Township of Marple - General Requirements

Accessory Buildings
Spacing for accessory buildings.
Accessory buildings on a lot shall be located not less than 10 feet from each other and from principal structures.

Applicability
Subject to Article XV of this chapter (Nonconformance), no person may use, occupy or sell any land or buildings or authorize or permit the use, occupancy or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter. For purposes of this section, the use or occupancy of a building or land relates to anything and everything that is done to, on or in that building or land.

Buffer Requirements
Intent. See § 300-65: Intent for details.

Applicability and scope.
This article regulates the circumstances in which buffers are required. Buffers may be required either as part of setbacks from the perimeter of a tract where it adjoins a district boundary line, as specified in § 300-68 or as part of setbacks from street ultimate rights-of-way, as specified in § 300-69. Classification of buffers is specified in § 300-67. Recommended trees and hedges are specified in § 300-74.

Classification of buffers. See § 300-67: Classification of buffers for detailed information.

Required buffer types for setbacks adjoining district boundary lines. See § 300-68: Required buffer types for setbacks adjoining district boundary lines for detailed information.

Required buffer types for setbacks from streets. See § 300-69: Required buffer types for setbacks from streets for detailed information.

Retention of existing natural buffers.
Wherever buffers are required, every effort shall be made to retain existing natural buffers, such as vegetation and topographic features.

Landscaping of setbacks.
All required setbacks, whether or not planted with trees, shrubs or hedges required by § 300-68 and/or § 300-69 shall as a minimum consist of grass, ground cover and/or similar vegetative material or other natural landscaping materials.

Alternative buffers.
As an alternative to the potential for an excessively linear appearance brought about by strict conformance to the minimum requirements of § 300-68 and/or § 300-69, innovative, free-form buffers that may, in some cases, not be located entirely within the minimum required setback, are encouraged. Such alternative buffers may be authorized as special exceptions by the Zoning Hearing Board, subject to a recommendation of the Planning Commission, which may seek the advice of technical experts in the review of the alternative plans.

Maintenance required.
All buffers shall be maintained by the property owner at his expense, assuring that required trees, plantings and vegetative materials are kept in good condition. Any such materials that die shall be replaced within one year.

Recommended buffer plantings. See § 300-74: Recommended buffer plantings for a list of tree species.

Continuing Care Retirement Community District
A. Intent. The CCRC District is designed to provide residential living and health-care facilities for senior citizens.
B. Use regulations. See § 300-35.2B for details.
C. Height regulations. The maximum height of any buildings or other structure shall be 35 feet.
D. Area and bulk regulations. See § 300-35.2D for detailed information.

E. Design standards. In addition to the design standards contained in the Marple Township Subdivision and Land Development Ordinance, the following shall apply:

(1) General design standards.

(a) All land and buildings erected in this district shall be under one ownership and/or management responsible to the person who owns the land and buildings; provided, however, independent living units and personal care assisted living units may be sold as life estates or leased to life tenants who are in residence.

(b) All utilities, including but not limited to water, electricity, gas, telephone and cable, shall be installed and maintained underground.

(c) Public water and public sanitary sewage disposal systems shall be provided.

(2) Landscaping. Landscaping shall be in accordance with a landscape plan and planting schedule prepared by a landscape architect and approved by the Board of Commissioners during the land development application process.

(3) Off-street parking and loading. All off-street parking and loading standards in the Marple Township Subdivision and Land Development Ordinance and in Article XI of the Marple Township Zoning Ordinance shall apply. The following numbers of parking spaces shall be provided for uses in the PRC District:

(a) One parking space for every two independent living units.
(b) One parking space for each four personal care assisted living units.
(c) One parking space for each four beds in a skilled nursing facility.
(d) One employee parking space for every two employees on the largest shift.

(4) Lighting. All driveways, parking areas, and areas of pedestrian use shall be adequately lighted. All such lighting shall be designed and located to direct light away from any adjoining residential development and areas zoned for residential development.

(5) Signage.

(a) One sign of not larger than 40 square feet indicating the name of the development will be permitted at each major entrance to the site. Such sign shall be in accordance with plans submitted to and approved by the Board of Commissioners.

(b) Directional signs not larger than four square feet. Such signs shall be in accordance with Plans submitted and approved by the Board of Commissioners.

F. Special plan requirements.

(1) A land development plan, which delineates the overall development of the property for which an application is made, shall be filed as part of a land development application, which land development plan shall include the following:

(a) The location, orientation, boundaries, dimensions and ownership of the property.

(b) The location, use dimensions and arrangements of all buildings and structures, streets, sidewalks and open spaces, including the height of all buildings.

(c) The number of independent living units, personal care assisted living units; and the number of skilled nursing beds.

(d) The location and dimensions of all parking areas, loading and unloading areas, driveways, fire lanes, and private and public streets.

(e) The location of all areas devoted to buffer planting and landscaping.

(f) The location of all sewage, water and other public utilities, stormwater drainage, exterior lighting and similar facilities and the dimensions of all existing or proposed utility easements.

(g) Such other information as required by the Marple Township Subdivision and Land Development Ordinance.

(2) A traffic impact study.

See § 300-35.2: Continuing Care Retirement Community District for more detailed information.

Enforcement
The provisions of this chapter shall be enforced by the Code Enforcement Officer or such person as designated by the Board of Commissioners. The Code Enforcement Officer shall require that applications for building permits shall contain all the information necessary to enable him to ascertain whether the proposed building, alteration or use complies with the provisions of this chapter. No building permit shall be issued until the Code Enforcement Officer has certified that the proposed building, alteration or use complies with all the provisions of this chapter.

