Township of Rostraver, PA
Westmoreland County
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§ 195-65 General application.

The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.

§ 195-66 Additional dwellings and structures.

A. 
Residential lots and subdivided parcels shall have no structure, in addition to the principal structure on the same lot, used for dwelling purposes, except as provided in §§ 195-29 and 195-30A of this chapter.
B. 
Where a lot is used for a permitted nonresidential purpose, more than one principal nonresidential structure may be located upon the lot, but only when such structures conform to all land use, lot coverage and yard requirements for the district in which it is located.
C. 
Accessory buildings and structures shall be permitted only when in conjunction with a primary building on any lot, tract or parcel of land in R-1, R-2 and R-3 Districts; and only when in conjunction with a primary building or permitted use activity in A-1, B-1, B-2, MU, I-1, I-2 and I-3 Districts.
[Amended 10-7-1998 by Ord. No. 388; 7-5-2006 by Ord. No. 549; 2-4-2009 by Ord. No. 584]
D. 
No building in the rear or to the side of a main building on the same lot may be used for living purposes in a residential district.
E. 
One additional single dwelling unit to be occupied by a relative, a hired helper or employee may be permitted in an A-1 District on an active working farm, provided that the farm is in excess of 10 acres.
F. 
If a structure is damaged or destroyed by fire, collapse, explosion or act of God, the owner must indicate his intent to repair, rebuild, reconstruct or abandon within 90 days of the occurrence. If the structure is to be abandoned, within 180 days of his indication of intent, the owner must completely raze the structure and backfill all depressions in order to prevent it from becoming a neighborhood nuisance or safety hazard.
G. 
The Zoning Officer may grant a permit for a period not to exceed six months, renewable once, for the temporary placement of a mobile home, travel trailer, pickup coach or motorized home to be used for living or housekeeping purposes under the following circumstances:
(1) 
The mobile home, travel trailer, pickup coach or motorized home is placed on a parcel that contains a single-family dwelling that was rendered uninhabitable by fire, storm, explosion or act of God and the applicant for the permit had been occupying the single-family dwelling as his primary residence at the time of the adversity;
(2) 
The single-family dwelling is in the process of repair or reconstruction at the time the permit is requested or will be under repair or reconstruction within a reasonable period of time thereafter; and
(3) 
The temporary living unit is equipped with adequate provisions for sanitation and is properly anchored to withstand normal weather conditions.

§ 195-67 Agriculture and husbandry.

A. 
Home gardening is a permitted accessory use in all R-1, R-2 and R-3 Districts. Temporary roadside stands for the seasonal sale of locally grown agricultural products are permitted but must be set back at least 15 feet from the cartway. All stands must be removed when not in use. At least three off-street parking spaces must be provided in addition to those required under regulations for residential parking. (See § 195-62A.)
[Amended 8-6-2008 by Ord. No. 575]
B. 
Agricultural uses shall comply with the following requirements:
(1) 
The movement and keeping of livestock and/or poultry shall be limited by a fence or other method of enclosure.
[Amended 4-2-2003 by Ord. No. 483]
(2) 
The operations shall be managed and operated solely by the individuals residing on the premises.
(3) 
No agricultural accessory building shall be located within 150 feet of a property line.
[Amended 4-2-2003 by Ord. No. 483]
(4) 
Storage of manure or odor- or dust-producing substances shall not be permitted within 150 feet of a property line.
[Amended 4-2-2003 by Ord. No. 483]
C. 
Roadside stands for the sale of produce and related farm products produced on-site in A-1 Districts shall conform to the following minimum standards:
(1) 
Structures shall be a minimum distance of 20 feet from the highway right-of-way line.
(2) 
A minimum of five off-street parking spaces must be provided in addition to those required under regulations for primary site uses.
(3) 
All parking spaces shall be a minimum of 10 feet from the highway cartway.
(4) 
Structures shall not exceed 10 feet in height and shall not exceed 300 square feet in area.

§ 195-68 Area and yard requirements.

