The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
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 VR, 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; 8-7-2019 by Ord. No. 715]
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.
A.
Home gardening is a permitted accessory use in all
VR, 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; 8-7-2019 by Ord. No. 715]
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.
(4)
Storage of manure or odor- or dust-producing substances
shall not be permitted within 150 feet of a property line, including
agricultural accessory buildings that contain manure or odor- or dust-producing
substances.
[Amended 4-2-2003 by Ord. No. 483; 3-4-2020 by Ord. No. 720]
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.
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.
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.
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.
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,[2] all requirements of the Pennsylvania Department of Environmental
Protection and other applicable federal, state, county or local agency
or authority having enforcement jurisdiction.
[2]
Editor's Note: See 35 P.S. § 691.901
et seq.
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.
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, VR, 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; 8-7-2019 by Ord. No. 715]
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 10 feet
in height along any yard line.
[Added 2-4-2009 by Ord. No. 584; amended 12-2-2015 by Ord. No. 658]
A.
Measurement of height shall be the vertical height
from the average elevation of finished grade at the front of the structure
to:
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]
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 three 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.
[Amended 12-2-2015 by Ord. No. 658]
(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 100 feet of any occupied building located
in any district; or
[Amended 12-2-2015 by Ord. No. 658; 11-7-2018 by Ord. No. 706]
(b)
At any point along the boundary line between
the source property and the receiving property in any district.
[Amended 8-6-2008 by Ord. No. 575; 12-2-2015 by Ord. No. 658]
(2)
(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.
(4)
The Township reserves the right to add specific conditions for those
circumstances involving equipment generating noise as part of a conditional
use or special exception. As part of a conditional use and/or special
exception, and prior to construction, the Township may require the
applicant/operator to establish the ambient or background noise level
baseline. The baseline shall be established hourly over a seventy-two-hour
period with at least one twenty-four-hour reading on a Saturday or
Sunday. A noise consultant/engineer mutually agreed upon by the Township
and owner/operator will be responsible for determining the residual
background noise level baseline. The operator and Township will mutually
agree to the location of the sampling equipment. The operator shall
be responsible for all costs associated with the noise consultant/engineer.
The results shall be provided to the Township.
[Added 12-2-2015 by Ord.
No. 658; amended 11-7-2018 by Ord. No. 706]
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.
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.
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
an undue hardship, then parking to the front of the building line
is permitted by decision of the Township Zoning Officer so long as
the vehicular view of traffic is not obstructed.
[Amended 12-29-2021 by Ord. No. 743; 3-1-2023 by Ord. No. 757]
(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 in all zoning districts other than the MU district
which shall have an opaque fence of at least 10 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.
[Amended 12-2-2015 by Ord. No. 658]
(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.
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]
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]
[Amended 7-7-2021 by Ord. No. 739]
Transient vendors, not including mobile food vendors ( see Chapter 141), 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.
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.
AIRPORT
AIRPORT ELEVATION
APPROACH SURFACE
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES
CONICAL SURFACE
HAZARD TO AIR NAVIGATION
HEIGHT
HORIZONTAL SURFACE
OBSTRUCTION
PRIMARY SURFACE
RUNWAY
TRANSITIONAL SURFACES
UTILITY RUNWAY
VISUAL RUNWAY
Special definitions. The following definitions shall
apply in interpretation and application of airport safety control
provisions:
Rostraver Airport
1,230 feet above mean sea level.
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.
These zones are set forth in § 195-79C.
A surface extending outward and upward from the periphery
of the horizontal distance of 4,000 feet.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
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.
A horizontal plan 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 195-79C.
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.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
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.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
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.
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). All zoning applications
for redevelopment or modification of sites in the Village Residential
District (VR) other than for a residential dwelling or essential services
as permitted by use 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; 8-7-2019 by Ord. No. 715]
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]
[Added 5-7-1997 by Ord. No. 341; amended 9-5-2018 by Ord. No.
705]
A.
General and specific requirements for communications antennas. The
following regulations shall apply to all communications antennas,
except those operated by a federally licensed amateur radio operator:
(1)
Standard of care. All communications antennas shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the Pennsylvania Uniform Construction Code, American National
Standards Institute (ANSI) Code, and National Electrical Code. Communications
antennas shall at all times be kept and maintained in good condition,
order, and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
(2)
Permitted in all zoning districts. Communications antennas are permitted
pursuant to this zoning ordinance in all zoning districts throughout
the Township, so long as they comply with all of the terms and conditions
of this zoning ordinance.
