Township of Harris, PA Establishment of Districts

In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the nature or number of changes, the Board of Supervisors may, by resolution, adopt a new Official Zoning Map which shall supersede the previous map. The new Official Zoning Map shall be identified by the signatures of the Township Supervisors, attested by the Township Secretary, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted August 1, 1978, as part of Ord. 80, readopted as part of the Code by Ord. 97, 1-13-1983, of the Township of Harris, Centre County, Pennsylvania," together with the date of adoption of the resolution.

The previous Official Zoning Map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

District boundary lines. The district boundary lines shall be shown on the Official Zoning Map. Where uncertainty exists as to the boundaries of districts, the following rules shall apply:

Boundaries indicated as approximately following center lines of streets, highways, or alleys shall be construed to follow such center lines.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following Township limits shall be construed as following Township limits.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as approximately following the center lines of streams or other bodies of water shall be construed to follow such center lines and, in the event the stream or other body of water moves, the boundary shall move with the center line of such.

(6)

Boundaries indicated as parallel to or extension of features indicated in Subsection D(1) through (5) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

(7)

Where physical features existing on the ground are alleged to be at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsection D(1) through (6) above, it shall be the function of the Zoning Officer to interpret and apply the map.

(8)

Where one or more district boundary lines divides a lot held in single ownership, the regulations of one of the districts on either side of any such boundary line may be chosen by the owner to apply to the portion of such lot in the district on the other side of such line for a distance of not more than 50 feet beyond the district boundary lines, provided lot requirements are met for said portions.

§ 12-2.4 Use regulations.

[Amended 11-18-1981 by Ord. No. 95; 9-14-1987 by Ord. No. 109; 9-14-1992 by Ord. No. 145; 4-12-1993 by Ord. No. 147; 4-12-1993 by Ord. No. 148; 10-13-1997 by Ord. No. 187; 4-13-1998 by Ord. No. 196; 7-13-1998 by Ord. No. 197; 5-14-2001 by Ord. No. 211; 8-23-2001 by Ord. No. 215; 6-25-2003 by Ord. No. 235]

The use of land and structures shall be limited to only the primary and accessory uses permitted in each zoning district, unless specifically emitted, exempted, or otherwise modified by this or other sections of this chapter. All other uses not expressly permitted are prohibited. In addition to the regulations stipulated for each use in Articles II through VII, the following use regulations shall apply:

Accessory uses. All accessory structures, except where otherwise permitted by this chapter, shall comply with the lot, yard setback, and maximum height requirements for the primary use to which it is accessory. Accessory uses and structures may include, but are not limited to, the following:

[Amended 8-15-2018 by Ord. No. 332]

All properties located in the Village District and single-family detached dwellings in all zoning districts may include one accessory dwelling unit conforming to the following requirements:

The accessory dwelling unit shall be part of the primary dwelling or for properties located in the Village District, part of the primary structure with frontage on Main Street and/or Church Street.

The total floor area of the apartment shall not exceed 1,000 square feet; in no case shall the area of the accessory dwelling unit, measured in square feet, equal or exceed the area of any dwelling to which it is accessory.

Two additional off-street parking spaces shall be provided for an accessory dwelling unit.

Property owners of dwellings with accessory dwelling units shall obtain required permits from the Centre Region Code Administration or its successor prior to occupancy of the apartment.

Industrial uses may include a retail factory outlet for the sale of those products produced on the premises, provided that the floor area of such outlet does not exceed 25% of the total floor area of the primary structure.

Swimming pools are permitted as accessory structures in any district, provided that outdoor pools capable of containing water 18 inches or more in depth shall meet the following requirements:

No swimming pool may be located in any front or side yard setback area, but may be located in the rear yard setback area, provided that no part of the pool, including paved areas or accessory structures, excluding fencing, be located within 20 feet or rear property lines nor from the side lot line of a distance equivalent to the side yard setback for a structure within the applicable district.

All outdoor swimming pools below ground level shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than six inches in either height or width. Should the wall of the pool be above ground, the required fence or wall may be securely affixed to the top of the pool wall so that the total height of the wall of the pool and the fence or wall shall not be less than four feet.

All gates or doors opening through such required fence or wall shall be equipped with a self-latching device capable of being locked for keeping the gate or door securely closed at all times when not in use.

Small accessory buildings of not more than 144 square feet in ground floor area and 10 feet in height are permitted in the side and rear yard setback areas, provided they are not placed closer than six feet from any lot line.

Airports and landing strips. All commercial airports and landing strips shall be designed and constructed in accordance with standards of the Federal Aviation Agency.

Automobile service stations. In addition to the district regulations specified, all automobile service stations shall meet the following regulations:

The dismantling of motor vehicles shall be performed within a completely enclosed building, and all dismantled motor vehicles, and parts thereof, shall be stored within such buildings.

Fuel pumps may be located within the front yard setback area, provided such are at least 30 feet from any lot line.

Auto wrecking, junk, and scrap establishments. In addition to the district regulations specified, all auto wrecking, junk, and scrap establishments shall meet the following regulations:

All material shall be placed in such manner that it is incapable of being transferred off the premises by wind, water, or other natural cause.

No material shall be placed within the front, side, or rear yard setbacks areas. All yard setback areas shall at all times be clean, vacant, and maintained.

All paper, cloth and rags, and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

All materials and activities not within fully enclosed buildings shall be surrounded by a fence or wall at least six feet in height. Such fence shall be completely sight-obscuring from any point on the lot line and maintained in good condition. No such fence may be permitted in any yard setback area. Any gate in a fence shall be similarly constructed and maintained, and shall be kept securely locked at all times when the establishment is not in operation.

All gasoline and oil shall be drained from any junked motor vehicle into containers and stored at only one location on the premises. No more than 20 gallons in aggregate shall be stored above ground.

Fire hazards shall be minimized by the segregation of combustible from noncombustible materials, and the provision of adequate aisles for escape and firefighting equipment.

The storage of material in piles shall not exceed 10 feet in height.

The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water.

Every structure erected upon the lot after August 6, 1978, shall be of fireproof construction.

(5)

Child day-care centers. In addition to the district regulations specified, all child day-care centers shall meet the following requirements:

Child day-care centers shall be located only on lots with direct motor vehicle access onto collector or arterial streets in the districts where they are permitted uses.

All outdoor play areas shall be completely enclosed by a fence or wall with a minimum height of four feet. Such play areas shall not be placed in the front or side yard setback area.

(6)

Churches and other places of worship and theaters for the performing arts and auditoriums. Churches and other places of worship and theaters for the performing arts and auditoriums shall be located only on lots with direct motor vehicle access onto collector or arterial streets in the districts where they are permitted uses.

(7)

Convenience food stores. Convenience food stores are defined as small stores permitted in selected rural and residential districts which retail food and beverages primarily to the immediately surrounding population. Sales of additional products, when clearly incidental and subordinate to the retailing of food and beverages, may include nonprescription drugs, housewares, periodicals and tobacco. The sale of gasoline and oil, and food beverages for consumption on the premises, is expressly prohibited. In addition to the district regulations specified, all convenience food stores shall meet the following requirements:

No convenience food store shall have a gross floor area exceeding 2,500 square feet.

Except for driveways and walkways, all yards shall have a continuous buffer yard extending 10 feet in depth from the front lot line and 25 feet in depth from the side and rear lot lines. The buffer yard shall be planted with a vegetative ground cover and maintained; and shall also include a continuous, sight-obscuring evergreen hedge or shrubs planted parallel to the lot line. Such hedge or shrub shall reach a height of at least six feet at maturity, unless adjacent to a street, in which case, such hedge or shrub shall not exceed 2 1/2 feet in height.[1]

Editor's Note: Former Subsection 12-2.4.1.7.3, providing prohibited hours, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. AO, Adopting Ordinance).

All sales and display shall be within completely enclosed buildings, and there shall be no display or storage of any material outside such buildings. No public address systems or other devices for reproducing or amplifying voices or music shall be mounted outside such buildings or be audible beyond any lot line on which the building is situated.

The convenience food store may include one dwelling unit.

(8)

Dwelling units, attached. In addition to the district regulations specified, no buildings used for attached dwelling units shall exceed 200 feet in length.

(9)

Farm uses. In addition to the district regulations specified, the outdoor storage of silage or hydrated manure in bulk for farm uses shall not be permitted within 150 feet of any lot line.

(10)

Golf courses, pitch putt golf courses, and driving ranges. In addition to the district regulations specified, all golf courses, pitch putt golf courses, and driving ranges shall meet the following applicable regulations:

No golfing green or fairway shall be closer than 100 feet to any lot line.

Golfing tees and greens for the same hole may not be separated by a public street.

Driving ranges shall have screens or fences of a height and location sufficient to prevent golf balls from landing on the property of another.

(11)

Home occupations. Permitted home occupations shall include professional offices, crafts, and domestic services such as: the professional practice of medicine and dentistry; architecture and engineering, law, teaching, accounting, real estate, and insurance; artists, artisans, and writers; barbers and beauticians; domestic service such as babysitting (no more than five children who are not regular members of the household), cooking, and sewing. Under no circumstances shall home occupation be construed to include motor vehicle repair and/or maintenance. All home occupations shall conform to the following regulations:

The home occupation shall be carried on completely within the dwelling unit.

The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit, plus not more than one additional employee.

Not more than 25% of the floor area of the dwelling shall be devoted to home occupations.

Tangible articles sold or offered for sale on the premises shall be limited to those produced on the premises.

There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients except as permitted in Article XIV, Signs, of this chapter, nor shall there be any exterior storage of wares or materials.

No exterior alterations, additions, or changes to the residential character of the dwelling unit shall be permitted in order to accommodate or facilitate a home occupation.

The home occupation shall comply with all other provisions of this chapter.

(12)

Mining and quarrying. In addition to the district regulations specified, all mining and quarrying activity shall meet the following regulations:

No surface mining shall be conducted closer than 100 feet from any public right-of-way or within 300 feet of any residential district included in Article IV of this chapter.

Stockpiles of excavated materials shall not be located closer than 50 feet to any lot line, and all reasonable precaution shall be taken to prevent any material or waste deposited upon any stockpile from being transferred off the premises by wind, water, or other natural cause.

All drainage from the site shall be controlled by dikes, barriers, or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any drainage course, or encroaching on public streets or adjacent property.

(13)

Public and private nurseries, kindergartens, elementary, secondary, and postsecondary schools. Public and private nurseries, kindergartens, elementary, secondary, and postsecondary schools shall locate in the districts where they are permitted uses only when adjacent to the following street classifications:

Nurseries, kindergartens, and elementary schools shall be located only on lots with direct motor vehicle access onto collector streets.

Secondary and postsecondary schools shall be located only on lots with direct motor vehicle access onto collector or arterial streets.

(14)

Family care, group homes, and halfway houses/rehabilitation centers.

No family care, group home, or halfway house/rehabilitation center shall be allowed unless it is certified by, and meets all regulations of appropriate local, state, or federal agency(ies).

