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Township of Rostraver, PA
Westmoreland County
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Table of Contents
Table of Contents
[Added 8-7-2019 by Ord. No. 715[1]]
[1]
Editor's Note: Former Art. VII, A-2 Rural Residential District, as amended, was repealed 8-6-2008 by Ord. No. 575.
The VR Village Residential District derives its purpose and authority from Article VII-A of the Pennsylvania Municipalities Planning Code, including the purposes set forth in that chapter, which are incorporated herein by reference. The VR Village Residential District is established under this authority to encourage urban infill and outgrowth or extension of the existing development together with activities that are compatible and normally associated in the Township's historic villages as empowered by § 702-A of the Pennsylvania Municipalities Planning Code.
A. 
Use permitted by right.
(1) 
Single-family dwelling.
(2) 
Duplex dwelling.
(3) 
Ambulance station.
(4) 
Church.
(5) 
Communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act,[1] subject to the requirements of § 195-81.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(6) 
Educational institution, commercial and noncommercial.
(7) 
Essential services.
(8) 
Fire station.
(9) 
Group residential facility.
(10) 
Municipal or neighborhood recreation.
(11) 
Public facility.
(12) 
Private garage under 999 square feet.
(13) 
Home occupation.
[Added 7-7-2021 by Ord. No. 739]
(14) 
School bus shelter.
[Added 7-7-2021 by Ord. No. 739]
B. 
Conditional use.
(1) 
Club/private club/lodge.
(2) 
Commercial recreation.
(3) 
Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act,[2] subject to the requirements of § 195-81.
[2]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(4) 
Conversion apartments.
(5) 
Eating and drinking establishments.
(6) 
Neighborhood commercial.
(7) 
Personal and business services, including artisan workspace, coworking space, live-work unit, and makerspace.
[Amended 7-7-2021 by Ord. No. 739]
(8) 
Pet grooming.
(9) 
Office.
(10) 
Tourist home and short-term rental.
[Amended 7-7-2021 by Ord. No. 739]
(11) 
Water-related recreation.
(12) 
Condominium.
[Added 12-21-2022 by Ord. No. 754]
C. 
Special exception.
(1) 
Blasting.
(2) 
Commercial parking lot.
(3) 
Condominium.[3]
[3]
Editor's Note: Former Subsection C(3), Condominium, was repealed 12-21-2022 by Ord. No. 754. See now Subsection B(12).
(4) 
Day care (all types).
(5) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection C(5), Home occupation, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(13).
(6) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection C(6), School bus shelter, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(14).
(7) 
Veterinary clinic.
D. 
Accessory use.
(1) 
Uses customary to principal use.
(2) 
Garden shelter.
(3) 
Home gardening.
(4) 
No-impact home-based business.
(5) 
Private garage over 1,000 square feet.
(6) 
Private swimming pool.
(7) 
Accessory solar energy system.
[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. 
Club/private club/lodge.
(1) 
The developer shall present a sketch plan that includes elevations or architectural perspectives and illustrates that the proposed building is architecturally compatible with the village neighborhood which is reviewed by the Township Planning Agency.
(a) 
Approval of a conditional use sketch plan does not constitute a land development approval under the Rostraver Township Subdivision and Land Development Ordinance, Chapter 175, or the Rostraver Township Stormwater Management Ordinance, Chapter 164.
(b) 
At the time of land development submission, the developer shall meet all applicable standards, including but not limited to the requirements for stormwater management and/or a traffic impact study.
(2) 
There shall be no outdoor display of goods or material associated with the sales service. All use activities shall be confined to the indoors unless specifically approved by conditional use.
(3) 
Lighting shall conform with § 195-81.2 of this chapter.
(4) 
The Commissioners may limit the hours of operation as a reasonable additional condition and safeguard.
(5) 
Signage shall conform with § 195-54 of this chapter.
(6) 
The developer shall show that parking requirements can be met on lot or through sufficient on-street parking within 400 feet of the proposed development. One parking space must be provided for every four patron seats.
