A. 
Identified area; effect on other provisions; zoning permits.
(1) 
The identified floodplain area shall be any areas of Harris Township, subject to the 100-year flood, which is identified as Zone A (area of special flood hazard) in the Flood Insurance Study (FIS) dated May 4, 2009, and the accompanying maps or the most recent revision thereof as issued by the Federal Emergency Management Agency, including all digital data developed as part of the Flood Insurance Study.
(2) 
This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.
(3) 
Zoning permits shall be required before any construction or development is undertaken within floodplain areas of the Township.
B. 
Description of floodplain areas.
(1) 
The identified floodplain area shall consist of the following specific areas:
(a) 
FW (floodway area). The areas identified as "floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(b) 
FF (flood-fringe area). The remaining portions of the 100-year floodplain in those areas identified as an AE Zone in the Flood Insurance study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the 100-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(c) 
FE (special floodplain area). The areas identified as Zone AE in the Flood Insurance Study, where 100-year flood elevations have been provided, but no floodway has been delineated.
(d) 
FA (general floodplain area). The areas identified as Zone A in the FIS for which no 100-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the 100-year elevation, as well as a floodway area, if possible. When no other information is available, the 100-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
(2) 
In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
(3) 
Within any FW (floodway area), the following provisions apply:
(a) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection regional office.
(b) 
Space below the lowest floor.
[1] 
Fully enclosed space below the lowest floor (including basement) is prohibited.
[2] 
Partially enclosed space below the lowest floor is prohibited.
(c) 
No variances shall be granted by the Harris Township Zoning Hearing Board for any development in the floodway that would result in increased flood heights.
(4) 
Within any FE (special floodplain area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.
(5) 
Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the 100-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(6) 
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated up to, or above, the 100-year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
C. 
Permitted uses. Floodplains may only be used for the following, provided such uses do not conflict with the limitations of Subsection D below:
(1) 
The tilling of land, the raising of crops, fruits and vegetables, and the raising and keeping of livestock and poultry;
(2) 
Horticultural uses related to the raising, propagating, and selling of trees, shrubs, flowers and other plant materials;
(3) 
Forestry uses related to the harvesting of lumber products;
(4) 
Public and private conservation areas for the conservation of open space, water, soil and wildlife resources;
(5) 
Park and recreational areas, including golf courses and driving ranges in districts where permitted;
(6) 
Essential services, provided such facilities are designed and built to minimize and eliminate flood damage and infiltration, and are designed and built to applicable University Area Joint Authority and State College Borough Water Authority specifications;
(7) 
Retaining walls, flood retention dams, culverts, and bridges as permitted by the Pennsylvania Department of Environmental Protection; and
(8) 
Customary uses accessory to the above.
D. 
Use limitations. The uses permitted in Subsection C are limited as follows:
(1) 
All buildings, even if customarily associated with the uses permitted, are prohibited, except park shelters;
(2) 
All other uses are prohibited, including, but not limited to, the following, which are not interpreted as being customary accessory uses: filling in of the floodplain or wetland or relocation of any watercourse; sanitary landfill or dumping of any kind; fences, except two-wire fences which will not impede, retard or change the direction of the flow of water or catch or collect debris carried by such water; outdoor storage of materials which are buoyant, flammable, explosive, or those hazardous materials listed in Section 38.7 of the Pennsylvania Department of Community and Economic Development's Floodplain Management Regulations, 16 Pa. Code § 38.7, as amended or supplemented; and on-site sewage disposal systems.
(3) 
No activity or development shall be allowed within an identified floodway or portion of the floodplain which would cause any increase in flood levels during the 100-year flood.
(4) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent communities which may be affected by such action have been notified by the Township, and all required permits or approvals first have been obtained from the Department of Environmental Protection. In addition, the Federal Insurance Administrator and the Pennsylvania Department of Community and Economic Development or its successor shall be notified by the Township prior to any watercourse alteration.
E. 
Site plan review. All applications for zoning permits for lots, uses, and structures located within a floodplain or wetland or 100 feet therefrom shall submit, along with the application, a site plan as required in Article IX of this chapter. The site plan shall include the elevation of the lowest floor of the structure, the elevation of the 100-year flood and certification by an engineer of any required floodproofing measures.
F. 
Development in floodplains and wetlands. It shall be the duty of any landowner or developer applying for a permit for development in a floodplain as designated in the Flood Insurance Study and accompanying Flood Insurance Rate Map (FIRM), or in a wetland designated by the Fish and Wildlife Service National Wetlands Inventory Maps, the 1995 Natural Resource Map prepared by the Centre Regional Planning Agency or on-site investigation to present evidence that all other necessary governmental permits, including those required by state and federal laws, have been obtained. This may include permits required by the Pennsylvania Sewage Facilities Act, No. 537 of 1965[1]; the Pennsylvania Dam Safety and Encroachment Act of 1979[2]; the Pennsylvania Flood Plain Management Act No. 166 of 1978[3]; and the Federal Water Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334; as amended.
(1) 
The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(a) 
Fill. If fill is used, it shall:
[1] 
Extend laterally at least 15 feet beyond the building line from all points;
[2] 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
[3] 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
[4] 
Be no steeper than one vertical to two horizontal feet unless substantiated data, justifying steeper slopes are submitted to, and approved by the Township; and
[5] 
Be used to the extent to which it does not adversely affect adjacent properties.
(b) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(c) 
Water and sanitary sewer facilities and systems.
[1] 
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
[2] 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
[3] 
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d) 
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(e) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(f) 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.
(g) 
Anchoring.
[1] 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
[2] 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(h) 
Floors, walls and ceilings.
[1] 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
[2] 
Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
[3] 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
[4] 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(i) 
Paints and adhesives.
[1] 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
[2] 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water resistant variety.
[3] 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(j) 
Electrical components.
[1] 
Electrical distribution panels shall be at least three feet above the 100-year flood elevation.
[2] 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(k) 
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(l) 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(2) 
In accordance with the Pennsylvania Flood Plain Management Act,[4], and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which: will be used for the production or storage of any of the following dangerous materials or substances; or, will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or, will involve the production, storage, or use of any amount of radioactive substances, shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(a) 
Acetone.
(b) 
Ammonia.
(c) 
Benzene.
(d) 
Calcium carbide.
(e) 
Carbon disulfide.
(f) 
Celluloid.
(g) 
Chlorine.
(h) 
Hydrochloric acid.
(i) 
Hydrocyanic acid.
(j) 
Magnesium.
(k) 
Nitric acid and oxides of nitrogen.
(l) 
Petroleum products (gasoline, fuel oil, etc.).
(m) 
Phosphorus.
(n) 
Potassium.
(o) 
Sodium.
(p) 
Sulphur and sulphur products.
(q) 
Pesticides (including insecticides, fungicides, and rodenticides).
(r) 
Radioactive substances, insofar as such substances are not otherwise regulated.
[4]
Editor's Note: See 32 P.S. § 679.101 et seq.
(3) 
Within any floodplain area, any new or substantially improved structure of the kind described above shall be prohibited.
(4) 
The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the following provisions shall apply:
(a) 
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the 100-year flood.
(b) 
No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the 100-year flood elevation more than one foot at any point.
(c) 
Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(d) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 32 P.S. § 679.101 et seq.
G. 
No modification or revision of any floodplain area shall be made without approval of the Federal Insurance Administrator.