No more than one group home or halfway house/rehabilitation center shall be allowed per block face.

(15)

Uses omitted and prohibited. This chapter is intended to apply to all conceivable uses and structures. Under no circumstances, however, shall the following uses be permitted in any district in the Township:

Any dumping, depositing, or filling with refuse, garbage, or building debris not in accordance with state or Township regulations or this chapter.

The removal of topsoil and sod, except as part of the construction, grading, or alteration of an approved building, street, construction site or other structure, the normal preparation and maintenance of lawns, mining and quarrying, or the removal of sod as part of a recognized farm or garden use.

(16)

Uses prohibited in residential districts only. The raising and keeping of animals of the equine, bovine, ovine and porcine species even as household pets in a residential district unless as a part of a farm use meeting the requirements in the appropriate district regulations.

(17)

Nursing homes, personal care homes, and other convalescent homes. When located within the Forest District, in addition to the district regulations specified, all nursing homes, personal care homes, and convalescent homes shall meet the following requirements:

Off-street parking and aisles shall be prohibited within 50 feet of adjoining property lines, except for the driveway access to a street.

All portions and sides of residentially occupied buildings shall be covered with the same and/or compatible materials as are used on the designated "front." Furthermore, these surfaces shall be of materials compatible with single-family homes.

This use is prohibited from the portion of any cul-de-sac street that exceeds the maximum cul-de-sac street length allowed as per the applicable ordinance.

Standards of tree replacement on the site and screening on all applicable sides of the parking lots shall be applied, as being related to § 12-7.10C.

(18)

Designated well sites, pump stations, treatment facilities, and water storage tanks. Designated well sites, potable water and well pump station facilities, water treatment facilities, and water storage tanks are permitted as a primary use in the Single-Family Residential District, Two-Family Residential District, Multifamily Residential District, Residential-Office District, and Cultural District. In all of these districts, these uses, in any form, above or below ground level, shall be permitted if the following standards and criteria are met:

An ambient sound level study must be provided and the ambient sound level, at all points along the boundary line of the property upon which the use is located, shall be no more than 55 decibels [dB(A)].

All items used at a potable water well pump station facility or water storage tank facility, and being stored at the premises, shall be stored within a building or structure so to be screened from view.

An elevation drawing shall be provided for any structure to be constructed, whether above or below grade, on the premises.

(19)

Bed-and-breakfast facilities. In addition to the district regulations specified, all bed-and-breakfast facilities shall meet the following requirements:

Exterior alterations, additions, or changes to the dwelling unit in order to accommodate or facilitate a bed-and-breakfast shall retain the residential character of the dwelling unit and surrounding area of the lot.

One off-street parking space shall be provided for each guest room, except in the Village (V) Zoning District, where the requirements of § 12-4.4 are applicable.

There shall be no use of show windows or advertising visible outside the premises to attract customers other than that allowed by Article XIV, Signs.

In the Agricultural and Agricultural Residential Zoning districts, a maximum number of three guest rooms shall be permitted for each bed-and-breakfast facility.

[Amended 3-14-2022 by Ord. No. 348]

In the Agricultural and Agricultural Residential Zoning districts, breakfasts or other meals may only be served to registered overnight guests of the bed-and-breakfast establishment.

[Amended 3-14-2022 by Ord. No. 348]

When any structure is to be converted to a bed-and-breakfast use, the applicant shall comply with applicable sewage-related regulations as determined by the Department of Environmental Protection, the College-Harris Joint Authority, and/or the Harris Township Sewage Enforcement Officer.

Where a bed-and-breakfast facility is proposed on a property that does or will utilize an on-lot septic disposal system, the property owner shall be required to execute an "Agreement for Bed-and-Breakfast Establishments with On-Lot Septic Systems" with the Harris Township Sewage Enforcement Officer prior to Township approval of the use; the form for such agreement shall be obtained from the SEO or the Zoning Officer.

Parking lots, as defined by Article XI of this chapter, shall not be required to have a paved surface when required for bed-and-breakfast facilities in the Agricultural and Agricultural Residential zoning districts.

[Amended 3-14-2022 by Ord. No. 348]

(20)

Wireless communications facilities.

[Added 11-13-2017 by Ord. No. 323;[2] amended 3-14-2022 by Ord. No. 348; 1-3-2022 by Ord. No. 352]

Intent. The wireless communications facilities (WCFs) regulations are intended to achieve the following:

To provide a competitive and wide range of communications services;

To encourage the shared use of existing communication towers, buildings and structures;

To ensure compliance with federal and state regulations;

To promote the health, safety and welfare of Township residents and businesses with respect to wireless communications facilities;

To address modern and developing technologies, including, but not limited to, distributed antenna systems, cable Wi-Fi, and other communications facilities;

To establish procedures for design, siting, construction, installation, maintenance and removal of wireless communications facilities in the Township, including facilities both inside and outside of the public rights-of-way; and

To protect Township residents and businesses from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

COMMUNICATIONS FACILITY BUILDING

Definitions. As used in this subsection, the following terms shall have the meaning indicated:

ANTENNA

An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

COLLOCATION

The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

The building in which electronic receiving and relaying equipment for a tower is housed. Receiving and relay equipment can include, but is not limited to, in-ground and aboveground cabling and any equipment associated with the provision of wireless services.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing WCF that involves collocation of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment.

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

MONOPOLE

A wireless communication facility or site that consists of a single pole structure, designed and erected on the ground or on top of a structure, to support antennas and connective appurtenances. Connective appurtenances can include, but are not limited to, feeder cables, climb ladders, platforms, ice shields, and other accessory infrastructure associated with a wireless communications facility.

RELATED EQUIPMENT

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

REPLACEMENT

The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communication facilities, antennas and related equipment that render them more visually appealing and virtually indistinguishable to the casual observer. Such methods include, but are not limited to, using architectural methods to screen the WCF from view, painting the WCF to match the building or structure it is mounted to, and designing and constructing the WCF in a manner to resemble another object, such as a flagpole, clock tower, chimney, grain silo, etc.

SUBSTANTIALLY CHANGE

A modification substantially changes the physical dimensions of a support structure if it meets the criteria established by 47 CFR § 1.6100.

TECHNICALLY FEASIBLE

By virtue of engineering or spectrum usage, the proposed placement for a small wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless communications facility.

UTILITY POLE

A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for collocation. The term includes the vertical support structure for traffic lights but does not include utility poles or horizontal structures to which signal lights or other traffic control devices are attached.

WIRELESS COMMUNICATIONS FACILITIES, NONTOWER (NONTOWER WCFs)

All wireless communications facilities that do not require the installation of a new or replacement wireless support structure, including, but not limited to, antennas and related equipment. Nontower wireless communication facilities shall not include support structures for communication antennas and related equipment. Not included are towers and supporting structures on residential dwellings or properties used for private noncommercial amateur purposes, including, but not limited to, ham radios and citizens band radios. In addition, not included are cable Wi-Fi antennas that are under two cubic feet in size and that are suspended on cables strung between utility poles in compliance with applicable safety codes by or for a cable system operator or other communications service provider authorized to use the public right-of-way (ROW).

WIRELESS COMMUNICATIONS FACILITIES, SMALL

A wireless communications facility that meets the following criteria:

The structure on which antenna facilities are mounted:

Is 50 feet or less in height; or

Is no more than 10% taller than other adjacent structures; or

Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities.

Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume;

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume;

The facilities do not require antenna structure registration under 47 CFR Part 17;

The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

WIRELESS COMMUNICATIONS FACILITIES, TOWER BASED (TOWER-BASED WCFs)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

Any ground-mounted structure that is constructed primarily for the purpose of supporting one or more communication antennas for wireless communication purposes, including self-supporting lattice towers, guyed towers or monopole towers, and the accompanying antenna and accessory equipment.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communication facility or any other support structure that could support the placement or installation of a nontower wireless communications facility, if approved by the Township.

General regulations. In addition to all other applicable regulations of this chapter, wireless communications facilities (WCFs), except those that fall under the Pennsylvania Wireless Broadband Collocation Act,[3] shall be regulated as follows:

Standard of care. All WCFs shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. All WCFs shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Wind. All WCF structures shall be designed to withstand the effects of wind according to the standard designed by the ANSI, as prepared by the Electronics Industry Association and Telecommunications Industry (ANSI EIA/TIA-222-E Code or ANSI EIA/TIA-222-G, as amended).

Interference. No WCF shall interfere with public safety communications. All WCFs shall comply with all Federal Communications Commission (FCC) interference requirements included in 47 CFR Part 15.

Maintenance. The following maintenance requirements shall apply:

All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance and emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

All maintenance and activities shall utilize the best available technology for preventing failures and accidents.

Radio frequency emissions. No WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The applicant shall provide, upon request, a statement from a qualified licensed and professional registered engineer that the nonionizing electromagnetic radiation (NIER) emitted from the WCF, when measured in conjunction with the emissions from all WCFs on the wireless support structure, does not result in an exposure at any point on or outside such facility that exceeds the lowest applicable exposure standards established by the FCC or the ANSI.

Historic buildings or districts. No WCF may be located on or within 200 feet of a site that is listed on an historic register, a site listed for inclusion on the federal historic register, or in an officially designated local, state or federal historic district. Additionally, the placement and/or siting of WCFs that do not meet the definition of a small WCF in the Village Zoning District is prohibited.

Identification. All WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. The notice shall not exceed two square feet in gross surface area and shall be maintained by the contact party.

Lighting. No WCF shall be artificially lighted, except as required by the Federal Aviation Administration and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. No flag that requires lighting shall be located on the structure.

Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state or local law, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

[10]

Aviation safety. All WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[11]

Engineer signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania and certifying compliance with all local, state and federal laws and regulations applicable to the proposed WCF.

[12]

Retention of experts. To the extent permitted by federal and state law, the Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[13]

Timing of approval.

Type of WCF/Application	Notice of Incompleteness	Final Decision
Eligible facilities request	30 calendar days from receipt of initial application; 10 calendar days from receipt of supplemental application for subsequent notices	60 total calendar days from receipt of initial application
Small WCF (collocated)	10 business days from receipt of initial or supplemental application	60 total calendar days from receipt of initial application
Small WCF (new or replacement wireless support structure	10 business days from receipt of initial or supplemental application	90 total calendar days from receipt of initial application
Nontower WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	90 total calendar days from receipt of initial application
Tower-based WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	150 total calendar days from receipt of initial application

[14]

Nonconforming uses. Nonconforming WCFs that are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section. Collocation of facilities may be permitted on nonconforming structures in accordance with the standards established in the Pennsylvania Wireless Broadband Collocation Act.[4]

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

[15]

Removal. In the event that use of a WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs, or portions of WCFs, shall be removed, as follows:

All unused or abandoned WCFs and related equipment shall be removed within six months of the cessation of the operations at the site unless a time extension is approved by the Township.

