|
This notice involves
a group known as the Bartkowski Investment Group. Mr. Bartkowski plans to appear
before the z-h board for a special exception variance for installing billboards in our township.
Mr. Bartkowski
is trying to do the same thing in Haverford and Springfield townships. We expect
there will be several meetings and this is just the first one. One Haverford
location is at the car wash near Lawrence and West Chester
Pike and Marple Commissioners have already sent a letter to Haverford in opposition to this sign.
If you have any questions,
please do not hesitate to contact me. Thank you in advance for your help and working to preserve our community.
Trudy Riddell
Commissioner
First Ward
Marple Township
TOWNSHIP OF MARPLE
ZONING
HEARING BOARD
PUBLIC
HEARING
** below is a copy of the April
notice but meeting has been postponed by the Zoning Hearing Board to 9/16
A
public hearing will be held in the I. Newton Kerber Meeting Room of the Municipal Building, 227 South Sproul Road, Broomall,
Pennsylvania on Wednesday, April 15, 2009 7:30 p.m. prevailing time for the purpose of hearing the following appeals before
the Zoning Hearing Board of Marple Township.
09-02. Barkowski Investment Group for An Interpretation, Special Exception, Variances relating
to Area, Height and Use and in the alternative, a Validity Challenge to Article XII, Section 300-95.1, Paragraph( A) and (B),
Section 300-95.2(A)-(O) of Ordinance No. 2000-10 of the Marple Township Code, as amended.
The location is 1990 Sproul Road and is currently
zoned R-C Residential District. The petitioners wish to erect a 672 sq. ft. Billboard
in residential district, contrary to the code.
09-3. Barkowski Investment Group for An Interpretation, Special Exception , Variances relating
to Area, Height and Use and in the alternative, a Validity Challenge to Article XII, Section 300-95.1, Paragraph (A) and (B),
Section 300-95.2 (A)-(O) of Ordinance No. 2000-10 of the Marple Township Code,
as amended . The location is 2501 West Chester Pike and is currently zoned B-Business
District. The petitioners wish to erect a 672 Sq. ft. Billboard, contrary to
the code.
09-4. Barkowski Investment Group for An Interpretation, Special Exception, Variances relating
to Area, Height and Use and in the alternative, a Validity Challenge to Article XII, Section 300-95.1, Paragraph (A) and (B),
Section 300-95.2 (A)-(O) of Ordinance No. 2000-10 of the Marple Township Code, as amended.
The location is 2619 West Chester Pike and is currently zoned B-Business District.
The petitioners wish to erect a 672 sq.ft. Billboard, contrary to the
code.
09-5.
Bartkowski Inivestment Group for An Interpretation, Special Exception, and Variances relating to Area, Height, and Use, and
in the alternative, a Validity Challenge to Article XII, Section 95.1, Paragraph (A) and (B). Section 300-95.2 (A)-(O) of
Ordinance No. 2000-10 of the Marple Township Code, as amended. The location is
2583-85 West Chester Pike and is currently zoned B-Business District. The petitioners
wish to erect a 672 sq. ft. Billboard, contrary to the code.
09-6 Bartkowski
Investment Group for An Interpretation , Special Exception, and Variances relating to Area, Height and Use, and in the alternative,
a Validity Challenge to Article XII, Section 95.1, Paragraph (A) and (B), Section 300-95.2 (A)-(O) of Ordinance No 2000-10
of the Marple Township Code, as amended. The location is 2531 Summit Avenue and is currently zoned B-Business District. The petitioners wish to erect a 672 sq. ft. Billboard, contrary to the code.
09-7.Bartkowski Investment Group for An Interpretation, Special
Exception and Variances relating to Area, Height and Use, and in the alternative, a Validity Challenge to Article XII, Section
95.1, Paragraph (A) and (B), Section 300-95.2 (A)-(O) of Ordinance No. 2000-10 of the Marple Township Code, as amended. The location is 2343 West Chester Pike and is currently zoned B-Business District. The petitioners wish to erect a 672 sq. ft. Billboard, contrary to the code.
09-8. Bartkowski Investment Group for An Interpretation, Special Exception and Variances
relating to Area, Height and Use, and in the alternative, a Validity Challenge
to Article XII, Section 95.1, Paragraph (A) and (B), Section 300-95.2 (A) –(O) of Ordinance No. 2000-10 of the Marple
Township Code, as amended. The location is 2105 Sproul Road and is currently zoned R-1 Residential District. The petitioners wish to erect a 672 sq. ft. Billboard, contrary to the code.
09-10.
