The A-1 Agricultural District is established
to preserve productive agricultural land resources and to provide
sites for low-density residential development that will be compatible
with natural features, agricultural pursuits and the perpetuating
of the low-density use characteristics of the district. Uses in this
district include:
A.
Use permitted by right.
(1)
Agriculture (commercial and noncommercial).
(2)
Greenhouse (noncommercial).
(3)
Riding stable.
(4)
Single-family detached dwelling.
(5)
Specialized animal raising and care.
(6)
Accessory uses.
(7)
Essential services.
(8)
Ambulance substation.
[Added 9-2-1998 by Ord. No. 387]
(9)
(10)
School bus shelter.
[Added 7-7-2021 by Ord. No. 739]
(11)
Municipal or neighborhood recreation.
[Added 7-3-2002 by Ord. No. 462]
(12)
No-impact home-based business. (See definition.)
A zoning permit/certificate is required for a no-impact home-based
business, i.e., computer programming, data processing, typing and
word processing service, Internet companies, Web designers, and telephone
answering services and solicitation work.
[Added 2-5-2003 by Ord. No. 482]
(13)
Home occupation.
[Added 7-7-2021 by Ord. No. 739]
(14)
Conversion apartment.
[Added 7-7-2021 by Ord. No. 739]
B.
Conditional use.
(1)
Day-care/family.
(2)
Funeral home.
(3)
Hospital, sanitarium or care facility.
(4)
Ambulance station.
[Added 9-2-1998 by Ord. No. 387]
(5)
Agritourism.
[Added 2-15-2017 by Ord.
No. 682]
(6)
Garden center/commercial greenhouse.
[Added 2-15-2017 by Ord.
No. 682]
(8)
Shipping
containers.
[Added 3-4-2020 by Ord. No. 720]
(9)
Principal
solar energy systems.
[Added 5-6-2020 by Ord. No. 728]
C.
Special exception.
(1)
Cemetery, mausoleum.
(3)
(Reserved)
(4)
(Reserved)
(6)
Group residential facility.
(7)
Mine ventilation shaft.
(8)
Mobile home park.
(9)
Motel.
(11)
Strip mining.
(12)
Veterinary clinic.
(14)
(Reserved)
(15)
Blasting.
[Added 4-2-2003 by Ord. No. 483]
(16)
Church.
[Added 4-2-2003 by Ord. No. 483]
(18)
Commercial outdoor recreation.
[Added 4-7-2004 by Ord. No. 508]
(19)
Model home.
[Added 5-4-2005 by Ord. No. 528]
(20)
Oil and gas drill site.
[Added 6-1-2011 by Ord. No. 617]
(21)
Short-term rental, tourist home.
[Added 7-7-2021 by Ord. No. 739]
D.
Accessory use examples (not limited to the following):
(1)
Agricultural structure, incidental to agriculture
use.
(2)
Garden shed/shelter.
(3)
Home gardening.
(4)
Private garage.
(5)
Private swimming pool.
(6)
Roadside stands.
(7)
Other uses customary to principal use.
(8)
Chicken coop and chicken run/pen.
[Added 1-20-2016 by Ord.
No. 667]
(9)
Accessory solar energy systems.
[Added 5-6-2020 by Ord. No. 728]
The following conditional uses may be authorized
by the Township Commissioners pursuant to the standards and criteria
specified herewith:
A.
Day-care/family.
(1)
All activities shall be conducted in a private detached
single-family residence.
(2)
Activities shall be limited to functions normally
associated with the part-time tending of children on a for-hire or
fee basis and shall not include overnight lodging.
(3)
Activities shall be conducted within a home atmosphere
that is void of any special facilities or appurtenances other than
secure play areas and/or apparatus that are deemed to be normal single-family
accessory uses within the immediate neighborhood.
(4)
Safe off-street pickup and dropoff areas shall be
provided at the site.
(5)
Outdoor play areas shall be fenced to control access
to adjacent properties and vehicular ways.
(6)
No more than six children shall be provided day-care
services at any given time.
(7)
The Chief or designated agent of the Township Fire
Department shall inspect the premises to evaluate emergency access,
fire hazards, evacuation provisions, structure layout, fire alarm
devices and emergency fire-fighting provisions. No occupancy permit
shall be issued prior to a satisfactory report and approval of such
authority.
(8)
All licenses and certifications required by state
and/or county agencies shall be obtained as conditions precedent to
granting of an occupancy permit.
(9)
Nothing in these provisions shall apply to non-hire
child care and child tending activities within the context of normal
family and acquaintance situations.
(10)
Day-care facilities may be established in existing
public buildings such as churches and schools for more than six children,
provided that they meet all requirements of the Pennsylvania Departments
of Public Welfare and Labor and Industry for "centers." All approvals,
permits and licenses shall be obtained prior to granting of local
approvals.
B.
Funeral home.
(1)
Parking and cortege formation in conjunction with
funeral home operations shall be accommodated in off-street facilities.
(2)
Ingress and egress of traffic shall be coordinated
with local traffic movements and volumes in a manner that will preclude
safety hazards.
(3)
Advertisement and location signing shall be limited
to one sign not exceeding 12 square feet in area.
C.
Hospitals. Hospitals shall be developed pursuant to
the following standards:
(1)
The hospital site shall be a minimum of three contiguous
acres.
(2)
All structures shall be a minimum distance of 150
feet from property boundaries.
(3)
All facilities shall be served by a municipal water
supply.
(4)
All facilities shall be served by a municipal sanitary
sewerage system or a private sewage treatment facility approved by
the Pennsylvania Department of Environmental Protection (PADEP).
(5)
All development shall be based on a site plan subject
to the review of the Township Planning Agency and approval of the
Township Board of Commissioners. The site plan shall:
[Amended 8-7-2002 by Ord. No. 468]
(6)
All required county, state and federal requirements,
permits and licenses shall be obtained prior to granting of local
approvals.
D.
Ambulance station.
[Added 9-2-1998 by Ord. No. 387]
(1)
The site shall be no more than one mile by public
road from an entrance to a major highway.
(2)
The site shall be served by a municipal water supply
and sanitary sewage system.
(3)
All required county, state and federal requirements,
permits and licenses shall be obtained prior to granting of conditional
approval.
E.
Agritourism. The intent of this conditional use is to allow for the
integrated approval of limited commercial activities as part of the
agricultural operation.
[Added 2-15-2017 by Ord.
No. 682]
(1)
Minimum lot area shall be five contiguous acres.
(2)
The total area proposed for all agritourism uses shall not exceed
50% of the total buildings for inside operations and 30% of the total
acreage for outdoor operations:
(a)
Storage, retail or wholesale marketing or processing of agricultural
products into a value-added agricultural product is a permitted use
in a farming operation.
(b)
Direct marketing of produce in a farm market.
(c)
Cider mills and limited wineries, as defined and regulated by
the Pennsylvania Liquor Control Board, in a tasting room.
(d)
Seasonal U-pick fruits and vegetables operations.
(e)
Seasonal outdoor mazes of agricultural origin such as straw
bales or corn.
(f)
Food sales and processing.
(h)
Playgrounds or equipment typical of a school playground, such
as slides or swings, excluding motorized vehicles or rides.
(i)
Petting farms, animal displays and pony rides subject to the standards and criteria of Article XVIII, § 195-67, with the exception of § 195-67B(2).
(j)
Wagon rides, sleigh and hayrides.
(k)
Nature trails.
(l)
Open-air or covered picnic area with restrooms.