If the WCF and/or the related equipment is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

Any unused portion of the WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

[16]

Inspection of WCF outside the ROW. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this article and any other provisions found within the Township Code of Ordinances, or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

[17]

Application fees. The Township may assess appropriate and reasonable application fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring and related costs. The application fees for any proposed WCF shall comply with all applicable requirements of federal and state law.

[18]

Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

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

Tower-based wireless communications facilities outside of the right-of-way. These regulations shall apply to tower-based wireless communications facilities located outside of the right-of-way (ROW):

Location. Tower-based WCFs located outside of a public right-of-way shall be permitted in the Natural Areas and Agricultural Zoning Districts.

Conditional use required. Tower-based WCFs are permitted by conditional use, at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the tower-based WCF is the minimum height necessary for the service area. In addition to all other Township procedures and requirements necessary for the conditional use process, the applicant shall demonstrate the following:

Prior to the Board's approval of a conditional use authorizing the construction and installation of tower-based WCFs, it shall be incumbent upon the applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes repeaters, antennas and other similar equipment installed on existing structures, such as utility poles, wireless support structures, and other available tall structures. The applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.

The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.

The conditional use application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

Where the tower-based WCF is located on a property with another principal use, and not sited in the public rights-of-way, the applicant shall present documentation to the Board of Supervisors that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

The conditional use application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in the Township Zoning Code, and the applicant has fulfilled all requirements related to the siting and installation of the proposed facility.

Evidence of need. It is required that the applicant for the placement of a tower-based WCF shall submit to the Township evidence of the need for the tower-based WCF in the proposed location and that the applicant has exhausted all alternatives to locate on an existing tower-based WCF or wireless support structure (collocation). In addition, the applicant must demonstrate via evidence from a qualified, licensed and professional engineer that, in terms of location and construction, there are no existing towers, tower-based WCFs, buildings, structures, elevated tanks or similar uses able to provide the platform for the antenna within a one-mile radius of the chosen location, unless the applicant can demonstrate to the satisfaction of the Township that a different distance is more reasonable. Collocation is not possible if:

Coverage diagrams and technical reports demonstrate that collocation on an existing tower-based WCF or other wireless support structure is not technically possible in order to serve the desired need;

Planned equipment would exceed the structural capacity of existing towers within the Township, considering existing and planned use of those towers and existing towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost;

Planned equipment will cause radio frequency (RF) interference with other existing or planned equipment for that tower and the interference cannot be prevented at a reasonable cost;

Existing or approved tower-based WCF or wireless support structures do not have the space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned; and/or

Other reasons can be demonstrated to the satisfaction of the Township that make it impractical to place the equipment planned by the applicant on existing and approved towers.

Setbacks. A tower-based WCF shall be set back a minimum of that required in the underlying rural zoning district, except that no tower-based WCFs shall be located closer than 200 feet or 110% of the proposed tower-based WCF height, whichever is greater.

Height. The maximum height of a tower-based WCF shall be 175 feet, measured from the mean natural grade of the approved facility area to the top point of the tower or antenna, whichever is greater. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.

Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another permitted use, subject to the following conditions:

The existing use on the property need not be affiliated with the communications facility.

The minimum lot shall be that necessary for the tower-based WCF and any other land use to comply with the lot and setback requirements of the applicable zoning district.

Notice. Upon submission of a complete application for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 radial feet of the parcel or property of the proposed facility. The applicant shall provide the Township with evidence that the notice was mailed out to applicable property owners.

Design and construction.

The tower-based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Township Board of Supervisors.

To the extent permitted by federal and state law, any height extensions to an existing tower-based WCF shall require prior approval of the Township, subject to the regulations herein.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for at least two additional users if the tower is 100 feet or higher or for at least one additional user if the tower is less than 100 feet in height. Tower-based WCFs greater than 100 feet in height must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at various heights.

Guy wires are not permitted. The tower-based WCF must be self-supporting.

Surrounding environs. A soil report complying with the standards of Annex G: Geotechnical Investigations, ANSI/EIA/TIA-222-G manual, as amended, shall be submitted to the Township to document and verify design specifications of the foundation for the tower-based WCFs.

[10]

Fence/screen.

A security fence of an approved design, of not less than six feet in height, shall completely enclose any tower-based WCF.

Landscaping, consisting of evergreen plantings that shall reach a height of at least six feet, shall be required at the perimeter of security fences and tower-based WCFs.

Existing wooded areas, tree lines, and hedgerows adjacent to the facility shall be preserved and used to substitute or meet a portion of the buffer yard requirements.

[11]

Signs. No signs or any form of advertising of any kind shall be permitted on the WCF or antennas. However, one sign not to exceed two square feet in gross surface area that identifies the phone number and contact in the event of an emergency is permitted. In addition, "No Trespassing" signs may be placed on the security fencing.

[12]

Related equipment.

Ground-mounted related equipment associated with, or connected to, a tower-based WCF shall be located underground if possible, or located within a building. In the event that an applicant can demonstrate that the related equipment cannot be located underground to the satisfaction of the Township Engineer, then such related equipment shall be screened from public view using vegetation, shrubs, or stealth technology.

All buildings and structures associated with a tower-based WCF shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the Agricultural District.

[13]

Access road. The vehicular access to the tower-based WCF, related equipment, and communications facility building shall meet the applicable municipal street standards for private streets and/or driveway standards. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

[14]

Insurance. Each person that owns or operates a tower-based WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.

Nontower wireless communication facilities outside of the right-of-way. The following regulations shall apply to all nontower wireless communications facilities located outside of the ROW, except those that fall under the Pennsylvania Wireless Broadband Collocation Act:[5]

Location. Nontower WCFs shall be permitted in all zones, except the Village Zoning District, attached to any structure except on single-family homes, duplexes and townhouses, or structures accessory to such.

To the extent permitted by state and federal law, applications for the placement of nontower WCFs only require zoning and building permits pursuant to the application and approval procedures for such.

Third-party wireless support structures. Where the nontower WCF is proposed for collocation on a wireless support structure that is not owned by the applicant, the applicant shall present documentation to the Zoning Officer that the owner of the wireless support structure has authorized collocation of the proposed nontower WCF.

Setbacks. If the WCF applicant proposes to locate related equipment in a separate building, such building shall comply with the minimum requirements for the applicable zoning district.

Height. To the extent permissible by law, the height of a nontower WCF shall be no greater than 20 feet above the roof, parapet or similar structure on which the nontower WCF is attached.

Design regulations. Nontower WCFs shall be designed in a manner that the antennas and all support equipment match the supporting structure to which they are attached or designed to minimize visibility in order to limit the aesthetic impact. The following additional regulations shall apply to nontower WCFs located in districts other than those enumerated above.

The nontower WCFs shall be camouflaged using stealth technology as defined in Subsection A(20)(b).

If technically feasible, and to the extent permitted by federal and state law, any related equipment placed on the ground shall be located inside a structure that is designed in a manner to resemble other structures typically found within the zoning district where the nontower WCF is proposed.

Removal, replacement and modification.

The removal and replacement of nontower WCFs and/or related equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.

Any material modification to a WCF shall require prior amendment to the original permit or authorization.

Insurance. Each person that owns or operates a nontower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WCF.

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

Small wireless communications facilities. These regulations shall apply to small wireless communications facilities:

Siting requirements.

Small WCFs shall be a permitted use inside the public rights-of-way in all Township zoning districts, subject to the requirements of this § 12-2.4A(20) and generally applicable permitting as required by the Township Code. Small WCFs located inside the public right-of-way shall require a road occupancy permit from the Township.

Small WCFs that are collocated on an existing structure shall be a permitted use outside the public rights-of-way in all Township zoning districts, except the Village Zoning District, attached to any structure except on single-family homes, duplexes and townhouses, or structures accessory to such, subject to the requirements of this § 12-2.4A(20) and generally applicable permitting as required by the Township Code.

Small WCFs requiring the installation of a new wireless support structure shall be a permitted use outside the public rights-of-way in the Agricultural, Forest and Rural Commercial Zoning Districts, subject to the requirements of this § 12-2.4A(20) and generally applicable permitting as required by the Township Code.

Application procedures.

Applications for small WCFs shall be submitted to the Township Zoning Officer.

Applications for small WCFs shall include the following:

The name and contact information, including phone number, for both the applicant and the owner of the proposed small WCF.

A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the applicant has included all information required by the Township Code, signed by a representative of the applicant.

Upon submission of an application for a small WCF requiring the installation of a new or replacement wireless support structure, the applicant shall mail notice to all owners of property within 500 feet of the proposed WCF. The applicant shall provide proof of the notification to the Township.

A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.

[A]

If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.

[B]

If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.

The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.

[vi]

An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.

[vii]

Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.

[viii]

If the small WCF is proposed for location on property owned by a third-party, the applicant shall provide evidence to the Township that such third-party has granted the applicant the right to attach their small WCF.

[ix]

A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

[x]

A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

[xi]

A certificate of insurance as required by § 12-2.4A(20)(f)[12].

[xii]

Certification of the application's compliance with all requirements of this § 12-2.4A(20).

[xiii]

Certification of the proposed small WCF's compliance with all applicable requirements of the Township Small Wireless Communications Facility Design Manual.

[xiv]

All application fees required by the Township as detailed in the Township fee schedule.

Timing of approval.

Within 10 business days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the applicant in writing of any information that may be required to complete such application. The applicant may then resubmit its application, at which point the applicable timeframe for approval shall restart. Any subsequent notice of incompleteness shall be issued within 10 business days of receipt of a resubmitted application and shall toll the applicable timeframe for approval until such time as the application is resubmitted.

Within 60 days of receipt of an application for collocation of a small WCF on a preexisting wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.

Within 90 days of receipt of an application for a small WCF requiring the installation of a new or replacement wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.

If the Township denies an application for a small WCF, the Township shall provide the applicant with written documentation of the basis for denial, including the specific provisions of the Township Code on which the denial was based, within five business days of the denial.

The applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review.

Consolidated applications. A single applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 12-2.4A(20)(c)[12] shall be extended by 15 days.

Location and development standards.

Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.

All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.

Time, place and manner. Once approved, the Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

Attachment to municipal structures. The Township shall allow the collocation of small WCFs to structures in the public rights-of-way owned by the Township in accordance with the hierarchy detailed in this section. If the applicant is proposing the collocation of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the applicant provide evidence that collocation on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the Township's collocation preferences are as follows.

Power poles;

Traffic signage poles without traffic signals;

Traffic signal poles;

Decorative light poles.

Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.

Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Township.

Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Township offices.

Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the applicant shall remove any obsolete or abandoned equipment from the wireless support structure.

[10]

Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Township.

[11]

Time limit for completion of construction. The proposed collocation, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the Township and the applicant agree in writing to extend the period.

[12]

Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

[13]

Insurance. Each person that owns or operates a small WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small WCF.

Editor's Note: This ordinance also repealed former Subsection A(20), Communications towers and antennas.

(21)

Industrial parks.