Vincent and Rosemarie Tulli for a variance to Article IV, Section 300-20A of Ordinance No. 2000-10 of the Marple Township
Code as amended. The location is 2606
Radcliffe Road and is currently zoned R-3 Residential District.
The petitioners wish to erect a 24’ x 30’ garage exceeding the permitted height of the structure by 4’8”.
09-11. George and Helen Moshos for a variance to Article XIII, Section 300-111 of Ordinance
No. 2000-10 of the Marple Township Code, as amended. The location is 321` Warren Boulevard and is currently zoned R-2 Residential District. The petitioners wish to erect a 6’ fence encroaching into the front/side
yard setback contrary to the 4’ permitted by code.
----------------------------------------------------------------------------------------------------------------------
Old news from our Solicitor
At its July, 2008 Legislative meeting the Board instructed the Township Solicitor to review the Township's Code regarding
provisions for off premises advertising. It was determined that the Code prohibited them. However, numerous court
decisions and challenges to other municipal ordinances held that a township's zoning code must make reasonable provision
for such signs. The Township then undertook a six month process to adopt a curative Amendment of its own ordinances
to alleviate this issue.
However in late July, 7 applications for Billboards were submitted by one outdoor advertising company for locations
primarily along West Chester Pike and Sproul Road
for sizes in excess of 650 square feet. Fortunately, because of the July curative amendment action of the Board these permits were returned to the applicant as a moratorium was in effect.
After review by the Township Zoning department, review of numerous court decisions and similar ordinances from other
Pennsylvania communities, a draft of a proposed ordinance
has been presented to the Township Planning Commission and the Delaware County Planning Commission for review.
The draft of the ordinance provides for off premises advertising signs as of right in the Industrial area but limited
to a total of 160 square feet and must be located more than 500 feet from any residence. Such signs shall be permitted by
special exception after a zoning hearing in the B-1 zoning district and can only be 100 square feet in size. The draft of
the ordinance contains a number of other safe guards to prevent a proliferation of such signs and to keep them away from residential
area's and to limit the hours of operation as well as prohibit light from any such sign from projecting into a residence.
Under the law the Township must provide for reasonable locations and size for such signs. If the township does
not take such proactive measures then a Billboard Company could challenge our ordinances and choose their own locations and
size of signs anywhere in the township as a remedy for the exclusion of the same.
A public Hearing on the proposed ordinance will be held by the Board at 7:30 PM on Monday January 5th, 2009 at
the Township Building.
All residents are encouraged to attend.
Listed below is a copy of the ordinance re: the billboards
TOWNSHIP OF MARPLE
DELAWARE COUNTY, PENNSYLVANIA
ORDINANCE NO. _________
AN ORDINANCE OF THE TOWNSHIP OF MARPLE, DELAWARE COUNTY, PENNSYLVANIA,
AMENDING THE ZONING ORDINANCE TO PROVIDE FOR OFF PREMISES ADVERTISING SIGNS AS A PRINCIPAL USE IN CERTAIN DISTRICTS.
WHEREAS, the Pennsylvania Municipalities Planning Code (53 P.S. § 10201
et seq.) permits a municipality to adopt regulations to protect the public health, safety and welfare; and
WHEREAS,
the Township adopted Ordinance No. 98-11 on May 5, 1998, which was codified at Section 300-87 et. seq. of the Code of the
Marple Township (the “Township Code”), pursuant to which the Township established regulations regarding the placement,
height and size of outdoor signs; and
WHEREAS,
the citizens of the Township of Marple, acting through the Township Board of Commissioners and Planning Commission and in
various other forums have indicated their strong desire to maintain the residential character and scenic beauty of the Township;
and
WHEREAS,
to that end the Township has participated in the comprehensive planning and zoning of the Township; and
WHEREAS,
excessive and inadequately controlled off-premise signs endangers the uniqueness and scenic beauty of the Township, harms
the appearance of our neighborhoods, and reduces the property values of neighboring property owners; and
WHEREAS,
logo signs, well-designed on-premise signs, information centers, and other forms of media in Marple Township offer local businesses
ample opportunity to promote their goods and services to residents and visitors alike; and
WHEREAS,
depending on their size, number, and character, signs either provide useful information or detract from the quality of life
for residents and attractiveness of the area for visitors; and
WHEREAS,
large and tall signs destroy residential character and threaten scenic beauty; and
WHEREAS,
large and tall signs are out of proportion with suburban roads and distract motorists and thus pose a threat to public safety;
and
WHEREAS,
to protect public health, safety, and welfare, and specifically to promote the safety of public travel on township and state
and local highways and roads, it is necessary to prohibits the construction and reconstruction of outdoor signs that are excessively
high or excessively large; and
WHEREAS,
it is necessary to establish standards to protect and promote the safety of public travel on town and county highways by minimizing
distractions and obstacles to clear views of the road and of directional or warning signs; and
WHEREAS,
improperly maintained or disused signs contribute to and cause blight; and
WHEREAS,
the Township recognizes that there is a competing need to allow off premises advertising signs which can stimulate economic
and commercial activity within the Township; and
WHEREAS
the Township has considered and gone to great lengths to balance those competing interests; and
WHEREAS,
the Township now desires to amend the provisions of the Township Code to create allow for off premises advertising signs and
establish reasonable regulations thereof.