(m)
Educational classes, lectures, seminars.
(n)
Historical agricultural exhibits.
(o)
Kitchen facilities.
(p)
Gift shops for the sale of agricultural products and agriculturally
related products.
(q)
Overnight accommodations.
(r)
Banquet and event facility.
(s)
Small-scale entertainment, including, but not limited to, car
shows, art fairs or musical entertainment.
(t)
Family-oriented animated barns, including, but not limited to,
fun houses or haunted houses.
(3)
Parking: agritourism.
(b)
Parking may be either gravel or paved as determined by the Board
of Commissioners, based on applicant estimates for seasonal parking
and the intensity of the use. Overflow parking areas may be required
by the Board of Commissioners to accommodate seasonal peak demand.
Overflow parking facilities may be located on the grass.
(4)
Signs for agritourism operations shall follow the requirements set forth in this chapter, Article XVI, § 195-54A(1)(b).
(5)
All agritourism operations shall be served by a municipal water supply.
(6)
All agritourism operations shall be served by a municipal sanitary
sewerage system or a private sewage treatment facility approved by
the Pennsylvania Department of Environmental Protection (PADEP).
(7)
All development shall be based on a site plan subject to the review
of the Township Planning Agency and approval of the Township Board
of Commissioners. The site plan shall:
(8)
All required county, state and federal requirements, permits and
licenses shall be obtained prior to granting of local approvals.
(9)
Agritourism operations that generate noise from loud speakers, speakers,
intercoms, and/or music shall be limited to the hours of 7:00 a.m.
to 10:00 p.m. and remain under 70 dBA as measured at the property
line.
(11)
The governing body may grant a modification of the requirements
of one or more provisions of this section if the literal enforcement
will exact hardship, provided that such modification will not be contrary
to the public interest and the purpose and intent of this chapter
is observed.
(a)
All requests for a modification shall be in writing and shall
accompany and be a part of the application. The request shall state
in full the grounds and facts of unreasonableness or hardship on which
the request is based, the provision or provisions of this section
involved and the minimum modification necessary.
(b)
The request for modification shall be referred to the Planning
Agency for advisory comments.
(c)
The governing body and the Planning Agency shall keep a written
record of all action on all requests for modifications.
(12)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
F.
Garden center/commercial greenhouse.
(1)
Permitted uses shall be limited to activities implicitly encompassed in the definition for "garden center/commercial greenhouse" as delineated in § 195-6 of this chapter, plus the propagation of plant materials and storage of supplies and equipment associated with said activities.
(2)
No activities or substances shall be employed, stored or utilized
in a manner that will constitute a danger to the health, safety or
general welfare of site occupants, adjacent areas or the community
at large. Where reasonable concern is raised by Township officials
or other affected parties, the applicant for a conditional use shall
be required to certify that no such adverse conditions are present
or will be introduced.
(3)
All site access shall be designed to provide for safe site ingress
and egress. Provisions for turning movements, vehicle stacking, site
distances and related factors shall be incorporated in the design
of accessways to provide for maximum safety conditions on adjacent
highways.
(4)
All contemplated uses, including storage of supplies and equipment,
shall be conducted to ensure compatibility with the character of perimeter
areas and the community in general.
(7)
Minimum lot area shall be five contiguous acres.
(9)
The governing body may grant a modification of the requirements of
one or more provisions of this section if the literal enforcement
will exact hardship, provided that such modification will not be contrary
to the public interest and the purpose and intent of this chapter
is observed.
(a)
All requests for a modification shall be in writing and shall
accompany and be a part of the application. The request shall state
in full the grounds and facts of unreasonableness or hardship on which
the request is based, the provision or provisions of this section
involved and the minimum modification necessary.
(b)
The request for modification shall be referred to the Planning
Agency for advisory comments.
(c)
The governing body and the Planning Agency shall keep a written
record of all action on all requests for modifications.
(10)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
H.
Shipping
containers shall be used for agricultural/domestic use only and are
not to be rented or leased.
[Added 3-4-2020 by Ord. No. 720]
(1)
Minimum
lot area shall be 1.5 contiguous acres.
(3)
Only
permitted in the rear yard.
(4)
Must
be located a minimum of 25 feet from any property line.
(5)
Cannot
be located on a lot without a principal structure.
(6)
Exterior
finishes of the shipping container shall be compatible with the exterior
of the principal structure and adjoining properties.
(7)
No
business activity of any kind, other than the storage of privately
owned goods, shall be conducted within a shipping container.
(8)
No
activities or substances of a hazardous safety or environmental nature
shall be employed, carried or utilized as part of any operations conducted
on the site unless specifically provided for as part of the conditional
use approval.
(9)
The
Township reserves the right to add specific conditions as part of
the conditional use per the regulations of the Pennsylvania Municipalities
Planning Code (MPC).
I.
Principal
solar energy systems.
[Added 5-6-2020 by Ord. No. 728]
(1)
The principal solar energy systems' (PSES) layout, design and installation
shall conform to applicable industry standards, such as those of the
American National Standards Institute (ANSI), Underwriters Laboratories
(UL), the American Society for Testing and Materials (ASTM),), Institute
of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification
Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar
Energy Center (FSEC) or other similar certifying organizations, and
shall comply with the Pennsylvania Uniform Construction Code as enforced
by Rostraver Township and with all other applicable fire and life
safety requirements. The manufacturer specifications for the key components
of the system shall be submitted as part of the application.
(2)
PSES installers must demonstrate they are listed as a certified installer
on the Pennsylvania Department of Environmental Protection's (DEP)
approved solar installer list or that they meet the criteria to be
a DEP-approved installer by meeting or exceeding one of the following
requirements:
(a)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully installed
a minimum of three PV systems.
(3)
All on-site transmission and plumbing lines shall be placed underground
to the extent feasible.
(4)
The owner of a PSES shall provide the Township written confirmation
that the public utility company to which the PSES will be connected
has been informed of the customer's intent to install a grid-connected
system and approved of such connection.
(5)
No portion of the PSES shall contain or be used to display advertising.
The manufacturer's name and equipment information or indication of
ownership shall be allowed on any equipment of the PSES, provided
they comply with the prevailing sign regulations.
(6)
Glare.
(a)
All PSES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(7)
Noise. As part of the conditional use application, and prior to construction, the operator shall 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. Noise from a PSES shall comply with § 195-74 of this chapter.
(8)
No trees or other landscaping otherwise required by the municipal
ordinances or attached as a condition of approval of any plan, application,
or permit may be removed for the installation or operation of a PSES.
(9)
The PSES owner and/or operator shall maintain a phone number and
identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Township. The PSES owner and/or operator shall
make reasonable efforts to respond to the public's inquiries and complaints.
(10)
Decommissioning.
(a)
The PSES owner is required to notify the Township immediately
upon cessation or abandonment of the operation. The PSES shall be
presumed to be discontinued or abandoned if no electricity is generated
by such system for a period of 12 continuous months.
(b)
The PSES owner shall then have 12 months in which to dismantle
and remove the PSES, including all solar-related equipment or appurtenances
related thereto, including but not limited to buildings, cabling,
electrical components, roads, foundations and other associated facilities
from the property. If the owner fails to dismantle and/or remove the
PSES within the established time frame, the municipality may complete
the decommissioning at the owner's expense.
