[Amended 1-13-1983 by Ord. No. 97; 5-31-1989 by Ord. No. 118; 12-9-1996 by Ord. No. 181; 4-13-2009 by Ord. No. 284]
A.
Identified area; effect on other provisions; zoning permits.
(1)
The identified floodplain area shall be any areas of Harris Township,
subject to the one-hundred-year flood, which is identified as Zone
A (Area of Special Flood Hazard) in the Flood Insurance Study (FIS)
dated May 4, 2009, and the accompanying maps or the most recent revision
thereof as issued by the Federal Emergency Management Agency, including
all digital data developed as part of the Flood Insurance Study.
(2)
This section supersedes any other conflicting provisions which may
be in effect in identified floodplain areas. However, any other ordinance
provisions shall remain in full force and effect to the extent that
those provisions are more restrictive. If there is any conflict between
any of the provisions of this section, the more restrictive shall
apply.
(3)
Zoning permits shall be required before any construction or development
is undertaken within floodplain area of the Township.
B.
Description of floodplain areas.
(1)
The identified floodplain area shall consist of the following specific
areas:
(a)
FW (Floodway Area): the areas identified as "Floodway" in the
AE Zone in the Flood Insurance Study prepared by the FEMA. The term
shall also include floodway areas which have been identified in other
available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.
(b)
FF (Flood-Fringe Area): the remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
study, where a floodway has been delineated. The basis for the outermost
boundary of this area shall be the one-hundred-year flood elevations
as shown in the flood profiles contained in the Flood Insurance Study.
(c)
FE (Special Floodplain Area): the areas identified as Zone AE
in the Flood Insurance Study, where one-hundred-year flood elevations
have been provided, but no floodway has been delineated.
(d)
FA (General Floodplain Area): the areas identified as Zone A
in the FIS for which no one-hundred-year flood elevations have been
provided. When available, information from other federal, state, and
other acceptable sources shall be used to determine the one-hundred-year
elevation, as well as a floodway area, if possible. When no other
information is available, the one-hundred-year elevation shall be
determined by using a point on the boundary of the identified floodplain
area which is nearest the construction site in question.
(2)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
(3)
Within any FW (Floodway Area), the following provisions apply:
(a)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
Regional Office.
(c)
No variances shall be granted by the Harris Township Zoning
Hearing Board for any development in the floodway that would result
in increased flood heights.
(4)
Within any FE (Special Floodplain Area), no new construction or development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the elevation of the
one-hundred-year flood more than one foot at any point.
(5)
Within any identified floodplain area, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the one-hundred-year
flood elevation, or be designed and constructed so that the space
enclosed by such structure shall remain either completely or essentially
dry during any flood up to that height.
(6)
Any nonresidential structure, or part thereof, having a lowest floor
which is not elevated up to, or above, the one-hundred-year flood
elevation, shall be floodproofed in a completely or essentially dry
manner in accordance with the W1 or W2 space classification standards
contained in the publication entitled "Flood-Proofing Regulations"
published by the U.S. Army Corps of Engineers (June 1972, as amended
March 1992) or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the above-referenced standards.
C.
Permitted uses. Floodplains may only be used for the following, provided such uses do not conflict with the limitations of Subsection D below:
(1)
The tilling of land, the raising of crops, fruits and vegetables,
and the raising and keeping of livestock and poultry;
(2)
Horticultural uses related to the raising, propagating, and selling
of trees, shrubs, flowers and other plant materials;
(3)
Forestry uses related to the harvesting of lumber products;
(4)
Public and private conservation areas for the conservation of open
space, water, soil and wildlife resources;
(5)
Park and recreational areas, including golf courses and driving ranges
in districts where permitted;
(6)
Essential services, provided such facilities are designed and built
to minimize and eliminate flood damage and infiltration, and are designed
and built to applicable University Area Joint Authority and State
College Borough Water Authority specifications;
(7)
Retaining walls, flood retention dams, culverts, and bridges as permitted
by the Pennsylvania Department of Environmental Protection; and
(8)
Customary uses accessory to the above.
D.
Use limitations. The uses permitted in Subsection C are limited as follows:
(1)
All buildings, even if customarily associated with the uses permitted,
are prohibited, except park shelters;
(2)
All other uses are prohibited, including but not limited to the following,
which are not interpreted as being customary accessory uses: filling
in of the floodplain or wetland or relocation of any watercourse;
sanitary landfill or dumping of any kind; fences, except two-wire
fences which will not impede, retard or change the direction of the
flow of water or catch or collect debris carried by such water; outdoor
storage of materials which are buoyant, flammable, explosive, or those
hazardous materials listed in Section 38.7 of the Pennsylvania Department
of Community and Economic Development's Floodplain Management Regulations,
16 Pa. Code, Section 38.7, as amended or supplemented; and on-site
sewage disposal systems.
(3)
No activity or development shall be allowed within an identified
floodway or portion of the floodplain which would cause any increase
in flood levels during the one-hundred-year flood.
(4)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent communities which may be
affected by such action have been notified by the Township, and all
required permits or approvals first have been obtained from the Department
of Environmental Protection. In addition, the Federal Insurance Administrator
and the Pennsylvania Department of Community and Economic Development
or its successor shall be notified by the Township prior to any watercourse
alteration.
E.
Site plan review. All applications for zoning permits for lots, uses, and structures located within a floodplain or wetland or 100 feet therefrom shall submit, along with the application, a site plan as required in Article IX of this chapter. The site plan shall include the elevation of the lowest floor of the structure, the elevation of the one-hundred-year flood and certification by an engineer of any required floodproofing measures.
F.
Development in floodplains and wetlands. It shall be the duty of
any landowner or developer applying for a permit for development in
a floodplain as designated in the Flood Insurance Study and accompanying
Flood Insurance Rate Map (FIRM), or in a wetland designated by the
Fish and Wildlife Service National Wetlands Inventory Maps, the 1995
Natural Resource Map prepared by the Centre Regional Planning Commission
or on-site investigation to present evidence that all other necessary
governmental permits, including those required by state and federal
laws, have been obtained. This may include permits required by the
Pennsylvania Sewage Facilities Act, No. 537 of 1965;[1] the Pennsylvania Dam Safety and Encroachment Act of 1979;[2] the Pennsylvania Flood Plain Management Act No. 166 of
1978;[3] and the Federal Water Pollution Control Act Amendments
of 1972, Section 404, 33 U.S.C. § 1334; as amended.
(1)
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
(a)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from
all points;
[2]
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
[4]
Be no steeper than one vertical to two horizontal feet unless
substantiated data, justifying steeper slopes are submitted to, and
approved by the Township; and
[5]
Be used to the extent to which it does not adversely affect
adjacent properties.
(b)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(c)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(d)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(e)
Streets. The finished elevation of all new streets shall be
no more than one-foot below the regulatory flood elevation.
(f)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of flood water.
(g)
Anchoring.
[1]
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
[2]
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(h)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
[2]
Plywood used at or below the regulatory flood elevation shall
be of a "marine" or "water-resistant" variety.
[3]
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
[4]
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(i)
Paints and adhesives.
[1]
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
[2]
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water resistant variety.