NOW
THEREFORE, BE IT ENACTED AND ORDAINED AND IT IS HEREBY ENACTED AND ORDAINED BY THE BOARD OF COMMISSIONERS OF MARPLE TOWNSHIP
AS FOLLOWS:
Section
1. From and after the passage of this Ordinance
Section 300-91(F) of the Township Code is amended to read as follows:
§300-91
Prohibited Signs.
(F)
Any off premises sign advertising activities, services, products or uses not located, made, sold, used or served on
the premises displaying such sign unless permitted under Section 300-95.1 of this Chapter.
Section 2 - From and after the passage of this Ordinance Section 300-88.1 of the Township Code is added to read as follows:
§300-88.1 Definitions: As used in this Chapter, the following definitions
shall apply:
i.
Any Sign that does not display a well maintained message for a consecutive 120-day period;
ii.
Any Sign the owner of which cannot be located at Owner's last address as reflected on the records of the department;
or
iii. Any
Sign no longer fully supported, by the structure designed to support the sign, for a consecutive 120-day period
(B)
Area of a Sign: The area of one side of a sign is calculated from the
smallest rectangle that encompasses all the exposed face that could be filled with a message or graphics.
(C)
Banners: Sign placed without a permanent structure containing a time-bound
message and used in aggregate no more than seven days in any calendar on any private parcel.
(D)
Double-Faced Sign: Sign with
a message on both sides of a support structure thus counting as two sign faces.
(E)
Government Sign: A Sign authorized by this municipality, another governmental
agency, the State or Pennsylvania, or the federal government.
(F)
Off Premises Sign: Any sign advertising activities, services, products or uses not located, made, sold, used or served
on the premises displaying such sign.
(G)
Public Convenience: A structure maintained by the Township or other authorized governmental entity which provides a
service to the public such as public bus shelters, public trash receptacles, and other similar structures.
(H)
Sign: An object, including a structure, wall, image, or movable device
displaying any message visible to the public.
Section 3. From and after the passage of this Ordinance Section
300-95.1 of the Township Code is added to read as follows:
§300-95.1
Off Premises Signs Permitted in Certain Districts
(A)
Off premises signs shall be permitted as of right in the Industrial (I) District
provided that such signs meet the following criteria:
(1)
Each sign allowed under this section of the Article shall be located not less
than 500 feet (measured by radial spacing) from any other sign allowed pursuant to this section of the article and not less
than 500 feet from a residential zoning district. Distance measurement shall be made horizontally in all directions from the
nearest edge of the sign face.
(2)
Only one sign may be permitted on any one lot.
(3)
No sign’s gross surface area shall
exceed 160 square feet in face size.
(4)
The sign structure shall have a maximum height above the grade at the sign
base of thirty (35) feet.
(5)
The sign shall conform with all other sections of this Article including but
not limited to limitations on illumination and construction of signs.
(6)
Applicants shall prohibit the display of obscene materials on sign faces.
(7)
Subject to the landowner’s consent, a noncommercial message of any type
may be substituted for any duly permitted or allowed commercial message; provided , that the sign structure or mounting device
is legal without consideration of message content.
(B)
Off premises signs shall be permitted by special exception in the Business-1 (B-1) zoning district in accordance with
§ 300-136 of this chapter, subject to the following additional standards and conditions:
(1)
The minimum required lot area shall be one acre.
(2)
The minimum required lot width at both the street line and the front yard
setback line shall be 100 feet.
(3)
A maximum of one sign shall be permitted on a lot.
(4)
Minimum spacing from other signs permitted under this subsection shall be
a linear distance of 1,000 feet measured between the two closest points of the base of each sign.
(5)
The minimum setback from the street line shall be 50 feet.
(6)
The total area of the sign shall not exceed 100 square feet .
(7)
The maximum height of the sign shall be 35 feet.
(8)
Signs must be constructed within 100 feet of the right-of-way.
(9)
Adequate screening must be provided to screen the view of the sign from any
and all adjacent residential districts.
(10)
Applicants shall prohibit the display of obscene materials on sign faces.