(7) 
The club shall provide the Township with its articles of incorporation, purpose, and tax status as a fraternal organization or nonprofit.
(8) 
A detailed plan that discusses any proposed distribution of alcohol upon the premises and demonstrates compliance with all commonwealth regulations for the sale of alcohol.
B. 
Commercial recreation.
(1) 
The developer shall present a sketch plan that includes elevations or architectural perspectives and illustrates that the proposed building is architecturally compatible with the village neighborhood which is reviewed by the Township Planning Agency.
(a) 
Approval of a conditional use sketch plan does not constitute a land development approval under the Rostraver Township Subdivision and Land Development Ordinance, Chapter 175, or the Rostraver Township Stormwater Management Ordinance, Chapter 164.
(b) 
At the time of land development submission, the developer shall meet all applicable standards, including but not limited to the requirements for stormwater management and/or a traffic impact study.
(2) 
No more than 4,000 square feet of retail, service and/or sales space shall be permitted for each commercial recreation establishment.
(3) 
All storage and display of stock, equipment, refuse and other materials shall be within enclosed main or accessory structures.
(4) 
Fencing may be deemed necessary for purposes of safety and security.
(5) 
Parking requirements must be met per Article XVII, Parking and Loading Requirements, of this chapter.
(6) 
Lighting shall conform with § 195-81.2 of this chapter.
(7) 
Signage shall conform with § 195-54 of this chapter.
(8) 
The Commissioners may limit the hours of operation as a reasonable additional condition and safeguard.
C. 
Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act,[1] subject to the standards and criteria of Article XVIII, § 195-81, of this chapter.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
D. 
Conversion apartments.
(1) 
The purpose of this conditional use is to reasonably regulate the conversion of large, older single-family dwellings to multiple-family dwellings to meet the affordable housing needs of persons age 55 and older. The conversion must meet the following standards:
(a) 
The developer shall certify that tenancy is limited to persons age 55 or older as defined and interpreted pursuant to the Fair Housing Act and Housing for Older Persons Act.
(b) 
All applicable standards of § 195-14B of this chapter shall be met.
E. 
Eating and drinking establishments.
(1) 
The developer shall present a sketch plan that includes elevations or architectural perspectives and illustrates that the proposed building is architecturally compatible with the village neighborhood which is reviewed by the Township Planning Agency.
(a) 
Approval of a conditional use sketch plan does not constitute a land development approval under the Rostraver Township Subdivision and Land Development Ordinance, Chapter 175, or the Rostraver Township Stormwater Management Ordinance, Chapter 164.
(b) 
At the time of land development submission, the developer shall meet all applicable standards, including but not limited to the requirements for stormwater management and/or a traffic impact study.
(2) 
Hours of operation shall be limited from 7:00 a.m. to 10:00 p.m.
(3) 
Lighting shall conform with § 195-81.2 of this chapter.
(4) 
Signage shall conform with § 195-54 of this chapter.
(5) 
Drive-through windows shall not be permitted.
(6) 
No eating and drinking establishment shall exceed 4,000 square feet of gross floor area.
(7) 
Parking requirements must be met per Article XVII, Parking and Loading Requirements, of this chapter.
F. 
Neighborhood commercial.
(1) 
The developer shall present a sketch plan that includes elevations or architectural perspectives and illustrates that the proposed building is architecturally compatible with the village neighborhood which is reviewed by the Township Planning Agency.
(a) 
Approval of a conditional use sketch plan does not constitute a land development approval under the Rostraver Township Subdivision and Land Development Ordinance, Chapter 175, or the Rostraver Township Stormwater Management Ordinance, Chapter 164.
(b) 
At the time of land development submission, the developer shall meet all applicable standards, including but not limited to the requirements for stormwater management and/or a traffic impact study.
(2) 
There shall be no outdoor display of goods or material associated with the sales service.
(3) 
Lighting shall conform with § 195-81.2 of this chapter.
(4) 
The Commissioners may limit the hours of operation as a reasonable additional condition and safeguard.
