Township of Rostraver, PA R-1 Single-Family Residential District

Single-family dwelling.

Accessory uses.

Essential services

Communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act,[1] subject to the requirements of § 195-81.

[Added 9-5-2018 by Ord. No. 705[2]]

Editor’s Note: See 53 P.S. § 11702.1 et seq.

Editor’s Note: This ordinance also repealed former Subsection A(4), regarding essential communications antennas, and Subsection A(5), regarding commercial communications antennas, both added 5-7-1997 by Ord. No. 341.

Educational institution, noncommercial.

[Added 7-7-2021 by Ord. No. 739]

Municipal or neighborhood recreation.

[Added 7-3-2002 by Ord. No. 462]

No-impact home-based business. (See definition.)

[Added 2-5-2003 by Ord. No. 482]

School bus shelter.

[Added 7-7-2021 by Ord. No. 739]

Conditional use.

Day-care/family.

Planned residential development.

(Reserved)[3]

Editor's Note: Former Subsection B(3), which listed municipal recreation as a conditional use, was repealed 7-3-2002 by Ord. No. 462. See now Subsection A(6).

(Reserved)[4]

[4]

Former Subsection B(4), which listed public buildings as a conditional use, as amended, was repealed 6-2-2010 by Ord. No. 601. See now Subsection C(7).

Chicken coop and chicken run/pen.

[Added 1-20-2016 by Ord. No. 667]

Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act,[5] subject to the requirements of § 195-81.

[Added 9-5-2018 by Ord. No. 705]

[5]

Editor’s Note: See 53 P.S. § 11702.1 et seq.

Special exception.

(Reserved)[6]

[6]

Editor's Note: Former Subsection C(1), Educational institution, noncommercial, as amended 4-2-2003 by Ord. No. 483, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(5).

Group residential facility.

Home occupation.

(Reserved)[7]

[7]

Editor's Note: Former Subsection C(4), School bus shelter, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(8).

Blasting.

[Added 4-2-2003 by Ord. No. 483]

Church.

[Added 4-2-2003 by Ord. No. 483]

Public facility.

[Added 4-2-2003 by Ord. No. 483; amended 6-2-2010 by Ord. No. 601]

Model home.

[Added 5-4-2005 by Ord. No. 528]

Accessory use examples (not limited to the following):

Garden shed/shelter.

Home gardening.

Private garage.

Private swimming pool.

Other uses customary to principal use.

Accessory solar energy system.

[Added 5-6-2020 by Ord. No. 728]

§ 195-21 Conditional use provisions.

The following conditional uses may be authorized by the Township Commissioners pursuant to the standards and criteria specified herewith:

Day-care/family, subject to the standards and criteria of Article VI, § 195-13A, of this chapter.

Planned residential development. Planned residential development may be established to supplement zoning in order to encourage innovations in residential development, pursuant to the standards herein and the procedures specified in the Pennsylvania Municipalities Planning Code, Act 247, as amended December 21, 1988.[1]

The application process for approval of planned residential development as a conditional use shall be consistent with Act 247, as amended, and shall consist of the following steps:

An application for tentative approval shall be filed by or on behalf of the landowner.

All planning matters shall be determined by the Township Planning Agency.

[Amended 8-7-2002 by Ord. No. 468]

Within 60 days after filing of the application, a public hearing shall be held by the Township Commissioners.

Within 60 days following conclusion of the public hearing, an official written communication shall be transmitted to the landowner which either:

Grants tentative approval;

Grants approval, subject to conditions; or

Denies approval.

Tentative approval shall not qualify a plat for recording nor authorize the issuance of any permits.

Following tentative approval, an application for final approval may be submitted for the entire development site or incremental parts thereof.

(g)

Public hearings on applications for final approval shall not be required, provided that the application is in compliance with the tentative plan previously given approval.

(h)

The Township Commissioners shall act on the application for final approval within 45 days of filing.

The application for tentative approval shall include the following:

A location map of the site at a scale no smaller than one inch equals 100 feet, showing boundaries, road systems and land uses within 1/2 mile of the site perimeter.

A site plan of the project which shall define the location of proposed uses; state the acreage by proposed use; show density of dwelling units; include street system plans for traffic and vehicular parking; include plans for sewage disposal system, stormwater and other utilities; delineate the location of recreation facilities, open spaces and site amenities; and show proposed lot lines and plat designs.

Additional documentation shall include the following: the form of organization proposed to own and maintain common facilities and open space; the substance of covenants, grants of easements or other restrictions to be imposed; a written statement by the landowner setting forth the reasons why, in his or her opinion, a planned residential development would be in the public interest.

Application elements cited in items B(2)(a) and (b) above shall be prepared by a registered landscape architect, architect or civil engineer.