(3)
Historic areas. To the extent permitted by state and federal law,
no communications antenna may be located upon any property, or on
a building or structure, that is listed on either the National or
Pennsylvania Register of Historic Places (either inside or outside
the public rights-of-way), or that is deemed by the Township to be
of specific historical significance.
(4)
Wind. Communications antenna structures shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour in addition
to the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association, and Telecommunications Industry Association (ANSI/TIA-222,
as amended).
(5)
Aviation safety. Communications antennas shall comply with § 195-79 of the Township zoning ordinance and all federal and state laws and regulations concerning aviation safety.
(6)
Public safety communications and other communications services. Communications
antennas shall not interfere with public safety communications or
the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
(7)
Radio frequency emissions. A communications antenna shall not, by
itself or in conjunction with other antennas and/or communications
towers, generate radio frequency emissions in excess of the standards
and regulations of the FCC, including but not limited to, the FCC
Office of Engineering Technology Bulletin 65 entitled "Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended.
(8)
Removal. In the event that use of a communications antenna is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned communications antennas, or portions of communications
antennas, shall be removed as follows:
(a)
All abandoned or unused communications antennas and related
equipment shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the communications antenna or related equipment is not removed
within two months of the cessation of operations at a site, or within
any longer period approved by the Township, the communications antenna
and/or related equipment may be removed by the Township. As security,
the Township reserves the right to the salvage value of any removed
communications antenna and/or related equipment, if such communications
antenna and/or related equipment are not removed by the owner within
the specific time frame enumerated in this chapter.
(9)
Indemnification. Each person that owns or operates a communications
antenna shall, at its sole cost and expense, indemnify, defend and
hold harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the communications antenna. Each person that owns or
operates a communications antenna shall defend any actions or proceedings
against the Township in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a communications
antenna. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
(10)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
The communications antenna shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(11)
Removal, replacement and modification.
(a)
To the extent permitted by law, the removal and replacement
of communications antennas and/or related equipment for the purpose
of upgrading or repairing the communications antenna is permitted,
so long as such repair or upgrade does not substantially change the
overall size of the wireless support structure.
(b)
To the extent permitted by law, any material modification to
a communications antenna shall require notice to be provided to the
Township, and possible supplemental permit approval to the original
permit or authorization.
B.
Regulations for specific applications. The following regulations
shall apply only to communications antennas or other communications
facilities installations that fall under the Pennsylvania Wireless
Broadband Collocation Act[1] and/or the mandatory-approval provisions of the FCC's
October 2014 Report and Order, as amended:
(1)
Permit required. Communications antenna applicants proposing changes
to an existing communications tower, base pad, related equipment,
or communications antenna that do not substantially change the dimensions
of the existing wireless support structure or otherwise fall under
the WBCA or pertinent provisions of the FCC's October 2014 Report
and Order, shall obtain a building permit from the Township. In order
to be considered for such a permit, the applicant must submit a permit
application to the Township in accordance with applicable permit policies
and procedures.
(2)
Timing of approval for applications that fall under the WBCA and/or
FCC's October 2014 Report and Order, as amended. Within 30 calendar
days of the date that an application for a communications antenna
is filed with the Township, the Township shall notify the applicant
in writing of any information that may be required to complete such
application. Within 60 calendar days of receipt of a complete application,
the Township shall make its final decision on whether to approve the
application and shall advise the applicant in writing of such decision.
(3)
Permit fees. The Township may assess appropriate and reasonable permit
fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a communications antenna
or $1,000, whichever is less.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
C.
Additional regulations for communications antennas that do not fall under the WBCA. In addition to the regulations enumerated in § 195-81A, the following regulations shall apply to communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act or the mandatory-approval provisions of the FCC's October 2014 Order and Report, as amended:
(1)
Prohibited on certain structures. Communications antennas shall not
be located on any single-family dwelling or townhome.
(2)
Conditional use approval required. Any applicant proposing the construction
of a new communications antenna, or a material modification to an
existing antenna, shall first obtain a zoning permit and conditional
use authorization from the Township Board of Commissioners. New constructions,
modifications, and replacements that fall under the WBCA, or the applicable
provisions of the FCC's October 2014 Report and Order, shall not be
subject to the conditional use process. The conditional use application,
and accompanying documentation, shall demonstrate that the proposed
facility complies with all applicable provisions in this section of
the Township of Rostraver zoning ordinance.
