[HISTORY: Adopted by the Borough Council of the Borough of
Folcroft 11-17-1992 by Ord. No.
855 (Ch. 13, Part 4, of the 2006 Code of Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 600.
The "Satellite Antenna Ordinance" is an ordinance to establish
regulations governing the use and location of satellite antennas within
Folcroft, Delaware County, Pennsylvania.
The provisions of this chapter shall be interpreted and applied
to promote, protect and facilitate the health, safety and general
welfare of the Borough and its residents and to prevent loss to health,
life and/or property, it being hereby determined that the widespread
and unregulated use of microwave antennas within the Borough may adversely
affect property values and present a significant danger or threat
of danger to the residents of the Borough and/or their property, particularly
in those areas of high population density in close-cluster housing.
As used in this chapter, the following terms shall have the
meanings indicated:
- SATELLITE ANTENNA
- A dish-shaped antenna, together with all attachments and parts, the purpose of which is to receive communication from orbiting satellites or other extraterrestrial sources.
- USABLE SATELLITE SIGNAL
- A satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.
Whenever, in the course of administration and enforcement of
this chapter, it is necessary or desirable to make any administrative
decision, then, unless other standards are provided in the chapter,
the decision shall be made so that the result will not be contrary
to the spirit and purpose of this chapter or injurious to the surrounding
neighborhood.
A.
Permits. Before erection of any satellite antenna, a permit application
shall be made to the Borough, a permit issued and a fee paid, the
amount of which shall be set from time to time by resolution of the
Borough Council.
B.
Permit application. A permit application shall be accompanied with
the following drawings:
(1)
For roof-mounted satellite antennas, drawings of the internal roof
structure which will provide support, the mounting fastening technique
to be used and its size, scaled by a licensed engineer.
(2)
For ground-mounted satellite antennas, drawings and dimensions showing
the location within a lot, the screen type, the support foundation
and its size.
C.
Type of use and setbacks.
(1)
The satellite antenna is to be considered an accessory to the building(s)
contained on the lot and is thereby subject to all the height and
setback requirements applicable to those building(s).
(2)
Roof-mounted antennas shall not exceed the maximum allowable building
height for the districts in which they are located.
E.
Size.
(1)
Size permitted. The maximum diameter of a satellite antenna shall
be four feet or 48 inches; the total height of the supported antenna
shall not exceed six feet. Larger construction would be permitted
only through special exception by the Zoning Hearing Board.
(2)
Location. Roof-mounted satellite antennas will be permitted only
through a special exception granted by the Zoning Hearing Board. In
addition to any other setback requirements, ground satellite antennas
shall be located at a minimum of 10 feet from buildings and 10 feet
from all property lines.
(3)
Mountings. Satellite antennas shall be properly anchored and installed
to resist a minimum wind load of 40 pounds per square foot of projected
horizontal area. Supports, anchors and foundations shall take into
account overturning movements and forces created by wind loading.
The safety factor against overturning or sliding for wind forces of
satellite antennas shall be 2.0.
(4)
All antennas must be adequately grounded for protection against a
direct strike of lightning.
F.
Screening. All satellite antennas shall be screened from adjoining
lots by the installation and maintenance of a completely planted visual
barrier to consist of evergreen plantings, or similar shrubbery, the
height of which (after planting) is at least equal to the height of
the satellite antenna.
G.
Number of antennas per lot. There shall be a maximum allowable limit
of one satellite antenna per lot with the use limited to that lot
on which it is located.
H.
Special exception. In granting a special exception, the Zoning Hearing
Board:
(1)
May permit a satellite antenna of a size larger than that permitted
as a matter of right, provided that the applicant proves that the
permitted size would not suffice for reception acceptable for normal
household viewing.
(2)
May require additional or other screening than that otherwise required
by these regulations.
(3)
May require additional setback from the property line to that imposed
by these regulations.
(4)
Shall attach such additional reasonable conditions as it shall require
consistent with the intent of these regulations that the essential
character of the neighborhood shall not be disturbed by the installation
of any such satellite antennas.
I.
FCC preemption. No satellite antennas may be erected in any district
or any location within a district which is prohibited by regulation
of the Federal Communications Commission or other regulatory agency
having jurisdiction.
[Amended 11-21-2006 by Ord. No. 990]
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof, shall be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.