Environmentally Sensitive Areas
Intent.
The intent of this article is to establish standards and criteria for the protection of environmentally sensitive areas of the Township, including floodplains, wetlands, steep slopes and very steep slopes, woodlands and areas with mature trees and historic resources. More specifically, these provisions are designed to:

A. Preserve natural environmental resources and maintain ecological stability by:

(1) Strictly controlling the use of floodplains.
(2) Promoting the proper development of steep and very steep slopes.
(3) Maintaining groundwater resources through the provision of areas for groundwater recharge.
(4) Avoiding the disruption of woodlands and the removal of specimen trees.

B. Preserve historic and cultural resources and the visual character of the landscape by:

(1) Promoting the preservation of significant historical and cultural sites and structures.
(2) Discouraging development in areas that will create significant changes in the visual character of the Township, particularly its stream courses and major drainage swales.
(3) Encouraging the use of natural resource areas to preserve existing environmental quality and amenity values.

C. Protect the health and safety of all residents and visitors and minimize threats to property through the promotion of sound land development practices.

D. Aid in the implementation of the Comprehensive Plan and the attainment of its goals and objectives.

Applicability and scope.
This article regulates the circumstances in which development, improvements or demolition may occur on land areas in the Township consisting of or containing the following natural and man-made resources:

A. Floodplains, in accordance with § 300-60.
B. Steep slopes and very steep slopes, in accordance with § 300-62.
C. Specimen trees, in accordance with § 300-63.
D. Historic sites, in accordance with § 300-64.

See Article IX: Environmental Protection for more detailed information.

Flood and Floodplain Protection
Intent. See § 300-60: Flood and floodplain protection for details.
Applicability and scope. This section regulates the circumstances in which any use may occur in a floodplain.

Identification of floodplain areas. The identified floodplain area shall be those areas of the Township of Marple that are subject to the one-hundred-year flood as identified in the Flood Insurance Study (FIS), dated May 2, 1995, and the accompanying maps prepared for the Township of Marple by the Federal Emergency Management Agency or the most recent revision thereof.

Description of floodplain areas. See § 300-60D for detailed information.

Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Commissioners where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency Federal Insurance Administration.

Boundary disputes. See § 300-60F for detailed information.
Permitted uses. See § 300-60G for a list of permitted uses.
Prohibited uses. See § 300-60H for a list of prohibited uses.
Conditional uses. See 300-60I for a list of prohibited uses.

Elevation and floodproofing requirements.

(1) Residential structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation.

(2) Nonresidential structures.

(a) Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

(b) Any nonresidential structure or part thereof having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year-flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 and W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specification for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect that states that the proposed design methods of construction are in conformance with the above referenced standards.

(3) Space below the lowest floor.

(a) Fully enclosed space below the lowest floor (including basement) is prohibited.

(b) Partially enclosed space below the lowest floor (including basement) that will be used solely for parking of a vehicle, building access or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

[1] A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2] The bottom of all openings shall be no higher than one foot above grade.
[3] Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

(c) Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following:

[1] The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles or to the storage of tools, material and equipment related to the principal use or activity.
[2] Floor area shall not exceed 600 square feet.
[3] The structure will have low damage potential.
[4] The structure will be located on the site so as to create the least obstruction to the flow of floodwaters.
[5] Power lines, wiring and outlets will be at least 1 1/2 feet above the one-hundred-year-flood elevation.
[6] Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
[7] Sanitary facilities are prohibited.
[8] The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for entry and exit of floodwaters for the purposes of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered engineer or architect or meet or exceed the following minimum criteria:

[a] A minimum of two openings have a net total area of not less than one square inch for every square foot of enclosed space.
[b] The bottom of all openings shall be no higher than one foot above grade.
[c] Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

Design and construction standards. See § 300-60P for detailed information.

Existing structures in identified floodplain areas. See § 300-60Q for details.

See § 300-60: Flood and floodplain protection for more detailed information.

Historic Resources Protection
A. Intent:

(1) To establish as a matter of public policy that the preservation and protection of historic resources are public necessities and are in the interest of the health, culture, prosperity and welfare of the citizens and the Township of Marple.

(2) To protect the historic resources of Marple Township by encouraging their preservation, restoration, rehabilitation, and sensitive reuse in the community.

(3) To encourage orderly and efficient development that recognizes the special value to Marple Township of its fragile, nonrenewable historic and cultural resources.

(4) To create and provide a means for additions and updates to the Marple Township Historic Resources Inventory, through recommendations made by the Historical Commission and through public input in identifying historical, architectural and cultural buildings, settings and landscapes.

(5) To provide opportunities for owners of local historic properties to consult with the Historical Commission on appropriate ways to improve their properties to be eligible for special building and zoning code considerations and to apply for various private and public preservation incentives.

(6) To maintain or improve property values in Marple Township now and in the future.

See § 300-64: Historic resources protection for more detailed information.

Hours of Operation for Businesses
A. Normal business hours. Except as provided for in Subsection B, any occupation, employment or enterprise that is carried on for profit shall deal directly with customers or clients on the premises only between the hours of 6:00 a.m. and 11:00 p.m.

B. Extended business hours by special exception. The Zoning Hearing Board is authorized to grant special exceptions for such businesses to operate outside of the hours specified in Subsection A for applications meeting the following criteria:

(1) The use shall not generate high levels of vehicular traffic, nor noise, noxious odors, air pollution or glare;
(2) The manner, location and hours of operations and of deliveries to the premises shall be compatible with the daily cycle of active and quiet periods associated with any adjacent residential uses.