(5) 
The developer shall show that parking requirements can be met on lot or through sufficient on-street parking within 400 feet of the proposed development. Two parking spaces must be provided for each commercial business.
(6) 
No newly constructed building shall be greater that 5,000 square feet of gross floor area.
(7) 
Signage shall conform with § 195-54 of this chapter.
G. 
Personal and business services, including artisan workspace, coworking space, live-work unit, and makerspace, subject to the standards and criteria of Article VII, § 195-17F, of this chapter.
[Amended 7-7-2021 by Ord. No. 739]
H. 
Pet grooming.
(1) 
The developer shall present a sketch plan that includes elevations or architectural perspectives and illustrates that the proposed building is architecturally compatible with the village neighborhood which is reviewed by the Township Planning Agency.
(a) 
Approval of a conditional use sketch plan does not constitute a land development approval under the Rostraver Township Subdivision and Land Development Ordinance, Chapter 175, or the Rostraver Township Stormwater Management Ordinance, Chapter 164.
(b) 
At the time of land development submission, the developer shall meet all applicable standards, including but not limited to the requirements for stormwater management and/or a traffic impact study.
(2) 
Fencing may be deemed necessary by the Commissioners for purposes of safety or security.
(3) 
Operational hours shall be limited to the hours between 7:00 a.m. and 9:00 p.m.
(4) 
There shall be no pets kept on the premises overnight.
(5) 
All lighting shall be designed and utilized in compliance with § 195-81.2.
(6) 
Signage shall conform with § 195-54 of this chapter.
I. 
Office, subject to the standards and criteria of Article VII, § 195-17F, of this chapter.
J. 
Tourist home and short-term rental.
[Amended 7-7-2021 by Ord. No. 739]
(1) 
The developer shall present a sketch plan that includes elevations or architectural perspectives and illustrates that the proposed building is architecturally compatible with the village neighborhood which is reviewed by the Township Planning Agency.
(a) 
Approval of a conditional use sketch plan does not constitute a land development approval under the Rostraver Township Subdivision and Land Development Ordinance, Chapter 175, or the Rostraver Township Stormwater Management Ordinance, Chapter 164.
(b) 
At the time of land development submission, the developer shall meet all applicable standards, including but not limited to the requirements for stormwater management and/or a traffic impact study.
(2) 
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.
(3) 
No event or gathering shall be permitted which involves outdoor amplified entertainment though use of any speaker system or sound amplification device. 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. The Rostraver Township Nuisance Ordinance, Chapter 124, shall apply.
[Amended 7-7-2021 by Ord. No. 739]
(4) 
There shall be no more than four guest rooms. No more than two transient guests (as defined) are permitted for each guest room, unless specifically permitted through a UCC occupancy permit. The intent of this use is to encourage small-scale lodging in villages where tourism is encouraged.
(5) 
Lighting shall conform with § 195-81.2 of this chapter.
(6) 
The developer shall show that parking requirements can be met on lot or through sufficient on-street parking within 400 feet of the proposed development. One parking space must be provided for each guest room.
(7) 
Signage shall conform with § 195-54 of this chapter.
(8) 
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.
[Added 7-7-2021 by Ord. No. 739]
(9) 
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.
[Added 7-7-2021 by Ord. No. 739]
(10) 
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.
[Added 7-7-2021 by Ord. No. 739]
(11) 
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.
[Added 7-7-2021 by Ord. No. 739]
(12) 
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:
[Added 7-7-2021 by Ord. No. 739]
(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.
(13) 
All short-term rentals and tourist homes shall be equipped with the following, including all standards of the Uniform Construction Code:
[Added 7-7-2021 by Ord. No. 739]
(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.
(14) 
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.
[Added 7-7-2021 by Ord. No. 739]
K. 
Water-related recreation.
(1) 
The use of land and structures established under this conditional use category shall be limited to riparian river sites.
(2) 
Land uses shall be limited to the following public and private activities:
(a) 
Boat marinas.
(b) 
Cruise and excursion centers for river-oriented recreation.
(c) 
Bait and fishing supplies.