H. 
No modification or revision of any wetland area shall be made without the approval of a qualified wetlands expert, after completion of an on-site investigation, a copy of which shall be provided to Harris Township.
I. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
The limits of the floodplain conservation regulations are hereby determined to be areas subject to periodic inundation by floodwaters or runoff as delineated in the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Map (FIRM) for Harris Township, as prepared by the Federal Emergency Management Agency.
(1) 
Areas subject to periodic inundation by floodwaters shall include: all flood hazard areas indicated as zones A, E, AE, AH, or AO on the aforementioned Flood Hazard Rate Maps; and all wetlands as defined herein and by both state and federal regulations.
(2) 
All proposed development within areas classified as hydric or hydric inclusive soils by the Soil Survey of Centre County, Pennsylvania, prepared by the U.S. Department of Agriculture, shall provide a wetlands delineation prepared by a qualified wetlands expert and be subject to review and acceptance by Harris Township.
(3) 
Excluded from the definition of floodplain are: all lands within such areas designated above to which the natural flow of floodwaters or runoff within drainage swales has been prevented because of lawful alterations to such areas by roads, dams, or other obstructions; and all lands which, prior to the passage of this section as part of the Code by Ord. No. 97, January 13, 1986, were filled with earth to an elevation greater than that of the boundary of the natural floodplain drainage swale as shown on said maps.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWATERS
Waters which escape from streams or other bodies of water and over low adjacent lands, as distinct from runoff.
FLOODWAY
The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this section, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this section as being inundated by the 100-year flood.
REGULATORY FLOOD ELEVATION
The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
TOWNSHIP
The Township of Harris, Centre County, Pennsylvania.
All land having slopes of 15% or greater shall be subject to the following regulations:
A. 
Intent. It is the intent of this section to control the development of land in areas containing slopes 15% or greater for the following purposes:
(1) 
To limit erosion and sedimentation;
(2) 
To protect watersheds and limit increases in stormwater runoff;
(3) 
To prevent landslides and soil subsidence;
(4) 
To maintain adequate vegetative cover on areas subject to erosion; and
(5) 
To protect streams from increases in sediment pollution.
B. 
Development shall not be permitted on slopes of 15% to 24.99% or greater unless a geotechnical evaluation, prepared by a licensed professional engineer, has been submitted and includes an engineering design that allows for the mitigation of any identified soil limitations on which development is proposed.
C. 
Permitted uses. Steep slopes of 25% or greater shall be prohibited from development, except when a tract primarily or completely contains slopes of no less than 25% or access to a tract cannot be achieved without development on slopes of 25% or greater. Such slopes may be used as permitted by the district regulations within which they are located, subject to the following requirements:
(1) 
Where it is necessary to use steep slopes to permit development of a lot as described in § 12-7.2C, all such proposals shall, in addition to other applicable regulations of this chapter, be in accordance with the following principles of development:
(a) 
Where development on slopes of 25% or greater is required in order to provide vehicular access to a property, the proposed location and design of the access shall provide the least practicable disturbance to slopes of 25% or greater located on the tract, as approved by the Township Engineer.
(b) 
Development shall be oriented so that grading, cutting, filling and similar site preparations are minimized.
(c) 
Where such grading is essential, it shall complement the natural topography and be phased, if necessary, to prevent excessive exposure of unprotected land.
(d) 
Installation of any vehicular access shall be completed as soon as possible after grading and in no case later than the end of the construction season when the work began.
(e) 
Areas around structures shall be landscaped to blend them with the natural landscape.
(f) 
Measures shall be taken to minimize erosion and sedimentation and to limit increases in stormwater runoff in accordance with related regulations of the Township and the Commonwealth of Pennsylvania.
D. 
Site plan review. All applications for zoning permits for lots, uses, and structures located, in whole or in part, on land with steep slopes shall include, along with the application, the approved site plan as required by Article IX of this chapter. Such applications shall also include an approved stormwater management plan if required by Chapter 13, Stormwater Management, of the Harris Township Code, and a copy of an erosion and sedimentation control plan as required by the Pennsylvania Department of Environmental Protection.
All uses of land and structures shall be prohibited which:
A. 
Produce heat or vibration perceptible by human senses beyond the lot line.
B. 
Produce glare from any process which emits harmful ultraviolet rays, including arc welding and acetylene torch cutting, perceptible beyond the lot line.
C. 
Produce electromagnetic radiation or radioactive emissions injurious to human beings, animals, or vegetation, or which interfere with the use of any other property.
The outdoor storage of materials shall be subject to the following requirements:
A. 
All outdoor storage of fuel, raw materials, and products, except finished products for retail sale to the public, in any commercial or industrial district, or in the Village (V) District, shall be completely screened from view from any public right-of-way and residential district by a sight-obscuring evergreen planting, fence or wall.
B. 
All discarded organic rubbish or garbage stored outdoors shall be placed in watertight, verminproof containers.
All methods and plans for the disposal of sewage and wastes shall be designed in accordance with regulations of the Pennsylvania Department of Environmental Protection pertaining thereto. A required sewage permit issued by the Township Sewage Enforcement Officer or University Area Joint Authority shall be a prerequisite to the issuance of a zoning permit.
A. 
Residential lighting.
(1) 
All outdoor lighting fixtures shall be designed and directed so as to prevent direct light from shining onto the property of any neighbor or onto any public street or sidewalk. All luminaires designed for entryway safety and decorative purposes on residential buildings and structures with lamps of 800 lumens (60 watts incandescent) or less do not require fixtures that cut off direct light from view.
(2) 
The regulations of Subsection B shall apply to parking lot illumination in any residential zoning district.
B. 
Nonresidential lighting.
(1) 
All nonresidential properties that provide outdoor lighting shall design such lighting so as to prevent a direct view of the light source (bulb) from any location off of the property by means of shielding, decreased pole height, or any other means determined to be acceptable to the Township. All luminaires designed for entryway safety and decorative purposes on nonresidential buildings and structures with lamps of 1,600 lumens (100 watts incandescent) or less do not require fixtures that cut off direct light from view.
(2) 
At the time of application for a zoning permit, a lighting plan showing proposed wattage, light fixture design, pole height, anticipated lighting pattern, and any other information deemed necessary by the Township shall be submitted for review and approval.
(3) 
At no time shall direct light from any nonresidential property be permitted to shine onto another property or onto any public street or sidewalk.
C. 
Illumination of outdoor canopies. The following regulations shall apply to the illumination of all outdoor canopies associated with any residential or nonresidential use or structure:
(1) 
All luminaires mounted on or recessed into the lower surface of any outdoor canopy shall be fully shielded and utilize flat lenses. Such shielding must be provided by the fixture itself; shielding by surrounding structures such as canopy edges is not permitted.
(2) 
The internal illumination of any outdoor canopy facade is prohibited.
Unless otherwise regulated by this chapter, any vacant portion of a lot not in use shall be planted with grass or similar vegetation, and/or trees and shrubs, except for farm uses and gardens left vacant outside the growing season.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with motor vehicle access to a public street via a private street. The intent of the following regulations is to provide safe and convenient access for servicing, fire protection, traffic circulation, and required off-street parking.
A. 
On arterial streets, access for each lot shall be limited to not more than two driveways for the 300 feet of frontage or fraction thereof, and one driveway for each additional 300 feet of frontage. On all other streets, access shall be provided by not more than one driveway for the first 50 feet of frontage or fraction thereof, and one driveway for each additional 50 feet of frontage.