Off-Street Parking
General requirements.
Off-street parking areas shall be oriented to and within a reasonable walking distance of the buildings the parking areas are designed to serve. Access to parking lots shall be designed so as not to obstruct free flow of traffic. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance and safety of vehicles and pedestrians. Off-street parking areas shall provide paved surfaces for vehicular movement and parking spaces.

Setbacks.
Off-street parking areas shall be set back a minimum of 10 feet from front lot lines and a minimum of one foot from side and rear lot lines. Greater setbacks may be required in accordance with the standards applicable to each district.

Size of spaces.
Each required off street parking space shall be measured 10 feet in width by 18 feet in length. Parking spaces for the physically handicapped shall be 12 feet wide.

Width of aisles.
The minimum width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than 90°.

Parking Angle	Aisle Width
30 degrees	12 feet
45 degrees	13 feet
60 degrees	18 feet
90 degrees	24 feet

Parked vehicle overhang.
Parking areas shall be designed so as to prevent parked vehicles from overhanging or extending over sidewalks or required landscaped areas.

Perimeter landscaping.
For any off-street parking area accommodating 20 or more vehicle spaces, a landscape strip of at least five feet in width shall be provided between vehicular use areas and any adjacent public street, walk or right-of-way or any contiguous property. The landscape strip shall be planted and perpetually maintained with shade trees, with at least one tree per 35 linear feet. The required landscape strip area shall be planted and perpetually maintained with grass, ground cover or other landscape materials.

Interior (nonperimeter) landscaping.
For any off-street parking area accommodating 20 or more vehicle spaces, landscaped areas shall be provided for interior vehicular use areas so as to provide visual and climatic relief from broad expanses of pavement, to channel and define areas for pedestrian and vehicular circulation, to reduce stormwater runoff and to provide groundwater recharge:

A. At least 5% of the gross area of the interior vehicular use area shall be landscaped.
B. Interior (nonperimeter) landscaped areas shall be dispersed so as to define aisles and limit unbroken rows of parking.
C. Each separate landscaped area shall be at least 300 square feet in area and a minimum of five feet in width.
D. Landscaped areas shall be planted and perpetually maintained with grass, ground cover or other landscape materials.
E. Shade trees shall be planted and perpetually maintained in interior landscaped areas, with at least one shade tree per 300 square feet of interior landscaped area.
F. No hedge, tree, shrub or other growth shall be maintained that may cause danger to vehicular or pedestrian traffic in any off-street parking area by obscuring the view.

Parked vehicle registration.
All vehicles parked outdoors must be registered, with current, valid, state motor vehicle plates plainly visible.

Recreational vehicle, boat and oversize vehicle parking in Residential Districts.
Except as provided for in Subsection D below, no more than one recreational vehicle, boat or oversized vehicle may be parked outdoors on a lot in any residential district.

A. Such vehicles may be parked in side or rear yards and shall be parked no closer than 10 feet to any lot line.
B. Such vehicles shall not have exterior identification or signs indicating an occupation, employment or enterprise that is carried on for profit.
C. Such vehicles shall not be used for living or sleeping quarters on any lot in the Township.
D. On a lot containing two or more dwelling units, a designated parking area may be established to accommodate several such vehicles, provided that:

(1) The total number of such vehicles parked on the lot does not exceed the number of dwelling units on the lot.
(2) The designated parking area meets the other requirements of this section.
(3) The designated parking area is screened from view from adjoining lots and public streets by means of a buffer area.

Required parking for specific uses.
Any building or structure erected, altered or used and any lot used or occupied for any of the following purposes, regardless of the zoning district in which the use is located, shall be provided with the minimum number of off-street parking spaces set forth below, together with adequate driveways and street access in compliance with the requirements of §§ 300-75 through 300-83 of this article and of the Subdivision and Land Development Ordinance. Where a use is not specifically listed below, the requirement of the most similar use shall apply. See § 300-84: Required parking for specific uses for specific parking requirements by land use.

Reserve parking. See § 300-85: Reserve parking for detailed information.

See Article XI: Off-Street Parking and Loading for more detailed information.

Open Space Design Standards, Permanent
Permanent open space design standards. Permanent open space required in accordance with certain sections of this article shall be designed in accordance with the following standards:

(1) Permanent open space shall be so designated on the plans and the plans shall contain a notation stating, "Permanent open space shall not be separately sold and shall not be further developed or subdivided";

(2) Permanent open space shall be contiguous to the development, not separated by existing streets and shall not be a part of any lot within the development;

(3) Each area of permanent open space shall contain not less than 10,000 square feet;

(4) Permanent open space areas shall be designed as a continuous system of open space and shall be interconnected with open space areas on abutting parcels whenever possible;

(5) Permanent open space shall be provided with safe and convenient access to the residentially developed area of the tract by adjoining frontage on streets or easements capable of accommodating pedestrian, bicycle and maintenance vehicle traffic. The permanent open space shall contain appropriate access improvements and shall be provided with perimeter parking areas where appropriate;

(6) Permanent open space shall predominantly consist of natural environmental features or planted and maintained vegetation that may contain walking, biking or equestrian trails. Permanent open space may also contain impervious surface areas such as tennis courts, clubhouses or other active recreation facilities, but such active recreation facilities shall consist of less than 25% of the permanent open space;

(7) Permanent open space shall be configured so as to create areas of adequate size and shape to permit a variety of uses, active or passive, throughout the system.

Permanent open space offer of dedication. Permanent open space required in accordance with certain sections of this article shall be offered for dedication to the Township, although the Township need not accept any such offers.