(c)
At the time of issuance of the permit for the construction of
the PSES, the owner shall provide financial security in the form and
amount acceptable to the Township to secure the expense of dismantling
and removing said PSES and restoration of the land to its original
condition, including forestry plantings of the same type/variety and
density as the original. Said financial security shall be 10% of the
actual cost of installation of said improvements. Please provide the
Township with a construction cost to install the PSES, in order for
the Township to verify the 10% required financial security that will
remain in place for the life of the PSES.
(d)
If a ground-mounted PSES is removed, any earth disturbance resulting
from the removal must be graded and reseeded.
(11)
Prior to the issuance of a zoning permit, PSES applicants must
acknowledge in writing that the issuing of said permit shall not and
does not create in the property owner, its, his, her or their successors
and assigns in title or create in the property itself:
(12)
Permit requirements.
(a)
PSES shall comply with the Township subdivision and land development
requirements. The installation of PSES shall follow all applicable
permit requirements, codes, and regulations.
(b)
The PSES owner and/or operator shall repair, maintain and replace
the PSES and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
PSES in good repair and operating condition.
(13)
Minimum lot size is three acres.
(14)
Minimum setback from all property lines is 30 feet.
(15)
Ground-mounted PSES shall not exceed 20 feet in height.
(16)
PSES mounted on the roof or wall of any building shall be subject
to the maximum height regulations of the principal structure.
(17)
The following components of a PSES shall be considered impervious coverage as follows and shall comply with the stormwater management districts established in Chapter 164 of the Code of the Township of Rostraver, including but not limited to any necessary agreements and/or bonding:
(a)
The area beneath the ground-mounted PSES is considered impervious
cover.
(b)
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
(c)
All mechanical equipment of PSES, including any structure for
batteries or storage cells.
(d)
Gravel or paved access roads servicing the PSES.
(18)
Ground-mounted PSES shall be screened from adjoining residential uses to the standards found in § 195-75G of this chapter.
(19)
Ground-mounted PSES shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
(20)
Security.
(a)
All ground-mounted PSES shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate following the standards of § 195-72 of this chapter.
(b)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the PSES informing individuals of potential voltage hazards.
(21)
Access.
(a)
At a minimum, a twenty-five-foot-wide access road must be provided
from a state or township roadway into the site.
(b)
At a minimum, a twenty-foot-wide cartway shall be provided between
the solar arrays to allow access for maintenance vehicles and emergency
management vehicles, including fire apparatus and emergency vehicles.
Cartway width is the distance between the bottom edge of a solar panel
to the top edge of the solar panel directly across from it.
(22)
The ground-mounted PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties. All lighting shall be designed and utilized in compliance with § 195-81.2.
(23)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of the Township/borough and that the roof
or wall is capable of holding the load imposed on the structure.
The following special exceptions may be authorized
by the Zoning Hearing Board pursuant to the standards and criteria
specified herewith:
A.
Cemetery, mausoleum.
(1)
Minimum site area shall be 25 contiguous acres.
(2)
All structures shall be a minimum of 100 feet from
property boundaries.
(3)
All vehicular points of access shall be subject to
the approval of the Township of Rostraver and the Pennsylvania Department
of Transportation.
(4)
No crematory facilities shall be authorized in conjunction
with the establishment of a cemetery.
C.
(Reserved)
D.
(Reserved)
F.
Group residential facility.
(1)
The services shall be provided in a family environment
as opposed to an institutional structure or setting.
(2)
The group residential facility shall not include business
or professional offices (other than incidental offices), business
activities, fraternal or social clubs, hospitals, clinics or other
such activities.
(3)
The number of residents in any single group residential
facility shall be limited to no more than eight persons, including
client residents, staff and family of staff. Clients shall be limited
to no more than six ambulatory persons.
(4)
Supervision shall be provided by responsible and appropriately
qualified adults on duty, on the premises on a twenty-four-hour-a-day
basis. A minimum of one such adult shall be in residence at the facility
and on duty at all times.
(5)
Lot, yard and all other dimensional requirements of
the zoning district in which the facility is located shall be met.
Each lot shall include a minimum of 1,600 square feet of exterior
open space which is maintained and suitable for passive and/or active
recreational use.
(6)
In addition to normal residential parking requirements,
parking facilities shall be provided at the rate of one off-street
space for every two resident clients.
(7)
A group residential facility shall be located not
less than 2,500 linear feet from any other group residential facility.
(8)
As part of the special exception application process,
the Chief of the Township Fire Department or the designated agent
thereof shall inspect the premises to evaluate access, fire hazard
potential, fire escape provisions, structure layout and adequacy of
smoke and fire alarm devices.
(9)
Sanitary facilities, consisting of a sink, water closet
and tub or shower, shall be provided at a ratio of one each for every
four inhabitants of the facility.
(10)
A dining area shall be provided which is of
sufficient size to accommodate all clients and residents at a single
seating.
(11)
A minimum of 72 square feet of contiguous sleeping
and personal area shall be provided for each client. Said area, for
purposes of this requirement, shall be computed exclusive of common
use areas such as circulation areas, storage areas, dining areas,
kitchen and food preparation areas, game rooms and related recreation
or instruction areas and other common use spaces.
(12)
A license or certification shall be obtained
from the Commonwealth of Pennsylvania, Department of Labor and Industry,
Department of Public Welfare, and any other state or county agency
having jurisdiction, prior to the issuance of a certificate of occupancy.
In the event that an appropriate licensing or certifying agency does
not exist, the applicant shall demonstrate to the Zoning Hearing Board
that the proposal for establishing such a facility satisfies a demonstrated
need and will be conducted in a responsible manner without detriment
to surrounding properties.
(13)
The sponsor shall file annually with the Township
Secretary and the Zoning Officer information certifying that the facility
continues to adequately meet the conditions of the original approval.
Changes of sponsorship or of any conditions of original approval shall
constitute a new use, and the full conditional use procedure for obtaining
a new use shall be exercised.
(14)
In considering a request for establishment of
a group residential facility under the provisions for special exceptions
in the Township, the Zoning Hearing Board may attach any reasonable
conditions and safeguards beyond those expressed in this chapter and
other applicable codes duly enacted.
(15)
Documentation shall be submitted which certifies
approval of sewage disposal provisions by the Sewage Enforcement Officer
and certification shall be provided from competent sources that adequate
water supply is available.
G.
Mine ventilating shafts.
(1)
The application shall include a development and operation
plan. The following information and all other data deemed appropriate
and necessary to demonstrate that the intent and purposes of this
chapter will be achieved shall be included:
(a)
A description of the character, timing and duration
of the proposed operation, including maps and plans showing the location
of the site, all access routes from public roads and area and extent
of the proposed activity.
(b)
The location and identity of ownership of all
structures and land uses that will or may be affected by the proposed
operation.
(c)
Plans for restoring and reclaiming all involved
areas following discontinuance of the underground mining.
(d)
A site plan of the proposed facility showing
all structures, facilities, accessways, fencing and screening provisions.
(2)
Every ventilating shaft, including all structures
intended to supply air or power to underground coal mines, shall be
constructed and landscaped in a manner appropriate to the district
in which it is located. The lot shall be not less than one acre, and
ventilating shafts shall not be located within 100 feet of any property
line. Open areas shall be covered with an appropriate vegetative material
and properly maintained. Suitable baffles shall be utilized to protect
the adjacent properties from noise of exhaust fans consistent with
the following requirements:
(3)
All uses shall be completely enclosed by a metal fence
not less than six feet high, with the top portion above the height
of six feet (above ground level) to be constructed of barbed wire
or other security material.