B. 
No driveway shall be closer to the side or rear property line than five feet, unless the two adjoining property owners mutually agree to a common driveway.
C. 
Driveways which provide access to all uses other than detached and semidetached dwellings shall have a throat width of not less than 12 feet or greater than 24 feet, and the curb return radius shall not be less than 13 feet or greater than 15 feet.
D. 
In the R-3, RO, C-1, I-1, and I-2 districts, all driveways shall enter a public street right-of-way at least 100 feet from the intersection with another public street, except for intersections of two or more arterial streets, in which case the minimum distance shall be at least 200 feet. In all other districts, all driveways shall enter a public street right-of-way at least 50 feet from its intersection with another public street of any classification. If the lot width is insufficient to provide for the required distance, access shall be as far from the intersection as the lot and other provisions of this chapter will permit. For all cases cited above, the distance in which access is prohibited shall be measured from the tangent of the curb return of the intersection street cartway to the tangent of the curb return of the driveway, but shall not include, in measurement, any portion of either curb return.
E. 
If two or more driveways of the same lot enter a public street right-of-way, the distance between the entrances of the driveways shall be at least 50 feet.
F. 
Driveways are prohibited from intersecting with Main Street in the Village (V) District from any lot which has access on another public street or alley.
[Amended 11-10-2025 by Ord. No. 379; 8-15-2018 by Ord. No. 332; 3-14-2022 by Ord. No. 348]
Off-street parking and loading spaces shall be provided and maintained for each use and structure hereafter established, erected, altered, or extended in accordance with the provisions of this section:
A. 
General regulations.
(1) 
All required off-street parking spaces shall be used solely for the parking of motor vehicles by residents, visitors, patrons, or employees. Two or more motor vehicles without current and valid inspection stickers as required by the Commonwealth of Pennsylvania shall not be parked or stored on any lot unless within completely enclosed buildings, except in the General Industrial (I-1) District as part of a permitted auto wrecking, junk, and scrap establishment.
(2) 
Location.
(a) 
All required parking spaces shall be located on the same lot as the use they serve, except that:
[1] 
The owner of two or more abutting lots may locate the use on one lot and the parking space required for the use on another of his abutting lots; or
[2] 
Two or more abutting property owners may locate the parking space required for their uses on any of their lots if:
[a] 
The lot(s) providing the parking space abuts the lot(s) containing the use(s) it serves;
[b] 
All of the affected lots are in the same zoning district;
[c] 
The total number of spaces provided is not less than the sum of spaces required for all the uses;
[d] 
Means of pedestrian access is provided from the parking space to the uses so that pedestrians are not required to traverse property owned by other than said property owners, except where public sidewalks may provide the access; and
[e] 
That a lease, easement, or other form of agreement be executed among said property owners ensuring use of the required parking spaces until or unless the required parking spaces are located on the same lot as the use they serve; or
[3] 
In the Village (V) District, the parking spaces required for a use of a lot may be located on another lot, provided:
[a] 
The lot on which the parking is located is in the Village Commercial (VC) District or in the Village (V) District.
[b] 
The lot on which the parking is provided is within 66 feet of the lot on which the use is located; and
[c] 
That a lease, easement, or other form of general agreement be executed among the owners of the lot on which the use and parking are located ensuring the use of the required parking spaces until or unless the required parking spaces and the use which the parking spaces serve are located on the same lot.
(b) 
In all cases above, both lots shall be included in the application for a zoning permit.
(c) 
All parking spaces and lots open to the sky (i.e., not in garages and carports) shall be located no closer than five feet from any property line, except for abutting property lines of two or more lots exercising the options for common parking stipulated in Subsection A(2)(a)[1] above.
(d) 
All covered parking spaces and lots, including garages and carports, shall not be located within any yard setback area, except when permitted as an accessory building regulated in § 12-2.4A(1) of this chapter.
(3) 
Existing facilities. Parking spaces and lots serving structures and uses in existence at the date of the adoption of this chapter shall not be subject to the requirements of this section as long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements, or if already below such requirements, be reduced further.
(4) 
Change in requirements. Whenever there is an alteration or extension of a use or structure which increases the parking requirements according to Subsection B below, the total additional parking required for the alteration or extension shall be provided in accordance with the requirements of this subsection.
(5) 
Surfacing. All required off-street parking spaces and aisles shall be covered with asphalt or concrete, except those uses exempted from this requirement in rural zoning districts where alternate pervious materials are permitted. Regardless of the zoning designation for spaces and aisles which are not of the parking lot as herein defined, this may include gravel or other crushed stone. All impervious surface parking lots shall have parking spaces designated with a four-inch yellow or white stripe painted the entire length of each space in accordance with the dimensional requirements stipulated in Subsection B below.
(a) 
Impervious sections. Asphalt parking lots shall consist of 1.5 inches minimum depth ID-2 wearing course (9.5 mm Superpave PG 64-22), 2.5 inches minimum depth ID-2 Binder Course (25.0 mm Superpave PG 64-22), or three inches minimum depth bituminous concrete base course (25.0 mm Superpave PG 64-22), and 2A subbase (minimum depth four inches). A pavement section design must be submitted to the Township for review and comment for parking facilities where a high percentage of heavy vehicles is anticipated. Concrete parking lots may be either plain cement concrete or reinforced concrete (Class AA) on a 2A subbase (minimum depth six inches). Depth of concrete shall be determined by the design engineer and must be submitted to the Township for review and comment.
(b) 
Pervious sections. Pervious sections for parking facilities may be used in rural zoning districts, provided that the parking facility is to be used for infrequent, seasonal, or event parking and is outside of Township right-of-way.
[1] 
Pervious bituminous pavement section shall consist of an open-graded coarse aggregate base course, AASHTO #1 or AASHTO #2, for example, choked in with a smaller-sized open-graded coarse aggregate, AASHTO #57 or AASHTO #67, for example, overlaid with an open-graded bituminous pavement. Subsurface drainage must consist of an underdrain pipe system or other means of eliminating the runoff that has infiltrated through the pervious pavement. Infiltration capacity of the subgrade must be certified by a qualified geotechnical professional if the infiltration capacity of the subgrade is the only method provided for the removal of water. The design of the pervious pavement section along with all appropriate calculations must be submitted to the Township for review and comment.
[2] 
Turf pavers or "hardscaping" shall consist of a compacted coarse aggregate base with sand bedding on which open-grid concrete blocks are seated. The voids of the blocks are to be filled with topsoil, appropriate high-traffic grass seed and soil supplements. The construction method shall be in conformance with the manufacturer's recommended installation guidelines. The design, including evaluation of the suitability of the existing soil and manufacturer's cut sheets and recommended installation, shall be submitted to the Township for review and comment.
[3] 
Stabilized turf shall consist of coarse aggregate such as PennDOT 2A and topsoil along with appropriate soil supplements. Minimum depth of the stabilized turf to be eight inches. Design of stabilized turf shall be prepared by a qualified professional and must include evaluation of suitability of in situ soils and documentation of past projects using the proposed design.
B. 
Required off-street parking spaces. All uses and structures shall provide off-street parking spaces in an amount equal to, or greater than, the number listed below. The total number of parking spaces necessary for two or more uses, whether primary or accessory, on the same lot shall be the sum of that required for each use.