Outdoor Illumination
Any permitted illumination of signs, buildings, structures, tennis courts or other open areas shall be subject to the following regulations:

A. Floodlighting or high-intensity lighting shall be selected and installed so that only the sign, building, structure, tennis court or other open area on a lot is directly illuminated.

B. Floodlighting or high-intensity lighting shall be so aimed or shielded that the light shall not be directed onto any adjacent lot.

C. Floodlighting or high-intensity lighting over 150 watts shall be located so that the glare or reflection visible from a street or residence adjacent to the sign, building, structure, tennis court or other open area being illuminated shall not be greater than one footcandle at the property or boundary line.

D. No floodlighting or high-intensity lighting, except surveillance, security or safety lighting, shall be permitted after 11:00 p.m.

Planned Residential Developments
A. Intent. See § 300-33: Planned residential development for details.

B. Permitted uses. The following uses are permitted as a planned residential development in an R-A, R-B, R-C and R-1 District and shall be limited to:

(1) Single-family detached, two-family, three- or four-family or multifamily dwellings, provided that at least 60% of the units are single-family detached dwellings.

(2) Nonresidential uses of a recreational, educational and institutional character to the extent they are designed to serve the residents of the planned residential development and are in accordance with § 300-33G and H.

C. Minimum tract size. The minimum tract size for a planned residential development shall be 50 acres, provided, however, that planned residential development qualifying as housing for older persons within the meaning of the Federal Fair Housing Act, as amended, shall be permitted on a minimum tract size of 30 acres.

D. Density regulations.

(1) The maximum density computed over the entire tract shall not exceed the total number of units computed by the following method: Total tract acreage, minus all designated environmentally sensitive areas, shall be divided by the minimum lot size prescribed by the Zoning Ordinance for the zoning district in which the planned residential development is proposed, times a factor related to minimum lot size as follows:

Minimum Lot

(square feet)	(acres)	Factor
80,000	1.83	2
40,000	0.91	1.75
20,000	0.45	1.5
Under 20,000		1.0

(2) For sites that are zoned PRD, the maximum density computed over the entire tract shall not exceed four units per acre of tract area.
(3) Density of each type of permitted development shall not exceed the following limits within a use area (i.e., any area of land allocated to a single category of land use):

(a) The maximum residential density for three- or four-family dwellings or multifamily dwellings use areas shall not exceed 10 dwelling units per acre and not more than six dwelling units are permitted in a single attached row.
(b) The maximum residential density for two-family dwellings use areas shall not exceed six dwelling unites per acre.
(c) The maximum residential density for single-family detached dwellings use shall not exceed three dwelling units per acre:

(4) Density of each type of permitted development shall not exceed the following limits within a use area (i.e., any area of land allocated to a single category of land use):

(a) The maximum residential density for three- or four-family dwellings or multifamily dwellings use areas shall not exceed 10 dwelling units per acre and not more than six dwelling units are permitted in a single attached row.
(b) The maximum residential density for two-family dwellings use areas shall not exceed six dwelling unites per acre.
(c) The maximum residential density for single-family detached dwellings use areas shall not exceed three dwelling units per acre.

(5) For the purposes of this Subsection D, the acreage set aside under Section I as common open space shall not be included for computation of density of use areas for any residential or institutional land use, but may be included for computation of overall density.

E. General site planning.

(1) Existing trees shall be preserved wherever possible. The location of trees must be considered when planning the common open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas and finished grade levels.

(2) The developer shall state the means whereby trees and other natural features will be protected during construction. Excessive site clearing of topsoil, trees and natural features before the commencement of building operations will be discouraged by the Board of Commissioners.

(3) The finished topography of the site shall adequately facilitate the proposed development without excessive earth moving and destruction of this and other natural amenities and shall be graded in accordance with the design standards of the Township of Marple Grading and Soil Erosion Ordinance.

(4) Natural features such as lakes, streams, topsoil, trees and shrubs shall be preserved and incorporated into the final landscaping of the development whenever possible.

(5) Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes and enhance the appearance of open areas.

(6) Where adequate surface drainage is not possible by means of grading alone, a supplementary drainage system to be approved by the Township Engineer will be required.

(7) All housing shall be designed with regard to topography and natural features of the site. The effects of prevailing winds, seasonable temperatures, most scenic views and hours of sunlight on the physical layout and form of the proposed land use and building shall be taken into account.

(8) To create architectural interest in the arrangement and character of housing fronting streets, variations in housing setbacks will be encouraged.

(9) All housing should be located so as to provide adequate privacy and ensure natural light in all principal rooms.

(10) Routes for vehicular and pedestrian access and parking access shall be convenient without creating nuisances or detracting from privacy.

(11) The location and arrangement of buildings and open spaces must be shown so that the Board of Commissioners may review the intensity of land use and serve the public interest by protecting neighboring land uses.

F. Dimensional requirements. See § 300-33F for detailed information.

G. Maximum building coverage. The total ground area occupied by buildings and structures shall not exceed 15% of the total ground area of the planned residential development. For the purpose of this subsection, "total ground area" shall mean the aggregate of the maximum horizontal cross-section areas of all buildings on a lot above the ground level, measured at the greatest outside dimensions, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and not projecting more than five feet, one-story open porches projecting not more than 10 feet, steps and balconies.

H. Nonresidential uses and structures. Nonresidential uses shall be designed and intended only for the use of the residents of the planned residential development and the burden of proof shall be upon the applicant to prove that such is the case. No building designed or intended to be used in part or in whole for nonresidential purposes shall be constructed prior to the construction and completion of not less than 20% of the dwelling units proposed in the plan. Recreational and open space uses shall be incorporated into each phase or stage of development in the manner prescribed by the plan. Applicable recreational facilities shall be completed before construction of the next phase.