[3]
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(k)
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(l)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(2)
In accordance with the Pennsylvania Flood Plain Management Act,[4] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which: will be used for the production or storage
of any of the following dangerous materials or substances; or, will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or, will involve
the production, storage, or use of any amount of radioactive substances,
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
[4]
Editor's Note: See 32 P.S. § 679.101 et seq.
(3)
Within any floodplain area, any new or substantially improved structure
of the kind described above shall be prohibited.
(4)
The provisions of this section do not require any changes or improvements
to be made to lawfully existing structures. However, when an improvement
is made to any existing structure, the following provisions shall
apply:
(a)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
(b)
No expansion or enlargement of an existing structure shall be
allowed within any FE area that would, together with all other existing
and anticipated development, increase the one-hundred-year flood elevation
more than one foot at any point.
(c)
Any modification, alteration, reconstruction, or improvement,
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this section.
(d)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
G.
No modification or revision of any floodplain area shall be made
without approval of the Federal Insurance Administrator.
H.
No modification or revision of any wetland area shall be made without
the approval of a qualified wetlands expert, after completion of an
on-site investigation, a copy of which shall be provided to Harris
Township.
I.
FLOOD
FLOODPLAIN
(1)
(2)
(3)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWATERS
FLOODWAY
IDENTIFIED FLOODPLAIN AREA
ONE-HUNDRED-YEAR FLOOD
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL PERMIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A temporary inundation of normally dry land areas.
The limits of the floodplain conservation regulations are
hereby determined to be areas subject to periodic inundation by floodwaters
or runoff as delineated in the Flood Insurance Study (FIS) and accompanying
Flood Insurance Rate Map (FIRM) for Harris Township, as prepared by
the Federal Emergency Management Agency.
Areas subject to periodic inundation by floodwaters shall include:
all flood hazard areas indicated as zones A, E, AE, AH, or AO on the
aforementioned Flood Hazard Rate Maps; and all wetlands as defined
herein and by both state and federal regulations.
All proposed development within areas classified as hydric or
hydric inclusive soils by the Soil Survey of Centre County, Pennsylvania,
prepared by the U.S. Department of Agriculture, shall provide a wetlands
delineation prepared by a qualified wetlands expert and be subject
to review and acceptance by Harris Township.
Excluded from the definition of floodplain are: all lands within
such areas designated above to which the natural flow of floodwaters
or runoff within drainage swales has been prevented because of lawful
alterations to such areas by roads, dams, or other obstructions; and
all lands which, prior to the passage of this section as part of the
Code by Ordinance No. 97, January 13, 1986, were filled with earth
to an elevation greater than that of the boundary of the natural floodplain
drainage swale as shown on said maps.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Waters which escape from streams or other bodies of water
and over low adjacent lands, as distinct from runoff.
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
section, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
The floodplain area specifically identified in this section
as being inundated by the one-hundred-year flood.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals of exceeds 25%
of the market value of the structure before the damages occurred.
A special approval which is required for hospitals, nursing
homes, jails and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
[Amended 10-9-1995 by Ord. No. 168; 3-14-2022 by Ord. No. 348]
All land having slopes of 15% or greater shall be subject to
the following regulations:
A.
Intent. It is the intent of this section to control the development
of land in areas containing slopes 15% or greater for the following
purposes:
B.
Development shall not be permitted on slopes of 15% to 24.99% or
greater unless a geotechnical evaluation, prepared by a licensed professional
engineer, has been submitted and includes an engineering design that
allows for the mitigation of any identified soil limitations on which
development is proposed.
C.
Permitted uses. Steep slopes of 25% or greater shall be prohibited
from development, except when a tract primarily or completely contains
slopes of no less than 25% or access to a tract cannot be achieved
without development on slopes of 25% or greater. Such slopes may be
used as permitted by the district regulations within which they are
located, subject to the following requirements:
(1)
Where it is necessary to use steep slopes to permit development of a lot as described in § 12-7.2C, all such proposals shall, in addition to other applicable regulations of this chapter, be in accordance with the following principles of development:
(a)
Where development on slopes of 25% or greater is required in
order to provide vehicular access to a property, the proposed location
and design of the access shall provide the least practicable disturbance
to slopes of 25% or greater located on the tract, as approved by the
Township Engineer.
(b)
Development shall be oriented so that grading, cutting, filling
and similar site preparations are minimized.
(c)
Where such grading is essential, it shall complement the natural
topography and be phased, if necessary, to prevent excessive exposure
of unprotected land.
(d)
Installation of any vehicular access shall be completed as soon
as possible after grading and in no case later than the end of the
construction season when the work began.
(e)
Areas around structures shall be landscaped to blend them with
the natural landscape.
(f)
Measures shall be taken to minimize erosion and sedimentation
and to limit increases in stormwater runoff in accordance with related
regulations of the Township and the Commonwealth of Pennsylvania.
D.
Site plan review. All applications for zoning permits for lots, uses, and structures located, in whole or in part, on land with steep slopes shall include, along with the application, the approved site plan as required by Article IX of this chapter. Such applications shall also include an approved stormwater management plan if required by Chapter 13, Stormwater Management, of the Harris Township Code, and a copy of an erosion and sedimentation control plan as required by the Pennsylvania Department of Environmental Protection.
All uses of land and structures shall be prohibited which:
A.
Produce heat or vibration perceptible by human senses beyond the
lot line.
B.
Produce glare from any process which emits harmful ultraviolet rays,
including arc welding and acetylene torch cutting, perceptible beyond
the lot line.
C.
Produce electromagnetic radiation or radioactive emissions injurious
to human beings, animals, or vegetation, or which interfere with the
use of any other property.
The outdoor storage of materials shall be subject to the following
requirements:
A.
All outdoor storage of fuel, raw materials, and products, except
finished products for retail sale to the public, in any Commercial
or Industrial District, or in the Village District, shall be completely
screened from view from any public right-of-way and Residential District
by a sight-obscuring evergreen planting, fence or wall.
B.
All discarded organic rubbish or garbage stored outdoors shall be
placed in watertight, verminproof containers.
All methods and plans for the disposal of sewage and wastes
shall be designed in accordance with regulations of the Pennsylvania
Department of Environmental Protection pertaining thereto. A required
sewage permit issued by the Township Sewage Enforcement Officer or
University Area Joint Authority shall be a prerequisite to the issuance
of a zoning permit.
[Amended 10-13-1997 by Ord. No. 180]
A.
Residential lighting.
(1)
All outdoor lighting fixtures shall be designed and directed so as
to prevent direct light from shining onto the property of any neighbor
or onto any public street or sidewalk. All luminaires designed for
entryway safety and decorative purposes on residential buildings and
structures with lamps of 800 lumens (60 watts incandescent) or less
do not require fixtures that cut off direct light from view.
[Amended 4-8-2019 by Ord. No. 337]
B.
Nonresidential lighting.
(1)
All nonresidential properties that provide outdoor lighting shall
design such lighting so as to prevent a direct view of the light source
(bulb) from any location off of the property by means of shielding,
decreased pole height, or any other means determined to be acceptable
to the Township. All luminaires designed for entryway safety and decorative
purposes on nonresidential buildings and structures with lamps of
1600 lumens (100 watts incandescent) or less do not require fixtures
that cut off direct light from view.
