Township of Rostraver, PA I-1 Light Industrial District

Research and testing labs.

[Amended 6-2-2010 by Ord. No. 601]

Business and sales offices.

Public facility.

[Amended 6-2-2010 by Ord. No. 601]

Automotive: sales and service.

Supply yard.

[Amended 6-2-2010 by Ord. No. 601]

[1]Artisan workspace.

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

Editor's Note: Former Subsection A(6), which listed distribution and beverage bottling as a use permitted by right, was repealed 6-2-2010 by Ord. No. 601.

[2]Coworking space.

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

Editor's Note: Former Subsection A(7), which listed packaging and delivery services as a use permitted by right, was repealed 6-2-2010 by Ord. No. 601.

[3]Makerspace.

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

[3]

Editor's Note: Former Subsection A(8), which listed printing and publishing as a use permitted by right, was repealed 6-2-2010 by Ord. No. 601.

Eating and drinking establishments.

[Amended 6-2-2010 by Ord. No. 601]

(Reserved)[4]

[4]

Editor's Note: Former Subsection A(10), which listed shops for custom and repair work as a use permitted by right, was repealed 6-2-2010 by Ord. No. 601.

Public utility buildings.

Essential services.

Ambulance station.

[Added 9-2-1998 by Ord. No. 387]

Communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act,[5] subject to the requirements of § 195-81.

[Added 9-5-2018 by Ord. No. 705[6]]

[5]

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

[6]

Editor’s Note: This ordinance also repealed former Subsection A(14), regarding essential communications antennas, and Subsection A(15), regarding commercial communications antennas, both added 5-7-1997 by Ord. No. 341.

(Reserved)

Fire station.

[Added 10-1-2008 by Ord. No. 577]

(17)

Bank.

[Added 4-1-2015 by Ord. No. 654]

(18)

Mini-storage facility.

[Added 4-1-2015 by Ord. No. 654]

(19)

Mobile home sales, service, and repair.

[Added 4-1-2015 by Ord. No. 654]

(20)

Motel/hotel.

[Added 4-1-2015 by Ord. No. 654]

(21)

Retail business.

[Added 4-1-2015 by Ord. No. 654]

(22)

Wholesale business.

[Added 4-1-2015 by Ord. No. 654]

(23)

Microbrewery/microdistillery.

[Added 6-6-2018 by Ord. No. 698]

(24)

Service station.

[Added 11-6-2019 by Ord. No. 717]

(25)

Shopping center.

[Added 11-6-2019 by Ord. No. 717]

(26)

Commercial parking lot.

[Added 8-5-2020 by Ord. No. 731]

(27)

Contractor's yard.

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

(28)

Light manufacturing and fabrication.

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

(29)

Warehouse.

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

Conditional use.

[Amended 12-4-2002 by Ord. No. 475]

(Reserved)[7]

[7]

Editor’s Note: Former Subsection B(1), Electronic variable message sign, was repealed 4-5-2006 by Ord. No. 545.

Billboard.

Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act[8] and communications towers, subject to the requirements of § 195-81.

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

[8]

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

Principal solar energy systems.

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

Special exception.

(Reserved)[9]

[9]

Editor's Note: Former Subsection B(1), Light manufacturing and fabrication, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(28).

(Reserved)[10]

[10]

Editor's Note: Former Subsection B(2), Warehouse, as amended 4-1-2015 by Ord. No. 654, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(29).

Transportation terminal.

[Amended 6-2-2010 by Ord. No. 601]

(Reserved)[11]

[11]

Editor's Note: Former Subsection C(4), which listed wholesale distribution as a special exception use, was repealed 6-2-2010 by Ord. No. 601.

(Reserved)[12]

[Amended 6-2-2010 by Ord. No. 601]

[12]

Editor's Note: Former Subsection B(5), Contractor's yard, as amended 6-2-2010 by Ord. No. 601, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(27).

(Reserved)[13]

[13]

Editor’s Note: Former Subsection C(6), regarding essential communications towers, added 5-7-1997 by Ord. No. 341, was repealed 9-5-2018 by Ord. No. 705.

(Reserved)[14]

[14]

Editor’s Note: Former Subsection C(7), regarding commercial communications towers, added 5-7-1997 by Ord. No. 341, was repealed 9-5-2018 by Ord. No. 705.

Blasting.

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

Educational institution, commercial.

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

(Reserved)[15]

[15]

Editor's Note: Former Subsection C(10), Commercial parking lot, added 5-4-2005 by Ord. No. 528, was repealed 8-5-2020 by Ord. No. 731.

Electronic variable message sign.

[Added 4-5-2006 by Ord. No. 545]

Gas and oil drill site.

[Added 6-1-2011 by Ord. No. 617]

Natural gas compressor station.

[Added 6-1-2011 by Ord. No. 617]

Natural gas processing plant.