(4)
For each use that is visible from any structure used
for residential, cultural, social, educational, recreational, religious
or similar purposes in an agricultural or residential district, there
shall be a buffer strip of land planted and maintained for screening
purposes.
(5)
The applicant shall have obtained from each appropriate
state and federal regulatory agency or authority a permit issued in
accordance with all applicable state and federal laws and regulations
for the proposed use. In the event such permits have not been issued
at the time the special exception is requested, approval shall be
conditioned on the granting of said state and federal approvals.
H.
Mobile home park. Mobile home parks shall be established
and maintained in accordance with the provisions of the Mobile Home
Parks Ordinance of Rostraver Township, Ordinance No. 109, adopted
December 1, 1969.[3]
I.
Motels and hotels, subject to the following:
[Amended 7-7-2021 by Ord. No. 739]
(1)
These establishments may have related facilities such
as restaurants, auditorium spaces, swim club areas and similar functions.
All such related facilities available to other than registered guests
shall require additional parking facilities as prescribed in this
chapter for public assembly facilities.
(2)
In addition to the regulations governing the A-1 Agricultural
District, establishments shall be subject to the following additional
safeguards and regulations:
(a)
No operation shall be conducted on a lot of
less than two acres.
(b)
Establishments shall be serviced by and connected
to a water system regulated by the PUC and approved by PADEP and a
municipal sewage system or a sewage treatment system approved by PADEP.
(c)
Front, side and rear yards that are not permanently
paved shall be landscaped and maintained year around.
(d)
Units or parts and amenities thereof shall be
placed no closer than 50 feet of any property line.
(e)
The required space between buildings shall not
be less than 20 feet, and the space between the fronts or rears of
the units shall not be less than 80 feet.
(g)
Every application for a permit shall be accompanied
by a plan showing as a minimum:
K.
Strip mining.
(1)
A special exception shall be obtained for surface
extraction (strip mining). All applications submitted for consideration
of the Zoning Hearing Board shall include, at a minimum, the following
documentation and all other pertinent data deemed necessary to process
the applications:
[Amended 5-4-2005 by Ord. No. 528; 6-1-2011 by Ord. No.
617]
(a)
A description of the character of the proposed
operation, its timing and proposed duration, together with duplicates
of maps and plans to be submitted to state and federal regulatory
agencies or authorities for the issuance of necessary permits.
(b)
Identification of seams of coal, rock, ore,
beds of sand and gravel, strata of soil or other material to be removed
in connection with the proposed extractive operation.
(c)
An analysis of the possible impact of extractive
operations upon groundwater supplies in all affected areas of the
Township and the measures that will be taken to guarantee that any
loss, diminution or pollution of water supply will be corrected.
(d)
The location and identity of ownership of all
structures and land uses that may be affected by the proposed operation.
(e)
Plans for the restoration or reclamation of
all land affected by the extractive operation.
(f)
Receipt of a certification from each state or
federal agency or authority having enforcement jurisdiction for the
issuance of all necessary permits, licenses or grants of authority
for the installation and operation of the proposed extractive operation,
that the owner or operator seeking the special exception has fully
complied with all requirements.
(g)
A description of plans for the transportation
of materials, products and equipment to be used, removed from or marketed
in connection with the proposed extractive operation, including routes
of travel, number and weight of vehicles to be used and procedures
which will be made to maintain and repair roads that are targeted
for use.
(h)
A complete drainage and stormwater drainage plan, which includes all storm sewers and appurtenances, along with an approved best management practice method of disposal of all stormwater collected, that will verify the peak postdevelopment release rate of runoff, shall comply with the stormwater management districts established in Chapter 164 of the Code of the Township of Rostraver, including but not limited to any necessary agreements and/or bonding.
[Added 4-2-2003 by Ord. No. 483; amended 7-2-2003 by Ord. No.
495; 5-4-2005 by Ord. No. 528]
[1]
If the stormwater drainage plan proved that a detention structure is needed to maintain the peak postdevelopment release runoff rate for that stormwater management district in Chapter 164 of the Code of the Township of Rostraver, agreements will need to be done to confirm that the detention structure will remain intact after the project is complete. The Township shall obtain a bond from the responsible party to insure compliance with this provision.
[Amended 5-4-2005 by Ord. No. 528]
[2]
In the event the Township determines that the
public interest is best served by mandating that the pond be filled
in at a reasonable time after land disturbance activities have been
substantially completed, the landowner/developer shall complete the
same at a time and in a manner required by the Township. The Township
shall obtain a bond from the responsible party to insure compliance
with this provision.
(i)
A copy of the water monitoring reports for all
wells within a one-thousand-foot radius of the project.
[Added 4-2-2003 by Ord. No. 483]
(2)
No top-of-slope or quarry wall shall be located closer
than 100 feet to any property or street line. The perimeter surrounding
the area of operation shall be fenced with a fence of minimum height
of eight feet where required by Township officials.
(3)
No rock crusher, cement plant or other crushing, grinding,
polishing or cutting machinery or other physical or chemical process
for treating such products shall be permitted in the A-1 Agricultural
District or other areas of the Township.
(4)
The removal designated in the permit shall be begun
within a sixty-day period from the date of issuance of a permit or
the permit shall be revoked at the expiration of said period.
(5)
The designated operator shall complete operation within
a period of time as designated in the permit.
(6)
Prior to beginning operation, the designated operator
shall deposit a bond issued by a reputable bonding company in the
amount specified by the Township Commissioners for each and every
mile of Township road or portion thereof proposed to be traversed
for removing material from the site. The period designated for the
bond shall start with the issuance date of the permit.
(7)
The backfilling operation, after all surface excavation
is completed, shall reestablish a satisfactory vegetative ground cover
that will deter soil erosion and eventually rebuild the soil. Legumes
such as Crownvetch and rye grass and/or plantings of evergreens or
deciduous trees shall be planted in accordance with Soil Conservation
Service, U.S. Department of Agriculture, recommendations.
(8)
The stripping and selling of topsoil and/or sod shall
be permitted only under the following conditions:
(a)
When it is part of the construction or alteration
of a building or the grading incidental to such building activity.
(b)
When it is in conjunction with normal lawn preparation
and maintenance.
(c)
When it is in conjunction with the construction
or alteration of a street or utility improvement.
(d)
In commercial sod farms or farming operations
where such use is permitted, provided that sound soil practices are
observed.
(9)
All land disturbance activities shall be conducted
in such a way as to minimize accelerated erosion and resulting sedimentation.
Measures to control erosion and sedimentation shall, at a minimum,
meet the standards of the Westmoreland County Conservation District
and the Pennsylvania Department of Protection. The Township shall
obtain a bond from the responsible party to insure compliance of all
earthmoving activities. Said bond with be calculated by the Township
based on 110% of the cost of erosion and sedimentation controls measures.
[Added 4-2-2003 by Ord. No. 483; amended 5-4-2005 by Ord. No.
528]
L.
Veterinary clinic.
(1)
A site plan showing proposed development of the site,
including topography, building locations, parking, traffic circulation,
usable open space, landscaped area and utilities and drainage features.
(2)
Preliminary building plans and elevations sufficient
to indicate the dimensions, general appearance, scale of all buildings.
(3)
All design, architectural features, materials, landscaping
and associated treatments shall be developed and maintained compatible
with adjacent residential uses.
(4)
Provisions for all vehicular ingress and egress in
conjunction with the site shall be approved by Township officials.