[Amended 4-8-2019 by Ord. No. 337]
(2)
At the time of application for a zoning permit, a lighting plan showing
proposed wattage, light fixture design, pole height, anticipated lighting
pattern, and any other information deemed necessary by the Township
shall be submitted for review and approval.
(3)
At no time shall direct light from any nonresidential property be
permitted to shine onto another property or onto any public street
or sidewalk.
C.
Illumination
of outdoor canopies. The following regulations shall apply to the
illumination of all outdoor canopies associated with any residential
or nonresidential use or structure:
[Added 4-8-2019 by Ord. No. 337]
(1)
All
luminaires mounted on or recessed into the lower surface of any outdoor
canopy shall be fully shielded and utilize flat lenses. Such shielding
must be provided by the fixture itself; shielding by surrounding structures
such as canopy edges is not permitted.
(2)
The
internal illumination of any outdoor canopy facade is prohibited.
Unless otherwise regulated by this chapter, any vacant portion
of a lot not in use shall be planted with grass or similar vegetation,
and/or trees and shrubs, except for farm uses and gardens left vacant
outside the growing season.
[Amended 6-20-1984 by Ord. No. 101]
Every building hereafter erected or moved shall be on a lot
adjacent to a public street or with motor vehicle access to a public
street via a private street. The intent of the following regulations
is to provide safe and convenient access for servicing, fire protection,
traffic circulation, and required off-street parking.
A.
On arterial streets, access for each lot shall be limited to not
more than two driveways for the 300 feet of frontage or fraction thereof,
and one driveway for each additional 300 feet of frontage. On all
other streets, access shall be provided by not more than one driveway
for the first 50 feet of frontage or fraction thereof, and one driveway
for each additional 50 feet of frontage.
B.
No driveway shall be closer to the side or rear property line than
five feet, unless the two adjoining property owners mutually agree
to a common driveway.
C.
Driveways which provide access to all uses other than detached and
semidetached dwellings shall have a throat width of not less than
12 feet or greater than 24 feet, and the curb return radius shall
not be less than 13 feet or greater than 15 feet.
D.
In the R-3, RO, C-1, I-1, and I-2 Districts, all driveways shall
enter a public street right-of-way at least 100 feet from the intersection
with another public street, except for intersections of two or more
arterial streets, in which case the minimum distance shall be at least
200 feet. In all other districts, all driveways shall enter a public
street right-of-way at least 50 feet from its intersection with another
public street of any classification. If the lot width is insufficient
to provide for the required distance, access shall be as far from
the intersection as the lot and other provisions of this chapter will
permit. For all cases cited above, the distance in which access is
prohibited shall be measured from the tangent of the curb return of
the intersection street cartway to the tangent of the curb return
of the driveway, but shall not include, in measurement, any portion
of either curb return.
E.
If two or more driveways of the same lot enter a public street right-of-way,
the distance between the entrances of the driveways shall be at least
50 feet.
F.
Driveways are prohibited from intersecting with Main Street in the
Village District from any lot which has access on another public street
or alley.
[Amended 10-2-1985 by Ord. No. 104; 9-14-1987 by Ord. No. 109; 10-13-1997 by Ord. No. 187; 5-14-2001 by Ord. No. 211; 4-12-2004 by Ord. No. 244]
Off-street parking and loading spaces shall be provided and
maintained for each use and structure hereafter established, erected,
altered, or extended in accordance with the provisions of this section:
A.
General regulations.
(1)
All required off-street parking spaces shall be used solely for the
parking of motor vehicles by residents, visitors, patrons, or employees.
Two or more motor vehicles without current and valid inspection stickers
as required by the Commonwealth of Pennsylvania shall not be parked
or stored on any lot unless within completely enclosed buildings,
except in the General Industrial District as part of a permitted auto
wrecking, junk, and scrap establishment.
(2)
Location.
(a)
All required parking spaces shall be located on the same lot as the
use they serve, except that:
[1]
The owner of two or more abutting lots may locate the use on one
lot and the parking space required for the use on another of his abutting
lots; or
[2]
Two or more abutting property owners may locate the parking space
required for their uses on any of their lots if:
[a]
The lot(s) providing the parking space abuts the lot(s) containing
the use(s) it serves;
[b]
All of the affected lots are in the same zoning district;
[c]
The total number of spaces provided is not less than the sum
of spaces required for all the uses;
[d]
Means of pedestrian access is provided from the parking space
to the uses so that pedestrians are not required to traverse property
owned by other than said property owners, except where public sidewalks
may provide the access; and
[e]
That a lease, easement, or other form of agreement be executed
among said property owners assuring use of the required parking spaces
until or unless the required parking spaces are located on the same
lot as the use they serve; or
[3]
In the Village District, the parking spaces required for a use of
a lot may be located on another lot, provided:
[a]
The lot on which the parking is located is in the
Village Commercial District or in the Village District.
[Amended 8-15-2018 by Ord. No. 332]
[b]
The lot on which the parking is provided is within 66 feet of
the lot on which the use is located; and
[c]
That a lease, easement, or other form of general agreement be
executed among the owners of the lot on which the use and parking
are located assuring the use of the required parking spaces until
or unless the required parking spaces and the use which the parking
spaces serve are located on the same lot.
(b)
In all cases above, both lots shall be included in the application
for a zoning permit.
(c)
All parking spaces and lots open to the sky (i.e., not in garages and carports) shall be located no closer than five feet from any property line, except for abutting property lines of two or more lots exercising the options for common parking stipulated in Subsection A(2) above.
(d)
All covered parking spaces and lots, including garages and carports, shall not be located within any yard setback area, except when permitted as an accessory building regulated in § 12-2.4A(1) of this chapter.
(3)
Existing facilities. Parking spaces and lots serving structures and
uses in existence at the date of the adoption of this chapter shall
not be subject to the requirements of this section as long as the
kind or extent of use is not changed, provided that any parking facility
now serving such structures or uses shall not in the future be reduced
below such requirements, or if already below such requirements, be
reduced further.
(4)
Change in requirements. Whenever there is an alteration or extension of a use or structure which increases the parking requirements according to Subsection B below, the total additional parking required for the alteration or extension shall be provided in accordance with the requirements of this subsection.
(5)
Surfacing. All required off-street parking spaces and aisles shall be covered with asphalt or concrete, except those uses exempted from this requirement in rural zoning districts where alternate pervious materials are permitted. Regardless of the zoning designation for spaces and aisles which are not of the parking lot as herein defined, this may include gravel or other crushed stone. All impervious surface parking lots shall have parking spaces designated with a four-inch yellow or white stripe painted the entire length of each space in accordance with the dimensional requirements stipulated in Subsection B below.
[Amended 3-14-2022 by Ord. No. 348]
(a)
Impervious sections. Asphalt parking lots shall consist of 1.5
inches minimum depth ID-2 wearing course (9.5 mm Superpave PG 64-22),
2.5 inches minimum depth ID-2 Binder Course (25.0 mm Superpave PG
64-22), or three inches minimum depth bituminous concrete base course
(25.0 mm Superpave PG 64-22), and 2A subbase (minimum depth four inches).