A. 
Notwithstanding the limitations imposed by any other provisions of this chapter, the Zoning Hearing Board may permit erection of a dwelling on any lot (in a district where permitted by this chapter) separately owned or under contract of sale and containing at the time of the passage of this chapter an area or width smaller than that required for a single-family dwelling.
B. 
No lot area, though it may consist of one or more adjacent lots of record, shall be reduced in area so that the yard lot area per family, lot width, building area or other requirements of this chapter are not maintained, public utilities companies excepted.
C. 
Side and rear yard. All structures, whether attached to the principal structure or not, including porches, garages, carports, balconies, platforms and/or accessory structures above normal grade level, shall not project into any minimum side or rear yard as established by the principal structure.
[Amended 4-7-2004 by Ord. No. 508]
D. 
Front yard.
(1) 
All structures, whether attached to the principal structure or not, including porches, garages, carports, balconies, platforms and/or accessory structures above normal grade level, shall not project into any minimum front yard as established by the principal structure.[1]
[Amended 4-7-2004 by Ord. No. 508]
[1]:
Editor's Note: Former Subsection 3b, Addition of a porch, roof extension or platform, which immediately followed this subsection, was repealed 10-7-1998 by Ord. No. 392.
(2) 
Video satellite dish installations shall be established to the rear of the front building line, and no portion of the unit or its mounting shall be situated within any required minimum side or rear lot. No portion of the unit or its mounting shall be attached in any manner to another structure or building.
(3) 
Lots having frontage on more than one street shall provide the required building setback on every street.

§ 195-69 Driveway regulations.

A. 
Driveways shall be designed in such a manner that would prevent the driveway material and associated stormwater from entering onto a public road.
B. 
Driveways for commercial and industrial uses shall have a minimum width of 20 feet unless specified otherwise by applicable regulations.
C. 
Access drives to and from off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits.

§ 195-70 Environmental protection.

A. 
No earthmoving, excavation or filling that has a potential of creating adverse environmental circumstances, such as erosion, slip-slide areas, subsidence, watercourse changes, air or water pollution or similar conditions, shall be undertaken until a zoning permit has been issued by the Zoning Officer.
[Amended 9-7-2005 by Ord. No. 531]
B. 
The applicant for a permit to proceed with earthmoving, excavation or filling shall obtain all permits and authorizations required by local and any other county, state and federal governmental agencies having jurisdiction over such matters prior to approval of a zoning permit by local authorities.
[Amended 9-7-2005 by Ord. No. 531]
C. 
Normal agricultural activities, commonly and routinely engaged in by farm and residential residents in the municipality, shall not be considered excavations and shall not require permits.
D. 
The grading of any earth in excess of 5,000 square feet by cut or fill shall comply with to the following standards:
[Amended 9-3-1997 by Ord. No. 360; 9-7-2005 by Ord. No. 531; 3-1-2006 by Ord. No. 542]
(1) 
Any toe of slope for a cut or fill with a height of greater than six feet shall be located a minimum of 15 feet from the property line.
(2) 
All cut/fill slopes shall be benched at the minimum requirements listed below in Table No. 1.
TABLE No. 1
Type of Cut/Fill Maximum Height Between Benches (feet) Minimum Width of Benches (feet)
Earth 15 10
Fill 15 10
Major cuts in shale 15 10
Major cuts in sandstone 30 15
Major cuts in limestone 35 15
(3) 
The grading of any earth by cut or fill shall not exceed a slope of 3:1.
(a) 
Should a slope in excess 3:1 and greater than six feet in height be necessary, the property owner shall prepare and file a soils report with all boring logs prepared by a registered professional engineer certifying to the slope's stability or, in the alternative, a retaining structure with a minimum of a four-foot chain link fence shall be designed and certified by a registered professional engineer in the Commonwealth of Pennsylvania.
(b) 
Any cut or fill greater than six feet in height and in excess of a 3:1 slope shall have a minimum four-foot chain link fence erected at the top of the slope through its entire length.
E. 
All lands steeper than 10 to 1 slope, from which structures or natural cover have been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
F. 
No cutting, filling or other disturbing of land and natural vegetation is permissible within 50 feet of the center line of natural drainagecourses except as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission, provided that special precautions are taken to ensure against continuing erosion or other circumstances which may be harmful to the immediate watercourse or in any way pollute the stream. All such action shall be in accordance with PADEP rules and regulations.
G. 
All earthmoving activity shall comply with the erosion and sedimentation control amendment to the Pennsylvania Clean Streams Law of 1937, P.L. 1987 and P.L. 177,[1] all requirements of the Pennsylvania Department of Environmental Protection and other applicable federal, state, county or local agency or authority having enforcement jurisdiction.
[1]:
Editor's Note: See 35 P.S. § 691.901 et seq.

