Rostraver Township City Zoning Code

Be prepared by a registered architect or registered engineer; and

Designate the location of all utility systems, storm drainage, accessways, structures, landscaping, parking areas, adjacent uses and related site features.

Storage, retail or wholesale marketing or processing of agricultural products into a value-added agricultural product is a permitted use in a farming operation.

Direct marketing of produce in a farm market.

Cider mills and limited wineries, as defined and regulated by the Pennsylvania Liquor Control Board, in a tasting room.

Seasonal U-pick fruits and vegetables operations.

Seasonal outdoor mazes of agricultural origin such as straw bales or corn.

Food sales and processing.

Value-added agricultural products or activities such as educational tours of processing facilities, workshops or livestock care and feeding subject to the standards and criteria of Article XVIII, § 195-67.

Playgrounds or equipment typical of a school playground, such as slides or swings, excluding motorized vehicles or rides.

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).

Wagon rides, sleigh and hayrides.

Nature trails.

Open-air or covered picnic area with restrooms.

Educational classes, lectures, seminars.

Historical agricultural exhibits.

Kitchen facilities.

Gift shops for the sale of agricultural products and agriculturally related products.

Overnight accommodations.

Banquet and event facility.

Small-scale entertainment, including, but not limited to, car shows, art fairs or musical entertainment.

Family-oriented animated barns, including, but not limited to, fun houses or haunted houses.

Parking spaces required shall be:

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.

Required paved parking shall be a minimum distance of 25 feet from all property lines and shall provide a screen planting, subject to the standards and criteria of Article XVIII, § 195-75G, of this chapter.

Be prepared by a registered professional land surveyor or registered engineer; and

Designate the location of all utility systems, storm drainage, accessways, structures, landscaping, parking areas, adjacent uses and related site features.

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.

The request for modification shall be referred to the Planning Agency for advisory comments.

The governing body and the Planning Agency shall keep a written record of all action on all requests for modifications.

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.

The request for modification shall be referred to the Planning Agency for advisory comments.

The governing body and the Planning Agency shall keep a written record of all action on all requests for modifications.

Is certified by the North American Board of Certified Energy Practitioners (NABCEP).

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.

All PSES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

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.

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.

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.

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.

If a ground-mounted PSES is removed, any earth disturbance resulting from the removal must be graded and reseeded.

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

The right to prohibit the development on or growth of any trees or vegetation on such property.

PSES shall comply with the Township subdivision and land development requirements. The installation of PSES shall follow all applicable permit requirements, codes, and regulations.

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.

(Reserved)[2]

Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

All mechanical equipment of PSES, including any structure for batteries or storage cells.

Gravel or paved access roads servicing the PSES.

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, except that fence shall be no more than seven feet in height.

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.

At a minimum, a twenty-five-foot-wide access road must be provided from a state or township roadway into the site.

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.

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.

The location and identity of ownership of all structures and land uses that will or may be affected by the proposed operation.

Plans for restoring and reclaiming all involved areas following discontinuance of the underground mining.

A site plan of the proposed facility showing all structures, facilities, accessways, fencing and screening provisions.

Maximum noise level 7:00 a.m. to 10:00 p.m.: 75 dBA.

Maximum noise level 10:00 p.m. to 7:00 a.m.: 70 dBA.

No operation shall be conducted on a lot of less than two acres.

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.

Front, side and rear yards that are not permanently paved shall be landscaped and maintained year around.

Units or parts and amenities thereof shall be placed no closer than 50 feet of any property line.

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.

Signs and off-street parking and loading space shall be developed in accordance with Articles XVI, XVII and XVIII of this chapter.

Every application for a permit shall be accompanied by a plan showing as a minimum:

All lighting shall be designed and utilized in compliance with § 195-81.2.

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.

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.

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.

The location and identity of ownership of all structures and land uses that may be affected by the proposed operation.

Plans for the restoration or reclamation of all land affected by the extractive operation.

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.

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.

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.

A copy of the water monitoring reports for all wells within a one-thousand-foot radius of the project.

When it is part of the construction or alteration of a building or the grading incidental to such building activity.

When it is in conjunction with normal lawn preparation and maintenance.

When it is in conjunction with the construction or alteration of a street or utility improvement.

In commercial sod farms or farming operations where such use is permitted, provided that sound soil practices are observed.

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.

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.

The location and identity of ownership of all structures and land uses that may be affected by the proposed operation.

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.

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.

Copy of the notification sent to the surface owner of the drill site.

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.

A calendar concerning well site development and drilling activities that indicates the following:

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.

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.

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.

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.

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.

The applicant shall provide an outline of training program for Township's first responders.

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).

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.

Information on lighting at the drill site and wellhead or any other area being developed.

Information on anticipated noise levels at drill site.

The applicant shall provide plans for the restoration or reclamation of all land affected by the operation.

The fence shall be a minimum of six feet in height, chain link with green fabric mesh.

The fencing shall be in place throughout the drill operation and until the water storage facility is removed or filled in.

The chain link fence shall have a minimum thickness of 11 gauge.

Warning signs shall be installed at one-hundred-foot spacing to provide notice of the potential dangers.

The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes.

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]

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.

The noise generated during drilling, hydraulic fracturing, production, compression and rework activities (excluding noise from transient non-stationary equipment and vehicles and noise caused by unusual and random events such as temperature inversions) when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure.

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:

At the special exception hearing, the operator shall provide a computer-generated site-specific, noise-impact model of projected sound levels at protected structures during drilling and hydraulic fracturing, based on topography, vegetation and structures of the proposed drill site with a 5,000-foot radius from the outer boundary of the proposed oil and gas vertical bore locations. The model shall include weather, conforming to ISO 9613, but need not account for transient non-stationary equipment and vehicles or for unusual and random events such as temperature inversions. The model shall include both the unabated noise analysis as well an analysis showing as the effects of noise abatement plans.

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 drilling, hydraulic fracturing, permanent production or workover 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 72-hour period in which to cure. Following the expiration of such 72-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 72 hours following receipt of notification, begin continuous sound monitoring for a period of 72 hours at the property line of an occupied protected 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 72 hours of sound monitoring. If after the 72 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.

Earthmoving activities that do not materially change the contour of the land are permitted for the purpose of pipeline installation.

There is compliance with Chapter 97 of the Code of the Township of Rostraver.

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.

No storage of chemicals shall be permitted within the floodplain.

Only necessary and needed structures will be permitted within the floodplain.

All structures within the flood zone shall be designed to withstand a one-hundred-year storm event.

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.

A closed loop system for drill cutting is preferred within the one-hundred-year flood fringe.

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.

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.

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.

The name of the local property representative and a telephone number at which that party can be reached on a twenty-four-hour basis.

The 911 address of the property.

The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.

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.

The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property.

Smoke detectors in each bedroom.

Smoke and carbon monoxide detectors outside each bedroom in common hallways.

Smoke and carbon monoxide detectors on each floor.

GFI outlets for outlets located within six feet of water source.

Aluminum or metal exhaust from dryer.

Fire extinguisher in kitchen conspicuously located.

Stairs (indoor and outdoor) in good condition.

Swimming pools, hot tubs and spas must meet the barrier requirements as indicated in the Pennsylvania Uniform Construction Code.