I. Common open space. See § 300-33I for detailed information.

See § 300-33: Planned residential development. for more detailed information about planned residential developments.

Portable Storage Containers
Location.

(a) PSC units are prohibited from being placed on the streets or the front yard of a property.
(b) No PSC shall be placed on a side yard of a corner property which fronts on a street.
(c) All PSCs must be placed on paved off-street surfaces.
(d) PSCs shall not be located in any required open space, landscaped area, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection. Such containers shall also be subject to the sight distance provisions of § 265-28 of this Code.

Number, size and condition.

(a) Only one PSC unit may be placed on any residential property at one time.
(b) No PSC shall exceed a maximum size of eight feet by eight feet by 16 feet (124 square feet).
(c) All portable storage containers shall be in a condition free from rust, peeling paint and other forms of deterioration. It shall be the responsibility of the permit holder to maintain the storage unit rodent, vermin and insect free.

Advertising. The PSC unit must not contain any excessive advertising beyond the identification of the company name and phone number of the company which placed the container on the property.

Violations and penalties. Any person who shall place a PSC unit in violation of this subsection shall be cited and, upon conviction by a District Justice, be sentenced to pay a fine not exceeding $500. Each day that a violation continues shall constitute an additional violation.

Prohibited Uses
Vehicles and trailers as accessory uses. No vehicle trailer shall be parked on any lot and used as an accessory building or storage shed. No recreational vehicle, boat, camper or pickup component shall be used for living or sleeping quarters on any lot in the Township.

Projections
A. Projections into front yard. No building and no part of a building shall be erected within or shall project into the required front yard that falls between the street and the foremost portion of a principal use building except:

(1) Cornices, eaves, gutters;
(2) Chimneys, projecting not more than 18 inches;
(3) Bay windows not extending through more than one story and not projecting more than five feet;
(4) One-story, open porches projecting not more than 10 feet;
(5) Steps, projecting not more than eight feet;
(6) Balconies, projecting not more than four feet.

B. Projections into side yards. No principal use building and no part of a principal use building shall be erected within or project into a required side yard, except:

(1) Cornices, eaves, gutters;
(2) Chimneys, projecting not more than 18 inches;
(3) Steps, projecting not more than 36 inches.

C. Projections into rear yard. No principal use building and no part of a principal use building shall be erected within or shall project into a required rear yard except:

(1) Cornices, eaves, gutters;
(2) Chimneys, projecting not more than 18 inches;
(3) Bay windows not extending through more than one story and not projecting more than five feet;
(4) One-story, open porches projecting not more than 10 feet;
(5) Steps, projecting not more than eight feet;
(6) Balconies, projecting not more than four feet.

D. Projections into yards; obstruction of views. No wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained that may cause danger to traffic on a street, sidewalk or public way by obscuring the view.

Promotional Sales
The Board of Commissioners may authorize temporary, short-term retail activities associated with established commercial property owners and businesses in the Township, including but not limited to sidewalk sales and product promotions, including displays, introductions, expositions and presentations, subject to the following:

A. A permit shall be obtained for the sale. A permit fee, as set from time to time by resolution of the Board of Commissioners, must accompany the permit application and be submitted at least 45 days prior to the sale.

B. Such uses may occur for a maximum duration of four continuous days up to four times each calendar year for any business.

C. The display area for such uses shall not exceed 10% of the lot area.

D. Such uses shall not obstruct any exit, pedestrian sidewalk or impede vehicle traffic.

E. Any designated temporary sales area shall not eliminate required off-street parking spaces on the property on which the sale occurs.

F. Goods or displays shall be located a minimum of six feet from any cartway, vehicle travel lane or property entrance/exit.

G. Signage for the event shall comply with the sign regulations contained in Chapter 300, Article XII of the Township Code. In no case shall any signage be permitted within the right-of-way of any street.

Remedies
In case any building, structure or sign is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used or any hedge, tree, shrub, wall or other growth is maintained in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

Seasonal Sales
The Board of Commissioners may authorize seasonal sales, limited to sales of flowers, plants, trees and arrangements of the same, subject to the following:

A. A permit shall be obtained for the sale. A permit fee, as set from time to time by resolution of the Board of Commissioners, must accompany the permit application and be submitted at least 45 days prior to the sale.

B. Such sales shall be limited to a period of 10 days preceding Valentine's Day, Easter, Mother's Day, Father's Day or other special occasion or holiday. Sales of trees shall be limited to a period of 25 days prior to Christmas.

C. No sales shall be permitted in any residential zoning district.

D. Such sales shall not be conducted from a motor vehicle or trailer.

E. Any designated temporary sales area shall not eliminate required off-street parking spaces on the property on which the sale occurs.

F. Signage for the event shall comply with the sign regulations contained in Chapter 300, Article XII of the Township Code. In no case shall any signage be permitted within the right-of-way of any street.

G. A permit shall be obtained for the event. A permit fee, as set from time to time by resolution of the Board of Commissioners, must accompany the permit application and be submitted at least 45 days prior to the event.

H. Compliance with the provisions of Chapter 200, Peddlers and Solicitors.

Sewer and Water Facilities (Residential Districts)
All development in residential districts shall be served by water facilities and sanitary sewer facilities acceptable to the Township Commissioners and subject to the approval of the Pennsylvania Department of Environmental Protection or its successor agency and the appropriate municipal authority providing local central water or sewer facilities.