(C)
Off premises signs shall be permitted as an accessory use to an approved public convenience, such as a bus stop shelter
or public trash receptacle, where located within the public right-of-way provided that such signs meet the following criteria:
(1)
The maximum size of any such sign shall not exceed twenty (20) square feet.
(2)
Such signs shall only be permitted in the public right-of-way adjacent to
Route 3 (West Chester Pike) and Route 320 (Sproul Road).
(3)
Minimum spacing from other signs permitted under this subsection shall be
a linear distance of 100 feet measured between the two closest points of the base of each sign.
(4)
The applicant must be the owner of the public convenience or have a contractual
right to erect a conforming sign before making application.
Section
4. Construction
Methods From and after the passage of this Ordinance Section 300-95.2 of the Township Code is added to read as follows:
§300-95.2
Off Premises Signs - Construction Methods Billboards shall be constructed in accordance with the applicable
provisions of all Township codes. In addition:
(A)
A billboard structure shall have a minimum of one vertical support being a minimum of 48 inches in diameter, with ½
inch wall or width, and without bracing or vertical supports.
(B)
A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or
otherwise treated to prevent rust and corrosion. All billboards shall be painted
in PMS Color 279.
(C)
One vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum one hundred
mile-per-hour wind load.
(D)
The entire base of the billboard structure shall be permanently landscaped with suitable shrubbery and/or bushes of
minimum height of six feet placed in such a manner as to screen the foundation of the structure. A landscaping plan shall be submitted for review and approval by the Code Enforcement Officer. Said landscaping shall be maintained by the owner in an attractive and healthy manner in accordance with
accepted conservation practices. Landscaping shall form a base and backdrop to the billboard sign when practical.
(E)
No bare cuts are permitted on a hillside, and all cuts or fills are to be permanently seeded or planted.
(F)
No billboard structure, sign face or display shall emit noise, cause distraction, confusion, nuisance or hazard to
traffic safety, aircraft or other properties.
(G)
No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated
and shall not in any manner obstruct or impede traffic safety, including ingress or egress.
(H)
Billboards may not be mounted on a roof, wall or face or other part of a building or any other structure, including
trees.
(I)
Applicability of International Construction Code (ICC) standards. All
sign standards herein shall exist in full force and effect in conjunction with all sign standards existing in the most recent
edition of the ICC, as amended. Whenever any conflict exists between this chapter
and the ICC Code, the more restrictive provisions shall have precedence.
(J)
Illumination of any and all sign faces shall be shielded to prevent the light source from being seen from any direction.
(K)
No illumination of any sign shall occur between 11:00 pm and 6:00 am.
(L)
Multiple message signs are prohibited.
(M)
Signs which contain, include or are illuminated by any flashing, intermittent, scrolling or moving light or lights
are prohibited.
(N)
All freestanding off premises signs (Billboards) shall be approved by the Township Engineer. Applicants must submit a plan, sealed by a structural engineer, showing the proposed construction.
(O)
All sign structures shall comply with all other applicable Township codes and ordinances.
Section 5. From and after the passage of this Ordinance Section
300-95.3 of the Township Code is added to read as follows:
§300-95.3
Off Premises Signs - Maintenance
(A)
The billboard structure shall be entirely repainted at a minimum every five years.
(B)
Every three years the owner of the billboard shall have a structural inspection made of the billboard by a qualified
Pennsylvania registered structural engineer and shall provide to the Township a certificate from the engineer or architect
certifying that the billboard is structurally sound.
(C)
Annual inspections of the billboard shall be conducted by the Township Code Enforcement Officer to determine compliance,
and billboards found to be in violation of this section shall be brought into compliance within 30 days of notice or ordered
removed upon proper notification by the Township.
(D)
Any abandoned sign must be removed within thirty (30) days after notice. If
the owner fails to remove an abandoned sign within thirty (30) days, the Township may remove the sign at the Owner’s
expense.
Section 6: Severability.
The provisions of this ordinance are severable, and if any section, sentence, clause, part, or provision hereof shall
be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not
affect or impair the remaining sections, sentences, clauses, or parts of this Ordinance.
It is hereby declared to be the intent of the Township Commissioners that this Ordinance would have been adopted if
such illegal, invalid, or unconstitutional sections, sentence, clause, part, or provision had not been included therein.
Section 7:
Repealer.
All resolutions or ordinances, or parts thereof, which are inconsistent herewith, are hereby repealed to the extent
of the inconsistency.
Section 8: Adoption.
This ordinance shall be effective immediately.
ENACTED AND ORDAINED this ______ day of ____________________, 2008.
|