Applications for final approval shall include any drawings, specifications, covenants, easements, performance bonds and other such requirements as may be specified by local officials at the time of tentative application approval.

The following requirements shall govern the approval and development of all planned residential developments in the Township of Rostraver.

The minimum land area for a planned residential development shall be 10 contiguous acres.

The developer shall provide within the planned development, a sanitary sewage disposal system which shall be of sufficient size and design to collect and dispose of all sewage from all present and projected development in the planned development and shall be constructed and maintained in conformity with the statutes and regulations of the State Department of Environmental Protection and all local regulations.

The developer shall provide within the planned development a storm drainage system which shall comply with Chapter 164 of the Code of the Township of Rostraver to dispose of all surface water runoff within the entire development.

[Amended 7-2-2003 by Ord. No. 495]

Water service from a certified public utility (water system) shall be supplied to each structure and facility to be erected in the development. Evidence of a commitment from said utility shall be supplied to the Township Commissioners consistent with Article VII of Act 247, as amended.[2]

Editor's Note: See 53 P.S. § 10101 et seq.

Permitted uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes:

Single-family detached dwelling.

Townhouse units.

Apartment buildings (not to exceed three stories in height).

Public or private park or recreation which may include golf courses, swimming pools, tennis courts, ski slope, toboggan run, ice skating rink and similar uses approved by the Township Commissioners.

Schools.

Church, parsonage or convent.

(g)

Model home.

[Added 5-4-2005 by Ord. No. 528]

(h)

Accessory building or structure unless prohibited by declaration of covenants of the plan.

[Added 5-4-2016 by Ord. No. 675]

(i)

Duplex dwelling.

[Added 12-21-2022 by Ord. No. 754]

(j)

Condominium.

[Added 12-21-2022 by Ord. No. 754]

Within a planned residential development, the following percentages of the total land area shall be devoted to the specified uses listed herewith:

A maximum of 80% for residential use; land devoted to residential use shall be deemed to include housing sites and streets, parking areas, private open spaces and courts that abut and service residences or groups of residences.

A minimum of 20% for open air recreational uses and other usable open space. "Usable open space" shall be defined as open areas designed and developed for use by the occupants of the development for recreation and related leisure purposes. These spaces shall be readily accessible and effectively separated from automobile traffic and parking.

Residential density shall not exceed four dwelling units per gross acre of land within the development.

There shall be no minimum lot size, setbacks, percentage of lot coverage or lot width, except as specified below.

Every dwelling unit shall have access to a public street, court, walkway or other area dedicated to public use.

No structure or group of related structures shall be erected within 25 feet of any other structure or group of structures.

There shall be a yard setback of at least 50 feet along the perimeter of each planned residential development tract and adjacent to all adjoining roads.

No structure shall exceed three stories in height.

There shall be no continuous structure of townhouses containing more than six dwelling units.

Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate convenants running with the land or by conveyances or dedications.

(9)

In cases where the Township will not be accepting dedications of streets, recreation areas or open spaces, the landowner shall provide for an organization or trust for ownership and maintenance. In the event of default, the Township may assume control and the resulting costs may be assessed against the properties that have right of enjoyment of these spaces and facilities as specified by applicable state statutes (Act 247, as amended).[3]

Editor's Note: See 53 P.S. § 10101 et seq.

(10)

The dimensions and construction of roads and parking areas within the development, whether or not dedication to the Township is contemplated, shall conform with all applicable Township ordinances and regulations.

Editor's Note: See 53 P.S. § 10101 et seq.

(Reserved)[4]

[4]

Former Subsection C, which provided for municipal recreation, was repealed 7-2-2003 by Ord. No. 495.

(Reserved)[5]

[5]

Former Subsection D, which provided for public buildings, as amended, was repealed 6-2-2010 by Ord. No. 601.

Chicken coop and run/pen. The keeping of female chickens is only permitted as an accessory to any single-family dwelling. Roosters are prohibited. Chickens must be kept in a coop, chicken run/pen, or fenced area at all times.

[Added 1-20-2016 by Ord. No. 667]

Minimum lot area shall be one acre.

[Added 1-20-2016 by Ord. No. 667]

Any structure over 200 square feet will need a zoning permit.

[Added 1-20-2016 by Ord. No. 667]

Chicken coops, runs, and pens are only permitted in the rear yard.

[Added 1-20-2016 by Ord. No. 667]

Any coop or enclosure for the chickens must be located a minimum of 25 feet from any lot line.

[Added 1-20-2016 by Ord. No. 667]

Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act,[6] subject to the standards and criteria of Article XVIII, § 195-81, of this chapter.

[Added 9-5-2018 by Ord. No. 705]

[6]

Editor’s Note: See 53 P.S. § 11702.1 et seq.

§ 195-22 Special exception provisions.