Special Events
The Board of Commissioners may authorize temporary, short-term special events oriented to the general public, such as but not limited to fairs, carnivals and festivals, subject to the following:

A. The organization conducting the event shall submit an event action plan to the Township providing for event duration, security, fire prevention and medical assistance needs for the event; a trash collection/recycling disposal plan; a traffic flow and parking plan; and contact information for all event organizers and operators.

B. Parking demand generated by such an event must be accommodated on the site or other arranged event parking without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and neighboring property owners.

C. All litter generated by the special event shall be removed at no expense to the Township.

D. A permit shall be obtained for the event. A permit fee, as set from time to time by resolution of the Board of Commissioners, must accompany the permit application and be submitted at least 45 days prior to the event.

E. The applicant will be required to post a bond of $1,000 or other surety as approved by the Board of Commissioners to ensure compliance with the conditions of the permit.

F. Such events shall run for no longer than seven days.

G. Signage for the event shall comply with the sign regulations contained in Chapter 300, Article XII of the Township Code. In no case shall any signage be permitted within the right-of-way of any street. Such signs shall be subject to immediate removal and may warrant forfeiture of the posted surety.

H. All other necessary federal, state and local permits must be obtained.

I. The use of or performance of any domestic, wild or exotic animal, for public entertainment or amusement shall be prohibited except in conjunction with a permitted zoological garden, menagerie or exhibition of an educational institution.

Steep Slope Protection
A. Intent. See § 300-62A for details.

B. Applicability and scope. This section regulates the circumstances in which any use may occur on areas of steep slope or very steep slope. The regulations of this section apply to all districts in the Township.

C. Disturbance of ground cover.

(1) No person shall directly or indirectly disturb vegetative ground cover on more than the following percentages of each classification of land:

Slope classification	Permissible area (maximum percent)
Steep (15% to 25%)	15%
Very steep (greater than 25%)	15%

(2) For steep and very steep slope distribution in excess of those set forth in § 300-62C(1), conditional use authorization from the Board of Commissioners is required.

D. Permitted uses in areas of steep slope and very steep slope. See § 300-62D for alist of permitted uses.
E. Prohibited uses. See § 300-62E for alist of prohibited uses.
F. Conditional uses in areas of very steep slope. See § 300-62F for a list of conditional uses.
G. Conditional uses in areas of steep slope. See § 300-62G.

H. Standards for conditional uses or variances. The Board of Commissioners, in considering a use as a conditional use and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of § 300-62A and shall consider the following:

(1) Degree of modification proposed to the topographic, soil and vegetation resources.
(2) Techniques and extent of mitigation proposed to offset potential adverse environmental effects.
(3) Effects on adjacent and neighboring properties.
(4) Consistency of proposed uses with the objectives of § 300-62A.

I. Additional standards for conditional uses or variances. An affirmative decision shall not be issued by the Board of Commissioners for conditional uses nor by the Zoning Hearing Board for variances unless there is evidence that:

(1) Development is being proposed on areas of steep slope or very steep slope only because no other alternative location is practicable.

(2) Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate the proposed uses and structures and in a manner that will not cause excessive surface water runoff, erosion, sedimentation and unstable soil conditions.

(3) Mitigation techniques will be utilized, including but not limited to retaining walls, tree wells, the establishment of ground covers and/or low spreading shrubs and the use of erosion control fabric.

(4) Proposed structures will be of sound engineering design and footings will be designed in response to the site's slope, soil and bedrock characteristics.

See § 300-62: Steep slope protection for more detailed information.

Tree Protection
A. Intent. This section regulates tree removal in the Township. Trees contribute significantly to the community's scenic beauty, in preventing soil erosion, reducing flood hazards, improving air quality, neutralizing wastewater, stabilizing the groundwater table, moderating microclimate and protecting wildlife. Indiscriminate removal of trees would adversely affect the local economy by reducing the attractiveness and desirability of the area as a place to live, work and visit.

B. Applicability and scope. This section regulates the circumstances in which any tree with a trunk diameter in excess of specified dimensions may be removed, as defined in this section. The regulations of this section apply to all districts in the Township.

C. Removal or relocation of trees. No person, organization, society, association, corporation or any governmental agency or representative thereof, directly or indirectly, shall, without first obtaining a permit as herein provided, remove or relocate to another site more than three trees on a lot in RA, RB and RC Zoning Districts and two trees on a lot in all other zoning districts in any calendar year with a trunk 12 inches or greater in diameter, measured 4 1/2 feet above the natural grade, within a primary tree-protection zone or more than three trees on a lot in RA, RB and RC Zoning Districts and two trees on a lot in all other zoning districts in any calendar year with a trunk 18 inches or greater in diameter, measured 4 1/2 feet above the natural grade, within a secondary tree-protection zone.

See § 300-63: Tree protection for more detailed information.

Wireless and Attached Communication Facilities (General Standards)
General standards applicable to all wireless and attached communication facilities.

(1) Antennas shall be located so as to minimize visual effects on adjacent and neighboring properties, public rights-of-way and parks and public open space.

(2) Antennas shall be placed where existing topography, vegetation, buildings or other structures provide the greatest amount of visual screening, particularly when visible from properties used for residential purposes.

(3) The wireless communication facility with support structure shall be the minimum height required to provide reasonable service within the applicant's grid. No facility that is taller than this minimum height shall be approved, except to facilitate collocation.

(4) Antennas shall be attached to existing tall structures such as communications towers, smokestacks, buildings and similar structures when these are available for a proper installation. The applicant shall indicate the options studied and the reasons for their rejection.