(5)
On-site parking shall be provided for all anticipated residents, staff personnel and patrons or visitors. The total estimated amount of parking area required shall be documented by the developer and subject to the recommendation of the Planning Agency. All parking areas shall be landscaped subject to the standards and criteria of Article XVII, § 195-64D, of this chapter.
[Amended 8-7-2002 by Ord. No. 468; 6-2-2010 by Ord. No.
601]
(6)
Sign requirements applicable to the A-1 District shall apply (see § 195-54).
[Amended 4-7-2004 by Ord. No. 508]
N.
Blasting.
[Amended 4-2-2003 by Ord. No. 483]
(1)
A special exception shall be obtained for excavating
that requires blasting. All applications submitted for consideration
of the Zoning Hearing Board shall include, at a minimum, the following
documentation and all other pertinent data deemed necessary to process
the applications:
(a)
A description of the character of the proposed
operation, its timing and proposed duration, together with duplicates
of maps and plans to be submitted to state and federal regulatory
agencies or authorities for the issuance of necessary permits. Including
a complete copy of Module 16: Blasting Plan submitted to PADEP.
(b)
An analysis of the possible impact of the blasting
upon groundwater supplies in all affected areas of the Township and
the measures that will be taken to guarantee that any loss, diminution
or pollution of the water supply will be corrected.
(c)
The location and identity of ownership of all
structures and land uses that may be affected by the proposed operation.
(d)
Receipt of a certification from each state or
federal agency or authority having enforcement jurisdiction for the
issuance of all necessary permits, or licenses and that the owner
or operator seeking the special exception has fully complied with
all requirements.
(e)
Blasting insurance shall also be required for
blasting contractors, and the reasonable limits of such insurance
shall be based on the nature and extent of the applicant’s proposed
operations.
(2)
The proposed blasting shall begin within six months
from the date of issuance of a permit or the permit shall be revoked
at the expiration of said period.
(3)
The designated operator shall complete operation within
a period of time as designated in the permit.
(4)
Blasting may occur only between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday, unless specifically authorized
otherwise.
P.
Public facility.
[Added 4-2-2003 by Ord. No. 483; amended 4-7-2004 by Ord. No.
508; 6-2-2010 by Ord. No. 601]
(3)
A
site plan showing the proposed development of the lot, including building
locations, adequate off-street parking, traffic circulation, easements
and rights-of-way, landscaped area and drainage features.
(4)
Sign
requirements shall be applicable to the zoning district in which the
facility is located.
(5)
Ingress
and egress for all site access and off-street parking shall be situated
in a manner to minimize interference with traffic movements on adjacent
street rights-of-way.
R.
Model home.
[Added 5-4-2005 by Ord. No. 528]
(1)
A site plan showing the proposed development of the
lot, including building locations, adequate off-street parking, traffic
circulation, easements and right-of-ways.
(2)
Sign and lighting requirements shall be applicable
to the zoning district in which the facility is located.
(3)
Lot, yard and all other dimensional requirements shall
be applicable to the zoning district in which the facility is located
for a dwelling.
(4)
A zoning permit shall be issued annually as long as
the development is being constructed.
(5)
There shall be no on-street parking permitted.
S.
Oil and gas drill site.
[Added 6-1-2011 by Ord. No. 617]
(1)
A special exception shall be obtained for all oil and gas drill sites.
All applications submitted for consideration of the Zoning Hearing
Board shall include, at a minimum, the following documentation and
all other pertinent data deemed necessary to process the application:
(a)
Copy of the notification sent to the surface owner of the drill
site.
(b)
A written description of the character of the proposed operation,
its proposed timing and duration, together with duplicates of maps
and plans to submitted to state and federal regulatory agencies or
authorities for the issuance of necessary permits.
(c)
A calendar concerning well site development and drilling activities
that indicates the following:
[1]
Site preparation beginnings and endings.
[2]
Anticipated drilling activity beginnings and endings.
[3]
Anticipated completion (perforating) work to begin and end.
[4]
Anticipated stimulation (fracturing) work to begin and end.
[5]
Anticipated production work to begin and end.
[6]
Anticipated discontinued use date.
(d)
A narrative including the number of wells, including DEP permit
number(s) for any or all wells if available at the time of submittal
and provided when issued later and the location, number, and description
of equipment and structures to the extent known. The narrative shall
also include an overview of the project as it relates to natural gas
compressor stations or natural gas processing plants.
(e)
The applicant shall provide a plan for the transmission of gas
from the site. The plan will identify but not be limited to gathering
lines, compressors and other mid- and downstream facilities located
within the Township and extending 800 feet beyond the Township boundary.
(f)
The applicant must provide the Township with an anticipated
list and description of all types of equipment weighing in excess
of 10 tons and identification of the proposed routing of vehicles
on Township roads. The proposed hauling routes must be designed to
minimize the impact on collector, connector and local streets within
the Township. The Township reserves the right to designate required
truck hauling routes throughout the Township.
(g)
The applicant shall provide the Township with the name of the
person supervising the drilling operation and a phone number where
such person can be reached 24 hours a day for each day of the week.
Annually, or upon any change of relevant circumstances, the applicant
shall update such information and provide it to the Township.
(h)
The applicant shall provide the Township with a copy of the
Preparedness Prevention and Contingency Plan (PPC), as required by
and filed with the PA DEP, and a copy of the SARA Title III Tier II
Chemical Inventory submitted to PENNSAFE.
(i)
The applicant shall provide an outline of training program for
Township's first responders.
(j)
A survey of the property showing the drill site(s) with all
permanent facilities (tanks or other surface installations) with locations
and distances to property lines, the approximate number of acres to
be disturbed for development, and identifying the floodway of the
property(ies) as identified in the Flood Insurance Study (FIS) prepared
and approved by the Federal Emergency Management Agency (FEMA).
(k)
A complete drainage and stormwater drainage plan, which includes all storm sewers and appurtenances, along with an approved best management practice method of disposal of all stormwater collected, that will verify the peak postdevelopment release rate of runoff, shall comply with the stormwater management districts established in Chapter 164 of the Code of the Township of Rostraver, including but not limited to any necessary agreements and/or bonding.
[1]
If the stormwater drainage plan proved that a detention structure is needed to maintain the peak postdevelopment release runoff rate for that stormwater management district in Chapter 164 of the Code of the Township of Rostraver, agreements will need to be done to confirm that the detention structure will remain intact after the project is complete. The Township shall obtain a bond from the responsible party to insure compliance with this provision.
[2]
In the event the Township determines that the public interest
is best served by mandating that the pond be filled in at a reasonable
time after land disturbance activities have been substantially completed,
the landowner/developer shall complete the same at a time and in a
manner required by the Township. The Township shall obtain a bond
from the responsible party to insure compliance with this provision.
(l)
Information on lighting at the drill site and wellhead or any
other area being developed.
(m)
Information on anticipated noise levels at drill site.
(n)
The applicant shall provide plans for the restoration or reclamation
of all land affected by the operation.
(2)
The oil and gas drill sites shall only be permitted to occur on property
with a minimum of 10 contiguous acres or larger. Multiple property
owners can combine adjoining parcels to achieve the minimum 10 acres
required. A well survey plat showing the planned surface location
of the wells and a list of the property owners in the well unit, and
acreage participation by each landowner.
(3)
Water storage facilities and staging facilities shall be considered
an accessory use to property only where an oil and gas drill site
is to be located.