Definitions. The definitions in Article XI of this chapter shall apply in the interpretation of this article. The following words and phrases shall have the meanings given in this section:

INDUSTRIAL PARK

An area planned for the integrated design of two or more primary industrial uses and structures on a lot held in single ownership or as units in a single condominium.

[Amended 10-8-2018 by Ord. No. 333]

Initial designation as an industrial park.

To be designated as an industrial park as herein defined, the property owner or his agent shall submit to the Zoning Officer a site plan, unless the level of proposed improvements requires a land development plan as defined in Chapter 11, Subdivision and Land Development. If the applicant must follow the procedure for land developments, the site plan requirements of this section shall be satisfied in the land development process for designation of an industrial park.

As per Article IX of this chapter, site plans for the designation of an industrial park shall be reviewed and approved by the Harris Township Planning Commission and Board of Supervisors prior to the application for a zoning permit for the use or change in use.

Following approval of the site plan by the Board of Supervisors, the owner/agent shall submit a zoning permit application to use the property as an industrial park, which shall be considered and acted upon by the Zoning Officer.

Permitted and prohibited uses within industrial parks. All uses permitted within the General Industrial (I-1) Zoning District shall be permitted within an industrial park except the following:

Auto wrecking, junk, and scrap establishments.

Freight and trucking terminals.

The manufacturing, processing, or bulk storage of natural gas, petroleum, gasoline, and other petroleum derivations and explosives.

Refractories.

Rendering plants.

Incinerators.

Radio and television studios, transmitters, and towers.

Design standards. In addition to the basic requirements contained in the chart of permitted uses for the General Industrial Zoning District in Article VI, § 12-6.1 of this chapter, the following design standards shall be met for industrial parks:

Landscape requirements.

Buffer yard plantings as described in this chapter shall be required on the perimeters and between individual buildings of all industrial parks.

Raised islands shall be installed at the ends of all parking rows abutting an aisle or driveway. In addition, when parking rows contain more than 15 parking spaces in a continuous row, a raised island shall be incorporated within the parking bay after every 15 parking space. The raised islands shall be bordered by a concrete curb at least four inches high. Required islands shall extend the length of and be equal in width to abutting parking spaces. All islands shall contain a minimum of two shade trees of at least two-and-one-half-inch caliper measured 12 inches from grade, and three shrubs of at least 36 inches in height.

As an option, raised islands may be clustered to create larger areas of green space, provided that raised islands shall be required at the ends of parking rows abutting aisles and driveways. The required ratio of landscape islands shall be one island per 15 parking spaces, with the required numbers of trees and shrubs.

Pedestrian crosswalks shall be provided in any location where the Township determines pedestrian traffic will be funneled through a parking lot.

Clear sight triangles, in conformance with American Association of State Highway and Transportation Officials Geometric Design, shall be provided at all intersections between parking lot aisleways, perimeter roads, driveways, and streets.

[f]

All parking lots shall be maintained in good condition and be kept free of litter and trash.

Access requirements. Industrial parks shall have frontage on and/or direct motor vehicle access to an arterial roadway.

Revision, alteration, addition, or change of tenants within a designated industrial park.

A site plan, as per Article IX, § 12-9.3 of this chapter, shall be submitted for staff review when revisions, alterations, or additions to an approved industrial park are proposed. Such plans, to be prepared and submitted by the park owner or his agent, shall be submitted and approved prior to application for a zoning permit for construction and/or prior to occupancy by the proposed tenants, whichever is applicable.

When changes of tenants are proposed that will not require the alteration of buildings, parking lots, and other facilities, the owner/agent shall submit to the Township the information required in this section in narrative form for review by the Zoning Officer and Centre Regional Planning Agency, along with a list of current tenants and the name and business description of the proposed tenant(s). Should it be determined that physical improvements to the site are required as the result of a change of tenants, a site plan showing compliance with the requirements of this section shall be required.

In addition to the requirements of Article IX, § 12-9.3 of this chapter, the following information shall be submitted and included on a site plan:

A written description of the nature and extent of the proposed revisions, alterations, additions, or changes of tenants.

Indications of proposed revisions, alterations, additions, or changes of tenants to:

An approved site plan or existing industrial park.

An approved/existing grading and drainage plan.

An approved/existing landscape and/or buffer yard plan.

Approved/existing building elevations.

Tabulations of the following:

[A]

New total building floor area.

[B]

New building coverage.

[C]

New impervious surface coverage.

[D]

New parking required, with supporting calculations.

[E]

Existing/new estimated peak employee count.

Staff will review the information required in this section and determine if the proposed revisions are consistent with Township regulations for industrial parks. If the proposed revisions comply with applicable regulations, permits and/or other approvals will be issued to the industrial park owner. Any improvements to the property required as a result of the revisions, alterations, additions, or changes of tenants must be completed and, where applicable, be inspected by the Township prior to occupancy of the industrial park by prospective tenants.

The owner shall comply with all applicable building code, Labor and Industry, and Occupational Safety and Health Administration (OSHA) requirements.

(22)

Boarding kennels. In addition to the district regulations specified, all boarding kennels shall meet the following requirements:

[Amended 3-14-2022 by Ord. No. 348]

Boarding kennels shall be located at least 100 feet from any lot line adjoining a residential use or zoning district and at least 50 feet from any other lot line.

Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot-high compact hedge or 100% opaque fence on all sides which are visible from any street or adjacent lot.

If adjacent properties are developed for single-family dwellings, the kennels shall be soundproofed to minimize noise impact on adjacent properties.

The kennel shall be licensed by the Commonwealth of Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania shall be maintained. Proof of licensure shall be provided to the Township prior to approval of the use.

At no time shall boarded animals be permitted to run loose on the lot other than in a completely enclosed area.

Outdoor play areas shall be a minimum of 100 feet from any lot line.

(23)

Wineries and associated activities. It is the intent of this subsection to provide for the orderly development of wineries and associated activities within the Natural Areas and Agricultural District(s) to promote economic development opportunities for the agricultural industry and to preserve agricultural lands within Harris Township.

[Added 10-10-2011 by Ord. No. 296; amended 3-14-2022 by Ord. No. 348]

Farm wineries are permitted, provided they are operated under the applicable licenses from the Pennsylvania Liquor Control Board and the appropriate federal agencies. The farm winery must operate in conformance with all applicable local, state and federal laws, rules and ordinances.

The minimum parcel size required to construct and operate a farm winery shall be 10 acres.

The farm winery shall have a minimum of two planted acres of fruit used in the production of wine on site and maintained pursuant to generally accepted management practices.

Tasting rooms that allow for the tasting of wine, fruit wines and nonalcoholic fruit juices at a charge or no charge to the individual; and the retail sales of winery products, incidental retail sales of nonfood items, products by the bottle for off-premises consumption and food items are allowed in conjunction with the farm winery.

Special events related to wine tasting, wine-making and instruction are permitted. Such events shall meet all applicable requirements for sewage disposal, water supply and rest room facilities. Corporate retreats, weddings and other events not directly related to wine tasting, wine making or wine instruction are not permitted.

(24)

Landscape contractor businesses. It is the intent of this subsection to provide for the orderly development of landscape contractor businesses within specified areas of the Agricultural District within Harris Township.

[Added 4-9-2012 by Ord. No. 302]

Landscape contractor businesses must operate in conformance with all applicable local, state and federal laws, rules and ordinances.

The minimum parcel size required to operate a landscape contractor business shall be 10 acres.

Landscape contractor businesses shall only be permitted to operate on parcels that are located adjacent to and have direct vehicular access from an arterial or collector street. Access to the use shall be provided from the arterial or collector road which the parcel is adjacent to. In the case of a corner lot, access shall be provided from the street of highest classification.

The incidental sale of landscaping materials is permitted from the property, provided that such sales are not advertised and are accessory to the landscape contractor business.

All parking areas, storage areas, or other business related structures shall not be permitted in the required front, side, or rear setback areas.

The confined storage of landscape materials shall be permitted on the property, provided that the storage location of materials is specifically identified on the site plan or land development plan. The plan shall indicate the means of confinement of any material to be stored.

The storage or burning of landscape debris and refuse brought onto the property from off-site locations is prohibited.

The storage of vehicles and equipment used in the operation of the business shall be permitted on the property, provided that the storage location is specifically identified on the plan.

(25)

Nursing homes, personal care homes, and other convalescent homes. It is the intent of this subsection to provide for the orderly development of nursing homes, personal care homes, and other convalescent homes within the General Commercial District within Harris Township.

[Added 12-10-2012 by Ord. No. 305]

A nursing home, personal care home, or other convalescent home must have direct motor vehicle access to an arterial or collector street. Access to an arterial or collector street via a private street is not permitted.

The minimum parcel size required to operate a nursing home, personal care home, or other convalescent home in the General Commercial District shall be two acres.

A nursing home, personal care home, or other convalescent home shall not provide housing units in more than one structure on the parcel it is located. No other primary uses are permitted on a parcel where such a use is located. Accessory structures for nonresidential accessory uses are permitted.

Nursing homes, personal care homes, and other convalescent homes shall only be occupied by bona fide residents of such facilities. Rooms or suites may be provided for individuals that are not considered residents of the nursing home, personal care home, or convalescent home, so long as units used for that purpose do not comprise more than 15% of the total beds provided at the facility. Residents of such rooms or suites must be permitted to use all on-site services through a rental or lease contract with the facility.

A minimum of 50% of the parcel on which the use is located shall be landscaped.

Buffer yard plantings are required in the yard setback areas of all parcels containing a nursing home, personal care home, or other convalescent home. The amount of landscape plantings to be provided shall be determined by utilizing Table 1 in Chapter 12, Article II, Section 6.11.13.

Parking areas shall not be permitted in the required front, side, or rear setback areas.

A nursing home, personal care home, or other convalescent home shall be located within 1,000 feet of a public transportation station or public transit stop.

(26)

Recreational resorts. It is the intent of this subsection to provide for the orderly development of recreational resorts within specified areas of the Natural Areas and Agricultural District(s) within Harris Township.

[Added 2-9-2015 by Ord. No. 311; amended 3-14-2022 by Ord. No. 348]

Recreational resorts must operate in conformance with all applicable local, state and federal laws, rules and ordinances.

The minimum parcel size required to operate a recreational resort shall be 50 acres.

Recreational resorts shall only be permitted to operate on parcels that are located adjacent to an arterial or collector street.

Recreational resorts shall only be permitted on parcels located within the Regional Growth Boundary and Sewer Service Area.

Parking areas shall not be permitted in the required front, side, or rear building setback areas.

Outdoor recreational facility requirements. A minimum of 90% of a parcel containing a recreational resort shall be designated and used as an outdoor recreational facility as defined by this chapter.

The portion of the parcel to be used as an outdoor recreational facility shall be identified on the associated land development plan.

No more than 10% of the land area used as an outdoor recreational facility shall be covered by the ground floor area of primary and accessory buildings.