(5) The antenna support structure shall be designed with the capability of collocating two additional users when doing so will not cause an adverse impact to the health, safety and welfare of the surrounding properties. When collocating is desirable, applicants shall agree that space on the proposed support structure will be made available to other operators and the conditions governing this collocating will be reasonable.

(6) Antennas must be in compliance with all applicable Federal Communications Commission regulations and all other applicable regulations.

(7) Roof-mounted antennas shall be placed so as to be least visible from properties being used for residential purposes.

(8) The wireless communication facility shall be secure from unauthorized access and shall not pose climbing or electrocution hazards.

(9) Signs shall be limited to ownership, hazard and emergency contact and in accordance with applicable OSHA requirements. Unless indicated otherwise by OSHA regulations, signs shall be limited a maximum of three square feet in area.

(10) Suitable locations shall not be rejected without due cause. These can include but not be limited to:

(a) The attachment structure in question requires strengthening and this will add more than 50% to the total installed cost.

(b) The attachment structure in question does not have adequate space, access or height or is in an improper location to accommodate the proposed equipment or to allow it to perform its intended function.

(c) The installation in question will result in radio frequency interference with other existing equipment and corrective actions will increase the installed cost by more than 50%.

(d) The location in question will produce electromagnetic radiation that is above FCC standards for human exposure in close proximity to the antenna and where people have normal access and corrective actions will increase the installed cost by more than 50%.

(e) A commercially reasonable agreement could not be reached with the owners of the structures or property in question.

(11) The technology selected shall enable the lowest possible level with regard to emitted radiation to be utilized. The antenna array shall be designed and installed so that the radiation is directed to minimize impinging directly on residential properties, nonadult schools and playgrounds within four times the array height distance from the antenna. The applicant shall calculate power densities for all occupied parts of these kinds of nearby locations. These shall be compared with the main radiation pattern in order to show how directionally effective the design is and how the impact values compare with the maximum values allowed by the FCC regulations. If more than one provider exists or will exist at the location or a nearby location, the impact values shall be the sum for all providers operated at their maximum permitted power output level.

(12) Antenna installations should be minimally intrusive on nearby residential properties.

See § 300-110: Antennas for more detailed information.

Wireless Communication Facilities (Outside of ROW), Nonaccessory

(1) Height.

(a) Attached wireless communication facilities.

[1] All antenna array elements shall be at least 35 feet above grade as measured from the bottom of any element to grade. Attachment structures must be at a minimum of 35 feet above grade on all sides of the structure. These minimum height requirements will waved if the contra-wound toroidal helical antenna technology or similar technology receives FCC approval for a lesser mounting height.

[2] The height of the antenna array may not exceed the height of the attachment structure by more than 25 feet.

[3] If a wireless communication facility or its appurtenances extend above the primary roof of any attachment structure, they must be set back one foot from the edge of the primary roof for each one foot in height above the primary roof which the wireless communication facility extend unless the facility is appropriately screened from view through the use of panels, walls or other screening techniques approved by the Township.

[4] Setback requirements shall not apply to a wireless communication facility which is mounted on the exterior of an attachment structure below the primary roof and which does not protrude more than 18 inches from the side of such attachment structure.

(b) Wireless communication facilities with support structure.

[1] The maximum height of any wireless communication facility shall be 150 feet.

[2] The measurement of height for the purpose of determining compliance with these requirements shall be from grade and shall include the support structure itself, the base pad and any facilities attached thereto.

(2) Setbacks from base of support structure. If a new support structure is constructed (as opposed to mounting the wireless communication facility on an existing support structure), the minimum distances between the base of the support structure or any guy-wire anchors and any property line or right-of-way line shall be the largest of the following:

(a) The minimum setback from Residential and Institutional Zoning Districts shall be the greater of 200% of the maximum height above adjacent grade of the uppermost part of the antenna-support structure installation.

(b) In Commercial and Institutional Zoning Districts, all wireless communication facilities with support structure shall be set back a minimum distance of one foot for each foot in height from adjacent properties that are in the same or like Commercial or Institutional Zoning Districts.

(c) In Industrial Zoning Districts, all wireless communication facilities with support structure shall be set back a minimum distance of 25 feet, plus one foot for each additional foot in height above 100 feet from adjacent properties in the same Industrial Zoned District. In no case shall the minimum setback from adjacent Commercial, Institutional or Residential Zoning Districts be less than that required if the property were zoned the same as the adjacent district.

(d) The setback requirements for any and all municipal/governmental facilities located within the Township, no matter what district such facility is located in, shall be the same setback requirements as if the municipal/government facility was located in the I Light Industrial Zone.

(3) Stealth design. Wireless communication facilities shall be of a stealth design and must comply with the following standards relating to aesthetics, placement, materials and colors:

(a) The antenna array shall be as small as possible to serve the desired functioning.

(b) Consideration shall be given to the use of multiple shorter, less visible support structures when a single tall support structure is the alternative and there is a significant impact on nearby residential and commercial zoned properties.

(c) Attached wireless communication facilities shall be designed and maintained so as to blend in with the existing structure to the maximum extent possible. Consideration shall be given to the use of color and installation location.

(d) The design shall include a screening plan that serves to minimize the visual impact of the wireless communication facilities.

(e) Wireless communication facilities with support structure shall be designed so as to blend in with the existing surroundings. This shall include the use of a less visible support structure design, compatible colors and disguised structures.

(4) Specific regulations for all nonaccessory ground-mounted antennas.

(a) Wireless communication facilities shall not be placed within the required setback of the property.

(b) Fencing shall be required around all wireless communication facility with a support structure and other equipment unless the wireless communication facility is mounted on an attachment structure. The fencing shall comply with § 300-111 of this chapter.