(1) 
Dimensions. Each required off-street parking space shall be at least nine feet wide and 18 feet long if set at an angle to the access aisle, or eight feet wide and 24 feet long if parallel to the access aisle.
(2) 
Number and computations. In computing the required number of spaces, all fractional numbers shall be increased to the next highest integer. When computation is based on the number of employees, the number employed during the largest work shift shall be used.
Use
Number of Required Spaces
Residential Uses
Structures with fewer than 4 dwelling units
2 per dwelling unit
Structures with more than 4 dwelling units
1.5 per dwelling unit
Commercial Uses
All retail and service establishments except those specified below
1 per 250 square feet of gross floor area
Furniture stores, contractor's equipment, farm equipment and feed sales, boat and marine, mobile home, motor vehicle, and monument burial vault and casket sales
1 per 400 square feet of gross floor area, plus 1 per 3,000 square feet of outside sales area
Automobile service station
1 per 400 square of gross floor area, 1 per fuel pump, plus 1 per bay if the station provides for repairs or service
Barbers and beauticians
1 space per 150 square feet of gross floor area or 2 spaces per barber or styling chair, whichever is less
Car wash
1 per wash bay plus 1 per 250 square feet of gross floor area (not including wash bays)
Mortuary
1 space for every 50 square feet of floor area in the parlors of the establishments, plus 1 space for every 300 square feet of remaining gross floor area
Bowling alleys
3 per lane plus 1 per 350 square feet of gross floor area (not including lanes)
Billiard parlors, table tennis, pinball machines, or similar amusement enterprises
1 per 350 square feet of gross floor area
Arenas, stadiums, auditoriums, theaters, roller rinks, ice rinks, and dance halls
1 per 175 square feet of gross floor area
Business, professional, and financial offices
1 per 300 square feet of gross floor area
Medical and dental offices, clinics
1 per 300 square feet of gross floor area
Eating and drinking establishments
1 per 100 square feet of gross floor area
Hotels, motels, and bed-and-breakfast facilities
1.25 per room, 1 per 300 square feet of assembly/conference rooms and banquet facilities, plus such spaces as arc required for eating and drinking establishments
Nursing homes, personal care homes, and other convalescent homes
1 space per 3 beds plus 1 per employee
Industrial Uses
All industrial uses except those specified below
1 per 1,000 square feet of gross floor area and outside operations (excluding storage)
Auto wrecking, junk, and scrap establishments
1 per 5,000 square feet of indoor/outdoor storage area plus 1 space each 300 square feet of office area
Freight and trucking terminals, moving and storage, parcel delivery and express transfer stations, and wholesale distributors and warehouses
1 per 2,000 square feet of gross floor area
Industrial park
1 per 300 square feet of gross floor area
Public and Quasi-Public Uses
Ambulance, taxi, and limousine service
1 per vehicle maintained on the premises plus 1 per 300 square feet of gross floor area
Bus passenger station
1 per 250 square feet of gross floor area
Child day-care center
1 per 350 square feet of gross floor area
Churches and other places of worship
1 per 125 square feet of gross floor area plus any spaces required for office, child care, and other accessory uses
Clubs, lodges, fraternal organizations
1 per 100 square feet of gross floor area
Commercial cemeteries
25 plus 1 per employee
Golf courses and driving ranges
2 per tee
Hospitals
1 per 400 square feet of gross floor area
Public libraries, museums, art galleries, visitor centers
1 per 800 square feet of gross floor area
Schools
Institutions of higher education and postsecondary schools
1 per 500 feet of gross floor area, plus any additional spaces necessary for administrative offices and dormitories
Nursery, kindergarten, elementary
1 per 600 square feet of gross floor area
Secondary schools
1 per 500 square feet of gross floor area
Group home
5 spaces
Community center or halfway house
1 space per 150 square feet of gross floor area
Public and private recreation uses in the rural zones. The requirement for impervious parking areas contained in Subsection A(5)(a) of this section may not be appropriate for certain recreation uses that may occur in the Township's rural zoning districts. The following uses are permitted and encouraged to utilize mud-free, stabilized off-street parking areas within the rural zoning districts. These parking areas can utilize alternate pervious material, in accordance with standards outlined in Subsection A(2)(b).
Handicapped parking spaces within the exempted parking areas are required to utilize impervious materials, in accordance with standards outlined in Subsection A(5)(a).
Animal boarding kennels
1 space per 250 square feet of office space plus 1 space per 1,000 square feet of animal holding areas
Go-cart race track, miniature golf
1 per go-cart, 2 per golf tee, plus 1 space per 250 square feet of office area
Batting cages, skate park, ice rink
1 space per machine, 1 space per 4 seats or 1 space per 4 persons, based on maximum design capacity
Public/private recreation area
25 spaces per established field/activity area
Campground, camp stores
1 space per campsite plus 1 space per 250 square feet of office area; for camp stores: 1 space per 250 square feet of gross floor area; no less than 2 spaces shall be provided for any camp store, regardless of square footage
Archery range (indoor or outdoor)
1 space per target plus 1 space per 250 square feet of office area
Rifle, pistol, skeet or shotgun range
1 space per stand or shooting station plus 1 space per 250 square feet of office area
Horse riding stables and academies
1 space per horse stall plus 1 space per employee; 1 space per 4 persons for indoor arenas based on maximum capacity
Nature education center
1 per 3 persons based on maximum design capacity
Landscape contractor business
1 space per 250 square feet of gross floor area plus 1 space per 3,000 square feet of outside storage and staging areas
Agritainment enterprises
1 off-street parking space per 350 square feet of floor area and 1 space for every 1,000 square feet of outdoor related activities. A minimum of 5 off-street parking spaces must be provided for any agritainment enterprise
C. 
Parking lots. For the purposes of this chapter, parking lots are defined as facilities providing off-street parking space for five or more motor vehicles. All parking lots shall meet the design and maintenance standards specified below. All applications for a zoning permit to use land, in whole or in part, as a parking lot as herein defined shall be accompanied by a site plan as stipulated in Article IX.
(1) 
Dimensions. All parking spaces shall comply with the dimensions specified in Subsection B above. The minimum dimensions of all aisles providing access to parking lot spaces shall be as follows:
Angle of Parking Space to Aisle
Aisle Width
One-Way (feet)
Two-Way (feet)
Parallel
12
20
30° (150°)
12
20
45° (135°)
15
20
60° (120°)
18
20
90°
24
24
(a) 
No portion of any parking space shall intrude into the required aisle width. For aisles providing access to parking spaces set at angles other than those specified above, the required aisle width shall be that of the nearest specified angle of parking. If equidistant from specified angles, the greatest aisle width of the two nearest angles shall apply.
(2) 
Obstructions. Parking lots shall be designed to permit each motor vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle.
(3) 
Ingress and egress. Entrance and exit driveways and aisles linking parking lots to public streets shall comply with the standards for motor vehicle access stipulated in § 12-7.8 of this article. Parking spaces shall be designed to prevent motor vehicles from backing onto a public street to leave a lot.
(4) 
Location and yard; requirements. All parking lots shall meet the location requirements stipulated in Subsection A(2) above. All yards surrounding the parking lot, exclusive of driveways providing ingress and egress to the lot, shall be bordered by a curb six inches high along the sides of the yard area abutting the parking lot, including spaces and aisles. Such curb may consist of bumpers at the end of each parking space. Setback areas shall be planted with grass or similar vegetative material and may include shrubs, fences, or walls, provided they are not placed closer than three feet from any parking space.