Visitor-oriented facilities area. A maximum of 10% of a parcel containing a recreational resort may contain visitor-oriented facilities. Visitor-oriented facilities include overnight lodging, personal services, restaurants, and meeting facilities.

The portion of the parcel that will contain visitor-oriented facilities shall be identified on associated land development plans.

The visitor-oriented facilities area shall consist of one contiguous portion of the parcel. Visitor-oriented facilities are not permitted on portions of the parcel identified for use as an outdoor recreational facility.

All required parking for visitor-oriented facilities shall be provided within the visitor-oriented facilities area identified on the land development plan.

No more than 50% of the visitor-oriented facilities area shall be covered by primary and accessory structures, parking areas, driveways, and other impervious surfaces.

A visitor-oriented facilities area shall be set back a minimum of 250 feet from all parcel lines, except those that are adjacent to a public street.

(27)

Accessory solar energy systems. It is the intent of this subsection to provide for the orderly development of accessory solar energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety, and welfare of adjacent and surrounding land uses and properties.

[Added 4-12-2021 by Ord. No. 347]

All types of solar energy systems are permitted in all zoning districts as an accessory use to any lawfully permitted primary use on the same property. Solar energy systems shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

Zoning and building permits are required for the installation and/or alteration of all ground-mounted and building-mounted solar energy systems.

Solar panels associated with solar energy systems shall have tempered, nonreflective surfaces that utilize antireflective (AR) glass and/or glass with a light-diffusing texture on the front surface.

All mounting supports and hardware associated with a solar energy system shall have nonreflective surfaces.

When a solar energy system utilizes a battery system that is stored outdoors, said battery(ies) must be placed in a secure, locked container or enclosure. Containers or enclosures that contain battery systems shall be designed and constructed in a manner that prohibits the leakage of hazardous chemicals onto the ground. Notification shall also be made to the Boalsburg Fire Company with the location of the batteries on site.

No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

Glare. Glare or glint from a solar energy system shall be regulated as follows:

It shall be the responsibility of the applicant to demonstrate to the Township that the proposed solar energy system will be installed in a manner to limit to the greatest extent possible any glare or glint from the solar energy system.

The latest version of the solar glare hazard analysis tool (SGHAT) or an acceptable equivalent may be used to demonstrate to the Township the amount, location and timing that glare may be projected onto a habitable structure located on an adjacent property or on an adjacent right-of-way.

If it is determined that a solar energy system will project glare or glint onto a habitable structure located on an adjacent property or roadway, the Township may require one or more of the following methods to limit glint or glare:

Modification of the placement of the solar energy system in terms of location, angle of tilt, and/or azimuth angle of the solar collector(s);

Placement of landscaping or other physical object to limit the projection of glare or glint.

Self-contained solar energy systems. Solar energy systems located on a light fixture, sign or other similar device shall be permitted wherever such device is located with the following regulations:

The solar energy system is limited in size so that it provides only enough energy for the device it is mounted on.

No part of the solar energy system shall extend more than three feet above the device it is mounted to or the maximum height permitted for the device, whichever is less.

Prior to installation of a self-contained solar energy system, the applicant shall inquire with the Zoning Officer and the Centre Region Code Administration to determine if any permits are required.

Building-mounted solar energy systems. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures, subject to the following restrictions:

Building-mounted solar energy systems shall be considered part of the building they are attached to and shall meet all required building height and setback requirements.

For a building-mounted solar energy system installed on a sloped roof, the solar energy system shall be installed at any angle given that the highest point of the system shall not exceed the highest point of the roof to which it is attached.

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached, subject to the maximum height restrictions of the underlying zoning district. Building-mounted systems installed on a flat roof shall not be visible from any adjacent public right-of-way.

Solar energy systems located on roofs of primary structures shall maintain at least a thirty-inch-wide pathway on at least three sides of the solar energy system except on flat roofs, in which case all four sides of the system must have a thirty-inch-wide pathway. In the event a sloped roof has two roof planes that meet forming "hips" or "valleys," the 30 inches shall be measured between the solar energy systems located on each roof plane. The thirty-inch requirement shall not apply to nonhabitable accessory structures such as detached garages, car ports, sheds, etc.

Ground-mounted solar energy systems are permitted as accessory structures in all zoning districts, subject to the following conditions:

Ground-mounted solar energy systems shall meet all applicable setback requirements of the zoning district in which they are located. Setbacks for ground-mounted solar energy systems that are less than 144 square feet in size shall comply with 12-2.4A(1)(d).

In residential districts, ground-mounted solar energy systems shall not be closer to the front yard setback than the dwelling or structure they serve unless the applicant demonstrates that, due to solar access limitations, no other locations exist on the property where the solar collectors can perform effectively.

The height of any ground-mounted solar energy system and any mounts shall not exceed 12 feet when oriented at maximum tilt. The height of the ground-mounted solar energy system shall be measured from ground level to the highest point of the solar panel.

Ground-mounted solar energy systems are structures and must comply with the maximum lot coverage requirements of the underlying district. In the absence of an impervious calculation approved by the Township Engineer, all ground-mounted solar system panels shall be considered impervious coverage and shall comply with the impervious coverage limitations of the underlying zoning district.

(28)

Roadside farm stands. Roadside farm stand regulations:

[Added 3-14-2022 by Ord. No. 348]

A roadside farm stand shall be accessory to an active on-site agricultural operation. Nonagricultural commodities can be sold so long as no more than 200 square feet of the total floor area of all roadside farm stand-related structures are dedicated to such.

A roadside farm stand shall be operated by the landowner of the property on which it and the active agricultural operation are located.

All structures related to the roadside farm stand shall comply with the setback requirements for agriculture-related structures.

(29)

Agritainment enterprise.

[Added 3-14-2022 by Ord. No. 348]

An agritainment enterprise shall only be permitted on properties in the Agricultural, Agricultural Residential and Natural Areas Districts that are 10 acres or larger in size. The agritainment enterprise shall only occur on two acres or less of the property.

An agritainment enterprise shall only be permitted on a parcel that contains an active agricultural operation. The agritainment enterprise shall remain subordinate and accessory to the active agricultural operation at all times. An agritainment enterprise shall not be permitted on property that does not contain an active agricultural operation.

An agritainment enterprise shall be operated and maintained by the owner or operator of the active agricultural operation located on the property. Adjacent properties in common ownership can be utilized by the agritainment enterprise as long as they are utilized for a single agricultural operation.

All outdoor storage areas associated with the agritainment enterprise shall not be visible from adjoining or nearby properties or any public rights-of-way.

An agritainment enterprise, including all related activities that take place outdoors, shall comply with the minimum setback requirements for agricultural structures, as outlined in the zoning district regulations.

The sale of any goods or merchandise must comply with the roadside farm stand regulations in § 12-2.4A(28).

Outdoor amplified sound is prohibited after 10:00 p.m. Sunday through Thursday and after 11:30 p.m. on Fridays and Saturdays.

Vehicles shall not be permitted to park in the right-of-way of any public street.

Agritainment enterprises shall provide one off-street parking space for each 350 square feet of floor area and one space for every 1,000 square feet of outdoor related activities. A minimum of five off-street parking spaces must be provided for any agritainment enterprise.

The applicant must provide for sufficient off-street parking spaces and off-street loading spaces for all uses and activities proposed to be operated as part of the agritainment enterprise. Parking areas shall comply with the minimum setback requirements for agricultural structures, as outlined in the underlying zoning district regulations. If, at any time after the opening of the agritainment enterprise, the Township determines that parking, loading or traffic back-ups are occurring on adjoining roads, and such are directly related to the lack of on-site facilities on the subject property, the Township can require the applicant to revise and/or provide additional on-site parking and/or loading space to meet the off street parking and loading provisions of this chapter and require implementation within 15 days. The Township may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. All parking areas shall contain fencing or other appropriate devices to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

(k)

An agritainment enterprise shall only be established or modified following the approval of a site plan as defined in § 12-9.3B, or when required, a land development plan as defined in Chapter 11. In addition to submitting a site plan or land development plan, the applicant shall also provide a narrative that includes the following information:

A complete list of the activities proposed with the agritainment enterprise.

A description of the agricultural use(s) on the property and how the agritainment enterprise relates to and supports such.

The location, area, number of spaces, and surface materials of all existing and proposed parking, the on-site traffic routing plan, and general safety plan as it relates to vehicles/pedestrians.

The anticipated duration of the agritainment enterprise (year-round, summer months, seasonal, etc.).

The proposed hours of operation.

Documentation that any required outside agency approvals have been obtained. (PaDOT, SEO/DEP, etc.).

Where a farm stay is proposed on a property that does or will utilize an on-lot septic disposal system, the property owner shall be required to execute an "agreement for farm stay establishments with on-lot-septic systems" with the Harris Township Sewage Enforcement Officer prior to Township approval of the use; the form for such agreement shall be obtained from the SEO or the Zoning Officer.

A statement acknowledging that if any planned or unplanned special services are required that become the responsibility of Harris Township, physically and or financially, that the operator(s) of the agritainment enterprise agree to provide reimbursement of actual costs to Harris Township.

Acknowledgement that a new or revised narrative will be required should any of the information provided be changed.

(30)

Campground regulations. In addition to the district regulations specified, all campgrounds shall meet the following requirements:

[Added 3-14-2022 by Ord. No. 348]

Each campsite shall be at least 3,000 square feet in size and shall provide one parking space per § 12-7.9B. The maximum density of campsites shall be 10 per acre.

All campsites shall be accessed via an internal street system. The width of one-way access drives shall be at least 16 feet. All two-way access drives shall conform to the design, service, and access standards established for local streets in Chapter 11.

No campsite may be established within 200 feet of a single-family dwelling. All areas of the campground that are adjacent to properties containing a residential use shall be screened with a vegetative buffer of natural or planted materials.

All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially-zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.

All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line.

Campgrounds may include a camp store for sales of routine items to campers, subject to the following regulations:

The camp store shall remain incidental and accessory to the campground use;

The camp store shall be designed and operated to serve the campground's registered guests and their visitors;

The camp store shall be limited to sales of recreational, household, food, gift and camping items;

Camp stores shall be no larger than 1,000 square feet gross floor area;

The camp store shall be set back at least 100 feet from all property lines;

Vehicular access to the camp store and any parking area related to the camp store shall be provided from the campground's internal street network; and

Licensed signage shall only advertise the principal campground use and shall not advertise the location or presence of an on-site camp store. Any signage on the structure containing the camp store shall not be visible from any public streets adjacent to the property.

During operation every campground shall have an office in which shall be located the person responsible for operation of the campground.

§ 12-2.5 Lot requirements.

[Amended 10-9-1995 by Ord. No. 168; 4-13-1998 by Ord. No. 195; 3-14-2005 by Ord. No. 252]

The lot requirements for any use or structure shall not include any part of a lot that is required by any other use or structure to comply with the requirements of this chapter.