A pavement section design must be submitted to the Township for review
and comment for parking facilities where a high percentage of heavy
vehicles is anticipated. Concrete parking lots may be either plain
cement concrete or reinforced concrete (Class AA) on a 2A subbase
(minimum depth six inches). Depth of concrete shall be determined
by the design engineer and must be submitted to the Township for review
and comment.
(b)
Pervious sections. Pervious sections for parking facilities
may be used in rural zoning districts, provided that the parking facility
is to be used for infrequent, seasonal, or event parking and is outside
of Township right-of-way.
[1]
Pervious bituminous pavement section shall consist of an open-graded
coarse aggregate base course, AASHTO #1 or AASHTO #2, for example,
choked in with a smaller-sized open-graded coarse aggregate, AASHTO
#57 or AASHTO #67, for example, overlaid with an open-graded bituminous
pavement. Subsurface drainage must consist of an underdrain pipe system
or other means of eliminating the runoff that has infiltrated through
the pervious pavement. Infiltration capacity of the subgrade must
be certified by a qualified geotechnical professional if the infiltration
capacity of the subgrade is the only method provided for the removal
of water. The design of the pervious pavement section along with all
appropriate calculations must be submitted to the Township for review
and comment.
[2]
Turf pavers or "hardscaping" shall consist of a compacted coarse
aggregate base with sand bedding on which open-grid concrete blocks
are seated. The voids of the blocks are to be filled with topsoil,
appropriate high-traffic grass seed and soil supplements. The construction
method shall be in conformance with the manufacturer's recommended
installation guidelines. The design, including evaluation of the suitability
of the existing soil and manufacturer's cut sheets and recommended
installation, shall be submitted to the Township for review and comment.
[3]
Stabilized turf shall consist of coarse aggregate such as PennDOT
2A and topsoil along with appropriate soil supplements. Minimum depth
of the stabilized turf to be eight inches. Design of stabilized turf
shall be prepared by a qualified professional and must include evaluation
of suitability of in situ soils and documentation of past projects
using the proposed design.
B.
Required off-street parking spaces. All uses and structures shall
provide off-street parking spaces in an amount equal to, or greater
than, the number listed below. The total number of parking spaces
necessary for two or more uses, whether primary or accessory, on the
same lot shall be the sum of that required for each use.
[Amended 4-9-2012 by Ord.
No. 302; 12-10-2012 by Ord. No. 305; 8-15-2018 by Ord. No. 332; 3-14-2022 by Ord. No. 348]
(1)
Dimensions. Each required off-street parking space shall be at least
nine feet wide and 18 feet long if set at an angle to the access aisle,
or eight feet wide and 24 feet long if parallel to the access aisle.
(2)
Number and computations. In computing the required number of spaces,
all fractional numbers shall be increased to the next highest integer.
When computation is based on the number of employees, the number employed
during the largest work shift shall be used.
|
Use
|
Number of Required Spaces
|
|---|---|
|
Residential Uses
| |
|
Structures with less than 4 dwelling units
|
2 per dwelling unit
|
|
Structures with more than 4 dwelling units
|
1.5 per dwelling unit
|
|
Commercial Uses
| |
|
All retail and service establishments except those
specified below
|
1 per 250 square feet of gross floor area
|
|
Furniture stores, contractor's equipment, farm
equipment and feed sales, boat and marine, mobile home, motor vehicle,
and monument burial vault and casket sales
|
1 per 400 square feet of gross floor area, plus 1 per 3,000
square feet of outside sales area
|
|
Automobile service station
|
1 per 400 square of gross floor area, 1 per fuel pump, plus
1 per bay if the station provides for repairs or service
|
|
Barbers and beauticians
|
1 space per 150 square feet of gross floor area or 2 spaces
per barber or styling chair, whichever is less
|
|
Car wash
|
1 per wash bay plus 1 per 250 square feet of gross floor area
(not including wash bays)
|
|
Mortuary
|
1 space for every 50 square feet of floor area in the parlors
of the establishments, plus 1 space for every 300 square feet of remaining
gross floor area
|
|
Bowling alleys
|
3 per lane plus 1 per 350 square feet of gross floor area (not
including lanes)
|
|
Billiard parlors, table tennis, pinball machines,
or similar amusement enterprises
|
1 per 350 square feet of gross floor area
|
|
Arenas, stadiums, auditoriums, theaters, roller
rinks, ice rinks, and dance halls
|
1 per 175 square feet of gross floor area
|
|
Business, professional, and financial offices
|
1 per 300 square feet of gross floor area
|
|
Medical and dental offices, clinics
|
1 per 300 square feet of gross floor area
|
|
Eating and drinking establishments
|
1 per 100 square feet of gross floor area
|
|
Hotels, motels, and bed-and-breakfast facilities
|
1.25 per room, 1 per 300 square feet of assembly/conference
rooms and banquet facilities, plus such spaces as are required for
eating and drinking establishments
|
|
Nursing homes, personal care homes, and other convalescent
homes
|
1 space per 3 beds plus 1 per employee
|
|
Industrial Uses
| |
|
All industrial uses except those specified below
|
1 per 1,000 square feet of gross floor area and outside operations
(excluding storage)
|
|
Auto wrecking, junk, and scrap establishments
|
1 per 5,000 square feet of indoor/outdoor storage area plus
1 space each 300 square feet of office area
|
|
Freight and trucking terminals, moving and storage,
parcel delivery and express transfer stations, and wholesale distributors
and warehouses
|
1 per 2,000 square feet of gross floor area
|
|
Industrial park
|
1 per 300 square feet of gross floor area
|
|
Public and Quasi-Public Uses
| |
|
Ambulance, taxi, and limousine service
|
1 per vehicle maintained on the premises plus 1 per 300 square
feet of gross floor area
|
|
Bus passenger station
|
1 per 250 square feet of gross floor area
|
|
Child day-care center
|
1 per 350 square feet of gross floor area
|
|
Churches and other places of worship
|
1 per 125 square feet of gross floor area plus any spaces required
for office, child care, and other accessory uses
|
|
Clubs, lodges, fraternal organizations
|
1 per 100 square feet of gross floor area
|
|
Commercial cemeteries
|
25 plus 1 per employee
|
|
Golf courses and driving ranges
|
2 per tee
|
|
Hospitals
|
1 per 400 square feet of gross floor area
|
|
Public libraries, museums, art galleries, visitor
centers
|
1 per 800 square feet of gross floor area
|
|
Schools:
| |
|
Institutions of higher education and postsecondary
schools
|
1 per 500 feet of gross floor area, plus any additional spaces
necessary for administrative offices and dormitories
|
|
Nursery, kindergarten, elementary
|
1 per 600 square feet of gross floor area
|
|
Secondary schools
|
1 per 500 square feet of gross floor area
|
|
Group home
|
5 spaces
|
|
Community center or halfway house
|
1 space per 150 square feet of gross floor area
|
|
Public and private recreation uses in the rural zones. The requirement for impervious parking areas contained in Subsection A(5)(a) of this section may not be appropriate for certain recreation uses that may occur in the Township's rural zoning districts. The following uses are permitted and encouraged to utilize mud-free, stabilized off-street parking areas within the rural zoning districts. These parking areas can utilize alternate pervious material, in accordance with standards outlined in Subsection A(2)(b). Handicapped parking spaces within the exempted parking areas are required to utilize impervious materials, in accordance with standards outlined in Subsection A(5)(a).