(5) 
Structures. Utility poles, light standards, and similar structures shall not be permitted within any aisle or parking space. Any structure located elsewhere within a parking lot shall be surrounded on all sides abutting the spaces or aisles by a curb six inches high, separated from the structure by at least three feet, the distance to be measured from the broadest point on each side exclusive of any portion greater than 10 feet from the ground.
(6) 
Raised islands design and location.
(a) 
Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway, and every 15 parking spaces with a minimum of seven parking spaces between islands.
(b) 
Raised islands shall be bordered by a curb four inches high wherever it abuts a space or aisle and shall be nine feet wide by 18 feet in length.
(c) 
Islands shall contain one small crown tree and two shrubs and may be combined with grass and other similar vegetative material or crushed stone.
[1] 
To retain visibility, trees shall have a clear trunk of at least five feet above the ground. Shrubs and other landscape material shall not exceed three feet in height.
(d) 
Trees which have low-growing branches, gum or moisture which may drop on vehicles, or blossoms, thorns, seeds or pods which may clog drainage facilities shall be prohibited in parking islands.
(e) 
Utility poles and light standards are permitted within the raised islands. The location of any landscaping shall not interfere with the illumination of the parking area.
(7) 
Maintenance. All parking lots shall be kept free of litter and trash. Any vegetative material required herein which dies shall be replaced as soon as recommended seasonal conditions occur for the replacement of the species.
D. 
Loading regulations. Space for the loading and unloading of vehicles shall be provided when required below. Each required space shall be at least 12 feet in width, 45 feet in length, and have a vertical clearance of at least 14 feet. Spaces shall be located no closer than 10 feet from a public right-of-way and five feet from any other lot line, and shall be paved with an all-weather material.
(1) 
One off-street loading space is required for all nonresidential uses with a floor area of at least 5,000 square feet but less than 20,000 square feet. For nonresidential uses which have a floor area of 20,000 square feet or more, one additional space shall be provided for each additional 20,000 square feet or fraction thereof.
(2) 
Required off-street parking spaces shall not be used for loading and unloading purposes, except during hours when business operations are suspended.
(3) 
All required loading and unloading spaces shall be located on the same property as the use they serve.
(4) 
The provisions of Subsections C and D above pertaining to off-street parking space shall also pertain to all required off-street loading and unloading spaces.
E. 
Public transit facilities.
(1) 
Public transit facilities shall be a permitted use in all zoning districts in Harris Township in accordance with the provisions of this section.
(2) 
Public transit facilities may be incorporated into any new or existing development subject to the review and approval of Harris Township and the Centre Area Transportation Authority. The appropriateness, design and location of these facilities shall be based on ADA (Americans with Disabilities Act) standards and the operational requirements of the Centre Area Transportation Authority or its successor.
(3) 
Public transit facilities shall be maintained in good repair, and the provider shall be responsible for the cleaning, repairing or replacement of any part thereof, including walkways, curbs or foundations encompassed by the public transit facility.
(4) 
A transit shelter may be located within the right-of-way of a public street, provided:
(a) 
The transit shelter provider shall be responsible for the construction, maintenance, permits, fees and removal of said shelter.
(b) 
Transit shelters may be equipped with lighting that improves the safety and security of waiting passengers. Transit shelter lighting shall be designed to prevent the direct view of the light source (bulb) from any location outside of the public right-of-way by any means determined to be acceptable by the Township.
F. 
Accessible parking spaces. Accessible parking spaces that comply with the Americans with Disabilities Act (ADA) shall be provided as follows:
(1) 
The number of accessible spaces required shall be calculated as follows:
Total Parking in Lot
Required Minimum Number of Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,001 and over
20, plus 1 for each 100 over 1,000
(2) 
One of every six accessible parking spaces or fraction thereof, but no less than one, must be "van-accessible." Van-accessible spaces and access aisles shall comply with the Americans with Disabilities Act.
(3) 
Each required accessible parking space shall be denoted by a ground pole sign bearing the international ADA symbol, and the pavement of each required space shall also be marked with the international symbol in accordance with state regulations.
(4) 
Parking lots shall be designed so that all buildings served by the parking lot are accessible by persons with disabilities. Curbing shall be depressed at strategic locations for ease of access, spaces shall be located as close as possible to entrance(s) of a proposed use and grades shall be such that they can be traversed by a person confined to a wheelchair.
(5) 
Refer to the Americans with Disabilities Act as amended for additional design criteria. If a conflict exists between these requirements for ADA accessible spaces and the Americans with Disabilities Act regulations, the stricter shall apply.
[Added 11-10-2025 by Ord. No. 379[1]]
A. 
Purpose and intent. The purpose of this section is to provide landscaping and screening requirements which:
(1) 
Enhance the aesthetics and the quality of life in the community through seasonal diversity of plantings.
(2) 
Protect the public, health, safety, and welfare by:
(a) 
Screening incompatible land uses.
(b) 
Minimizing noise, air, water, dust, and visual pollution.
(c) 
Preserving property values and the character of neighborhoods.
(d) 
Reducing the heat and glare absorbed and radiated by development.
(e) 
Helping to control soil erosion.
(f) 
Increasing traffic safety.
(g) 
Mitigating stormwater runoff on site and improving water quality.
(h) 
Providing wildlife habitat and protecting and restoring non-invasive plants in communities.
B. 
Applicability.
(1) 
Screening regulations. Screening regulations, consistent with the provisions of this section shall be required for all subdivision plans, land development plans, and site plans when a Commercial or Industrial District adjoins a Residential District. If no development is occurring within 100 feet of a residential zoning district, a screen isn't required. Agricultural uses and residential uses are exempt.
(2) 
Landscaping regulations. Landscaping regulations, consistent with the provisions of this section, shall be required for all non-residential land development plans and site plans. Agricultural uses and residential uses are exempt.
C. 
General. The following standards shall apply to all plant materials or transplanted trees, as required under this chapter.
(1) 
All selected trees shall be included on the tree list maintained by the Harris Township Shade Tree Commission.
(2) 
Plantings should be selected and located where they will not contribute to conditions hazardous to public safety. Such locations include, and are not limited to, underground and aboveground utilities and clear sight triangle areas required for unobstructed views at street intersections.
(3) 
All landscaping trees and planting materials adjacent to parking areas, loading areas or driveways shall be properly protected by barriers, curbs or other means from damage by vehicles. In addition, the tree or shrub shall be planted a minimum of three feet from any curb.
(4) 
Any required landscape or screening material which does not survive shall be replaced within one year for the life of the project to achieve visual effect of the landscaping and screening.
D. 
Conflicting requirements. In the event that one or more of the provisions of this section are applicable and there is a conflict among them, the more restrictive requirement shall apply.
E. 
Landscaping plan required. When a site plan or land development plan requires the installation of landscaping and/or screening, subject to the requirements of this chapter, a landscaping plan shall be submitted on a separate plan sheet. The landscaping plan shall show the following:
(1) 
The location of all screening yards, planting areas and fencing shall be graphically depicted.
(2) 
The plan must graphically depict the distribution, mature height and spread of all required plant materials. A list maintained by the Shade Tree Commission of Harris Township includes the preferred planting types.