The following special exceptions may be authorized by the Zoning Hearing Board, pursuant to the standards and criteria specified herewith:

(Reserved)[1]

Editor's Note: Former Subsection A, Educational institution, noncommercial, as amended 4-2-2003 by Ord. No. 483, was repealed 7-7-2021 by Ord. No. 739.

Group residential facility, subject to the standards and criteria of Article VI, § 195-14F, of this chapter.

Home occupation.

[Amended 7-7-2021 by Ord. No. 739]

A home occupation that involves an activity or operation that is construed as being capable of adversely influencing surrounding residential uses through any of the following conditions shall not be permitted:

Changes the external appearance of the dwelling.

Is visible from surrounding properties or the adjacent street.

Generates traffic, parking or other congestion in excess of normal levels in the neighborhood.

Creates hazards to persons or property.

Creates interference or a nuisance.

Involves outside storage, display or operations.

The accessory use shall be located in the principal dwelling or an accessory building. The accessory use shall be limited to not more than 30% of the ground floor area of the principal dwelling structure, nor more than 50% of one accessory building. The total area utilized for home occupation activities shall not exceed 400 square feet.

Signs shall be limited to the provisions of this chapter for the district in which the home occupation is located.

Only members of the family residing on the premises shall be engaged in such occupation, plus one nonfamily assistant may be employed.

Off-street parking requirements for home occupations shall be provided on the immediate site and to the rear of the required front yard setback line. A minimum of two off-street spaces shall be provided in addition to normal residential requirements.

Activities shall be limited to the following types and categories of use:

Professional, technical or business pursuits that involve only office-related functions and practices.

Light handicrafts, sewing, photography and objects of art.

Teaching instruction, limited to groups of no more than four students at any one time.

Small appliance and minor equipment repair and servicing, including saws and private residential lawn equipment.

Beautician, barber and similar services, limited to facilities for service to no more than one client at any given time.

The following types and categories of use shall not be authorized as home occupations:

Automotive repair and painting.

Day care.

Eating and drinking establishment.

Tourist home and short-term rental.

Any proposed home occupation that is not specifically cited as an acceptable activity [Subsection C(6) of this section] or as not acceptable [Subsection C(7) of this section] may be submitted to the Zoning Hearing Board for consideration as a special exception.

(Reserved)[2]

Editor's Note: Former Subsection D, School bus shelter, was repealed 7-7-2021 by Ord. No. 739.

Blasting, subject to the standards and criteria of Article VI, § 195-14N, of this chapter.

[Added 4-2-2003 by Ord. No. 483]

Church, subject to the standards and criteria of Article VI, § 195-14P, of this chapter.

[Added 4-2-2003 by Ord. No. 483; amended 6-2-2010 by Ord. No. 601]

Public facility, subject to the standards and criteria of Article VI, § 195-14P, of this chapter.

[Added 4-2-2003 by Ord. No. 483; 6-2-2010 by Ord. No. 601]

Model home, subject to the standards and criteria of Article VI, § 195-14R, of this chapter.

[Added 5-4-2005 by Ord. No. 528]

§ 195-23 Lot, area and dimensional requirements.

The following requirements shall apply in R-1 Single-Family Residential Districts:

Use Category	Min. Lot Area (sq. ft.)	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:[1]
Municipal or neighborhood recreation [Added 7-3-2002 by Ord. No. 462; amended 9-1-2010 by Ord. No. 606]	10,000	100	25	20	20	45	NA
Single-family dwelling [Amended 9-1-2010 by Ord. No. 606]	10,000	100	25	10	15	45	40%
Communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act[2] [Added 2-23-2000 by Ord. No. 421; amended 9-5-2018 by Ord. No. 705]	Subject to the requirements of § 195-81
Educational institution, noncommercial [Added 7-7-2021 by Ord. No. 739]	1 acre	100	50	25	25	45	40%
School bus shelter [Added 7-7-2021 by Ord. No. 739]	10-foot setback from all rights-of-way
Conditional Use:
Day-care/family	*	*	*	*	*	*	*
Planned unit residential	Subject to requirements of § 195-21B
Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act[3] [Added 9-5-2018 by Ord. No. 705]	Subject to requirements of § 195-81
Special Exception:[4]
Group residential facility	*	*	*	*	*	*	*
Home occupation [Amended 7-7-2021 by Ord. No. 739]	Standard for single- family dwelling shall apply
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	100	50	25	25	45	40%
Model home [Added 5-4-2005 by Ord. No. 528]	Subject to the requirements of a single-family dwelling

NOTES:
*	Standard for principal use shall apply
NA	Not applicable

Editor's Note: The entry for municipal recreation was repealed 7-3-2002 by Ord. No. 462. The entry for public buildings was repealed 6-2-2010 by Ord. No. 601.

Editor’s Note: See 53 P.S. § 11702.1 et seq.