§ 195-71 Essential services.

Essential services, as defined in this chapter, shall be permitted in all zoning districts, subject to restrictions on design, yard area, setback and height as specified in this chapter.

§ 195-72 Fences and hedges.

A. 
The location, nature, type of materials and height of walls, hedges and fences shall be such that they will not hinder the appropriate development and use of adjacent land and buildings or impair the value thereof. No fence or wall shall extend within the right-of-way of any street. No fence, wall, hedge or shrubbery shall be placed or be allowed to grow in such a manner as to impede vision at intersecting streets or from driveways on the owner's lot or on an adjacent lot. The height of such objects is restricted to three feet within a triangular area formed by the center lines of intersecting streets and a line joining points on the street lines and equidistant from the point of intersection. This distance shall be 75 feet from the corner.
B. 
In the following zoning districts, R-1, R-2, R-3 and A-1, no fence shall exceed 6 1/2 feet in height along any rear yard or side yard and four feet in height along any front yard between the street right-of-way and the building line.
[Amended 8-6-2008 by Ord. No. 575]
C. 
In B-1 and B-2 Zoning Districts, no fence shall exceed 6 1/2 feet in height along any yard line when said lot is used in a commercial nature.
[Amended 8-5-1998 by Ord. No. 386]
D. 
In the Industrial I-1, I-2 and I-3 Zoning Districts, no fence shall exceed 10 feet in height along any yard line when said lot is used in an industrial nature.
[Amended 10-7-1998 by Ord. No. 388]
E. 
In the MU Mixed Use Zoning District, no fence shall exceed 6 1/2 feet in height along any yard line.
[Added 2-4-2009 by Ord. No. 584]

§ 195-73 Height regulations.

A. 
Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:
(1) 
In case of flat-roof structures: the highest point of coping.
(2) 
In case of mansard-roof structures: the deckline of roof.
(3) 
In case of gable or hipped roof: the average height of roof.
B. 
A habitable attic shall be counted as a story.
C. 
The height limitations of this chapter shall not apply to flagpoles, church spires, belfries, domes or similar projections not used for human occupancy, nor to chimneys, ventilations, skylights, water tanks, public utility facilities, bulkheads, silos and other necessary mechanical and operational apparatus usually carried above the roof level.
[Amended 5-7-1997 by Ord. No. 341]
D. 
The only height limitations of this chapter which shall apply to commercial antennas and communications towers are those set forth in §§ 195-14M and 195-81.
[Added 5-7-1997 by Ord. No. 341]

§ 195-74 Performance standards.

A. 
All land use activities shall comply with the requirements of this section. The Township may require evaluation by a qualified consultant whose cost for services shall be borne by the applicant, in cases where issues develop over the need for or the adequacy of compliance.
B. 
Fire prevention. Fire prevention and fire control equipment acceptable to standards of the Board of Fire Underwriters or other appropriate regulatory agency shall be readily available where any activity involves the handling of flammable or explosive materials.
C. 
Steady-state noise emanated from stationary equipment. Steady-state noise emanating from stationary equipment or sources, which will persist during indefinite or periodic intervals of time over a period of more than seven consecutive days onto adjacent real properties or to a receiving property within any district within the Township, shall not exceed the maximum noise levels prescribed in this section.
(1) 
No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2) of this section when measured at the following locations:
(a) 
Within 25 feet of any receiving building located in any district; or
(b) 
At any point along the boundary line between the source property and the receiving property in the R-1, R-2 and R-3 Districts.
[Amended 8-6-2008 by Ord. No. 575]
(2) 
Maximum permissible noise levels are:
(a) 
Daytime (7:00 a.m. to 10:00 p.m.): 75 dBA.
(b) 
Nighttime (10:00 p.m. to 7:00 a.m.): 70 dBA.
(3) 
Sound measurements made to determine compliance with the conditions and standards of this section shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971.
D. 
Odor. No malodorous gas or matter that is discernible on any adjoining lot or property shall be permitted except for normal farm operations carried on in the A-1 District.
E. 
Air pollution. No pollution of air by flyash, dust, smoke, vapors or any substance that is harmful to health, animals, vegetation or other property shall be permitted.
F. 
Erosion. No erosion by wind or water that will carry objectionable substances onto neighboring properties shall be permitted.
G. 
Water pollution. Water pollution in violation of any standards established by the Pennsylvania Department of Environmental Protection shall not be permitted.