| |
|
Animal boarding kennels
|
1 space per 250 square feet of office space plus 1 space per
1,000 square feet of animal holding areas
|
|
Go-cart race track, miniature golf
|
1 per go-cart, 2 per golf tee, plus 1 space per 250 square feet
of office area
|
|
Batting cages, skate park, ice rink
|
1 space per machine, 1 space per 4 seats or 1 space per 4 persons,
based on maximum design capacity
|
|
Public/private recreation area
|
25 spaces per established field/activity area
|
|
Campground, Camp Stores
|
1 space per campsite plus 1 space per 250 square feet of office
area; For camp stores: 1 space per 250 square feet of gross floor
area; No less than 2 spaces shall be provided for any camp store,
regardless of square footage
|
|
Archery range (indoor or outdoor)
|
1 space per target plus 1 space per 250 square feet of office
area
|
|
Rifle, pistol, skeet or shotgun range
|
1 space per stand or shooting station plus 1 space per 250 square
feet of office area
|
|
Horse riding stables and academies
|
1 space per horse stall plus 1 space per employee; 1 space per
4 persons for indoor arenas based on maximum capacity
|
|
Nature education center
|
1 per 3 persons based on maximum design capacity
|
|
Landscape contractor business
|
1 space per 250 square feet of gross floor area plus 1 space
per 3,000 square feet of outside storage and staging areas
|
|
Agritainment enterprises
|
1 off-street parking space per 350 square feet of floor area
and 1 space for every 1,000 square feet of outdoor related activities.
A minimum of 5 off-street parking spaces must be provided for any
agritainment enterprise.
|
C.
Parking lots. For the purposes of this chapter, parking lots are defined as facilities providing off-street parking space for five or more motor vehicles. All parking lots shall meet the design and maintenance standards specified below. All applications for a zoning permit to use land, in whole or in part, as a parking lot as herein defined shall be accompanied by a site plan as stipulated in Article IX.
(1)
Dimensions. All parking spaces shall comply with the dimensions specified in Subsection B above. The minimum dimensions of all aisles providing access to parking lot spaces shall be as follows:
|
Aisle Width
| |||
|---|---|---|---|
|
Angle of Parking Space to Aisle
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|
Parallel
|
12
|
20
| |
|
30° (150°)
|
12
|
20
| |
|
45° (135°)
|
15
|
20
| |
|
60° (120°)
|
18
|
20
| |
|
90°
|
24
|
24
| |
(a)
No portion of any parking space shall intrude into the required
aisle width. For aisles providing access to parking spaces set at
angles other than those specified above, the required aisle width
shall be that of the nearest specified angle of parking. If equidistant
from specified angles, the greatest aisle width of the two nearest
angles shall apply.
(2)
Obstructions. Parking lots shall be designed to permit each motor
vehicle to proceed to and from all unoccupied parking spaces without
requiring the moving of any other parked motor vehicle.
(3)
Ingress and egress. Entrance and exit driveways and aisles linking parking lots to public streets shall comply with the standards for motor vehicle access stipulated in § 12-7.8 of this article. Parking spaces shall be designed to prevent motor vehicles from backing onto a public street in order to leave a lot.
(4)
Location and yard; requirements. All parking lots shall meet the location requirements stipulated in Subsection A(2) above. All yards surrounding the parking lot, exclusive of driveways providing ingress and egress to the lot, shall be bordered by a curb six inches high along the sides of the yard area abutting the parking lot, including spaces and aisles. Such curb may consist of bumpers at the end of each parking space. Setback areas shall be planted with grass or similar vegetative material and may include shrubs, fences, or walls, provided they are not placed closer than three feet from any parking space.
(5)
Structures. Utility poles, light standards, and similar structures
shall not be permitted within any aisle or parking space. Any structure
located elsewhere within a parking lot shall be surrounded on all
sides abutting the spaces or aisles by a curb six inches high, separated
from the structure by at least three feet, the distance to be measured
from the broadest point on each side exclusive of any portion greater
than 10 feet from the ground.
(6)
Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway. The raised islands shall be bordered by a curb six inches high wherever it abuts a space or aisle, and shall be at least 10 feet wide and extend the length of the parking space and/or bay. The islands shall be planted with grass, shrubs, or similar vegetative materials, and may be combined with crushed stone. Utility poles and light standards are permitted within the raised islands, provided they are separated from the spaces and aisles as required in Subsection C(5) above.
(7)
Maintenance. All parking lots shall be kept free of litter and trash.
Any vegetative material required herein which dies shall be replaced
as soon as recommended seasonal conditions occur for the replacement
of the species.
D.
Loading regulations. Space for the loading and unloading of vehicles
shall be provided when required below. Each required space shall be
at least 12 feet in width, 45 feet in length, and have a vertical
clearance of at least 14 feet. Spaces shall be located no closer than
10 feet from a public right-of-way and five feet from any other lot
line, and shall be paved with an all-weather material.
(1)
One off-street loading space is required for all nonresidential uses
with a floor area of at least 5,000 square feet but less than 20,000
square feet. For nonresidential uses which have a floor area of 20,000
square feet or more, one additional space shall be provided for each
additional 20,000 square feet or fraction thereof.
(2)
Required off-street parking spaces shall not be used for loading
and unloading purposes, except during hours when business operations
are suspended.
(3)
All required loading and unloading spaces shall be located on the
same property as the use they serve.
E.
Public
transit facilities.
[Added 11-9-2015 by Ord.
No. 322]
(1)
Public
transit facilities shall be a permitted use in all zoning districts
in Harris Township in accordance with the provisions of this section.
(2)
Public
transit facilities may be incorporated into any new or existing development
subject to the review and approval of Harris Township and the Centre
Area Transportation Authority. The appropriateness, design and location
of these facilities shall be based on ADA (Americans with Disabilities
Act) standards and the operational requirements of the Centre Area
Transportation Authority or its successor.
(3)
Public
transit facilities shall be maintained in good repair, and the provider
shall be responsible for the cleaning, repairing or replacement of
any part thereof, including walkways, curbs or foundations encompassed
by the public transit facility.
(4)
A
transit shelter may be located within the right-of-way of a public
street, provided:
(a)
The transit shelter provider shall be responsible for the construction,
maintenance, permits, fees and removal of said shelter.
(b)
Transit shelters may be equipped with lighting that improves the
safety and security of waiting passengers. Transit shelter lighting
shall be designed such as to prevent the direct view of the light
source (bulb) from any location outside of the public right-of-way
by any means determined to be acceptable by the Township.
F.
Accessible parking spaces. Accessible parking spaces that comply
with the Americans with Disabilities Act shall be provided as follows:
[Added 8-15-2018 by Ord.