[Added 6-1-2011 by Ord. No. 617]

Staging facility.

[Added 6-1-2011 by Ord. No. 617]

Oil and gas water storage facility.

[Added 6-1-2011 by Ord. No. 617]

Accessory use.

Uses customary to principal use. (See § 195-80, Design review requirement.)

Accessory solar energy systems.

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

§ 195-41 Conditional use provisions.

[Amended 12-4-2002 by Ord. No. 475]

(Reserved)[1]

Editor’s Note: Former Subsection A, Electronic variable message sign, was repealed 4-5-2006 by Ord. No. 545.

Billboard, subject to the standards and criteria of Article XVI, § 195-58H, of this chapter.

Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act[2] and communications towers, subject to the standards and criteria of Article XVIII, § 195-81, of this chapter.

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

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

Principal solar energy systems.

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

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.

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:

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 on-site transmission and plumbing lines shall be placed underground to the extent feasible.

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.

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.

Glare.

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.

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.

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.

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.

Decommissioning.

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.

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:

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.

Permit requirements.

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.

Minimum lot size is one acre.

Minimum setback from all property lines is 30 feet.

Ground-mounted PSES shall not exceed 20 feet in height.

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:

The area beneath the ground-mounted PSES is considered impervious cover.

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.

(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.

All ground-mounted PSES shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate following the standards of § 195-72 of this chapter.

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.

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.

(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.

§ 195-42 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, Light manufacturing and fabrication, was repealed 7-7-2021 by Ord. No. 739.

(Reserved)[2]

Editor's Note: Former Subsection B, Warehouse, as amended 4-1-2015 by Ord. No. 654, was repealed 7-7-2021 by Ord. No. 739.

Transportation terminal, subject to the standards and criteria of Article XII, § 194-37A(1), of this chapter.

[Amended 6-2-2010 by Ord. No. 601]

(Reserved)[3]

[3]

Editor's Note: Former Subsection D, which provided for wholesale distribution, was repealed 6-2-2010 by Ord. No. 601.

(Reserved)[4]

[4]

Editor's Note: Former Subsection E, Contractor's yard, as amended 6-2-2010 by Ord. No. 601, was repealed 7-7-2021 by Ord. No. 739.

(Reserved)[5]

[5]

Editor's Note: Former Subsection F, regarding essential communications towers, added 5-7-1997 by Ord. No. 341, was repealed 9-5-2018 by Ord. No. 705.

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

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

Educational institution, commercial, subject to the standards and criteria of Article XI, § 195-34B, of this chapter.

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

(Reserved)[6]

[6]

Editor's Note: Former Subsection I, regarding commercial parking lot, added 5-4-2005 by Ord. No. 528, was repealed 8-5-2020 by Ord. No. 731.

Electronic variable message sign, subject to the standards and criteria of Article XVI, § 195-55.1, of this chapter.

[Added 4-5-2006 by Ord. No. 545]

Gas and oil drill site, subject to the standards and criteria of Article VI, § 195-14S, of this chapter.

[Added 6-1-2011 by Ord. No. 617]

Natural gas compressor station.

[Added 6-1-2011 by Ord. No. 617]

A special exception shall be obtained for all natural gas compressor stations. 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:

Written permission from the property owner(s).

A written description of the character of the proposed operation, its timing and proposed duration, together with duplicates of maps and plans submitted to state and federal regulatory agencies or authorities for the issuance of necessary permits.

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 shall provide the Township with the name of the person supervising the compressor 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, as required by and filed with the PA DEP and a copy of the SARA Title III Tier II Chemical Inventory submitted to PENN SAFE.

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

A survey of the property showing all permanent facilities (tanks, buildings, pads 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).

(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.

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.

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.

Natural gas compressor stations shall only be permitted to occur on property with a minimum of five contiguous acres or larger.

In accordance with the appropriate Township ordinance, as amended, driveways accessing the compressor station shall be paved with an impervious material from the paved public street for a distance of 50 feet into the site. The impervious material shall be in place prior to the commencement of the compressor station.

All traffic shall enter and exit the site via designated driveway access points that connect with adjacent public rights-of-way. Said access points shall be approved by local, county, and PennDOT officials. Prior to initiating any work, the Township shall be provided a copy of the highway occupancy permit prior to commencing site development to access the site and for overweight vehicles.

All facilities, including the access road, shall be secured with a fence, in compliance with § 195-72, with a secured gate as follows:

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

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

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

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

The sign shall include the 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).[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.

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.

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

Dust, vibration, odors. All activities/operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance 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 site to avoid injury to persons living in the vicinity and are in compliance with § 195-74.

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 natural gas compressor station 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.

The noise generated during construction and operation of a natural gas compressor station 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.

Adjustments to noise limit. Adjustments to the noise limit described in Subsection L(8)(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.