(c) The applicant shall submit a landscaping plan with its application. The plan shall indicate the retention of existing vegetation on and around the site to the greatest extent possible. New landscaping shall be installed to supplement the existing vegetation and to create a natural buffer between the facility and adjoining tracts or uses.

(d) Structures shall be artificially lighted only when Federal Aviation Administration (FAA) or OSHA regulations require it.

(e) All guy wires associated with guyed support structures shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

See § 300-110: Antennas for more detailed information.

Wireless Communication Facilities Accessory Attached Facilities Accessory use antennas shall be exempt from the permitting requirements under § 300-110I(3) and allowed in all districts if the combined height of the antenna and support is less than 12 feet. A building permit will be required if the combined height of the antenna and support exceeds 12 feet.

(1) Antennas that qualify are as follows:

(a) One standard UHF/VHF television and one standard FM/AM radio antenna per property designed for receiving ground-based broadcast signals, provided that the installation is in accordance with this subsection.

(b) One dish-type antenna that is no larger than 39 inches in diameter that is installed in accordance with this subsection.

(c) One ground-mounted television satellite dish antenna per property no larger than 72 inches in diameter that is installed in accordance with this subsection.

(d) One antenna designed to send and receive amateur radio band or citizen band or mobile radio band signals.

(2) Specific installation requirements are as follows:

(a) UHF/VHF and FM/AM antennas.

[1] If roof-or-building or ground-mounted, it shall be within the building envelope of the property.

[2] If building mounted, it should be located on the rear elevation of the building or on the rearward 1/2 of a side elevation and extending out no more than 12 inches from the building.

[3] The antenna shall be no higher than needed to receive adequate reception of localized signals and in no case be higher than 12 feet above the roofline of the principal use structure on the property or no more than 35 feet above grade, whichever is less.

[4] The antenna shall be finished with a color that blends with the surroundings.

[5] If ground mounted, it shall be screened from public rights-of-way and neighboring properties by trees, shrubs and/or fences.

(b) Dish-type of antenna.

[1] If roof or building mounted or ground mounted, it shall be within the building envelope of the property.

[2] If building mounted, it shall be located on the rear elevation of the building or on the rearward 1/2 of a side elevation and extending out no more than 30 inches from the building.

[3] It shall be no higher than four feet above the roof building line of the principal use structure on the property if roof or building mounted or six feet above the natural contour or level of the ground if ground mounted.

[4] It shall be finished with a color that blends with the surroundings.

[5] If ground mounted, screened from public rights-of-way and neighboring properties by trees shrubs and/or fences.

(c) Ground-mounted television satellite dish.

[1] It shall be located in the rear yard portion of the lot, which shall contain at least 7,500 square feet in area.
[2] It shall be located at least 10 feet from any rear and side property line.
[3] Its height measured from the natural contour or level of the ground shall not exceed 1.67 times the diameter of the dish.
[4] It shall be finished with a color that blends with the surroundings.
[5] It shall be screened from public rights-of-way and neighboring properties by trees shrubs and/or fences.

(d) Antennas associated with amateur radio, citizen and mobile radio band equipment.

[1] The equipment shall at all times be operated in accordance with its license and FCC regulations.
[2] Complaints with regard to interference must be addressed promptly.
[3] Subsection A of this article shall also apply.

See § 300-110: Antennas for more detailed information.

Wireless Communication Facilities Operation and Maintenance
(1) Wireless communication facility owners shall operate and maintain their facilities using the best available procedures, materials and equipment for preventing failures and accidents that have the potential to cause damage, injury or a nuisance to the public.

(2) Repairs to a facility should not result in the installation of lesser quality materials and equipment or degrade the operating specifications of the facility.

(3) The permit holder shall maintain a bond that will cover the cost of removal in the event of abandonment by the applicant or any successor entity. The value of the bond shall increase by 5% each year in order to account for the normal inflation rate.

(4) The permit holder shall maintain general liability coverage starting in a minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the wireless communication facility and its support structure. This insurance must be kept continually in force and increased by 5% per year to cover inflation with evidence of same being given to the Township as long as the facility exists. The Township reserves the rights to require larger initial coverage amounts in cases where it is appropriate.

(5) The permit holder shall not make physical changes to the wireless communication facility or change how it is to be operated without prior permission from the Township. Maintenance in kind replacements are exempt from this requirement.

(6) The wireless communication facility owner shall have the structural integrity of the antenna, supports, base, etc inspected annually by an independent licensed engineer. A copy of the engineer's report shall be directed to the Township Code Enforcement Officer. When corrective actions are necessary, a description of the necessary actions and an implementation schedule shall be included.

(7) The operator shall establish a procedure for verifying to the Township that its facility is operating in accordance with all applicable FCC, OSHA and Township regulations. This verification procedure shall be approved by the Township and include a minimum of one report per year on the operation of the facility. The report shall also include copies of all inspection reports on the facility, all documents submitted to or received from any state or local regulatory agency as well as any complaints directly received by the user(s).

See § 300-110: Antennas for more detailed information.

Yard Sales
A Township resident may conduct a yard sale subject to the following:

A. Items to be offered for sale shall belong to the resident and not be purchased for the purposes of resale on the residential premises.

B. Such uses shall be limited to not more than two days in any calendar year.

Content on this website is provided as a convenience and is for information use only. For further information, please call the Municipal Building at 610-356-4040. Got it!

MapLink™ | General Requirements

Content on this website is provided as a convenience and is for information use only. For further information, please call the Municipal Building at 610-356-4040. Got it!

Township of Marple, PA

MapLink™ | General Requirements