(3) 
The developer shall present a sketch plan that includes elevations or architectural perspectives and illustrates that the proposed building is architecturally compatible with the village neighborhood which is reviewed by the Township Planning Agency.
(a) 
Approval of a conditional use sketch plan does not constitute a land development approval under the Rostraver Township Subdivision and Land Development Ordinance, Chapter 175, or the Rostraver Township Stormwater Management Ordinance, Chapter 164.
(b) 
At the time of land development submission, the developer shall meet all applicable standards, including but not limited to the requirements for stormwater management and/or a traffic impact study.
(4) 
Outdoor storage areas shall not be permitted to front directly on streets and shall be enclosed or screened, subject to the standards and criteria of Article XVIII, § 195-75G, of this chapter.
(5) 
No site or lot shall be used for any purpose or business that is considered dangerous or unsafe or that constitutes a nuisance or is noxious or offensive by reason of emission of dust, odor, smoke, fumes, vibration, radiation, noise or pollution potential.
(6) 
The total ground area of the site not covered by buildings, paved parking, interior roadways and service areas is to be landscaped. Yards are to be landscaped with grass or other planting materials, and all slopes are to be covered by grass or ground cover.
(7) 
Site access drives and parking areas shall consist of defined entrances and exits and shall have a minimum width of 20 feet.
(8) 
Any parking area with five or more spaces shall be surfaced with a paved, dust-free surface. Where feasible, all parking and vehicular site access shall be to the side or rear of a site. All parking areas shall be landscaped subject to the standards and criteria of Article XVII, § 195-64D, of this chapter.
(9) 
No more than 4,000 square feet of retail, service and/or sales space shall be permitted for each commercial recreation establishment.
(10) 
Lighting shall conform with § 195-81.2 of this chapter.
(11) 
Signage shall conform with § 195-54 of this chapter.
L. 
Condominium, as defined in Article III of this chapter.
[Added 12-21-2022 by Ord. No. 754]
(1) 
The developer shall present a sketch plan that includes elevations or architectural perspectives and illustrates that the proposed building is architecturally compatible with the village neighborhood which is reviewed by the Township Planning Agency.
(a) 
Approval of a conditional use sketch plan does not constitute a land development approval under the Rostraver Township Subdivision and Land Development Ordinance, Chapter 175, or the Rostraver Township Stormwater Management Ordinance, Chapter 164.
(b) 
At the time of land development submission, the developer shall meet all applicable standards, including but not limited to the requirements for stormwater management and/or a traffic impact study.
(2) 
At least two off-street parking spaces shall be provided for each dwelling unit, and such space shall be within 150 feet of any commonly used entranceway for such dwelling units.
(3) 
No structure shall b erected within 10 feet of another structure.
(4) 
The development shall provide an approved (PADEP) sanitary sewage disposal system of sufficient size and design to adequately serve the maximum designed capacity of the proposed residential units in the development in lieu of connection to an approved municipal sewage system.
(5) 
An approved municipal water system shall be provided to serve the maximum designed capacity of the proposed residential units.
A. 
Blasting subject to the standards and criteria of Article VI, § 195-14N, of this chapter.
B. 
Commercial parking lot subject to the standards and criteria of Article XII, § 195-38K, of this chapter.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding condominiums, was repealed 12-21-2022 by Ord. No. 754. See now § 195-17L.
D. 
Day care (all types).
(1) 
The developer shall present a sketch plan that includes elevations or architectural perspectives and illustrates that the proposed building is architecturally compatible with the village neighborhood which is reviewed by the Township Planning Agency.
(a) 
Approval of a special exception sketch plan does not constitute a land development approval under the Rostraver Township Subdivision and Land Development Ordinance, Chapter 175, or the Rostraver Township Stormwater Management Ordinance, Chapter 164.
(b) 
At the time of land development submission, the developer shall meet all applicable standards, including but not limited to the requirements for stormwater management and/or a traffic impact study.
(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. Operational hours shall be limited to the hours between 5:00 a.m. and 11:00 p.m.