§ 195-75 Storage and screening.

A. 
No lot or premises may be used as a storage area or dump for garbage, junk automobiles, appliances or storage or collection of any other miscellaneous items except as provided for in appropriate articles of this chapter or other applicable Township statutes.
B. 
No vehicle or motorized equipment that is disabled, from which the wheels or engine have been removed, is not in operating condition or does not have a current motor vehicle license and inspection sticker attached shall be placed, parked or stored for a period exceeding 30 days in any district, nor shall any owner or occupant of the property in any district permit said property to be used for the parking or storage of such vehicles or equipment. The foregoing shall not prohibit the rental of space in a private or public garage or permitted public parking lot, repairs in a permitted garage in a commercial or industrial district or storage of vehicles in a junkyard. This regulation is not meant to apply to operable antique motor vehicles, farm tractors, racers and other vehicles not requiring state inspection.
C. 
Any material stored outside an enclosed structure being used for commercial or industrial purposes, as an incidental part of the primary operation, shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining properties not owned by the user. Materials shall not be deemed to include operable vehicles.
D. 
The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The governing body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
E. 
Landscaping in commercial and industrial districts adjacent to public rights-of-way shall meet the following requirements:
(1) 
Any part or portion of a site that is being occupied and that is not used for buildings, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan. A replacement program for nonsurviving plants shall be included.
(2) 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection E(2), regarding single parking areas with 25 or more spaces, was repealed 6-2-2010 by Ord. No. 601.
F. 
Mobile recreational vehicles, such as travel trailers, pickup coaches, motorized homes and boat trailers, may be parked or stored in A-1, R-1, R-2 and R-3 Districts subject to the following requirements:
[Amended 8-6-2008 by Ord. No. 575]
(1) 
At no time shall such parked or stored camping and recreation equipment (authorized mobile homes excepted) be used for residential purposes.
(2) 
Parking and storing of camping and recreational equipment shall be limited to the interior of automobile garages, other available on-lot accessory buildings or to that portion of the lot to the rear of the principal building line.
(3) 
If topographic conditions are such that compliance with the parking or storage requirement of this regulation would cause inconvenience or undue hardship, then parking to the front of the building line is permitted as a variance by the Zoning Hearing Board so long as the vehicular view of traffic is not obstructed.
(4) 
Owner of camping and recreational equipment shall reside on the same lot.
[Added 6-1-2011 by Ord. No. 617]
G. 
Screen planting. The following screen plantings shall be employed where required by conditional use, special exception or any supplementary regulation of the Township Zoning Ordinance, or may be required as a reasonable additional condition and safeguard pursuant to the Pennsylvania Municipalities Planning Code.[2]
[Added 6-2-2010 by Ord. No. 601]
(1) 
Type I Screening: to consist of double or triple rows of dense habit pyramidal-type conifer trees planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet in height at the time of planting in the case of a double row, and four feet in the case of a triple row. Trees which die shall be replaced within six months. Spacing shall be 10 feet to 12 feet. As an alternative to the conifer tree rows, the developer shall maintain a fifty-foot-wide buffer area of natural vegetation sufficient for complete screening. In permitting this option, the developer may be required to submit photographic or planimetric evidence of the plant density and plant or tree types. Such natural buffer shall be in addition to any required side or rear yard requirements.
(2) 
Type II: A Type II screen shall consist of an opaque fence at least 6.5 feet in height and installed at the required rear or side yard setback lines. On the outside perimeter of the fence, a planting strip equal to the width of the required yard area shall be installed. The developer shall plant at least 10 coniferous or four deciduous trees per 100 lineal feet of perimeter area. Coniferous trees shall be a minimum of six feet tall and deciduous trees shall be a minimum of two-inch caliper at planting.
(3) 
Alternate screening plans: The Township may consider alternative forms of screening submitted as a part of any application, provided such plans are prepared by a registered landscape architect and can be shown to meet the purposes of complete and opaque screening, preservation of rural or scenic neighborhood character and facilitation of natural stormwater management. Such alternate landscaping plans shall be reviewed by the planning agency for recommendation prior to consideration by the Township Commissioners or Zoning Hearing Board.
(4) 
All screen plantings shall be replaced within six months of death to maintain a continuous dense screen.
[2]:
Editor's Note: See 53 P.S. § 10101 et seq.