(3) 
The plan shall show a table that identifies the required and proposed number of trees being provided. The table shall also identify the crown size at mature height and the symbol used to identify the tree.
(4) 
The plan must identify the materials for the fencing, and specific size and species of plantings, which will be used for landscaping and screening.
(5) 
Any existing trees located on-site that meet the credit requirements for screening or landscaping plantings may be used, and an inventory of those trees shall be shown on the landscaping plan including the location, size and type of tree.
F. 
Modification of landscape plan after recordation. Any modification to landscape and screening elements as required and approved pursuant to these and any other regulations of the Harris Township Code, shall be permitted as follows:
(1) 
Modifications to the landscape plan, including substituting required trees shall be permitted at a one-for-one ratio for a tree with a similar size crown.
(2) 
Landscape elements which are blighted or die as a result of natural causes shall be replaced within one growing season with a tree of similar size crown.
(3) 
Due to site constraints some substitution of landscape material shall be permitted as follows:
(a) 
Three small crown trees may be substituted for every one large crown tree required.
(b) 
Two medium crown trees may be substituted for every one large crown tree required.
G. 
Screening regulations.
(1) 
When a screen is required, it shall be a continuous pervious planting bed consisting of sight-obscuring evergreen plantings, as well as grass or ground cover, no less than five feet and no greater than 20 feet from the adjacent use requiring said screen.
(2) 
The required plant material shall be distributed over the entire length of the property to ensure a complete visual screen.
(3) 
Required screens shall be reserved for open space and landscaping. No proposed building addition, structure, parking area or any other type of physical land improvement shall be located in a required screen, provided that driveways and roads may cross required screens, if necessary, to provide access to the building site. Sidewalks, bikeways and pedestrian paths may also be located within required screens.
(4) 
The screen shall not encroach upon the clear sight triangle as required for unobstructed views at street intersections and driveways.
(5) 
Plantings shall be at least four feet in height at the time of planting and six feet at the time of maturity.
(6) 
In addition to the planting requirements listed above, sight-proof fencing can be utilized to decrease the planting requirements listed in this section. Sight-proof fencing shall meet the following requirements:
(a) 
Sight-proof fencing must be a minimum of six feet but no more than eight feet in height.
(b) 
Sight-proof fencing must be kept in an attractive state and in good repair at all times.
(c) 
Sight-proof fencing must be made of wood, polywood, masonry, or decorative metal.
(d) 
Sight-proof fencing must be permanently anchored to the ground by a base situated or located entirely upon the property.
(e) 
Sight-proof fencing must be installed, no less than 10 feet and no greater than 20 feet of the property line.
(f) 
One evergreen planting shall be required every 20 feet.
(g) 
Fences do not relieve requirements for landscaped screens. When utilizing a fence, landscaped screens shall be located between the adjacent property the applicant is required to screen from and the proposed fence and meet the Screening regulations as listed in Subsection G, above.
(h) 
The requirements above are minimum standards; additional plant material, berms or architectural elements may be included in the screen area at the applicant's discretion.
(7) 
Plants shall be selected and installed in a manner that prevents the creation of nuisances at maturity.
(8) 
Existing vegetation for screens. The use of existing vegetation is encouraged as a means of preserving the natural environment. This can be done as follows:
(a) 
If an existing hedgerow or forested area is located within a proposed screening yard, the use of existing vegetation is permissible, to the extent that a suitable screen will be provided.
[1] 
Existing evergreen trees of at least six feet in height may be substituted for required screening trees on a one-for-one basis.
H. 
Landscaping regulations.
(1) 
The installation of landscaping is required for all non-residential land development plans and site plans, the plan shall address the following:
(a) 
Minimum landscaping requirements.
[1] 
No less than 75% of open areas, which includes areas not used for buildings, parking, or sidewalks, shall be landscaped with living ground cover. Shredded bark, wood chips, or other organic mulch shall not be considered living ground cover.
[2] 
All landscaping materials provided shall be maintained in good condition and present a healthy, neat and orderly appearance.
(b) 
Front yard landscaping required.
[1] 
A minimum of one small crown tree shall be provided for every 20 linear feet within the required front yard setback, with no less than three trees being provided in any front yard setback. Required tree plantings may be grouped within the front yard setback in order to avoid blocking the visibility of the front facade of structures on the property.
[2] 
A minimum of one shrub must be provided every eight linear feet within the required front yard. Shrubs must be a minimum of two feet in height at the time of planting and must reach a minimum of three feet at maturity.
(c) 
Side and rear yard landscaping required.
[1] 
A minimum of one medium crown tree for every 30 linear feet, one small crown tree per 22 linear feet, or one large shrub/dwarf tree per 15 linear feet shall be provided.
(2) 
Existing vegetation for landscaping. The use of existing vegetation is encouraged as a means of preserving the natural environment. This can be done as follows:
(a) 
If an existing tree is located within a front, side or rear yard, the use of existing vegetation is permissible, to the extent that Subsections H(1)(b) and (c), above, are being met.
[1] 
Existing trees of similar crown size may be substituted for required landscaping trees on a one-for-one basis.
I. 
Installation and maintenance of landscaping and screening materials.
(1) 
All plant materials shall be installed to current industry standards.
(2) 
Maintenance and replacement of plant materials are required and shall be the responsibility of the property owner in perpetuity. Any planting with foliage that is damaged or compromised in the amount of 25% or more shall be considered dead and must be replaced at the next growing season. Preserved plantings are not exempt from this requirement.
(3) 
Landscape maintenance should incorporate environmentally sound management practices, including use of beneficial reuse water available from UAJA for irrigation, drip irrigation or rain barrels and gardens. Pruning should take place regularly for plant health and public safety, replacing dead materials annually.
(4) 
Any plant material that could endanger safety, such as unstable limbs, shall be removed and the plant material replaced if necessary.
(5) 
Required plant material shall be maintained to achieve the intended visual effect of the screening, so long as the identified use requires said screening.
J. 
Guarantee.
(1) 
Prior to surety being released for the proposed vegetation, the applicant shall provide an as-built to the Township.
(2) 
The applicant shall be required to post financial security for the maintenance and/or replacement of the proposed vegetation, including compensatory plantings, during the 18-month guarantee period. The amount of the financial security shall be equal to 110% of the amount of the cost estimate submitted with the approved landscape plan.
(3) 
If existing trees are being preserved and utilizing a credit to meet planting requirements, financial security shall be required when soil disturbance is within the dripline. Financial security is not required for existing preserved trees outside the construction limits or for material not being used to satisfy the minimum requirements of this section.
(4) 
The applicant shall include a plan note that states the following:
"The property owner is responsible for the maintenance of all planting materials required by this ordinance in perpetuity."
[1]
Editor's Note: This ordinance also repealed former § 12-7.10, Corridor Overlay District regulations.
Provided with every zoning permit application, the site plan shall include the following studies and/or plan information if relevant to the site:
A. 
Ambient sound level.
B. 
Vegetative and/or wall screening of the facility from adjacent properties and roads.
C. 
Odors emitted from the facility.
D. 
Emergency vehicle access.
E. 
Vibrations produced by the facility.
F. 
Off-site interference attributed to the facility.
G. 
Traffic generated by the facility and access.
H. 
If fencing and lighting are included with the site plan, they must be shown on the plan.
A. 