(3)
Retention of experts. The Township may hire any consultant(s) and/or
expert(s) necessary to assist the Township in reviewing and evaluating
the application for approval of the communications antenna and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of these communications antenna provisions.
The applicant and/or owner of the communications antenna shall reimburse
the Township for all costs of the Township's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
(4)
Permit fees. The Township may assess appropriate and reasonable permit
fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a communications antenna,
as well as inspection, monitoring, and all other related costs.
(5)
Development regulations. Communications antennas shall be co-located
on existing wireless support structures subject to the following conditions:
(a)
The total height of any wireless support structure and mounted
communications antenna shall not exceed 20 feet above the maximum
height permitted in the underlying zoning district.
(b)
In accordance with industry standards, all communications antenna
applicants must submit documentation to the Township justifying the
total height of the communications antenna. Documentation shall be
analyzed in the context of such justification on an individual basis.
(c)
If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. The screening method chosen by the applicant shall comply with the requirements established in § 195-75 of the Township of Rostraver Zoning Code.
(6)
Security fence. A security fence shall surround any separate communications equipment building in compliance with § 195-72 of the Township zoning ordinance.
(7)
Noncommercial usage exemption. Township residents utilizing satellite
dishes and antennas for the purpose of maintaining television, phone,
radio and/or Internet connections at their respective residences,
as well as amateur radio operators, shall be exempt from the regulations
enumerated in this section of the zoning ordinance.
(8)
Design regulations. Communications antennas shall employ stealth
technology or shall be treated to match the wireless support structure
to which they are mounted in order to minimize aesthetic impact. The
application of the stealth technology/color treatment chosen by the
applicant shall be subject to the approval of the Township.
(9)
Inspection. The Township reserves the right to inspect any communications
antenna to ensure compliance with the provisions of the zoning ordinance
and any other provisions found within the Township Code or state or
federal law. The Township and/or its agents shall have the authority
to enter the property upon which a communications antenna is located,
upon reasonable notice to the operator, to ensure such compliance.
(10)
Insurance. Each person that owns or operates a communications
antenna shall provide the Township with a certificate of insurance,
naming the Township as an additional insured, and 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 communications antenna.
D.
Additional regulations applicable to all communications antennas located in the public rights-of-way ("ROW"). In addition to the regulations enumerated in § 195-81A, the following regulations shall apply to communications antennas located in the public rights-of-way:
(1)
Co-location. Communications antennas in the ROW shall be co-located
on existing infrastructure, such as existing utility poles or light
poles. If co-location is not technologically or economically feasible,
the applicant, with the Township's approval, shall locate its communications
antennas on existing poles or freestanding structures in the public
rights-of-way that do not already act as wireless support structures.
(2)
Conditional use approval required. Any applicant proposing the construction
of a new communications antenna shall first obtain conditional use
authorization from the Township Board of Commissioners. New constructions,
modifications, and replacements that fall under the WBCA, or the applicable
provisions of the FCC's October 2014 Report and Order, shall not be
subject to the conditional use process. The conditional use application,
and accompanying documentation, shall demonstrate that the proposed
facility complies with all applicable provisions in the Township of
Rostraver zoning ordinance.
(3)
Design requirements.
(a)
To the extent permitted by state and federal law, communications
antenna installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and utility
poles, shall consist of equipment components that are no more than
six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(b)
Communications antennas and related equipment shall be treated
with stealth technology by the communications antenna owner and/or
applicant to match the wireless support structure upon which they
are mounted, and may be required to be painted, or otherwise coated,
to be visually compatible with the support structure upon which they
are mounted.
(4)
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all communications antennas in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(5)
Equipment location. Communications antennas and related equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
(a)
Ground-mounted related equipment shall be located between the
sidewalk and the curb. For reasons of safety and aesthetics, such
equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
(b)
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Graffiti on any wireless support structures or any related equipment
shall be removed at the sole expense of the owner.
(e)
Any proposed underground vault related to communications antennas
shall be reviewed and is subject to approval by the Township Board
of Commissioners.
(6)
Relocation or removal of facilities. Within two months following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, the owner of a communications antenna in the ROW
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any communications antenna when the
Township, consistent with its police powers and applicable Public
Utility Commission regulations, shall have determined that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the ROW;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
E.