Minimum lot size and width. All lots shall conform to minimum lot size and width requirements stipulated for each use in the district regulations.

Maximum lot coverage. The total ground floor area of all structures shall not exceed the maximum allowable coverage specified in the district regulations.

Open space rural clustering requirement.

[Amended 12-8-2008 by Ord. No. 281; 3-14-2022 by Ord. No. 348]

Residential development of land in the Agricultural Residential Zoning District shall comply with the following requirements for the purposes of preserving large tracts of farm and forest land and other open spaces for future generations. Open space rural clustering is established:

To encourage innovative residential development and design resulting in a coherent overall development pattern and streetscape.

To conserve and efficiently use open space in the Agricultural Residential zoning district by maintaining permanent open space through the use of cluster development techniques, and ensuring that this open space is incorporated as an integral component of community and neighborhood design.

To promote the conservation and preservation of the agricultural, forest, and rural resources of Harris Township.

To promote the creation of pedestrian and bicycle corridors.

To preserve environmentally sensitive features.

To preserve historically significant elements.

To minimize the visual impact of new development from arterial traffic.

To implement the environmental protection policies of the Centre Region Comprehensive Plan by maintaining areas in open space which are identified by the Natural Resources Map adopted in the Comprehensive Plan.

To promote land development beneficial to maintaining high quality watersheds, as defined in the Pennsylvania Department of Environmental Protection "Special Protection Waters Implementation Handbook," as amended.

To blend rural and suburban design elements where public sewer is available, providing transitional residential areas between higher-density zoning and lower-density development outside of the public sewer service area identified in the Centre Region Act 537 Sewage Facilities Plan.

(k)

To decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development.

(l)

To promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets.

(m)

To provide opportunities for social interaction and walking and hiking in open space areas.

Provisions. All land included in the Agricultural Residential Zoning District to be developed for single-family detached dwellings shall be developed as per the district regulations contained in Article III, with lot and yard setback requirements for each lot reduced to those applicable to single-family detached dwellings with off-site sewer service in the Single-Family Residential (R-1) Zoning District. When individual on-lot sewer service is utilized, land development shall comply with the minimum lot size for single-family detached dwellings with on-site sewer service in the R-1 Zoning District.

The total number of dwelling units which may be placed on the tract shall be based on:

The sewage disposal capacity of the developable portion of the tract; and

The extent and locations of environmentally sensitive areas such as steep slopes, wetlands, and floodplains, as identified on the Natural Resources Map adopted in the Centre Region Comprehensive Plan. The density of the cluster development shall not exceed the projected density of a development using one-acre minimum lot sizes, except for lands zoned Agricultural Residential (AR) within the sewer service area, as described herein, which are permitted a density of no more than two dwelling units per acre.

Areas defined as environmentally sensitive shall be reserved as open space, unless specifically exempted by agencies responsible for the permitting of development in wetlands, floodplains, and steep slopes.

Sanitary sewage disposal shall comply with Chapter 11, Subdivision and Land Development, § 11-4.5, Sanitary sewage disposal.

All tracts of land within the Agricultural Residential Zoning District which are 10 acres or more in area at the time of adoption of Ordinance No. 168, enacted October 9, 1995, shall comply with the open space rural clustering requirements of this section, except as follows:

All parent tracts which are 10 acres or more in area at the time of adoption of Ordinance No. 168, enacted October 9, 1995, may subdivide as many as two residential lots without compliance to the open space rural clustering requirements of this section.

Any such exempt lot of less than 10 acres in area shall be prohibited from further subdivision; such prohibition shall be plainly noted on the subdivision plan as a condition of approval.

The total size of the tract for single-family detached dwellings permitted under this section shall be at least 10 acres.

Rural clustering outside the sewer service area. No more than 50% of the total tract shall be developed for single-family detached dwelling lots or dwellings utilizing the options below, including streets and accessory uses.

Rural clustering within the sewer service area. No more than 50% of the total tract shall be developed for single-family detached dwelling lots or dwellings utilizing the options below, including streets and accessory uses.

The applicant may place single-family semidetached dwelling(s), single-family attached dwelling(s), two-family detached dwelling(s), or two-family semidetached dwellings on the tract; however, density shall not exceed two dwelling units per acre. Development of this type is subject to the following requirements:

Single-family semidetached dwellings, single-family attached dwellings, two-family detached dwellings, and two-family semidetached dwellings shall conform to minimum lot sizes, yard setbacks, maximum height requirements, etc. identified in § 12-4.2, Two-family residential district.

Zero lot line dwellings are permitted as allowed by § 12-7.1, Zero lot line dwellings, of this chapter.

The total number of dwelling units which may be placed on the tract shall be based on the extent and locations of environmentally sensitive areas such as steep slopes, wetlands, and floodplains, as identified on the Natural Resources Map adopted in the Centre Region Comprehensive Plan. In no case shall the overall density on lands zoned Agricultural Residential (AR) within the sewer service area exceed two dwelling units per acre.

Workforce housing.

A range of housing options promotes diverse and thriving neighborhoods, schools, and communities. It also aids the recruitment and retention of local businesses and their workforce, which are essential to the economic welfare of the community. The purpose of this section is to support the housing goals of the Centre Region Comprehensive Plan, which recommends providing a wide range of sound, affordable and accessible housing; to create a long-term stock of workforce housing units in Harris Township; to encourage housing choices for families of all income levels; to assure that workforce housing units are similar in appearance and functionally equivalent to market rate units; and to foster public-private cooperation in the development of workforce housing units. For parcels of 30 acres or more zoned Agriculture (A) within the sewer service area and proposed for residential development, a percentage of the total number of dwelling units may be designated as workforce housing. The percentage of workforce housing required shall be in direct proportion to the percentage of open space provided, as follows: 40% open space, 10% workforce units required; 30% open space, 15% workforce units required.

For the purposes of this section, "workforce housing" is defined as housing that is affordable to households making from 60% to 100% of the area median income, as determined annually by the U.S. Department of Housing & Urban Development for Centre County. Housing affordability is defined by the U.S. Department of Housing & Urban Development.

Workforce housing units used as the basis for approving a density bonus or open space reduction shall require submission of a housing development plan, describing the number of workforce housing units, the percentage of units between the ranges of 60% and 100% AMI, the construction requirements, and affordability restrictions. This plan is to be developed with the guidelines set forth in the Harris Township Workforce Housing Policy and Procedures Manual, as adopted by the Board of Supervisors.

The housing development plan shall be prepared in consultation with the Centre County Housing & Land Trust, or other nonprofit housing agency designated by the Township, and approved by the Board of Supervisors as a condition of plan approval.

Neighborhood commercial uses. For residential development projects on lands zoned Agriculture (A) within the sewer service area, a neighborhood commercial use is permitted. Neighborhood commercial uses shall comply with the following:

The overall size and type of commercial development shall be restricted to prevent the establishment of intensive commercial-type facilities that exceed the local orientation.

Commercial uses shall not occupy more than 2% of the total tract size of the parent lot.

Commercial uses are limited to one location for parent tracts of less than 40 acres. Commercial uses may occupy no more than two locations on parent tracts of 40 to 80 acres, and not more than three locations for parent tracts or 80 or more acres in size.

The lot size for neighborhood commercial uses shall be no less than 3,000 square feet nor shall the lot size exceed one acre.

Building coverage area shall not exceed 25% of the commercial lot size.

Lot Requirements			Yard Setback Requirements
Minimum Size	Minimum Width (feet)	Maximum Coverage	Front (feet)	Side (feet)	Rear (feet)	Maximum Height (feet)
3,000 square feet	50	25%	Lots <10,000 square feet: 20	10	30	35
Maximum Size
1 acre	50	25%	Lots >10,000 square feet: 20	15	50	35

Commercial uses shall be designed to provide basic convenience goods and services to existing and future nearby residences. Uses permitted by right include:

Retail establishments for food, apparel, pharmaceuticals, flowers/gifts, hobby/craft supplies, sporting goods, books, toys and games.

Beauty and barber shops.

Seasonal produce/flower market/tree sales.

Child and adult day care.

Laundromat and dry cleaners (dropoff and pickup only).

[vi]

Medical and dental offices/clinics (excluding animal hospitals and veterinary offices).

[vii]

Business, professional and financial offices.

[viii]

Health club.

[ix]

Cafe, deli, coffee shop, caterer (excluding drive-through facilities).

Bank, ATM.

Community center.

Antique dealers.

Studios for the arts and handcrafts; photographic studios.

[xiv]

Public libraries, museums, civic buildings (excluding maintenance facilities).

Neighborhood commercial uses shall provide convenient pedestrian access and shall accommodate bicycle facilities. Any necessary parking facilities shall be located to the side or rear of any structure and shall include handicap parking. Given the close proximity of these small neighborhood commercial uses to the predominately residential area, parking for commercial uses is not permitted within the setback to allow for a larger buffer area.

Neighborhood commercial uses shall be centrally located and within walking distance to residential uses, community open space, and public transit facilities to encourage pedestrian/bicycle activity and to create informal gathering places for residents of the community. A bus shelter and bus pulloff shall be provided to accommodate the safe boarding of transit passengers and smooth transition of traffic.

[f]

Neighborhood commercial buildings may include one accessory dwelling unit of no more than 750 square feet in area.

[g]

The design of neighborhood commercial uses shall be compatible with the community character of the neighborhood and the surrounding area. All portions and sides of buildings shall be surfaced with the same and/or compatible materials as are used on dwelling units. 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.

[h]

Sign regulations for the neighborhood commercial uses shall permit signs of adequate size to advertise the business(es), while respecting the residential character of the surrounding neighborhood. Signs for the neighborhood commercial uses shall meet the sign regulations for the Village Zoning District, as specified in Article XIV.

One off-premises sign of not larger than 25 square feet per face is permitted at each arterial or collector entrance to the development, to advertise the neighborhood commercial business(es) within the development and indicate their general location.

Parking for neighborhood commercial uses, number and computations. In computing the required number of spaces, all fractional numbers shall be increased to the next highest integer.

Use	Number of Required Parking Spaces
All retail and service establishments, except those listed below:	1.5 per 250 square feet of retail and service floor area
Barbers and beauticians	2 per chair
Business, professional and financial offices	1 per 400 square feet of floor area
Medical/dental offices	5 per practitioner, based on maximum design capacity
Cafe, deli, coffee shop, caterer	1 per 4 persons, based on maximum design capacity
Child/adult day care	1.5 per client
Community center	1 per 3 persons, based on maximum design capacity
Public library, museum, civic building	1 per 400 square feet of floor area

Open space requirements. The undeveloped portion of the tract shall be used for one or more of the following uses. As part of plan approval, the Board of Supervisors reserves the right to require, when deemed appropriate, that the first option listed herein be mandatory for a portion of the open space: public park and recreational uses (whenever possible, open space shall be contiguous with other existing or planned parks/open space areas); the tilling of the land, the raising of crops, fruits, vegetables, and the raising and keeping of livestock and poultry and fish; horticultural uses related to the raising, propagating, and selling of trees, shrubs, flowers, and other plant materials; usual farm structures, including barns and greenhouses (one single-family detached dwelling of the farm operator shall be allowed. All farm structures shall comply with applicable zoning and other requirements); commercial establishments for the processing, storage, and sale of farm products produced and raised on the premises (structures shall comply with applicable zoning and other requirements); areas for potable water well use, areas for treatment/disposal of wastewater discharges.