The Natural Areas (NA) District development requirements are intended to provide land use and land use development controls along the ridge corridors in the Township. If a conflict exists between the regulations of this section and the underlying Natural Areas (NA) District regulations, the more restrictive requirements shall apply.
B. 
Intent.
(1) 
The majority of properties located within the Natural Areas (NA) District are predominantly comprised of slopes of 15% or greater, potentially unstable soils, and natural and environmental features. It is the intent of the requirements set forth hereinafter to:
(a) 
Provide for the reasonable use of slopes in the Natural Areas (NA) District while ensuring development will not induce soil erosion, require excessive grading, increase slope instability, or create sewage disposal problems;
(b) 
To guard against property damage and personal injury, and to minimize the potential for erosion, slope failure, stream siltation, increased runoff, flooding and contamination of surface waters caused by the adverse effects of site preparation and construction on slopes;
(c) 
To seek to conserve forested areas that are important parts of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats;
(d) 
To maintain the ecological integrity of steeply sloped areas which could be adversely affected by disturbances; and
(e) 
To protect and retain natural springs, wetlands and major drainage channels that are important parts of the hydrological cycle, affecting water quality, water quantity, aquatic habitats and public water supplies.
C. 
Applicability of regulations. This Section shall be applied to all properties located in the Natural Areas (NA) District as depicted on the Official Zoning Map of Harris Township.
D. 
Site plan review. A site plan, as described by Article IX, shall be submitted and approved prior to submission of a zoning permit application for lots, uses, and structures located in whole or in part on land located within the Natural Areas (NA) District. Site plans must include soils mapping information based on the NRCS's Web Soil Survey, noting all soil types that are classified as "very limited." An approved site plan shall be recorded in the office of the Recorder of Deeds of Centre County prior to issuance of a zoning permit.
E. 
Federal and state permits. It is recommended that the need for any federal and state permits be investigated, and that such permits be obtained, prior to moving forward with any development plans within the district.
F. 
Criteria for erection of a habitable structure on an existing lot. For the construction of a habitable structure on a lot existing at the time of adoption of these regulations, and when no subdivision or land development is proposed or required, the following criteria shall apply:
(1) 
The site plan, as per Subsection D, must identify the location of all soil types and classifications and slopes of 15% or greater as well as delineate the portion of the lot which encompasses the buildable area, which shall be considered the same as the area of potential land disturbance that includes the footprint of the structure and any accessory structure or outbuilding, the access, parking, and, if necessary, the on-lot disposal system.
(2) 
In addition, a note must be placed on the plan which will alert future property owners to the potential for sinkholes, flooding and drainage issues, as well as the possibility for development of the lot to require special design or construction considerations to mitigate the limitations imposed by the soils and/or slopes.
(3) 
Perennial and intermittent streams. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway which is used for access to a habitable structure may occur within 50 feet of a perennial or intermittent stream.
(4) 
Floodplain. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway which is used for access to a habitable structure may occur within 50 feet of the edge of a floodplain or the floodplain conservation district as defined by the Flood Hazard Boundary Map for Harris Township prepared by the Federal Insurance Administration, Federal Emergency Management Agency.
(5) 
Sinkholes. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway or construction of a road or roads which are used for access to a habitable structure may occur within 50 feet of the edge of the sinkhole. If there is a drainage channel leading to the sinkhole, a minimum of 50 feet on all sides of the drainage channel shall be protected.
(6) 
Slopes and soils. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway or construction of a road or roads which are used for access to a habitable structure or structures shall occur on or within 50 feet downgrade of any area with a slope of 15% to 24.99% or on soils that are classified as "very limited." The requirements of § 12-7.2B shall not apply to slopes of 15% to 24.99% in the Natural Areas (NA) District. All land defined as having steep slopes of 25% or greater shall be subject to the regulations found in § 12-7.2B.
(7) 
Springs. No land disturbance which involves the construction of a habitable structure or the installation of a driveway which is used for access to a habitable structure may occur within 50 feet of a defined spring.
(8) 
Wetlands. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway which is used for access to a habitable structure may occur within 50 feet of the edge of a defined wetland area as established by this chapter, DEP, and/or the Army Corps of Engineers.
(9) 
Wooded areas. The removal of healthy trees on the site shall be minimized to the greatest extent practicable. Existing wooded areas shall be protected to prevent unnecessary destruction or removal of healthy trees with a minimum trunk caliper of five inches at six inches above ground level.
(10) 
Excavation and fill. No excavation or fill that will cause any slope to become unstable; impose loads that may affect the safety of structures or slopes; interfere with adequate drainage for the site area and the drainage area of land tributary to the site; obstruct, damage, or adversely affect existing sewerage or drainage; cause a stagnant pond of water to form; or cause erosion or sedimentation shall be permitted.
(11) 
The site plan as detailed in Subsection D shall include soils mapping as per NRCS's Web Soil Survey or the Centre County Soil Survey for the entire site. The Township Engineer or his/her designated agent shall review the soils report within the context of the regulations and guidelines for construction specified in this chapter to determine whether the proposed disturbance minimizes impact to the greatest extent practicable to allow for the construction of one habitable structure. The Township Engineer's decision may be appealed by the applicant to the Zoning Hearing Board.
(12) 
Criteria for land accessed across soils classified as "very limited." In some cases, access to a developable area on an existing parcel may not be possible without crossing soils that are classified as "very limited." In such cases, the following requirements shall apply:
(a) 
Low-impact driveway or roadway design, in accordance with the recognized standards acceptable to the Township Engineer, shall be used.
(b) 
The proposed location and design of the access shall provide the least practicable disturbance to the "very limited" soils in the area.
(c) 
The access shall be located in conformance with the setback restrictions associated with wetlands, floodplains, sinkholes, springs, drainageways, and watercourses as referenced above.
G. 
Criteria for subdivision and land development in the Natural Areas (NA) District. The following criteria will determine the ability to, and establish the process for, subdivision and land development in the Natural Areas (NA) District:
(1) 
No new building lots may be created after the date of enactment of this subsection which do not encompass sufficient buildable area to comply with the applicable provisions of Subsection G(3) through (11). The buildable area shall be considered the same as the area of potential land disturbance and includes the footprint of the structure and any accessory structure or outbuilding, the access, parking, and if necessary, the on-lot disposal system as well as suitable land necessary to accommodate the required replacement area for the on-lot disposal system.
(2) 
The subdivision plan for any lots which are proposed must identify the location of all soil types and slopes of 15% or greater within the proposed lots, as well as delineate that portion of the lots which encompasses the buildable area. In addition, a note must be placed on the plan which will alert future property owners to the potential for sinkholes, flooding and drainage issues, as well as the possibility for development of the lot to require special design or construction considerations to mitigate the limitations imposed by the soils and/or slopes. Where sinkholes are included on acreage designated as part of a newly subdivided lot, it is recommended that such areas be fenced for safety.
(3) 
Perennial/intermittent streams. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway or construction of a road or roads which are used for access to a habitable structure or structures, may occur within 50 feet of a defined drainageway.
(4) 
Floodplain. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway or construction of a road or roads which are used for access to a habitable structure or structures may occur within 50 feet of the edge of a floodplain or the floodplain conservation district as defined by the Flood Hazard Boundary Map for Harris Township prepared by the Federal Insurance Administration, Federal Emergency Management Agency.