General and specific requirements for all communications towers.
The following regulations shall apply to all communications towers,
excluding any noncommercial tower that is owned and operated by a
federally licensed amateur radio operator.
(1)
Standard of care. All communications towers shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the Pennsylvania
Uniform Construction Code, American National Standards Institute (ANSI)
Code, Electrical Code, as well as the accepted and responsible workmanlike
industry practices of the National Association of Tower Erectors.
At all times, communications towers shall be kept and maintained in
good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(2)
Notice. Upon submission of an application for a communications tower
and the scheduling of the mandatory public hearing before the Township,
the applicant shall mail notice to all owners of every property within
500 feet of the proposed facility. The applicant shall provide proof
of the notification to the Township.
(3)
Conditional use authorization required. Communications towers are
permitted by conditional use in certain zoning districts, at a height
necessary to satisfy their function in the applicant's wireless communications
system. No applicant shall have the right under these regulations
to erect a tower to the maximum height specified in this section unless
it proves the necessity for such height. The applicant shall demonstrate
that the proposed communications tower is the minimum height necessary
for its service area.
(a)
Prior to the Township Board of Commissioners' consideration
of a conditional use application authorizing the construction and
installation of a communications tower, it shall be incumbent upon
the applicant for such conditional use approval to prove to the reasonable
satisfaction of the Township Board of Commissioners that the applicant
cannot adequately extend or infill its communications system by the
use of equipment such as redoes, repeaters, communications antennas,
and other similar equipment installed on existing structures, such
as utility poles or their appurtenances and other available tall structures.
The applicant shall further demonstrate that the proposed communications
tower must be located where it is proposed in order to serve the applicant's
service area and that no other viable alternative location exists.
(b)
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, a description of the type and manufacturer
of the proposed transmission/radio equipment, the frequency range
(megahertz band) assigned to the applicant, the power in watts at
which the applicant transmits, and any relevant related tests conducted
by the applicant in determining the need for the proposed site and
installation.
(c)
The conditional use application shall be accompanied by documentation
demonstrating that the proposed communications tower complies with
all state and federal laws and regulations concerning aviation safety.
(d)
Where the communications tower is located on a property with
another principal use, the applicant shall present documentation to
the Township Board of Commissioners that the owner of the property
has granted an easement for the proposed communications tower and
that vehicular access will be provided to the facility.
(e)
The conditional use application shall be accompanied by documentation
demonstrating that the proposed communications tower complies with
all applicable provisions in this chapter.
(4)
Engineer inspection. Prior to the Township Board of Commissioners'
issuance of a permit authorizing construction and erection of a communications
tower, a structural engineer registered in Pennsylvania shall issue
to the Township a written certification of the proposed communications
tower's ability to meet the structural standards offered by either
the Electronic Industries Association or the Telecommunication Industry
Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the conditional use proceedings before the Township Board of
Commissioners or, at a minimum, be made as a condition attached to
any approval given such that the certification be provided prior to
issuance of any zoning permits.
(5)
Visual appearance. All communications towers and related equipment
shall be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade to blend with
the existing surroundings and neighboring buildings to the greatest
extent possible. The Township Board of Commissioners shall consider
whether its decision upon the subject application will promote the
harmonious and orderly development of the zoning district and/or surrounding
area involved; encourage compatibility with the character and type
of development existing in the area; benefit neighboring properties
by preventing a negative impact on the aesthetic character of the
community; preserve woodlands and trees existing at the site to the
greatest possible extent; and encourage sound engineering and construction
principles, practices and techniques.
(6)
Co-location and siting. An application for a new communications tower
shall first demonstrate that the proposed communications tower cannot
be accommodated on land or structures owned by the Township of Rostraver.
If such accommodation is not possible, the applicant shall demonstrate
that the proposed tower cannot be sited on structures already approved
for the placement of wireless facilities. The Township Board of Commissioners
may deny an application to construct a new communications tower if
the applicant has not made a good faith effort to mount a communications
antenna on an existing structure. The applicant shall demonstrate
that it contacted the owners of tall structures, buildings, and towers
within a one-quarter-mile radius of the site proposed, sought permission
to install a communications antenna on those structures, buildings,
and towers and was denied for one of the following reasons:
(a)
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower and the interference cannot be prevented
at a reasonable cost.