The portion of the tract used in accordance with Subsection C(2)(h) above shall be a single lot of record.

Minimum lot widths for areas intended to be used as access to open space shall be no less than 50 feet, measured at the street. Lot width for areas not intended for access shall meet or exceed the minimum requirements for residential lot width in the zoning district where the development is located.

That portion of the tract to remain in open space shall be bordered and labeled "open space" on the preliminary and final plans. All such plans shall include a statement limiting the use of the property to those listed in Article II, § 12-2.5C(2)(h) of the Harris Township Zoning Ordinance. The uses shall be listed within the statement on the plans.

At the time application is made to the Township for preliminary plan approval, the applicant shall supply a written agreement to the Township, in a manner and form acceptable for recording by the Recorder of Deeds, Centre County, Pennsylvania, stipulating the means by which said open space shall be preserved for the uses permitted by the subsection.

Such means shall be determined according to the following hierarchy:

Retention of land by owner at the time of cluster development with covenants that the open space portion of the land shall be limited to the uses allowed in Subsection C(2)(h) or its success in perpetuity. The agreement shall list the specific uses permitted on the property, as listed in Subsection C(2)(h);

Right of first refusal for acceptance of dedication of part or all of the open space to the Township that may also include dedication of easements to the Township, or other public entity;

Establishment of a corporate ownership of the open space by the homeowners of the developed portion of the tract, incorporating into the deeds of the homeowners an interest in such open space, indicating the uses, as permitted above, to be made of such open space; or

Disposition of such open space to a private or nonprofit corporation chartered under the laws of Pennsylvania to administer and maintain the facilities subject to an acceptable deed restriction limiting the eventual disposition of said open space for one or more of the uses permitted above and stated in the Articles of Incorporation.

Maintenance and other responsibilities for land reserved for open space intended to be retained in private ownership shall be set forth in an agreement between the owners, or where land is to be retained by a single owner, shall be set forth in a formal, written document which shall be binding on the owner(s), referenced by note on the subdivision plan, and recorded with the County of Centre.

Procedure for approval. All land to be developed under the zoning provisions of this subsection shall be subdivided in accordance with Chapter 11, Subdivision of Land.

Nothing in this section shall be construed to mean denial of the right of the landowner to otherwise develop in accordance with the regulations applicable to the appropriate rural district, nor shall it exempt any development from complying with other applicable requirements of this chapter.

Conservation design subdivision and land development requirements.

[Added 3-14-2022 by Ord. No. 348]

In addition to the general goals stated in § 12-3.1A for the Agricultural District, Conservation Design requirements are established:

To contribute to the creation of a system of interconnected, community wide greenways that support wildlife habitat and corridors while providing benefits to current and future residents;

To conserve areas containing sensitive natural features such as woodlands, steep slopes, stream corridors, floodplains, and wetlands;

To conserve sites of historic, cultural, architectural, or archeological value by placing those sites in green space;

To protect productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

To protect water quality and reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes;

To preserve the rural atmosphere by maintaining and protecting the rural landscape while also permitting residential development at an overall low density;

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce the length of roads and utility runs and the amount of paving required for residential development;

To provide a wider range of feasible locations for stormwater and wastewater facilities in order to comply with prevailing state-of-the-art designs and best management practices;

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences;

To implement adopted land use, conservation, housing, community facilities and sustainability policies, as identified in the Centre Region Comprehensive Plan.

Applicability. The Conservation Design requirements of Chapter 12, Article II, § 12-2.5D shall apply to all land developments that propose single-family dwellings or lots in the Agricultural District on tracts which are six acres or more in area and are not part of a conservation design subdivision or land development or a previously approved open space lot that was established via § 12-2.5C prior to adoption of this ordinance. Where Conservation Design standards are in conflict with other sections of the zoning ordinance, the standards included within this ordinance shall apply.

Procedure for approval. All land to be developed under the zoning provisions of this subsection shall be subdivided in accordance with Chapter 11, Subdivision of Land.

All parcels created through the standards contained in this ordinance are prohibited from further subdivision that would result in the creation of lots that would not comply with the declared conservation design development option. Greenway land is prohibited from any further subdivision. Such prohibitions shall be noted on all subdivision plans.

All parent tracts that are 6.5 acres or more in area at the time of adoption of this subsection and are not part of a conservation design subdivision or land development or a previously approved open space lot that was established via § 12-2.5C prior to adoption of this subsection may be subdivided into exempt lots, without compliance with the conservation design requirements herein. An exempt lot cannot be created on a parent tract that is less than 6.5 acres in size. Exempt lots may be subdivided per the following table:

Parent Tract Acreage	Exempt Lots Permitted
6.5 to 9.99	1
10 to 19.99	2
20 to 39.99	3

One additional exempt lot may be subdivided for every additional 20 acres of parent tract acreage (e.g. 40 to 59.99 acres may have up to four exempt lots, 60 to 79.99 acres may have up to five exempt lots, etc.) Exempt lots created through this subsection shall be prohibited from further subdivision. Such prohibition shall be plainly noted on the subdivision plan as a condition of approval. The plan shall also include a note specifying Exempt lots shall comply with the following requirements:

Exempt residential lots established through this subsection shall be between 1.5 and 4.99 acres in size.

Exempt lots of five acres or more can be established, according to the following standards:

The acreage consumed by exempt lots shall not exceed the number of exempt lots permitted on the parent tract, multiplied by 4.99.

In any subdivision that proposes the creation of an exempt lot or lots, the resulting residue tract acreage shall be a minimum of five acres. Any further subdivision of the residual tract shall comply with the conservation design standards. This requirement shall be plainly noted on the subdivision. If it is determined that the residue tract cannot be further subdivided in compliance with the conservation design standards, a note shall be placed on the plan indicating that future subdivision may not be possible.

All plans that propose the creation of an exempt lot or lots shall include a note that quantifies the remaining number of exempt lots that may be subdivided from the parent tract, and the potential acreage of such exempt lots, as applicable.

Any conservation design subdivision or land development that proposes the creation of lots that are five acres or more in size shall include a note on the plan stating that agricultural uses shall be permitted on such lots per the restrictions found in § 12-3.1B. The note shall specify that lots between five and 9.99 acres in size shall only be permitted for horticultural uses.

Design process for conservation design subdivisions and land developments. All plans for conservation design subdivisions shall document completion of a five-step design process, via plan sheets, as described below:

Identification of conservation resources. Conservation resources, as identified in § 12-2.5D(7)(c) of this chapter, shall be identified prior to the delineation of greenway land. A map showing the location of such resources on the parent tract shall be provided with all applications for a conservation design subdivision.

Creation of a yield plan. The applicant shall prepare a yield plan, in accordance with § 12-2.5D(5), to determine the potential maximum number of dwelling units that could theoretically be built on the parent tract for which development is proposed. A yield plan is not required for developments that only propose the creation of country lots.

Delineation of greenway lands. The minimum acreage of required greenway land shall be calculated by the applicant and identified on the preliminary and final subdivision plans. This calculation shall be based upon the size of the parent tract. The applicant shall identify potential locations for stormwater and wastewater management areas, as needed, within the proposed greenway land.

Alignment of streets and establishment of lot lines.

Applicants shall delineate a street system that provides a safe pattern of vehicular access to each building lot.

Lots shall be accessed from interior streets where possible, rather than from roads bordering the tract. Greenway lands are exempt from this requirement.

Development options. In order to achieve the purposes in § 12-2.5D(1), the following development options are permitted within the Agricultural District:

Country lots option: provide for residential uses at very low densities and accommodating small agricultural operations. Greenway land is not required. Submission of a yield plan is not required for this development option.

Estate lots option: provide for residential/horticultural uses at low densities with at least 40% of the parent tract set aside as greenway land.

Density-neutral lots option: provide for residential uses at the maximum density established in this chapter as demonstrated through the preparation of a yield plan. A minimum of 60% of the parent tract must be set aside as greenway land.

Density-bonus lots option: provide for residential uses at a higher density than is permitted in the density-neutral option. A minimum of 70% of the parent tract must be set aside as greenway land.

Village lots option: provide for residential uses at the highest densities permitted in the Agricultural District, with 80% of the tract set aside as greenway land.

Flexible design option: provide for residential densities that cannot exceed 110% of the yield plan while permitting a variety of lot sizes. A minimum of 65% of the parcel must be set aside as greenway land.

(5)

Yield plan requirements. All plans for a conservation design subdivision development shall include a conventional subdivision design plan, referred to as a "yield plan." which illustrates the location of conservation areas and shows how the parent tract could be subdivided through conventional lotting. The yield plan shall meet the following requirements:

The yield plan may be prepared as a sketch plan in accordance with the standards contained in § 11-2.2B of the Subdivision and Land Development Ordinance.

The yield plan shall identify the tract's Level One, Level Two, and Level Three Conservation Areas defined in § 12-2.5D(7)(c) of this chapter.

The yield plan shall be laid out to be realistic, reflecting a development pattern that could be expected based upon the physical features of the parent tract. Yield plans must consider the presence of wetlands, floodplains, steep slopes, existing easements and rights-of-way. The yield plan shall be prepared based on the standards contained in Table 5.1 of this chapter and all sections of the Subdivision and Land Development Ordinance applicable to conventional lotting.

Table 5.1 Yield Plan Minimum Lot Standards
Minimum Lot Area	60,000 square feet
Minimum Lot Frontage	50 feet
Front Yard Setback	50 feet
Side Yard Setback	50 feet
Rear Yard Setback	75 feet

(6)

Maximum dwelling units. The results of the yield plan shall be utilized in conjunction with the density multiplier as it applies to the proposed development option to determine the maximum number of dwelling units permitted, including a dwelling unit on the required greenway land if proposed. The results of such calculation shall be rounded up to the next whole number.

For plans utilizing the country lots option, the maximum number of units permitted shall not exceed one dwelling unit per 10 acres of the parent tract.

For plans utilizing the estate lots option, the maximum number of units permitted shall not exceed the number of units on the yield plan, multiplied by a factor of 0.33.

For plans utilizing the density-neutral option, the maximum number of dwelling units shall not exceed the number of units on the yield plan.

For plans utilizing the density-bonus option, the maximum number of dwelling units shall not exceed the number of units on the yield plan, multiplied by a factor of 1.15.

For plans utilizing the Village option, the maximum number of dwelling units shall not exceed the number of units on the yield plan, multiplied by a factor of 1.5. No village option development shall exceed one dwelling unit per acre.