No. 332]
(1)
The number of accessible spaces required shall be calculated as follows:
|
Total Parking in Lot
|
Required Minimum Number of Accessible Spaces
|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2% of total
|
|
1,001 and over
|
20, plus 1 for each 100 over 1,000
|
(2)
One of every six accessible parking spaces or fraction thereof, but
no less than one, must be "van-accessible." Van-accessible spaces
and access aisles shall comply with the Americans with Disabilities
Act.
(3)
Each required accessible parking space shall be denoted by a ground
pole sign bearing the international handicapped symbol, and the pavement
of each required space shall also be marked with the international
symbol in accordance with state regulations.
(4)
Parking lots shall be designed so that all buildings served by the
parking lot are accessible by persons with disabilities. Curbing shall
be depressed at strategic locations for ease of access, spaces shall
be located as close as possible to entrance(s) of a proposed use and
grades shall be such that they can be traversed by a person confined
to a wheelchair.
(5)
Refer to the Americans with Disabilities Act as amended for additional
design criteria. If a conflict exists between these requirements for
handicapped accessible spaces and the Americans with Disabilities
Act regulations, the stricter shall apply.
[Amended 9-12-1992 by Ord. No. 145; 3-11-2002 by Ord. No. 220]
The following regulations shall apply to all properties located
within 660 feet of the center line of the rights-of-way of SR 0045
within the boundaries of Harris Township, as illustrated on the Harris
Township Zoning Map. The Corridor Overlay District (COD) regulations
shall apply to all development activities that occur within the designated
area. All site plans, subdivision plans and land development plans
submitted to the Township for review and approval, whether for residential
of nonresidential development, shall be required to address the regulations
contained in this section.
A.
Traffic impacts. A traffic impact study shall be submitted for all
plans, as described above, within the COD. Prior to the completion
of the traffic study, the applicant shall provide a copy of the plan
to the Centre Regional Planning Agency (CRPA), the Pennsylvania Department
of Transportation (PennDOT), and Township staff to allow these entities
to identify an acceptable scope of the work for the study. All recommendations
shall be considered prior to plan approval.
B.
Access. An important goal of the COD is to promote safety within
the Township's major transportation corridors by preventing unmanaged
ingress and egress points along these corridors. To accomplish this,
access to arterial streets within the COD shall be from the lowest
classification street possible. The following priority system shall
be used to provide access to properties within the COD:
(1)
An existing street of lesser classification than the arterial
street.
(2)
A service/marginal access street, loop street or cul-de-sac
street approved by the Township that connects to the arterial street.
(3)
Directly onto the arterial street, provided that access to each
lot shall be limited to not more than one driveway for each 200 feet
of frontage. If multiple access points exist prior to the submission
of the plan, a design shall be implemented which reduces the number
of access points to the arterial street.
C.
Landscaping. A detailed landscape plan shall be submitted to the
Township for all plans within the COD. The landscape plan shall identify
all existing trees that will be preserved on-site, as well as the
type, number and size of trees and shrubs that will be planted. The
landscape plan shall also address the following landscape requirements.
(1)
Buffer yards.
(a)
To determine the amount of landscape plantings to be provided within the front, side and rear yard areas, the buffer yard provisions of Table 1 of Chapter 12, which establishes land use classifications and associated required plantings, shall be utilized. For the purposes of applying these buffer yard requirements, arterial roadways shall be considered a Class IV land use. Existing trees may be preserved and counted toward the required buffer yard plantings.
(b)
Any trees planted in required buffer yards must be warranted
for a three-year period, meaning those that die must be replaced with
trees meeting the standards contained herein.
(2)
Landscape islands. Raised landscape islands shall be installed
within all off-street parking areas in the COD. One raised island
shall be required for every 10 parking spaces. Each landscape island
shall be equal to the length and width of a standard parking space
and shall contain two canopy shade trees in a minimum of two-and-one-half-inch
caliper measured 12 inches above ground level.
(3)
Tree preservation.
(a)
An inventory of existing trees shall be provided with all plans
for development within the COD showing the location, size and type
of trees larger than six-inch caliper measured 12 inches above the
ground. All such trees shall be preserved unless site characteristics
such as utility location, access needs, etc. prohibit the preservation
of existing trees; any such trees removed must be replaced with trees
not less than 1/3 the size of the removed trees with a maximum size
of three-inch caliper.
(b)
Any trees planted as replacements for trees removed over six-inch
caliper, as described above, shall be warranted for a three-year period,
meaning those that die must be replaced with trees meeting the standards
contained herein.
(4)
Design requirements. All portions and sides of buildings located
within the COD that have walls visible from a street within the COD
shall be surfaced with the same and/or compatible materials as are
used on the designated fronts of the buildings. Site plan elevation
drawings shall be required for all visible surfaces and shall include
a description of the exterior surface building materials. All rooftop
mechanical systems shall be screened by fencing or other means.
(5)
(6)
Pedestrian and bicycle access. The Township shall require pedestrian/bicycle
sidewalks or paths along and through properties within the COD. Prior
to submission of a plan, the applicant shall provide a written request
to the CRPA for input on pedestrian/bicycle facilities on-site. If
access to an adjacent pedestrian way or bikeway is required, the paved
connection shall be not less than 10 feet in width. In addition, parking
lots within the COD shall be designed to promote safe separation of
pedestrian and vehicular traffic.
[Added 4-12-1993 by Ord.
No. 148]
Provided with every zoning permit application, the site plan
shall include the following studies and/or plan information if relevant
to the site:
A.
Ambient sound level.
B.
Vegetative and/or wall screening of the facility from adjacent properties
and roads.
C.
Odors emitted from the facility.
D.
Emergency vehicle access.
E.
Vibrations produced by the facility.
F.
Off-site interference attributed to the facility.
G.
Traffic generated by the facility and access.
H.
If fencing and lighting are included with the site plan, they must
be shown on the plan.
[Added 10-9-1995 by Ord.
No. 168]
A.
Zero lot line dwellings, as defined in Article XI, are permitted in the Single-Family Residential District and in the rural zoning districts when utilizing the open space - rural clustering regulations or the village lot option for a conservation design subdivision.
[Amended 3-14-2022 by Ord. No. 348]
[Added 3-26-2008 by Ord.
No. 277; amended 7-11-2011 by Ord. No. 295; 3-14-2022 by Ord. No. 348]
A.
The Natural Areas (NA) District development requirements are intended
to provide land use and land use development controls along the ridge
corridors in the Township. If a conflict exists between the regulations
of this section and the underlying Natural Areas District regulations,
the more restrictive requirements shall apply.
B.
Intent.
(1)
The majority of properties located within the Natural Areas
District are predominantly comprised of slopes of 15% or greater,
potentially unstable soils, and natural and environmental features.