(c)
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(7)
Permit required for modifications. To the extent permissible under
applicable state and federal law, any applicant proposing the modification
of an existing communications tower, which substantially changes the
overall height of such wireless support structure, shall first obtain
a zoning permit from the Township.
(8)
Gap in coverage or capacity. The applicant must demonstrate that
a significant gap in wireless coverage or capacity exists in the applicable
area and that the type of communications tower being proposed is the
least intrusive means by which to fill that gap. The existence or
nonexistence of a gap in wireless coverage or capacity shall be a
factor in the Township Board of Commissioners' decision on an application
for approval of a communications tower.
(9)
Additional communications antennas. The applicant shall provide the
Township with a written commitment that it will allow other service
providers to co-locate communications antennas on communications towers
where technologically and economically feasible. To the extent permissible
under federal and state law, the owner of a communications tower shall
not install any additional communications antennas without obtaining
the prior written approval of the Township.
(10)
Wind. All communications towers shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour in addition
to the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association (ANSI/EIA/TIA-222),
as amended.
(11)
Height. In all zoning districts, the maximum height of any communications
tower located outside the ROW shall be 150 feet. Communications towers
in the ROW shall not exceed a height of 40 feet, unless the applicant
proves to the satisfaction of the Township Board of Commissioners
that it cannot infill its gap in coverage or capacity at such height.
(12)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 250 square feet in area, or up to
five boxes placed on a pad not exceeding 10 feet by 20 feet in area
housing related equipment or a base station, may be located on the
site for each unrelated company sharing space on the communications
tower.
(13)
Public safety communications and other communications services.
No communications tower shall interfere with public safety communications
or the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
(14)
Maintenance. The following maintenance requirements shall apply:
(a)
A communications tower shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the communications tower in order to promote the safety and security
of the Township's residents, and utilize the best available technology
for preventing failures and accidents.
(15)
Radio frequency emissions. A communications tower shall not,
by itself or in conjunction with other communications towers or antennas,
generate radio frequency emissions in excess of the standards and
regulations of the FCC, including but not limited to, the FCC Office
of Engineering Technology Bulletin 65 entitled "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields," as amended.
(16)
Historic buildings or districts. To the extent permitted by
state and federal law, no communications tower may be located upon
any property, or on a building or structure, that is listed on either
the National or Pennsylvania Register of Historic Places (either inside
or outside the public rights-of-way), or that is deemed by the Township
to be of local historic significance.
(17)
Signs. All communications towers shall post a sign in a readily
visible location identifying the name and phone number of a party
to contact in the event of an emergency. The only other signage permitted
on the communications tower shall be those required by the FCC, or
any other federal or state agency.
(18)
Lighting. No communications tower shall be artificially lighted,
except as required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The applicant shall promptly report any outage
or malfunction of FAA-mandated lighting to the appropriate governmental
authorities and the Township Manager.
(19)
Noise. Generators shall be located below grade and suitably soundproofed so that noise volumes measured at all property lines do not exceed levels as outlined in § 195-74 of the Zoning Code of the Township of Rostraver, or by state law.
(20)
Aviation safety. Communications towers shall comply with all
federal and state laws and regulations concerning aviation safety.
(21)
Retention of experts. The Township may hire any consultant and/or
expert necessary to assist the Township in reviewing and evaluating
the application for approval of the communications tower and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of these provisions. The applicant and/or
owner of the communications tower shall reimburse the Township for
all costs of the Township's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
(22)
Timing of approval pursuant to FCC regulations, as amended.
Within 30 calendar days of the date that an application for a communications
tower is filed with the Township, the Township shall notify the applicant
in writing of any information that may be required to complete such
application. All applications for communications towers shall be acted
upon within 150 days of the receipt of a fully completed application
for the approval of such communications tower, and the Township shall
advise the applicant in writing of its decision.
(23)
Nonconforming uses. Nonconforming communications towers which
are hereafter damaged or destroyed due to any reason or cause may
be repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this section.
(24)
Removal. In the event that use of a communications tower is
planned to be discontinued, the owner shall provide written notice
to the Township of its intent to discontinue use and the date when
the use shall be discontinued. Unused or abandoned communications
towers, or portions of communications towers, shall be removed as
follows:
(a)
All unused or abandoned communications towers and related equipment
shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the communications tower and/or related equipment is not
removed within two months of the cessation of operations at a site,
or within any longer period approved by the Township, the communications
tower and related equipment may be removed by the Township and the
cost of removal assessed against the owner of the communications tower.