§ 195-76 Single-unit mobile home installation.

Individual mobile homes, not a part of a mobile home park, that are installed where permitted on private land as single-family residential dwellings shall comply with all regulations for conventional dwelling houses with respect to size, setback and side lines of the district in which it will be sited and shall meet the following additional requirements:
A. 
The mobile home shall be installed to conform with all front yard, side yard and rear yard setback lines applicable to housing in the district.
B. 
The mobile home shall be installed upon and securely fastened to a frost-free foundation, basement or footer.
C. 
An enclosure of compatible design and material shall be erected around the entire base of any mobile home not mounted on an enclosed foundation or basement. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
D. 
The mobile home shall be connected to both public water and sewer systems, if available. If not, the owner shall provide a potable water supply and shall provide a septic system which meets all standards of the Pennsylvania Department of Environmental Protection.
E. 
Any garage, utility shed or other accessory building constructed on the tract shall conform with the standards applicable to such structures for the applicable zoning district. All accessory structures shall be designed and constructed of materials that are aesthetically compatible with the principal unit.
F. 
Any single on-lot mobile home shall meet the specifications for manufacture of mobile homes as set forth in United States Standards Institute, Standards for Mobile Homes, USA Standard A 119.1-1969, NFPA No. 501B-1968, and any subsequent modification or amendment of such standards. Applicable state standards shall also be met. No room or floor area addition shall be made to the primary mobile home unit except for additions that are aesthetically compatible with the unit.
[Amended 1-7-1998 by Ord. No. 388]

§ 195-77 Subsidiary regulations.

A. 
Floodplain zoning regulations. All development within flood-prone areas of Rostraver Township shall conform to applicable requirements of the Zoning Ordinance of the Township of Rostraver and the applicable requirements of Rostraver Township Ordinance No. 355, adopted July 3, 1997.[1]
[Amended 10-7-1998 by Ord. No. 388]
[1]:
Editor's Note: See Ch. 97, Floodplain Management.

§ 195-78 Transient vendors.

Transient vendors, when authorized under applicable state and Township regulations and by affected property owners, may be permitted to sell products subject to the following:
A. 
Activities shall be restricted to B-2, I-1, I-2 and I-3 Districts.
[Amended 10-7-1998 by Ord. No. 388]
B. 
Temporary structures, signs and vehicles used for the sales activity shall be situated a minimum distance of 20 feet from the highway cartway. Said structures, signs and vehicles shall be removed during periods when sales operations are not in progress.
C. 
Minimum clear sight lines of 500 feet along the highway approaches to the sales site shall be maintained from both directions.
D. 
Off-street parking shall be available at a minimum distance of 20 feet from the highway cartway.
E. 
A minimum of five off-street parking spaces shall be provided.
F. 
Signs relating to the sale of products shall be limited to a total of four. Individual signs shall not exceed 10 square feet in area.
G. 
Signs shall not be placed within 20 feet of the highway cartway and shall be within 500 feet of the sales site.

§ 195-79 Airport zoning provisions.