(4)
Access directly to state roads shall require Pennsylvania Department
of Transportation (PennDOT) highway occupancy permit (HOP) approval,
and access directly to county roads shall require HOP approval. Prior
to initiating any work at a drill site, the Township shall be provided
a copy of the HOP prior to commencing site development to access the
site and for overweight vehicles.
(5)
In compliance with § 187-16, the applicant of the oil or gas well and any or all subcontractors shall execute an excess maintenance agreement with the Township for a permit and post a bond at the paved highway rate in favor of the Township in a form acceptable to the Township prior to beginning any work on a drill site. The bond is to guarantee restoration of Township roads damaged as a result of hauling associated with the drilling operation.
(6)
In accordance with the appropriate Township ordinance, as amended,
driveways accessing the drill site shall be paved with an impervious
material from the paved public street for a distance of 50 feet into
the drill site. The impervious material shall be in place prior to
the commencement of the drilling operation.
(7)
All drill site pads, and on-site accessory water storage facilities shall be secured with a fence, in compliance with § 195-72, with a secured gate as follows:
(a)
The fence shall be a minimum of six feet in height, chain link
with green fabric mesh.
(b)
The fencing shall be in place throughout the drill operation
and until the water storage facility is removed or filled in.
(c)
The chain link fence shall have a minimum thickness of 11 gauge.
(d)
Warning signs shall be installed at one-hundred-foot spacing
to provide notice of the potential dangers.
(e)
The drill site assigned address shall be clearly visible on
the access gate for emergency 911 purposes.
(f)
A sign shall include the well name and number, name of the operator
and the telephone number for a person responsible who may be contacted
in case of emergency, pursuant to the Pennsylvania Oil and Gas Act
(PA Act 223).[6]
[6]
Editor's Note: The Oil and Gas Act was repealed by 2012, Feb.
14, P.L. 87, No. 13, § 3. See now Oil and Gas, 58 Pa.C.S.A.
§ 3201 et seq.
(g)
For each entrance gate, the operator shall provide the Township
with a lock box and key to access the well site in case of emergency.
The location of said gate(s) shall be to the satisfaction of the Township.
(8)
Lighting. No drill site lighting used for the drilling operation shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent property or property in the general vicinity of the drill site. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties. All lighting shall be designed and utilized in compliance with § 195-81.2.
(9)
Dust, vibration, odors. All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in compliance with § 195-74. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful effects are minimized by the operations carried on at the drill site to avoid injury to persons living in the vicinity and are in compliance with § 195-74.
(10)
Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance with the performance standards relating to noise and as more specifically set forth § 195-74 with respect to the location of a proposed drill site if such methods are required in order to ensure such compliance.
[Amended 11-7-2018 by Ord. No. 706]
|
As part of the special exception application, and prior to construction,
the operator shall 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.
|
(a)
The noise generated during construction, drilling, hydraulic fracturing, production, compression and rework activities when measured at the property line of adjoining properties or within 100 feet of any occupied building on any affected property shall not exceed the greater of the performance standards for noise set forth in § 195-74C(2) of the Zoning Ordinance or the ambient or background noise level established above.
(b)
Adjustments to noise limit. Adjustments to the noise limit described in Subsection S(10)(b)[1] shall be permitted if requested at the time of special exception hearing in accordance with the following only during the daytime 7:00 a.m. to 10:00 p.m., per § 195-74:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
|
|---|---|
|
5
|
15
|
|
10
|
5
|
|
15
|
1
|
|
*
|
Cumulative minutes during one hour
|
|
The permitted increase shall be calculated using the greater of the performance standards set forth in § 195-74C or the ambient or background noise level established above. The operator shall provide a computer-generated, site-specific, noise-impact model based on the topography, vegetation and structures of the proposed drill site within a 5,000-foot radius from the outer boundary of the proposed oil and gas vertical bore locations. The simulation model shall include both the unabated noise analysis as well as several noise analyses, including the effects of noise abatement plans.
|
(c)
If a complaint that the operator is violating the foregoing
noise limits is received by the Township from a Township property
owner/resident who owns/occupies property impacted by noise generated
during construction, drilling, or hydraulic fracturing activities,
the Township Zoning Officer shall determine initially whether the
complaint has merit. If the complaint has merit, the Township Zoning
Officer shall notify the operator and provide the operator with a
forty-eight-hour period in which to cure. Following the expiration
of such forty-eight-hour cure period, the Township Zoning Officer
shall conduct an inspection to determine whether the operator has
established compliance. If the Township Zoning Officer determines
the operator remains in violation of the noise limit, the operator
shall, within 24 hours following receipt of notification, begin continuous
sound monitoring for a period of 48 hours at the property line to
an occupied structure. A noise consultant/engineer mutually agreed
upon by the Township and owner/operator shall conduct hourly testing
and report the findings to the Township. The operator shall be responsible
for all costs associated with the noise consultant/engineer. The applicant
shall report the findings to the Township and shall mitigate the problem
to the allowable level if the noise level exceeds the allowable limits
immediately after the 48 hours of sound monitoring. If after the 48
hours of sound monitoring determines the operator remains in violation
of the noise limit, the operation shall cease and desist until such
time the noise levels come into compliance with the allowable noise
limits established.
(11)
Exhaust from any internal combustion engine or compressor used
in connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with i) an exhaust muffler; or ii)
an exhaust box. The exhaust muffler or exhaust box shall be constructed
of noncombustible materials designed and installed to suppress noise
and disruptive vibrations. Moreover, all such equipment with an exhaust
muffler or exhaust box shall be maintained in good operating condition
according to manufacturer's specifications.
(12)
All permanent facilities shall be painted an earth tone color to blend in with the surrounding area. The Township may require fencing and or landscaping to buffer the facilities from adjacent properties in accordance with § 195-75G.
(13)
Topsoil must remain on site so it can be put back during the
restoration of the site.
(15)
The public street entrance and the property on which a drill
site is located shall at all times be kept free of mud, debris, trash
or other waste materials.
(16)
A zoning permit shall not be issued for any well to be drilled
within any floodway identified in the Flood Insurance Study (FIS)
prepared and approved by Federal Emergency Management Agency (FEMA).
Oil and gas activities in the one-hundred-year floodplain are discouraged
but may be permitted if the following provisions are met:
(a)
Earthmoving activities that do not materially change the contour
of the land are permitted for the purpose of pipeline installation.
(c)
If no other area provides access to the oil or gas deposit,
then oil and gas drilling may be permitted in the floodplain. The
applicant must provide conclusive documentation that no other location
allows access to the oil or gas deposits other than a location within
the floodplain.
(d)
No storage of chemicals shall be permitted within the floodplain.
(e)
Only necessary and needed structures will be permitted within
the floodplain.
(f)
All structures within the flood zone shall be designed to withstand
a one-hundred-year storm event.
(g)
An engineer registered in Pennsylvania and qualified to present
such documentation that structures will not cause additional flooding
on adjacent, upstream and/or downstream properties shall provide such
documentation to the Township.
(h)
A closed loop system for drill cutting is preferred within the
one-hundred-year flood fringe.
(17)
Height The height of the drilling rig and facilities on site, such as drying tanks, etc., are exempt from the height limits found in this chapter. Permanent structures whether principal or accessory must comply with the maximum height regulation per subsequent zoning district and shall be in compliance with § 195-73.
(18)
Setbacks. The well bore (centered on the derrick drilling rig)
shall be located a minimum setback distance, 200 feet from any existing
structure or water well and 150 feet from any body of water and wetland
larger than one acre as listed in the Pennsylvania Oil and Gas Act
(PA Act 223).[7]
[7]
Editor's Note: The Oil and Gas Act was repealed by 2012, Feb.