As security, the Township reserves the right to the salvage value
of any removed communications tower and/or related equipment, if such
communications tower and/or related equipment are not removed by the
owner within the time frames enumerated in this chapter.
(c)
Any unused portions of communications towers, including antennas,
shall be removed within two months of the time of cessation of operations.
The Township must approve all replacements of portions of a communications
tower previously removed.
(25)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a communications tower,
as well as related inspection, monitoring, and related costs.
(26)
FCC license. Each person that owns or operates a communications
tower over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(27)
Insurance. Each person that owns or operates a communications
tower greater than 40 feet in height shall provide the Township with
a certificate of insurance naming the Township as an additional insured,
and evidencing general liability coverage in the minimum amount of
$5,000,000 per occurrence and property damage coverage in the minimum
amount of $5,000,000 per occurrence covering the communications tower.
Each person that owns or operates a communications tower 40 feet or
less in height shall provide the Township with a certificate of insurance
naming the Township as an additional insured, and 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 each communications tower.
(28)
Indemnification. Each person that owns or operates a communications
tower shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the communications tower. Each person that owns or operates
a communications tower shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of the communications tower. The
obligation to indemnify, hold harmless and defend shall include, but
not be limited to, the obligation to pay judgments, injuries, liabilities,
damages, reasonable attorneys' fees, reasonable expert fees, court
costs and all other costs of indemnification.
(29)
Engineer signature. All plans and drawings for a communications
tower shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(30)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a communications tower, the applicant
shall provide to the Township financial security sufficient to guarantee
the construction of the communications tower. Said financial security
shall remain in place until the communications tower is fully constructed.
Should the communications tower be abandoned by the owner and/or operator,
and not removed within two months of such abandonment, the Township
shall have the authority to remove the communications tower and sell
all of its pieces, as well as related equipment, used in the operation
of the communications tower, in order to recover the cost of said
removal.
F.
Additional requirements for communications towers located outside the public rights-of-way. In addition to the regulations enumerated in § 195-81E, the following regulations shall apply to communications towers located outside the public rights-of-way:
(1)
Development regulations.
(b)
Sole use on a lot. A communications tower shall be permitted
as a sole use on a lot, provided that the underlying lot meets the
minimum size specifications set forth in the Township Zoning Code.
(c)
Combined with another use. A communications tower may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[1]
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the communications
tower.
[2]
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable zoning district and shall be the area needed to
accommodate the communications tower and guy wires, the equipment
building, security fence, and buffer planting if the proposed communications
tower is greater than 40 feet in height.
[3]
Minimum setbacks. The minimum distance between the base of a
communications tower and any adjoining property line or street right-of-way
line shall be equal to 100% of the height of the communications tower.
The underlying lot must be large enough to accommodate related equipment
and all other features typically found within the immediate area of
a communications tower.
(2)
Design regulations.
(a)
The communications tower shall employ the most current stealth
technology available in an effort to appropriately blend into the
surrounding environment and minimize aesthetic impact. Application
of the stealth technology chosen by the applicant shall be subject
to the approval of the Township Board of Commissioners.
(b)
To the extent permissible by law, any height extensions to an
existing communications tower shall require prior approval of the
Township.
(c)
Any proposed communications tower shall be designed structurally,
electrically, and in all respects, to accommodate both the applicant's
communications antennas and comparable antennas, for the maximum amount
of future users based on the size of the proposed communications tower.
(d)
Any communications tower over 40 feet in height shall be equipped
with an anti-climbing device, as approved by the manufacturer.
(3)
Surrounding environs.
(a)
The applicant shall ensure that the existing vegetation, trees
and shrubs located within proximity to the communications tower shall
be preserved to the maximum extent possible.
(b)
The applicant shall submit a soil report to the Township Board
of Commissioners complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA-222, as amended, to document and verify the
design specifications of the foundation of the communications tower,
and anchors for guy wires, if used.
(4)
Fence/screen. Any communications tower shall be surrounded by a fence and/or screen in compliance with § 195-72 of the Township zoning ordinance.
(5)
Related equipment.
(a)
Ground-mounted related equipment associated to, or connected
with, a communications tower shall be placed underground or screened
from public view using stealth technologies or plant screening, as
described herein.