A. 
Statement of purpose.
(1) 
This section of the Rostraver Township Zoning Ordinance regulates and restricts the height of structures and objects of natural growth, the density of residential development and otherwise regulates the use of property in the vicinity of the Rostraver Airport by creating appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; and referring to the maps that are incorporated in and made a part of this chapter.
(2) 
Obstructions and high densities of residential use have the potential for endangering the lives and property of users of the Rostraver Airport and property or occupants of land in its vicinity; obstructions may affect existing and future instrument approach minimums of the airport; and obstructions may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft thus tending to destroy or impair the utility of the Rostraver Airport and the investment therein. Accordingly, it is declared that:
(a) 
The creation or establishment of obstructions have the potential for being public nuisances and injuring the region served by the Rostraver Airport;
(b) 
The development of and potential for concentrated areas of housing in the immediate vicinity of the Rostraver Airport poses potential threats to the safety of inhabitants.
(c) 
It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions and population concentrations that are a hazard to air navigation or human life be prevented; and
(d) 
The prevention of these obstructions and population concentrations should be accomplished to the extent legally possible, by the exercise of the police power, without compensation.
B. 
Special definitions. The following definitions shall apply in interpretation and application of airport safety control provisions:
AIRPORT
Rostraver Airport
AIRPORT ELEVATION
1,230 feet above mean sea level.
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 195-79C. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES
These zones are set forth in § 195-79C.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal distance of 4,000 feet.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT
For the purpose of determining the height limits in all zones set forth in this section and shown on the maps incorporated herein, the datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
A horizontal plan 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 195-79C.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 195-79C. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
TRANSITIONAL SURFACES
These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal surface.
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
C. 
Establishment of airport control zones. In order to carry out the provisions of this chapter, there are hereby created and established certain zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Rostraver Airport. These airport zones are shown as an overlay on the Official Zoning Map kept on file by officials of the Township of Rostraver, Westmoreland County, Pennsylvania, which is made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1) 
Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(2) 
Transitional zones: slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation which is 1,230 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface.
(3) 
Horizontal zone: established at 150 feet above the airport elevation or at a height of 1,380 feet above mean sea level.
(4) 
Conical zone: slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation; here: 1,580 feet.
(5) 
Excepted height limitations. Nothing in this section or chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 50 feet above the surface of the land.
D. 
Use restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any airport zone established by this section which creates electrical interference with navigational signals or radio communication between the airport and aircraft; makes it difficult for pilots to distinguish between airport lights and others; results in glare in the eyes of pilots using the airport; impairs visibility in the vicinity of the airport; creates bird strike hazards; or otherwise in any way endangers or interferes with the landing, takeoff or maneuvering of aircraft intending to use the airport.
E. 
Nonconformance.
(1) 
The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section and is diligently prosecuted.
(2) 
Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by municipal, state or federal airport officials to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the official body responsible for their placement.
F. 
Future uses.
(1) 
Except as specifically provided hereunder, no material change shall be made in the use of land and no structure shall be erected or otherwise established in any zone hereby created unless a zoning permit therefor shall have been applied for and granted consistent with the requirements of § 195-79. Each application for a zoning permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use or structure would conform to the regulations herein prescribed. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 195-97C.
(a) 
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour or topographic features, such structure would extend above the height limits prescribed for such zones.
(b) 
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any structure less than 75 feet of vertical height above the ground, except when such structure would extend above the height limit prescribed for such approach zones.
(c) 
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure in excess of any of the height limits established by this chapter.
(2) 
Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
(3) 
Requests for variances. Any request for a variance in accordance with § 195-97C of this chapter shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal of the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for a variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the appropriate Rostraver Airport official or owners for advice as to the aeronautical effects of the requested variance. If the appropriate Rostraver Airport official does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.
(4) 
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary.

§ 195-80 Design review requirement.