It is the intent of the requirements set forth hereinafter to:
(a)
Provide for the reasonable use of slopes in the Natural Areas
District while ensuring development will not induce soil erosion,
require excessive grading, increase slope instability, or create sewage
disposal problems;
(b)
To guard against property damage and personal injury, and to
minimize the potential for erosion, slope failure, stream siltation,
increased runoff, flooding and contamination of surface waters caused
by the adverse effects of site preparation and construction on slopes;
(c)
To seek to conserve forested areas that are important parts
of the ecological cycle, providing for groundwater recharge, air pollution
reduction and wildlife habitats;
(d)
To maintain the ecological integrity of steeply sloped areas
which could be adversely affected by disturbances; and
(e)
To protect and retain natural springs, wetlands and major drainage
channels that are important parts of the hydrological cycle, affecting
water quality, water quantity, aquatic habitats and public water supplies.
C.
Applicability of regulations. This Section shall be applied to all
properties located in the Natural Areas District as depicted on the
Official Zoning Map of Harris Township.
D.
Site plan review. A site plan, as described by Article IX, shall be submitted and approved prior to submission of a zoning permit application for lots, uses, and structures located in whole or in part on land located within the Natural Areas District. Site plans must include soils mapping information based on the NRCS's Web Soil Survey, noting all soil types that are classified as "very limited." An approved site plan shall be recorded in the office of the Recorder of Deeds of Centre County prior to issuance of a zoning permit.
E.
Federal and state permits. It is recommended that the need for any
federal and state permits be investigated, and that such permits be
obtained, prior to moving forward with any development plans within
the district.
F.
Criteria for erection of a habitable structure on an existing lot.
For the construction of a habitable structure on a lot existing at
the time of adoption of these regulations, and when no subdivision
or land development is proposed or required, the following criteria
shall apply:
(1)
The site plan, as per Subsection D, must identify the location of all soil types and classifications and slopes of 15% or greater as well as delineate the portion of the lot which encompasses the buildable area, which shall be considered the same as the area of potential land disturbance that includes the footprint of the structure and any accessory structure or outbuilding, the access, parking, and, if necessary, the on-lot disposal system.
(2)
In addition, a note must be placed on the plan which will alert
future property owners to the potential for sinkholes, flooding and
drainage issues, as well as the possibility for development of the
lot to require special design or construction considerations to mitigate
the limitations imposed by the soils and/or slopes.
(3)
Perennial and intermittent streams. No land disturbance which
would involve the construction of a habitable structure or the installation
of a driveway which is used for access to a habitable structure may
occur within 50 feet of a perennial or intermittent stream.
(4)
Floodplain. No land disturbance which would involve the construction
of a habitable structure or the installation of a driveway which is
used for access to a habitable structure may occur within 50 feet
of the edge of a floodplain or the floodplain conservation district
as defined by the Flood Hazard Boundary Map for Harris Township prepared
by the Federal Insurance Administration, Federal Emergency Management
Agency.
(5)
Sinkholes. No land disturbance which would involve the construction
of a habitable structure or the installation of a driveway or construction
of a road or roads which are used for access to a habitable structure
may occur within 50 feet of the edge of the sinkhole. If there is
a drainage channel leading to the sinkhole, a minimum of 50 feet on
all sides of the drainage channel shall be protected.
(6)
Slopes and soils. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway or construction of a road or roads which are used for access to a habitable structure or structures shall occur on or within 50 feet downgrade of any area with a slope of 15% to 24.99% or on soils that are classified as "very limited." The requirements of § 12-7.2B shall not apply to slopes of 15% to 24.99% in the Natural Areas District. All land defined as having steep slopes of 25% or greater shall be subject to the regulations found in § 12-7.2B.
(7)
Springs. No land disturbance which involves the construction
of a habitable structure or the installation of a driveway which is
used for access to a habitable structure may occur within 50 feet
of a defined spring.
(8)
Wetlands. No land disturbance which would involve the construction
of a habitable structure or the installation of a driveway which is
used for access to a habitable structure may occur within 50 feet
of the edge of a defined wetland area as established by this chapter,
DEP, and/or the Army Corps of Engineers.
(9)
Wooded areas. The removal of healthy trees on the site shall
be minimized to the greatest extent practicable. Existing wooded areas
shall be protected to prevent unnecessary destruction or removal of
healthy trees with a minimum trunk caliper of five inches at six inches
above ground level.
(10)
Excavation and fill. No excavation or fill that will cause any
slope to become unstable; impose loads that may affect the safety
of structures or slopes; interfere with adequate drainage for the
site area and the drainage area of land tributary to the site; obstruct,
damage, or adversely affect existing sewerage or drainage; cause a
stagnant pond of water to form; or cause erosion or sedimentation
shall be permitted.
(11)
The site plan as detailed in Subsection D shall include soils mapping as per NRCS's Web Soil Survey or the Centre County Soil Survey for the entire site. The Township Engineer or his/her designated agent shall review the soils report within the context of the regulations and guidelines for construction specified in this chapter to determine whether the proposed disturbance minimizes impact to the greatest extent practicable to allow for the construction of one habitable structure. The Township Engineer's decision may be appealed by the applicant to the Zoning Hearing Board.
(12)
Criteria for land accessed across soils classified as "very
limited." In some cases, access to a developable area on an existing
parcel may not be possible without crossing soils that are classified
as "very limited." In such cases, the following requirements shall
apply:
(a)
Low-impact driveway or roadway design, in accordance with the
recognized standards acceptable to the Township Engineer, shall be
used.
(b)
The proposed location and design of the access shall provide
the least practicable disturbance to the "very limited" soils in the
area.
(c)
The access shall be located in conformance with the setback
restrictions associated with wetlands, floodplains, sinkholes, springs,
drainageways, and watercourses as referenced above.
G.
Criteria for subdivision and land development in the Natural Areas
District. The following criteria will determine the ability to, and
establish the process for, subdivision and land development in the
Natural Areas District:
(1)
No new building lots may be created after the date of enactment of this subsection which do not encompass sufficient buildable area to comply with the applicable provisions of Subsection G(3) through (11). The buildable area shall be considered the same as the area of potential land disturbance and includes the footprint of the structure and any accessory structure or outbuilding, the access, parking, and if necessary, the on-lot disposal system as well as suitable land necessary to accommodate the required replacement area for the on-lot disposal system.
(2)
The subdivision plan for any lots which are proposed must identify
the location of all soil types and slopes of 15% or greater within
the proposed lots, as well as delineate that portion of the lots which
encompasses the buildable area. In addition, a note must be placed
on the plan which will alert future property owners to the potential
for sinkholes, flooding and drainage issues, as well as the possibility
for development of the lot to require special design or construction
considerations to mitigate the limitations imposed by the soils and/or
slopes. Where sinkholes are included on acreage designated as part
of a newly subdivided lot, it is recommended that such areas be fenced
for safety.
(3)
Perennial/intermittent streams. No land disturbance which would
involve the construction of a habitable structure or the installation
of a driveway or construction of a road or roads which are used for
access to a habitable structure or structures, may occur within 50
feet of a defined drainageway.
(4)
Floodplain. No land disturbance which would involve the construction
of a habitable structure or the installation of a driveway or construction
of a road or roads which are used for access to a habitable structure
or structures may occur within 50 feet of the edge of a floodplain
or the floodplain conservation district as defined by the Flood Hazard
Boundary Map for Harris Township prepared by the Federal Insurance
Administration, Federal Emergency Management Agency.
