(1) Permits not required. A permit is not required for roof installation of antenna array and support structures with a combined height of not more than 12 feet if for private radio or television reception (Reference BOCA CODE 3109.1).
(2) Permits required. A permit shall be required for any private roof-mounted antenna array and support structures with a combined height of more than 12 feet above the roof. A permit shall also be required for any antenna not qualifying as an accessory use set forth in §
300-110D. The design and materials of construction shall comply with the requirements of BOCA CODE 3108.3 and Marple Township Ordinance §
300-110, Antennas.
(3) Application contents. The permit application shall contain all of the following information in the order given to facilitate the Township's completion check.
(a) General. Section 300-I(3) shall apply to all installations and the information to be supplied in the application is as follows:
[1] The application shall contain the name and corporate headquarters address of the applicant who will own and be responsible for the proposed installation and its subsequent operation.
[2] The applicant shall provide a copy of the applicant's FCC license.
[3] The applicant shall provide the name, address and telephone number of a responsible individual employed by the applicant who can legally act for it in these matters and will sign the application and indicate his belief in its correctness.
[4] The applicant shall provide the name, address and telephone number of the individual that the applicant designates to receive all correspondence associated with this application.
[5] The applicant shall describe the nature of the intended installation(s) indicating the type, size, height and power intensity(s).
[6] The applicant shall provide the Township copies of all current FCC requirements and standards that are applicable to the proposed installation. The applicant shall submit information regarding the number of transmitters and receivers, frequency of operation, peak effective radiated power (PERP)in volts per meter at the tower base, site boundary and all locations outside the site boundary where PERP exceeds the maximum at any site boundary. Applicants shall demonstrate that the proposed wireless communication facility meets or exceeds FCC standards and shall supplement this information upon request of the Township. Once installed, any change in the power output from the wireless communication facility shall be immediately reported to the Township.
[7] The applicant shall provide a sworn affidavit from a radio frequency engineer that the placement of the wireless communication facility will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communication services to all adjacent properties.
[8] The applicant shall provide a scaled plan and a scaled elevation view and other supporting drawings, calculations and documentation showing the location and dimensions of the wireless communication facility and all improvements associated therewith, including information concerning attachment structure specifications, antenna locations, equipment facility, landscaping, fencing, and, if relevant, topography, adjacent uses and existing vegetation.
[9] The applicant shall provide a description and illustrations of stealth design techniques employed in a manner suitable for review for approval by Marple Township.
[10] The applicant shall indicate the closest locations to Marple Township where installations that are essentially the same as the one being proposed can be viewed. If not identical, indicate how it will be different.
[11] The applicant shall provide the legal description, parcel number, block and unit numbers of the parcel of land upon which the facility is to be situated and the names, addresses and telephone number(s) of the owners and lessees of the parcels of land upon which the intended installation is to be situated. If the applicant is not the owner of the parcel of land or the attachment structure, the written authorization of the owner shall be submitted with the application.
[12] The applicant shall identify the Marple Township zoning classification(s) of the properties on which the installation(s) are to be located and indicate the shortest distance(s) from the installation(s) to residentially zoned property.
[13] he applicant shall indicate the need for the intended installation(s) and the alternatives studied and why the alternative in question was selected. Supporting documentation shall be supplied in a manner that an engineer who is expert in these technologies can properly review them. The applicant shall provide an inventory of the applicants existing wireless communication facilities that are either within Marple Township or within two miles of Marple Township limits. The location, height and design of these facilities shall be given. The applicant shall also provide a composite propagation study which illustrates graphically, existing, proposed and future coverage in the ten-mile radius of the proposed site in an industry-accepted format.
[14] The applicant shall provide the name, address and telephone number of the applicant's engineer, who has reviewed the equipment designs and proposed installation and operating procedures for compliance with all FCC, OSHA, EPA and Marple Township regulations, codes, referenced standards and guidelines. The engineer shall attest (by signature and his Pennsylvania seal) that the application is in compliance with all applicable codes, ordinances and regulations.
[15] The applicant shall supply a statement agreeing to furnish the Township, prior to installation, with 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.
[16] The applicant shall supply a statement agreeing to furnish the Township, prior to the installation, with a certificate evidencing general liability coverage in the 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 in force, 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 right to require larger initial coverage amounts in cases where appropriate.
[17] The applicant shall supply evidence of agreements and/or easements necessary to provide access to building or site on which the antennas are mounted, so that the installation and maintenance of the wireless communication facility can be accomplished.