A. 
All zoning applications for development or modification of sites in business (B1, B-2 and MU) or industrial (I-1, I-2 and I-3) Districts shall be submitted to the Rostraver Township Planning Agency for design review prior to approval by the Zoning Officer (uses by right), Township Board of Commissioners (conditional uses) or the Zoning Hearing Board (special exceptions).
[Amended 8-5-1998 by Ord. No. 386; 10-7-1998 by Ord. No. 388; 8-7-2002 by Ord. No. 468; 5-4-2005 by Ord. No. 528; 2-4-2009 by Ord. No. 584]
B. 
Zoning applications shall include data and drawings in sufficient detail for evaluation and review of:
(1) 
Site location and physical characteristics.
(2) 
Building locations: on-site and adjacent thereto.
(3) 
Structure design and related amenities.
(4) 
Accessory uses: storage, structures, parking, etc.
(5) 
Site access and adjacent traffic considerations.
(6) 
On-site circulation.
(7) 
Landscaping plan.
(8) 
Drainage, utility and other support requirements.
(9) 
Initial and projected use potential.
(10) 
Any additional data deemed appropriate and necessary by the Planning Agency to evaluate the proposed development.
[Amended 8-7-2002 by Ord. No. 468]
(11) 
Stormwater management plan which complies with Chapter 164 of the Code of the Township of Rostraver.
[Added 7-2-2003 by Ord. No. 495]
(12) 
Outdoor lighting plan.
[Added 4-7-2004 by Ord. No. 508]

§ 195-81 Regulations governing communications antennas and communications equipment buildings.

[Added 5-7-1997 by Ord. No. 341]
A. 
Building mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
B. 
Building mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
C. 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
D. 
Directional or panel communications antennas shall not exceed five feet in height and two feet in width.
E. 
Satellite and microwave dish communications antennas mounted on the roof of a building or on a communications tower shall not exceed two feet in diameter.
F. 
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered structural engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
G. 
Any applicant proposing a communications antenna mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township for compliance with the Zoning Ordinance and other applicable law.
H. 
Any applicant proposing a communications antenna mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
I. 
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
J. 
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township.
K. 
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
L. 
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.

§ 195-81.1 Recreation facilities regulations.

[Added 7-3-2002 by Ord. No. 462]
A. 
In cases where fencing is deemed necessary for purposes of safety, security or design, the installation, material and design of fencing shall be subject to the recommendations of the Planning Agency.
[Amended 8-7-2002 by Ord. No. 468]
B. 
Loudspeakers and similar sound devices for entertainment shall be prohibited if the sound carries to adjacent parcels for dwelling, public assembly, education or institutional purposes.
C. 
All lighting shall be designed and utilized in compliance with § 195-81.2.
[Amended 4-7-2004 by Ord. No. 508]
D. 
All parking and sign requirements of this chapter (Articles XVI and XVII) shall apply.

§ 195-81.2 Outdoor lighting.

[Added 4-7-2004 by Ord. No. 508; amended 9-1-2010 by Ord. No. 606]
All nonresidential exterior light fixtures, except lighting for residential and agricultural uses in A-1, R-1, R-2 and R-3 streetlighting and associated traffic safety devices provided by a public utility or governmental entity within a public right-of-way, shall comply with the following standards:
A. 
Outdoor luminaire design.
(1) 
For lighting horizontal tasks such as private drives, sidewalks, entrances and parking areas, full cutoff luminaries shall be used.
(2) 
Luminaries shall be equipped with light directing and/or shielding devices such as shields, visors, skirts or hoods to redirect offending light distribution and/or reduce direct or reflected glare.
(3) 
Light fixture height, including mounting base, shall not exceed the following:
[Amended 9-1-2010 by Ord. No. 606]
Zoning District Maximum Height
A-1 Agricultural, R-1, R-2, R-3 Residential Districts 15 feet above finished grade
B-1, B-2, MU, I-1, I-2 and I-3 Districts 35 feet above finished grade
B. 
Glare control.
(1) 
Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences or similar methods be considered acceptable for reducing glare.
(2) 
Neither the direct nor reflected light from any exterior lighting fixture shall create a disabling glare that would be a potential traffic hazard for motor vehicles on public roads.
(3) 
No exterior lighting fixture shall have any blinking, flashing or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color. Deliberately induced sky-reflected glare, caused by the use of searchlights, beacon light or laser source lights for advertising or entertainment purposes, is prohibited.
(4) 
The Zoning Officer may require that lighting be controlled by automatic timing devices to extinguish light sources during specific periods to mitigate the adverse consequences of light pollution when such action is necessary to protect adjacent properties and uses.