If a complaint that the operator is violating the forgoing 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.

Exhaust from any internal combustion engine or compressor used or 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.

The compressors are required to be enclosed in a building with doors.

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.

All grading and filling shall be designed in compliance with § 195-70.

A zoning permit shall not be issued for any structure located 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:

Earth moving 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.

Permanent structures, whether principal or accessory, must comply with the maximum height regulation of 40 feet and be in compliance with § 195-73.

A natural gas compressor station, ancillary equipment and facilities shall be set back 600 feet from any existing structure, and 200 feet from the nearest property line.

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.

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, the applicant will make available an appropriate training program for first responders 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.

(17)

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.

(18)

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.

(19)

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.

Natural gas processing plant.

[Added 6-1-2011 by Ord. No. 617]

A special exception shall be obtained for all natural gas processing plants. 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:

Written permission from the property owner(s).

The applicant shall provide the Township with the name of the person supervising the processing plant 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, 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 all permanent facilities (tanks, buildings, pads, 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).

(h)

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.

Natural gas processing plant shall only be permitted to occur on property with a minimum of five contiguous acres or larger.

In accordance with the appropriate Township ordinance, as amended, driveways accessing the processing plant shall be paved with an impervious material from the paved public street for a distance of 50 feet into the site. The impervious material shall be in place prior to the commencement of the processing plant.

All facilities, including the access road, shall be secured with a fence, in compliance with § 195-72, with a secured gate as follows:

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

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

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

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

[8]

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.

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

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 natural processing plant if such methods are required in order to ensure such compliance.

[Amended 11-7-2018 by Ord. No. 706]

The noise generated during construction and operation of a natural gas processing plant 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.

Adjustments to noise limit. Adjustments to the noise limit described in Subsection M(8)(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.

If a complaint that the operator is violating the forgoing 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.

Exhaust from any internal combustion engine or compressor used or 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.

Compressors are required to be enclosed in a building with doors.

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.

All grading and filling shall be designed in compliance with § 195-70.

A zoning permit shall not be issued for any structure located 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 is discouraged but may be permitted if the following provisions are met:

Earth moving 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.

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.

Permanent structures, whether principal or accessory, must comply with the maximum height regulation of 40 feet and in compliance with § 195-73.

A natural gas processing plant, ancillary equipment and facilities shall be set back 600 feet from existing structure, and 200 feet from the nearest property line.

Should first response training become necessary, the applicant will make available an appropriate training program for first responders in coordination with Westmoreland County Public Safety.

Staging facility.

[Added 6-1-2011 by Ord. No. 617]

A special exception shall be obtained for all staging facilities. 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:

Written permission from the property owner(s).

The applicant shall be provided a list of all chemicals or waste products that will be stored on site.

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 special exception application.

The applicant must provide the Township with a list and description of all 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.

Vehicular access to a site solely via a local residential street is prohibited.

Vehicular access to a site via a collector street is permitted.

(h)

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.

Staging facilities shall only be permitted to occur on property with 32,000 square feet.

In accordance with the appropriate Township ordinance, as amended, driveways accessing the site shall be paved with an impervious material from the paved public street for a distance of 50 feet into the site. The impervious material shall be in place prior to the commencement of the facilities.

All traffic shall enter and exit the site via designated driveway access points that connect with adjacent public rights-of-way. Said access points shall be approved by local, county, and PennDOT officials. Prior to initiating any work at a site, the Township shall be provided a copy of the highway occupancy permit prior to commencing site development to access the site and for overweight vehicles.

In compliance with § 187-16, the applicant of the facility 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 facility.

No storage or parking shall be permitted in the required front, rear or side yard area.

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

Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance depending on the location of the operations/facility(ies) to adjacent residential properties and as more specifically set forth in § 195-74 of this chapter.

Oil and gas water storage facility.

[Added 6-1-2011 by Ord. No. 617]

A special exception shall be obtained for all water storage facilities that will contain frac/brine water. 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:

Written permission from the property owner(s).

A survey of the property showing all permanent facilities (tanks, ponds, 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).

Vehicular access to a site solely via a local residential street is prohibited.

Vehicular access to a site via a collector street is permitted.

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.

Water storage facilities shall only be permitted to occur on property with 20,000 square feet.

All traffic shall enter and exit the site via designated driveway access points that connect with adjacent public rights-of-way. Said access points shall be approved by local, county, and PennDOT officials. Prior to initiating any work at the site, the Township shall be provided a copy of the highway occupancy permit prior to commencing site development to access the site and for overweight vehicles.

In compliance with § 187-16, the applicant of the water storage facility 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 facility.

Dust, vibration, odors. All activities/operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance with § 195-74.

Complete site restoration within one year following the termination of the use of a facility for water storage in accordance with PA DEP regulations. Topsoil must remain on site so it can be put back during the restoration of the site.