[18] The applicant shall supply evidence by an engineer showing how the siting and protection of the wireless communication facility does not pose a risk of explosion, fire or danger to life or property due to its proximity to flammable liquids and gases, corrosives, reactive and toxic chemicals as defined by the USEPA under 40 CFR 261.
(b) Variance. If a variance is requested from the Zoning Hearing Board, in addition to the normal application requirements, the application for variance shall include the following:
[1] The applicant shall provide a description of how the applicant's construction plan addresses any adverse impact which might occur as a result of approving the variance.
[2] The applicant shall provide a description of off-site or on-site factors which mitigate any adverse impacts which might occur should the variance be granted.
[3] The applicant shall provide a technical study prepared by a certified professional engineer which documents and supports the criteria submitted by the applicant upon which the request for variance is based. The study shall document the existence of facts related to the proposed variance and its relationship to the surrounding right-of-way and properties.
[4] The applicant shall list all properties upon which the proposed tower could be located, the attempts made by the applicant to locate on those properties and the result of such attempts.
(c) The applicant shall, where the proposed use is in a right-of-way, provide evidence of right-of-way use permits/agreements with the Township and/or Commonwealth of Pennsylvania.
(d) The applicant shall provide the following information in addition to the information supplied under § 300-110I(4)(a) for applications for the installation of wireless communication facilities outside a right-of-way:
[1] Attached micro facilities:
[a] The applicant shall indicate the proposed antenna height above grade.
[b] If the applicant is not the owner of the parcel of land or of the attachment structure, the applicant shall provide written authorization of the owner in the application.
[c] The applicant shall provide, if the antenna is to be attached to a building or other structure, a detailed elevation and plan drawings to scale that show how antennas are mounted. The drawings shall show the locations of the antenna and equipment housing and the overall shape and size of the supporting structure. Indicate the design basis for the attachment and certification from a certified professional engineer that the proposed installation will not exceed the structural capacity of the attachment structure, considering wind, rain, snow, ice and other applicable conditions.
[2] Wireless communication facilities other than attached micro facilities:
[a] The applicant shall indicate the proposed antenna height above grade.
[b] The applicant shall indicate if the support structure is capable of the addition of or collocation of other providers and if so how many additional providers and under what conditions.
[c] If the antenna is to be mounted on a support structure, the applicant shall include a drawing to scale that shows the structure and how the antenna is mounted to it including the size and location of the equipment housing. An engineer's certification that the support structure is designed and will be constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures published by the Electronic Industries Association/Telecommunications Industry Association (EIA/TIA-222-E) or equivalent subject to Township approval. Indicate the maximum specific wind velocity and ice loading that the support can resist without failure (BOCA CODE 3108.4-5).
[d] The applicant shall, in order to assist the Township in evaluating visual impact, submit with its application color photo simulations showing the proposed site of the wireless communication facility with a photo-realistic representation of the proposed wireless communication facility as it would appear viewed from the closest residential property, adjacent roadways and additional locations as necessary.
(4) Processing the permit application. Antenna structures described under §
300-110I(1) are exempt from the permitting process. All others shall follow the following processing procedures:
(a) All permit applications being processed under §
300-110 of the Marple Code must first undergo a general and technical review of the requirements indicated under this chapter. Installations requiring a variance must, after the completion of §
300-110I(4)(a), undergo the procedures described under §
300-110I(4)(b).
(b) The applicant shall provide 12 copies of the permit application materials requested (bound in ring binders) to the Marple Township Director of Code Enforcement. All drawings enclosed with the application shall be reduced to 8.5 inches by 11 inches or 11 inches by 17 inches, whichever is more appropriate. Three sets of full size drawings shall also accompany the application.
(c) All application materials will be stamped with the date on which it was received at the Marple Township offices. The application will be reviewed for completeness and the applicant notified of application being deemed complete or deficient by regular mail. If the application is deemed incomplete, it will not be processed until the corrections are made and the application resubmitted to the Township.
(d) Notice of an application for a proposed telecommunications facility shall be given no later than five working days from the date of the filing of the completed application on the local public TV channel, by written notice to all abutting landowners, the owner or owners and occupier or occupiers of every property within 500 feet of the property line of the proposed facility via regular postal delivery. The notice shall state the name of the applicant, the date of the filing and a summary of the application.
(e) The Planning Commission shall, if necessary, start its review as soon as the complete application is made available. When necessary, the Zoning Hearing Board will review the application.