14, P.L. 87, No. 13, § 3. See now Oil and Gas, 58 Pa.C.S.A.
§ 3201 et seq.
(19)
Signal interference. The applicant shall make reasonable efforts
to avoid and/or mitigate any disruption or loss of radio, telephone,
cellular phone, television or similar signals, and shall mitigate
any harm caused by the oil and gas use in a timely manner.
(20)
The applicant shall not clear brush or trees by way of burning,
and shall chip, grind or remove all tree stumps from properties it
clears for development purposes However, the applicant shall be permitted
to burn any brush, trees, or stumps that have been removed from the
ground and collected into a pile or piles on the properties while
the applicant is engaging in development. The applicant shall notify
the Township Emergency Management Coordinator prior to burning.
(21)
Prior to drilling, the applicant shall provide the Township's
First Responders, through its Emergency Management Coordinator and
Zoning Officer, a copy of its Preparedness, Prevention and Contingency
(PPC) Plan. Included with the PPC Plan shall be the SARA Title III
Tier II Chemical Inventory submitted to PENNSAFE.
(a)
Upon review of the PPC Plan, a meeting between all parties will
be held to discuss emergency and first response procedures; and determine
which first response personnel have secured adequate training (five
hours minimum per year) to deal with any potential dangerous conditions
that may result due to development activities. The applicant shall
arrange a visit to site by Township emergency service providers for
the purpose of orientation to the location of equipment and materials.
(b)
Should first response training become necessary, prior to drilling,
the applicant will make available an appropriate training program
for first responders This training program will be at the sole expense
of the applicant, and shall be made available annually for the duration
of the drilling activities in the Township, and shall be in coordination
with Westmoreland County Public Safety.
(c)
The cost and expense of the orientation and training shall be
sole responsibility of the applicant. The applicant shall not be required
to hold more than one site orientation and training course annually
under this subsection.
(22)
The applicant shall maintain at the property and on file with
the Township Emergency Management Coordinator a current list and the
material safety data sheets (MSDS) for all hazardous chemicals used
in the drilling operations (including but not limited to type of additives,
polymers, salts, surfactants and solvents) and in any hydraulic fracturing
operations.
(23)
Junk, refuse, trash or abandoned material shall not be disposed
of on site. All refuse stored on site for final off-site disposal
shall be located within a building, covered dumpster or other enclosure
designed and constructed for the proper storage of such material.
This does not include drill cuttings.
(24)
Prior to beginning any work on a drill site (excluding staking,
surveying, and matters related thereto), the applicant shall submit
to the Township a copy of all permits issued by the Pennsylvania Department
of Environmental Protection (PA DEP). All required permits shall be
maintained throughout the duration of the drilling operation. Any
suspension or revocation of permits by PA DEP shall be reported to
the Township and shall constitute a violation of Township zoning approval
and shall constitute an automatic revocation of the zoning/development
permit.
(25)
The facility and/or its operation shall comply with all applicable
permits and requirements of the Pennsylvania Department of Environmental
Protection, the United States Environmental Protection Agency, and
any other governmental authority having jurisdiction over its operations
and with all federal, state and local laws, ordinance and regulations
promulgated to protect the environment or otherwise relating to environmental
matters.
(26)
All applicants for a special exception shall reimburse Rostraver
Township for necessary and reasonable professional consultant fees
incurred by the Township related to application for activities authorized
by this subsection. Additionally, all applicants shall reimburse the
Township for consulting fees and cost incurred in enforcing this subsection
upon a finding of violation by a District Justice.
(27)
The applicant shall grant the right of inspection to the Township
for all phases of construction and during drilling production and
in the reclamation, both in relation to the enforcement of this subsection
and pursuant to the Township of Rostraver's enforcement rights under
58 P.S. § 601.504(b) of Pennsylvania's Oil and Gas Act[8] and any other relevant Pennsylvania statute.
[8]
Editor's Note: 58 P.S. § 601.504(b) was repealed
by 2012, Feb. 14, P.L. 87, No. 13, § 3. See now 58 Pa.C.S.A.
§ 3254 et seq.
(28)
Federal or state law or regulation preempts ordinance requirements
that conflict with federal or state statute or regulation. Township
acknowledges that it is preempted from regulating the operational
methods of the oil and gas industry and may only regulate land uses.
T.
Short-term
rentals and tourist homes subject to the following:
[Added 7-7-2021 by Ord. No. 739]
(1)
Occupancy shall be limited to no more than two persons per bedroom
plus four additional persons, or a maximum of 14 occupants, whichever
is less.
(2)
The maximum number of day guests allowed at any one time, in addition
to the occupants, shall be 75% of the maximum permitted occupancy.
(3)
Outdoor parking for occupants and day guests shall be limited to
available parking areas on the property. In no event shall parking
include spaces in any public street right-of-way or on any lawns or
vegetated areas. One parking space is required per every bedroom.
(4)
There shall be no modifications to the external appearance of the
building (except fire escapes) which would alter its residential character.
No expansions or alterations shall be permitted which would increase
the number of rooms available for lease from that within the existing
dwelling.
(5)
Rostraver Township Nuisance Ordinance, Chapter 124, including but limited to neither occupants nor guests shall engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting, or creating a dangerous or physically offensive condition. No event or gathering shall be permitted which involves outdoor amplified entertainment through use of any speaker system or sound amplification device.
(6)
The property owner must designate a local property representative
who shall be available 24 hours per day, seven days per week, for
the purpose of: (a) responding within one hour to complaints regarding
the condition, operation, or conduct of occupants; and (b) taking
remedial action to resolve any such complaints. The name, address,
and telephone contact number of the property owner and the local property
representative shall be kept on file at the Township.
(7)
Overnight occupancy of recreational vehicles, camper trailers, and
tents at the property shall not be allowed. Outdoor overnight sleeping
of occupants or guests is prohibited.
(8)
A short-term rental/tourist home may not be used for a purpose other
than or not incidental to its use for overnight lodging. This restriction
includes using the rental for a wedding, banquet, reception, bachelor
or bachelorette party, concert, fundraiser, sponsored event, or any
similar group activity.
(9)
No outdoor advertising signs related to the rental dwelling shall
be allowed on the site.
(10)
The property owner shall maintain on file at the Township an
up-to-date certificate of insurance documenting that the dwelling
is insured as a short-term or vacation rental including the standards
of the Uniform Construction Code.
(11)
All short-term rentals and tourist homes shall have a clearly
visible and legible notice posted within the dwelling unit on or adjacent
to the front door containing the following information:
(a)
The name of the local property representative and a telephone
number at which that party can be reached on a twenty-four-hour basis.
(b)
The 911 address of the property.
(c)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(d)
The maximum number of all vehicles allowed to be on the property
and the requirement that all guest parking must be parked in the available
parking areas on the property and not in or along any private, community
or public street right-of-way or on any lawn or vegetated area on
the property.
(e)
The trash pickup day and notification that trash and refuse
shall not be left or stored on the exterior of the property.
(12)
All short-term rentals shall be equipped with the following:
(a)
Smoke detectors in each bedroom.
(b)
Smoke and carbon monoxide detectors outside each bedroom in
common hallways.
(c)
Smoke and carbon monoxide detectors on each floor.
(d)
GFI outlets for outlets located within six feet of water source.
(e)
Aluminum or metal exhaust from dryer.