(5)
Sinkholes. No land disturbance which would involve the construction
of a habitable structure or the installation of a driveway or construction
of a road or roads which are used for access to a habitable structure
may occur within 50 feet of the edge of the sinkhole. If there is
a drainage path leading to the sinkhole, a minimum of 50 feet on all
sides of the drainage channel shall be protected.
(6)
Slopes and soils. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway or construction of a road or roads which are used for access to a habitable structure or structures shall occur on or within 50 feet downgrade of any area with a slope of 15% to 24.99% or on soils that are classified as "very limited." The requirements of § 12-7.2B shall not apply to slopes of 15% to 24.99% in the Natural Areas district. All land defined as having steep slopes of 25% or greater shall be subject to the regulations found in § 12-7.2B.
(7)
Springs. No land disturbance which involves the construction
of a habitable structure, the installation of a driveway or construction
of a road or roads which are used for access to a habitable structure
or structures may occur within 50 feet of a defined spring.
(8)
Wetlands. No land disturbance which would involve the construction
of a habitable structure, the installation of a driveway, or construction
of a road or roads which are used for access to a habitable structure
or structures may occur within 50 feet of the edge of a defined wetland
area as established by this chapter, DEP, and/or the Army Corps of
Engineers.
(9)
Wooded areas. At least 25% of healthy trees on the site shall
be maintained or replaced immediately following construction. Replacement
trees shall have a minimum trunk caliper of two inches at a height
of six inches above finished grade. Existing wooded areas shall be
protected to prevent unnecessary destruction or removal of healthy
trees with a minimum trunk caliper of five inches at six inches above
ground. Where significant removal of trees within an existing wooded
area is anticipated, plans shall be required to be provided.
(10)
Excavation and fill. No excavation or fill that will cause any
slope to become unstable; impose loads that may affect the safety
of structures or slopes; interfere with adequate drainage for the
site area and the drainage area of land tributary to the site; obstruct,
damage, or adversely affect existing sewerage or drainage; cause a
stagnant pond of water to form; or cause erosion or sedimentation
shall be permitted.
(11)
Soils report and evaluation. Any property or site within the
Natural Areas District mapped with or potentially containing any soils
rated as "very limited" must be evaluated prior to being permitted
for the land disturbance activities noted above. While the NRCS web
soil survey may be used as a resource, on-site soils evaluation and
soil test pits will be required to determine the actual soil distribution
on each site.
(a)
In order to accomplish the soils evaluation, the developer must
meet with the Township's Engineer or his/her designated agent
to determine, at a minimum, the location, number and type of soil
test pits that will provide a representative sample of the soils present
within the area intended to be disturbed. Consensus on the number
of test pits will be reached based on the landowner's development
intentions, soil mapping units delineated in the NRCS's web soil
survey, the location of natural features on the site, and any previous
soil test results.
(b)
The on-site soils assessment and report preparation must be
completed by a qualified soil scientist or registered professional
geologist with the appropriate experience in soil science interpretation,
subject to approval by the Township Engineer or his/her designated
agent. The results must then be submitted for review and approval
by the Township's Engineer or his/her designated agent. This
municipal review will determine the adequacy of the soils evaluation
to determine the development potential/buildable area of the parcel.
(c)
The soils assessment report shall provide the data necessary
to prepare a detailed soils map of the site that will determine the
potential to provide roads, driveways and/or structures in accordance
with these regulations. The Township Engineer or his/her designated
agent shall review the soils report within the context of the regulations
and guidelines for development specified in this subsection to determine
whether there is sufficient buildable area to develop and to identify
additional conditions of development, if necessary.
H.
Criteria where little or no buildable area is available on existing
lots. Where it can be demonstrated that an existing lot contains little
or no buildable area, the design of any proposed structure must be
engineered by a licensed, professional engineer or architect to overcome
the limiting characteristics of the property. A habitable structure
may be permitted on an existing lot where it can be demonstrated that
little or no buildable area exists, provided that:
(1)
There are no habitable structures currently existing on the
property;
(2)
The land disturbance (which shall include the footprint of the
structure, the access, the primary and replacement areas for on-lot
sewage disposal) and the impervious coverage does not exceed 50,000
square feet;
(3)
The proposed location and design of the habitable structure
and access provide the least practicable disturbance to the any soils
in the area that are classified as "very limited";
(4)
The proposal is consistent with the minimum lot size requirement
specified for the Natural Areas District;
(5)
Any increased maintenance required to ensure the longevity of
the structural integrity of the habitable structure and the on-lot
septic system is identified and a written maintenance plan is provided;
(6)
The applicant shall provide a note on the plan indemnifying
the Township for any damage that may occur to the structure or any
other private property as a result of the presence of "very limited"
soils.
[Added 11-9-2020 by Ord.
No. 345]
A.
Intent. The Historic Resources Overlay District applies to areas
of the Township that contain significant historic structures that
are listed, either independently or as part of a district, on the
National Register of Historic Places. It is the intent of this district
to:
B.
Delineation of the Historic Resources Overlay District. The Historic
Resources Overlay District, as depicted on the Official Zoning Map
for Harris Township, shall apply to all properties located in the
Boalsburg National Historic District and Linden Hall National Historic
District as well as properties that are individually listed on the
National Register of Historic Places.
C.
District regulations. All properties within the Historic Resources
Overlay District shall comply with the regulations in this section.
D.
The following provisions shall apply to all properties located within
the Historic Resources Overlay District.
(1)
Demolition of historically significant structures. The provisions
of this section shall apply to the demolition of any historically
significant structure within the Historic Resources Overlay District.
(a)
Prior to demolition of a historically significant structure,
the applicant shall meet the following public notification requirements:
[1]
A "notice of intent to demolish" (hereinafter referred to as
"notice") shall be published in a local newspaper of general circulation
in the municipality, with proof of publication being provided to the
Township. The notice shall include:
[2]
The notice shall be sent via certified mail to the owners of
all properties adjoining the property on which the structure to be
demolished is located. Copies of the certified mail receipts shall
be provided the Township.
[3]
A sign that is at least 24 inches by 36 inches in size shall
be posted in a conspicuous location on the property· where
the structure is located. The sign shall be visible from the nearest
street or other access way adjoining the property and shall include
a copy of the notice and shall contain the word "demolition" in capital
letters no less than two inches in height. The sign shall remain posted
on the property until a demolition permit is issued.
(b)
A thirty-day demolition delay period shall begin from the date the notice was first published in the newspaper or the date when the sign was posted on the property, whichever is most recent. No demolition shall occur prior to the completion of the thirty-day demolition delay period and Township verification that the public notification requirements of § 12-7.14D(1)(a) have been met.
(c)
Following the required demolition delay period, the Township
shall provide a letter to the applicant stating that the requirements
of this ordinance have been met. This letter shall be valid for five
years from the date of issuance.
(d)
Emergency demolition. Notwithstanding the above provisions,
the Centre Region Code Administration (CRCA) may issue a demolition
permit at any time in the event of imminent and substantial danger
to the health or safety of the public due to deteriorating conditions.
The CRCA shall document in writing the findings and reasons requiring
an emergency demolition and shall provide a copy to the Township within
seven calendar days of issuing the demolition permit.