For plans utilizing the flexible design option, the maximum number of dwelling units shall not exceed the number of units on the yield plan, multiplied by a factor of 1.1.

(7)

Minimum greenway land required. Greenway land shall be required for all conservation design subdivision development options, except for those that only propose the development of country lots.

The minimum amount of greenway land required for each development option is described in the following table:

Development Option	Minimum Greenway Land Required
Country lots option	No greenway land required
Estate lots option	40% of parent tract acreage
Density-neutral lots option	60% of parent tract acreage
Density-bonus lots option	70% of parent tract acreage
Village lots option	80% of parent tract acreage
Flexible design lots option	65% of parent tract acreage

Greenway land parcels shall be a minimum of five acres in size, regardless of the parent tract size or the development option selected.

Greenway land shall be delineated to include all Level One Conservation Areas and, in addition, sufficient Level Two Conservation Areas that, when added to the Level One Conservation Areas, shall equal the minimum required Greenway Land. Level Three Conservation Areas should also be included in Greenway Land, where feasible. Conservation areas are defined as follows:

Level One Conservation Areas include:

100-year floodplains. As designated by the Federal Emergency Management Agency.

Jurisdictional wetlands. Any area meeting the official wetland definition of the U.S. Army Corps of Engineers shall be considered a wetland for the purposes of this chapter.

Perennial or intermittent streams and other watercourses, such as ponds and lakes.

Areas with slopes of 25% or greater.

Cemeteries and burial grounds.

[f]

Archaeological sites as regulated by state or federal agencies.

Level Two Conservation Areas include:

Mature woodlands. Any area, grove, or stand of mature or largely mature trees (larger than 10 inches dbh) covering an area of one acre or more shall be considered a mature woodland.

Paths and greenway corridors. Any area identified as a greenway, conservation corridor, or recreation corridor in the Centre County Recreation and Greenway Plan shall be considered a level two conservation area. Paths identified on the Harris Township Official Map shall also be included in this classification.

Prime farmland and farmland of statewide importance. Any area of prime farmland and/or farmland of statewide importance of at least five contiguous acres or more. Preservation of prime farmland shall take priority where both soil types exist on a parcel.

Level Three Conservation Areas include:

Historic sites and structures. Including any site or structure identified in the 1982 Historic Resources of the Centre Region inventory or on the National Register of Historic Places.

Hedgerows. Includes any linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specifically planted (e.g. as a windbreak).

Vegetation on slopes of 15% or greater which are beneficial to erosion control.

If a proposed conservation design subdivision is adjacent to another parcel that contains greenway land or a previously established open space lot, the greenway land for the proposed development shall physically abut the greenway land or open space on the adjacent property for a minimum of 100 feet, unless it can be demonstrated that such a connection is not possible.

Required greenway land shall be a single lot of record. Greenway land shall be prohibited from further subdivision. Such prohibition shall be noted on all subdivision plans.

Minimum lot widths for areas intended to be used as access to greenway land shall be no less than 50 feet, measured at the street. Lot width for areas not intended for access shall be at least 100 feet in width. Any area of greenway land that is used for agricultural purposes must be at least 300 feet in width.

The portion of the tract set aside as greenway land shall be bordered and labeled "greenway land" on the preliminary and final subdivision plans. All such plans shall include the following statement: "All lands labeled 'greenway lands' on this plan shall be used only as permitted in § 12-2.5D(8)(a) of the Harris Township Zoning Ordinance."

At the time application is made to the Township for preliminary plan approval, the applicant shall supply a written agreement to the Township, in a manner and form acceptable for recording by the Recorder of Deeds, Centre County, Pennsylvania, stipulating the means by which said Greenway Land shall be preserved for the uses permitted in § 12-2.5D(8)(a).

The agreement shall list the permitted uses outlined in § 12-2.5D(8)(a) according to the following hierarchy:

Retention of greenway land by owner(s) at the time of development with covenants that the greenway land shall be limited to the uses allowed in § 12-2.5D(8)(a) or its successor in perpetuity;

Right of first refusal for acceptance of dedication of part or all of the greenway land to the Township that may also include dedication of easements to the Township, or other public entity;

Establishment of a corporate ownership of the greenway land by the homeowners of the developed portion of the tract, incorporating into the deeds of the homeowners an interest in such greenway land, indicating the uses, as permitted above, to be made of such greenway land; or

Disposition of such greenway land to a private or nonprofit corporation chartered under the laws of Pennsylvania to administer and maintain the facilities subject to an acceptable deed restriction limiting the eventual disposition of said open space for one or more of the uses permitted in § 12-2.5D(8)(a) and stated in the Articles of Incorporation.

Maintenance and other responsibilities for land reserved for greenway land intended to be retained in private ownership shall be set forth in an agreement between the owners, or where land is to be retained by a single owner, shall be set forth in a formal, written document which shall be binding on the owner(s), referenced by note on the subdivision plan, and recorded with the County of Centre.

(8)

Use and design standards for greenway land. The following regulations shall apply to all greenway land established through this chapter. This section shall also apply to any open space parcel in the agricultural district that was established via § 12-2.5C prior to March 14, 2022.

Uses permitted on greenway land. Greenway land shall be used for only one or more of the following uses, subject to the minimum area per primary use requirements found in § 12-3.1B:

Agricultural and horticultural uses, including the tilling of the land; the raising of crops, fruits, and vegetables; the raising and keeping of livestock and poultry and fish; horticultural uses related to the raising, propagating and selling of trees, shrubs, flowers, and other plant materials; usual farm structures, including barns and greenhouses, including one single-family detached dwelling of the farm operator; commercial establishments for the processing, storage, and sale of farm products produced and raised on the premises. Concentrated animal feeding operations (CAFO) involving swine, poultry, cattle, mink, and other animals are prohibited;

Forestry uses related to the harvesting of lumber products;

Picnic areas, community gardens, trails and similar passive recreational uses;

Public park and recreational uses;

Water supply systems, sewage disposal systems and absorption fields, stormwater management systems, and associated easements intended solely for the proposed development are permitted within required greenway land, provided that they are not located within Level One Conservation Areas as defined in this chapter. Aboveground structures, equipment, or parking related to any of these systems shall not be included when calculating the minimum greenway land required;

Utility easements or rights-of-way shall be permitted. Aboveground utilities and street rights-of-way may traverse greenway land but shall not count toward the minimum required greenway land.

(9)

Dimensional standards for country, estate, density-neutral, density-bonus, and village lots. The dimensional standards in Table 9.1 apply to all lots, with the exception of greenway land parcels, established through the conservation design development options contained in this chapter:

Table 9.1
	Minimum/Maximum Lot Size (acre)	Minimum Lot Width (feet)	Front Yard Setback (feet)	Side Yard Setback (feet)	Rear Yard Setback (feet)	Maximum Building Height (feet)	Maximum Coverage	Maximum Impervious Coverage
Country lots	10/none	300	50	100	75	35	10%	20%
Estate lots	5/9.99	300	50	100	75	35	10%	20%
Estate lots	3/4.99	150 at the building setback line, 100 at the street line	50	50	75	35	20%	40%
Density-neutral lots	0.5/2.99	75 at the building setback line, 50 at the street line	20 on local and collector streets, 50 on arterial streets	10	50	35	30%	40%
Density bonus lots	0.3/1	50	20 on local and collector streets, 50 on arterial streets	10	30	35	30%	40%
Village lots	7,500 square feet/0.5	50	20 on local and collector streets, 50 on arterial streets	8¹	30	35	30%	40%

¹	Zero lot-line dwellings, in conformance with § 12-7.12, are permitted on village lots.

(10)

Flexible lots design option standards. Developments utilizing the flexible lots design option must meet the following requirements:

The development must contain at least three different conservation design lot types (country, estate, density-neutral, density-bonus, village).

Lot type shall be classified by the area of each proposed lot. The lot will qualify as the lot option with the overall lowest density.

No more than 35% of lots can be from any one lot category.

The type of each lot, along with its associated dimensional requirements as contained in Table 9.1, shall be clearly noted on the plan.

§ 12-2.6 Yard requirements.

[Amended 4-12-1993 by Ord. No. 148]

No structure shall be placed in the front, side, or rear yard setback areas specified for each use in Article II through Article VI of this chapter, except where specifically permitted below or in other sections of this chapter:

Where two or more primary structures for nonresidential use are proposed to be placed upon a lot in single ownership; the front, side, and rear yard setback areas are required only at lot lines abutting other property.

Where two or more detached or semidetached dwelling units are proposed to be built upon a lot in single ownership, the front, side, and rear yard setback areas are required as though each structure were on an individual lot.

Where a side lot line runs coterminous with a party wall of a semidetached and an attached dwelling, the side yard setback for such lot line does not apply to the structure.

Where two or more attached dwelling units are proposed to be placed upon a lot in single ownership, or upon two or more abutting lots under single ownership, the front, side, and rear yard setback areas stipulated in the district regulations are required only from the lot lines abutting the property of another. Within the lot, however, the minimum horizontal distance between facing walls of any two buildings shall be 40 feet.

Where a lot abuts upon a street (including private streets) with a right-of-way of less than 50 feet in width, the front yard setback shall be measured from a line parallel to, and 25 feet from, the center line of the street cartway.

Fences, hedges, and freestanding walls are permitted in any yard setback area unless otherwise restricted or prohibited by other provisions of this chapter.

Balconies, bay windows, chimneys and flues, columns, cornices and eaves, fire escapes, gutters and downspouts, sills, and unenclosed porches may project into the specified yard setback areas of a lot, but not more than three feet, except in the Village District, where they may not extend into the side yard setback.

On corner lots, nothing, including structures, fences, walls, and vegetation, shall be erected, placed, planted, or allowed to grow in such a manner as to impede the vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets and within an area bounded by the street right-of-way lines of such corner lots and a line joining points on these street right-of-way lines 25 feet from their intersection.

On a corner lot, the side yard abutting the street shall have a setback area equal to the depth of the front yard setback area required for the use, and shall be governed by all front yard setback requirements of this chapter. The owner shall choose what shall be the rear and side yards.

On a through lot, the rear yard setback width shall be either the rear or front yard setback width designated for the use, whichever is greater.

Buffer yards.

Where a Commercial or Industrial District adjoins a Residential District, a buffer yard of not less than 25 feet in width shall, at the time of development, be provided on such commercial or industrial land, except where the district boundary is coterminous with a public street. The buffer shall be parallel to, and adjacent with, the district boundary, and shall be completely covered with a vegetative ground cover. In addition, a sight-obscuring evergreen planting shall be placed the full length of the boundary in accordance with the following requirements:

All planting shall be at least four feet in height when planted, and shall reach a height of at least six feet at maturity.

All plantings and vegetative ground cover shall be maintained. Any plant material which does not live shall be replaced within one year.

Buffer yards shall not be used for parking, loading, storage, or structures. All except side buffer yards of interior lots may be crossed by access driveways and utility easements, provided such are not more than 25 feet in width at the point of intersection.