(f)
Fire extinguisher in kitchen conspicuously located.
(g)
Stairs (indoor and outdoor) in good condition.
(h)
Swimming pools, hot tubs and spas must meet the barrier requirements
as indicated in the Pennsylvania Uniform Construction Code.
(13)
Shall be serviced by and connected to a water system regulated
by the PUC and approved by PADEP and a municipal sewage system or
a sewage treatment system approved by PADEP.
The following requirements shall apply in A-1
Agricultural Districts:
|
Use Category
|
Min. Lot Area
|
Min. Lot Width
(ft.)
|
Min. Front Setback
(ft. from ROW)
|
Min. Side Yard
(ft.)
|
Min. Rear Yard
(ft.)
|
Max. Bldg. Height
(ft.)
|
Max. Lot
Coverage
|
|---|---|---|---|---|---|---|---|
|
Permitted Use:
| |||||||
|
Agriculture
[Amended 10-7-1998 by Ord. No. 388] |
5 acres
|
150
|
50
|
25
|
25
|
NA
|
NA
|
|
Greenhouse
[Amended 9-1-2010 by Ord. No. 606] |
1 acre
|
150
|
50
|
25
|
25
|
45
|
40%
|
|
Municipal or neighbor-
hood recreation
[Added 7-3-2002 by Ord. No. 462; amended 9-1-2010 by Ord. No. 606] |
20,000 square feet
|
100
|
50
|
25
|
25
|
45
|
NA
|
|
Riding stable
[Amended 10-7-1998 by Ord. No. 388; 9-1-2010 by Ord. No. 606] |
5 acres
|
150
|
50
|
25
|
25
|
45
|
NA
|
|
Single-family dwelling
[Amended 9-1-2010 by Ord. No. 606] |
20,000# square feet
|
100
|
25
|
15
|
15
|
45
|
40%
|
|
Special animal raising
[Amended 9-1-2010 by Ord. No. 606] |
5 acres
|
150
|
50
|
25
|
25
|
45
|
NA
|
|
Communications antennas that fall under the
Pennsylvania Wireless Broadband Collocation Act[1]
[Added 2-23-2000 by Ord. No. 421; amended 9-5-2018 by Ord. No. 705] |
Subject to the requirements of § 195-81
| ||||||
|
Chicken coop
[Added 1-20-2016 by Ord.
No. 667] |
1 acre**
|
Same as
|
75
|
25
|
25
|
NA
|
NA
|
|
Chicken run/pen
[Added 1-20-2016 by Ord.
No. 667; amended 5-4-2016 by Ord. No. 675] |
Standard for principal use shall apply
| ||||||
|
School bus shelter
[Added 7-7-2021 by Ord. No. 739] |
10-foot setback for all rights-of-way
| ||||||
|
Home occupation
[Added 7-7-2021 by Ord. No. 739] |
Standard for single-family dwelling shall apply
| ||||||
|
Conversion apartment
[Added 7-7-2021 by Ord. No. 739] |
Standard for principal use shall apply
| ||||||
|
Conditional Use:
| |||||||
|
Day-care/family
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
|
Funeral home
[Amended 9-1-2010 by Ord. No. 606] |
32,000 square feet
|
150
|
50
|
25
|
15
|
45
|
35%
|
|
Hospital facility
|
3 acres
|
200
|
150
|
150
|
150
|
45
|
NA
|
|
Ambulance station
[Amended 9-8-1998 by Ord. No. 387; 9-1-2010 by Ord. No. 606] |
1 acre
|
150
|
50
|
25
|
15
|
45
|
35%
|
|
Agritourism
[Added 2-15-2017 by Ord.
No. 682] |
5 acres
|
150
|
50
|
25
|
25
|
NA
|
NA
|
|
Garden center/
commercial greenhouse
[Added 2-15-2017 by Ord.
No. 682] |
5 acres
|
150
|
50
|
25
|
25
|
NA
|
NA
|
|
Communications antennas that do not fall under the Pennsylvania
Wireless Broadband Collocation Act[2] and communications towers
|
Subject to the requirements of § 195-81
| ||||||
|
Principal solar energy systems
[Added 5-6-2020 by Ord. No. 728[ |
3 acres
|
150
|
30
|
30
|
30
|
NA
|
40%
|
|
Cemetery, mausoleum
[Amended 9-1-2010 by Ord. No. 606] |
25 acres
|
NA
|
100
|
100
|
100
|
45
|
NA
|
|
Group residential
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
|
Mine ventilation shaft
[Amended 9-1-2010 by Ord. No. 606] |
1 acre
|
50
|
100
|
100
|
100
|
45
|
20%
|
|
Mobile home park
| |||||||
|
Motel
|
2 acres
|
200
|
50
|
50
|
50
|
45
|
40%
|
|
Strip mining
|
Subject to requirements of § 195-14K
| ||||||
|
Veterinary clinic
[Amended 9-1-2010 by Ord. No. 606] |
1 acre
|
150
|
50
|
25
|
25
|
45
|
40%
|
|
Blasting
[Added 4-2-2003 by Ord. No. 483] |
Subject to the requirements of § 195-14N
| ||||||
|
Church
[Added 4-2-2003 by Ord. No. 483; amended 9-1-2010 by Ord. No. 606] |
1 acre
|
150
|
50
|
25
|
25
|
45
|
40%
|
|
Public facility
[Added 4-2-2003 by Ord. No. 483; amended 6-2-2010 by Ord. No.
601; 9-1-2010 by Ord. No. 606] |
1 acre
|
50
|
50
|
25
|
25
|
45
|
40%
|
|
Outdoor recreation
[Added 4-7-2004 by Ord. No. 508; amended 9-1-2010 by Ord. No. 606] |
32,000
|
150
|
50
|
30
|
30
|
45
|
75%
|
|
Model home
[Added 5-4-2005 by Ord. No. 528] |
*
|
*
|
*
|
*
|
*
|
*
|
*
|
|
Gas and oil drill site
[Added 6-1-2011 by Ord. No. 617] |
Subject to the requirements of § 195-14S
| ||||||
|
Short-term rental/tourist home
[Added 7-7-2021 by Ord. No. 739] |
Standard for single-family dwelling shall apply
| ||||||
|
NOTES:
| |||||||
|---|---|---|---|---|---|---|---|
|
NA
|
Not applicable
| ||||||
|
#
|
With public or private central sewer facilities approved by
PADEP. In the absence of central sewer facilities, the required minimum
lot area shall be 40,000 square feet for each dwelling unit.
| ||||||
|
*
|
Standard for principal use shall apply
| ||||||
|
**
|
No roosters permitted on less than five acres
[Added 1-20-2016 by Ord.
No. 667] | ||||||
[1]
Editor’s Note: See 53 P.S. § 11702.1 et seq.
[2]
Editor’s Note: See 53 P.S. § 11702.1 et seq.
[3]
Editor's Note: The entry for municipal recreation
was repealed 7-3-2002 by Ord. No. 462.
[4]
Editor’s Note: The entry for garden center, amended
9-1-2010 by Ord. No. 606, was repealed 2-15-2017 by Ord. No. 682.
[5]
Editor’s Note: The entry for essential or commercial
communications tower, added 2-23-2000 by Ord. No. 421, was repealed.
[6]
Editor's Note: The entries for conversion apartment, home
occupation, as amended 6-2-2010 by Ord. No 600, and school bus shelter,
were repealed 7-7-2021 by Ord. No. 739.