(b)
All related equipment shall be architecturally designed to blend
into the environment in which it is situated and shall meet the minimum
setback requirements of the underlying zoning district.
(c)
Upon application for a communications tower, information shall
be provided, detailing the contents of the proposed equipment building
servicing the proposed communications tower. The information shall
include, but not be limited to, the type and quantity of oil, gasoline,
batteries, propane, natural gas or any other fuel stored within the
building. Information shall also be submitted which demonstrates that
any hazardous materials stored on site, including but not limited
to fuel sources, shall be housed to minimize the potential for any
adverse impact on adjacent land uses. Materials safety data sheets
for any hazardous material stored or utilized in the equipment building
shall be submitted to the municipality. The use of fuels and hazardous
materials shall also be consistent with any federal, state or municipal
requirements regarding the same.
(6)
Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to communications
towers. The access road shall be a dust-free, all-weather surface
for its entire length. Maximum use of existing roads, whether public
or private, shall be made to the extent practicable. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the communications tower
owner shall present documentation to the Township that the property
owner has granted an easement for the proposed facility.
(7)
Parking. For each communications tower greater than 40 feet in height,
there shall be two off-street parking spaces.
(8)
Inspection. The Township reserves the right to inspect any communications
tower to ensure compliance with the zoning ordinance and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a communications tower is located at any time,
upon reasonable notice to the operator, to ensure such compliance.
G.
Additional requirements for communications towers located within the public ROW. In addition to the regulations enumerated in § 195-81E, the following regulations shall apply to communications towers located in the public rights-of-way:
(1)
Location and development standards.
(a)
Communications towers in the ROW shall not exceed a height of
40 feet.
(b)
Communications towers shall not be located in the front facade
area of any structure.
(c)
Communications towers shall be permitted along certain roads
by conditional use throughout the Township, regardless of the underlying
zoning district. A listing of such roads is kept on file at the Township
Zoning Office and is adopted via resolution of the Township Board
of Commissioners.
(2)
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all communications towers in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(3)
Equipment location. Communications towers and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
Ground-mounted related equipment shall be located between the
sidewalk and the curb. For reasons of safety and aesthetics, such
equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
(b)
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township Board of Commissioners.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area.
(d)
Any graffiti on the tower or on any related equipment shall
be removed at the sole expense of the owner.
(e)
Any underground vaults related to communications towers shall
be reviewed and approved by the Township Board of Commissioners.
(4)
Design regulations.
(a)
A communications tower shall employ the most current stealth
technology available in an effort to appropriately blend into the
surrounding environment and minimize aesthetic impact. The application
of the stealth technology chosen by the applicant shall be subject
to the approval of the Township Board of Commissioners.
(b)
To the extent permissible under state and federal law, any height
extensions to an existing communications tower shall require prior
approval of the Township Board of Commissioners, and shall not violate
the provisions described herein.
(c)
A communications tower shall be designed structurally, electrically,
and in all respects to accommodate both the applicant's communications
antennas and comparable antennas for the maximum amount of future
users based on the size of the proposed communications tower.
(e)
The base of a communications tower shall not impede pedestrian
walkways or extend into the cartway.
(5)
Relocation or removal of facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a communications tower in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any communications tower when the Township, consistent with its
police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(6)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every communications tower in the ROW is subject
to the Township's right to fix annually a fair and reasonable fee
to be paid for use and occupancy of the ROW. Such compensation for
ROW use shall be directly related to the Township's actual ROW management
costs, including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each communications tower shall pay an annual fee to the Township
to compensate the Township for the Township's costs incurred in connection
with the activities described above.
[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.
[Added 4-7-2004 by Ord. No. 508; amended 9-1-2010 by Ord. No.
606; 8-7-2019 by Ord. No. 715]
All nonresidential exterior light fixtures,
except lighting for residential and agricultural uses in A-1, VR,
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; 2-5-2014 by Ord. No. 643; 8-7-2019 by Ord. No. 715]
|
Zoning District
|
Maximum Height
| |
|---|---|---|
|
A-1 Agricultural, R-1, R-2, R-3 Residential Districts
|
15 feet above finished grade
| |
|
B-1, B-2, I-1, I-2 and I-3 Districts
|
35 feet above finished grade
| |
|
MU and VR Districts
|
20 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.