(5) 
Sinkholes. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway or construction of a road or roads which are used for access to a habitable structure may occur within 50 feet of the edge of the sinkhole. If there is a drainage path leading to the sinkhole, a minimum of 50 feet on all sides of the drainage channel shall be protected.
(6) 
Slopes and soils. No land disturbance which would involve the construction of a habitable structure or the installation of a driveway or construction of a road or roads which are used for access to a habitable structure or structures shall occur on or within 50 feet downgrade of any area with a slope of 15% to 24.99% or on soils that are classified as "very limited." The requirements of § 12-7.2B shall not apply to slopes of 15% to 24.99% in the Natural Areas district. All land defined as having steep slopes of 25% or greater shall be subject to the regulations found in § 12-7.2B.
(7) 
Springs. No land disturbance which involves the construction of a habitable structure, the installation of a driveway or construction of a road or roads which are used for access to a habitable structure or structures may occur within 50 feet of a defined spring.
(8) 
Wetlands. No land disturbance which would involve the construction of a habitable structure, the installation of a driveway, or construction of a road or roads which are used for access to a habitable structure or structures may occur within 50 feet of the edge of a defined wetland area as established by this chapter, DEP, and/or the Army Corps of Engineers.
(9) 
Wooded areas. At least 25% of healthy trees on the site shall be maintained or replaced immediately following construction. Replacement trees shall have a minimum trunk caliper of two inches at a height of six inches above finished grade. Existing wooded areas shall be protected to prevent unnecessary destruction or removal of healthy trees with a minimum trunk caliper of five inches at six inches above ground. Where significant removal of trees within an existing wooded area is anticipated, plans shall be required to be provided.
(10) 
Excavation and fill. No excavation or fill that will cause any slope to become unstable; impose loads that may affect the safety of structures or slopes; interfere with adequate drainage for the site area and the drainage area of land tributary to the site; obstruct, damage, or adversely affect existing sewerage or drainage; cause a stagnant pond of water to form; or cause erosion or sedimentation shall be permitted.
(11) 
Soils report and evaluation. Any property or site within the Natural Areas (NA) District mapped with or potentially containing any soils rated as "very limited" must be evaluated prior to being permitted for the land disturbance activities noted above. While the NRCS web soil survey may be used as a resource, on-site soils evaluation and soil test pits will be required to determine the actual soil distribution on each site.
(a) 
In order to accomplish the soils evaluation, the developer must meet with the Township's Engineer or his/her designated agent to determine, at a minimum, the location, number and type of soil test pits that will provide a representative sample of the soils present within the area intended to be disturbed. Consensus on the number of test pits will be reached based on the landowner's development intentions, soil mapping units delineated in the NRCS's web soil survey, the location of natural features on the site, and any previous soil test results.
(b) 
The on-site soils assessment and report preparation must be completed by a qualified soil scientist or registered professional geologist with the appropriate experience in soil science interpretation, subject to approval by the Township Engineer or his/her designated agent. The results must then be submitted for review and approval by the Township's Engineer or his/her designated agent. This municipal review will determine the adequacy of the soils evaluation to determine the development potential/buildable area of the parcel.
(c) 
The soils assessment report shall provide the data necessary to prepare a detailed soils map of the site that will determine the potential to provide roads, driveways and/or structures in accordance with these regulations. The Township Engineer or his/her designated agent shall review the soils report within the context of the regulations and guidelines for development specified in this subsection to determine whether there is sufficient buildable area to develop and to identify additional conditions of development, if necessary.
H. 
Criteria where little or no buildable area is available on existing lots. Where it can be demonstrated that an existing lot contains little or no buildable area, the design of any proposed structure must be engineered by a licensed, professional engineer or architect to overcome the limiting characteristics of the property. A habitable structure may be permitted on an existing lot where it can be demonstrated that little or no buildable area exists, provided that:
(1) 
There are no habitable structures currently existing on the property;
(2) 
The land disturbance (which shall include the footprint of the structure, the access, the primary and replacement areas for on-lot sewage disposal) and the impervious coverage does not exceed 50,000 square feet;
(3) 
The proposed location and design of the habitable structure and access provide the least practicable disturbance to any soils in the area that are classified as "very limited";
(4) 
The proposal is consistent with the minimum lot size requirement specified for the Natural Areas (NA) District;
(5) 
Any increased maintenance required to ensure the longevity of the structural integrity of the habitable structure and the on-lot septic system is identified and a written maintenance plan is provided;
(6) 
The applicant shall provide a note on the plan indemnifying the Township for any damage that may occur to the structure or any other private property as a result of the presence of "very limited" soils.
A. 
Intent. The Historic Resources (HROD) Overlay District applies to areas of the Township that contain significant historic structures that are listed, either independently or as part of a district, on the National Register of Historic Places. It is the intent of this district to:
(1) 
Promote the preservation of community character through the protection of historic resources.
(2) 
To encourage the continued use of historic resources and facilitate their appropriate reuse and/or adaptive reuse.
(3) 
To discourage the demolition of historic resources.
B. 
Delineation of the historic resources overlay district. The Historic Resources (HROD) Overlay District, as depicted on the Official Zoning Map for Harris Township, shall apply to all properties located in the Boalsburg National Historic District and Linden Hall National Historic District as well as properties that are individually listed on the National Register of Historic Places.
C. 
District regulations. All properties within the Historic Resources (HROD) Overlay District shall comply with the regulations in this section.
D. 
The following provisions shall apply to all properties located within the Historic Resources (HROD) Overlay District.
(1) 
Demolition of historically significant structures. The provisions of this section shall apply to the demolition of any historically significant structure within the Historic Resources (HROD) Overlay District.
(a) 
Prior to demolition of a historically significant structure, the applicant shall meet the following public notification requirements:
[1] 
A "notice of intent to demolish" (hereinafter referred to as "notice") shall be published in a local newspaper of general circulation in the municipality, with proof of publication being provided to the Township. The notice shall include:
[a] 
The address of the structure to be demolished;
[b] 
A brief description of the structure to be demolished;
[c] 
A brief description of the proposed reuse or development of the property; and
[d] 
The anticipated date when demolition will occur.
[2] 
The notice shall be sent via certified mail to the owners of all properties adjoining the property on which the structure to be demolished is located. Copies of the certified mail receipts shall be provided the Township.
[3] 
A sign that is at least 24 inches by 36 inches in size shall be posted in a conspicuous location on the property where the structure is located. The sign shall be visible from the nearest street or other access way adjoining the property and shall include a copy of the notice and shall contain the word "demolition" in capital letters no less than two inches in height. The sign shall remain posted on the property until a demolition permit is issued.
(b) 
A 30-day demolition delay period shall begin from the date the notice was first published in the newspaper or the date when the sign was posted on the property, whichever is most recent. No demolition shall occur prior to the completion of the 30-day demolition delay period and Township verification that the public notification requirements of § 12-7.14D(1)(a) have been met.
(c) 
Following the required demolition delay period, the Township shall provide a letter to the applicant stating that the requirements of this chapter have been met. This letter shall be valid for five years from the date of issuance.
(d) 
Emergency demolition. Notwithstanding the above provisions, the Centre Region Code Administration (CRCA) may issue a demolition permit at any time in the event of imminent and substantial danger to the health or safety of the public due to deteriorating conditions. The CRCA shall document in writing the findings and reasons requiring an emergency demolition and shall provide a copy to the Township within seven calendar days of issuing the demolition permit.