(3) 
Safe off-street pickup and drop-off areas shall be provided at the site.
(4) 
Outdoor play areas shall be fenced to control access to adjacent properties and vehicular ways. This area shall be located to the side or rear of the lot and shall not include parking or driveway areas.
(5) 
All licenses and certifications required by state and/or county agencies shall be obtained as conditions precedent to granting of an occupancy permit.
(6) 
Nothing in these provisions shall apply to non-hire childcare and child-tending activities within the context of normal family and acquaintance situations.
(7) 
No more than six children shall be provided day-care services at any given time in a day-care/family home as defined in Article III of this chapter. Day-care center, as defined in Article III of this chapter, 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.
(8) 
Day-care centers shall comply with the current editions of the Uniform Construction Code (UCC) and any and all applicable state and county regulations.
(9) 
All lighting shall be designed and utilized in compliance with § 195-81.2.
(10) 
Signage shall conform with § 195-54 of this chapter.
E. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection E, Home occupation, was repealed 7-7-2021 by Ord. No. 739.
F. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection F, School bus shelter, was repealed 7-7-2021 by Ord. No. 739.
G. 
Veterinary clinic, subject to the standards and criteria of Article VI, § 195-14L, of this chapter.
The following requirements shall apply to the VR Village Residential Districts:
Use Category
Min. Lot Area
(sq. ft.)
Min. Lot Width
(ft.)
Min. Front Yard Setback
(ft. from ROW)
Min. Side Yard
(ft.)
Min. Rear Yard
(ft.)
Max. Bldg. Height
(ft.)
Max. Lot Coverage
Permitted Use:
Single-family dwelling
3,000
30
15
5
5
35
80%
Duplex dwelling
5,000
50
15
5
5
35
80%
Ambulance station
8,000
50
15
10
5
45
60%
Church
8,000
50
15
10
5
45
60%
Communications antenna
Subject to the requirements of § 195-81
Educational institution commercial and noncommercial
8,000
50
15
10
5
45
60%
Essential services
N/A
Fire station
8,000
50
15
10
5
45
60%
Group residential facility
5,000
50
15
5
5
35
80%
Home occupation
[Added 7-7-2021 by Ord. No. 739]
Standard for single-family dwelling shall apply
Municipal or neighborhood recreation
5,000
40
15
5
5
35
60%
Public facility
5,000
40
15
5
5
35
60%
Private garage under 999 sq. ft.
3,000
30
15
5
5
35
80%
School bus shelter
[Added 7-7-2021 by Ord. No. 739]
10-foot setback from all rights-of-way
Conditional Use:
Club/private club/lodge
8,000
50
15
10
10
35
60%
Commercial recreation
8,000
50
15
10
10
45
60%
Condominium
[Added 12-21-2022 by Ord. No. 754]
5,000
50
15
5**
5
35
80%
Conversion apartments
N/A
Eating and drinking establishments
8,000
50
15
10
10
35
60%
Neighborhood commercial
8,000
50
15
10
10
35
60%
Personal and business services
8,000
50
15
10
10
35
60%
Pet grooming
8,000
50
15
10
10
35
60%
Office
8,000
50
15
10
10
35
60%
Tourist home/short-term rental
[Amended 7-7-2021 by Ord. No. 739]
5,000
50
15
5
5
35
80%
Water-related recreation
8,000
50
15
10
10
35
60%
Special Exceptions:[1]
Blasting
N/A
Commercial parking lot
8,000
50
15
10
10
N/A
N/A
Day care (all types)
5,000
50
15
5
5
35
80%
Veterinary clinic
8,000
50
15
10
10
35
60%
NOTES:
**
There shall be no minimum side yard requirement at the common party wall. The minimum side yard setback for non-common party walls (any exterior wall not owned by both parties in common) shall be five feet.
[1]
Editor's Note: The entries for home occupation and school bus shelter were repealed 7-7-2021 by Ord. No. 739; the entry for condominium was repealed 12-21-2022 by Ord. No. 754.