All impoundments shall be secured with a fence, in compliance with § 195-72, with a secured gate as follows:

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 impoundment pond is removed.

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

All applicants for a special exception shall reimburse Rostraver Township all reasonable and necessary 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.

§ 195-43 Lot, area and dimensional requirements.

The following requirements shall apply in I-1 Light Industrial 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][2]
Research and testing	20,000	75	50	25	25	40	50%
Offices	5,000	60	25	15	15	40	50%
Public facility [Amended 6-2-2010 by Ord. No. 601]	5,000	60	25	15	15	65	50%
Auto sales and service [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	25	25	65	50%
Supply yard [Amended 6-2-2010 by Ord. No. 601]	20,000	75	50	25	25	40	50%
Restaurants	5,000	60	25	15	15	40	50%
Public utility buildings	5,000	60	25	15	15	40	50%
Essential services	5,000	60	25	15	15	40	50%
Ambulance station [Added 9-2-1998 by Ord. No. 387]	5,000	60	25	15	15	40	50%
Communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act[3] [Added 2-23–2000 by Ord. No. 421; amended 9-5-2018 by Ord. No. 705]	Subject to the requirements of § 195-81
Fire Station [Added 10-1-2008 by Ord. No 577]	5,000	60	25	15	15	40	50%
Bank [Added 4-1-2015 by Ord. No. 654]	5,000	60	25	15	15	40	50%
Mini-storage facility [Added 4-1-2015 by Ord. No. 654]	32,000	100	50	25	25	40	50%
Mobile home sales, service and repair [Added 4-1-2015 by Ord. No. 654]	32,000	150	50	25	25	40	50%
Motel/hotel [Added 4-1-2015 by Ord. No. 654]	32,000	150	50	25	25	65	50%
Retail business [Added 4-1-2015 by Ord. No. 654]	5,000	100	50	15	15	65	50%
Wholesale business [Added 4-1-2015 by Ord. No. 654]	32,000	150	50	25	25	65	50%
Microbrewery/microdistillery [Added 6-6-2018 by Ord. No. 698]	5,000	60	25	15	15	40	50%
Service station [Added 11-6-2019 by Ord. No. 717]	20,000	100	50	25	25	65	50%
Shopping center [Added 11-6-2019 by Ord. No. 717]	32,000	150	50	25	25	65	50%
Commercial parking lot [Added 8-5-2020 by Ord. No. 731]	32,000	100	50	25	25	40	50%
Artisan workspace [Added 7-7-2021 by Ord. No. 739]	5,000	60	25	15	15	40	50%
Coworking space [Added 7-7-2021 by Ord. No. 739]	5,000	60	25	15	15	40	50%
Makerspace [Added 7-7-2021 by Ord. No. 739]	5,000	60	25	15	15	40	50%
Contractor's yard [Added 7-7-2021 by Ord. No. 739]	32,000	150	50	25	25	65	50%
Light manufacturing and fabrication [Added 7-7-2021 by Ord. No. 739]	20,000	75	50	25	25	65	50%
Warehouse [Added 7-7-2021 by Ord. No. 739]	20,000	75	50	25	25	65	50%
Conditional Use:
Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act[4] and communications towers [Added 9-5-2018 by Ord. No. 705]	Subject to the requirements of § 195-181
Principal solar energy systems [Added 5-6-2020 by Ord. No. 728]	1 acre	75	30	30	30	NA	30%
Special Exception:[5][6][7][8]
Wholesale [Amended 4-1-2015 by Ord. No. 654]	20,000	75	50	25	25	40	50%
Transportation terminal [Amended 12-29-2008 by Ord. No 580; 6-2-2010 by Ord. No. 601]	32,000	150	50	25	25	65	50%
Blasting [Added 4-2-2003 by Ord. No. 483]	Subject to the requirements of § 195-14N
Educational institution, commercial [Added 4-2-2003 by Ord. No. 483; amended 12-29-2008 by Ord. No 580]	32,000	100	50	25	25	65	50%
Gas and oil drill site [Added 6-1-2011 by Ord. No. 617]	Subject to the requirements of § 195-14S
Natural gas compressor station [Added 6-1-2011 by Ord. No. 617]	Subject to the requirements of § 195-42L
Natural gas processing plant [Added 6-1-2011 by Ord. No. 617]	Subject to the requirements of § 195-42M
Staging facility [Added 6-1-2011 by Ord. No. 617]	32,000	150	50	25	25	40	50%
Oil and gas water storage facility [Added 6-1-2011 by Ord. No. 617]	20,000	75	50	25	25	40	60%

Editor's Note: The entries for distribution and bottling, packaging and delivery, printing and publishing, and shops/custom, repair were repealed 6-2-2010 by Ord. No. 601.