Harris Township, PA Zoning Ordinance

§ 12-15.1 Intent.

It is the intent of the Planned Residential Development District to promote the following:

To increase the availability of a variety and mixture of housing types, services, and locations for employment.

To encourage innovative design in residential and corresponding nonresidential land development.

To encourage a more efficient use of land and public services.

To preserve existing topography, trees, and sensitive natural features.

To preserve and protect landmarks, amenities, cultural, and historic lands and buildings.

To relate the type, design, and layout of development to the particular site.

To provide sufficient, usable, and convenient common open space and recreation facilities.

To combine and coordinate site landscaping and building styles within the development using a coordinated theme.

To provide an environment of stable character in harmony with surrounding development and in accordance with the Comprehensive Plan.

§ 12-15.2 General requirements.

Design and improvements. The design and physical improvements to the property being developed shall be provided by the developer as shown on an approved plan in accordance with all applicable Township regulations, state and federal law, unless specifically waived.

Location. A planned residential development may be established in the following districts as designated by this chapter, on the Official Zoning Map:

(1)

Single-Family Residential (R-1).

(2)

Two-Family Residential (R-2).

(3)

Multifamily Residential (R-3).

(4)

Residential-Office (RO).

Size. A proposed planned residential development must be more than 10 acres of total contiguous land area. Contiguous land is area that is within a coterminous boundary.

Ownership. All land contained in a proposed planned residential development must be land under single ownership and be developed as a single entity as provided with the master plan.

§ 12-15.3 Permitted uses.

All residential uses identified as follows:

(1)

Single-family detached dwellings.

(2)

Single-family semidetached dwellings.

(3)

Single-family attached dwellings.

(4)

Two-family detached dwellings.

(5)

Two-family attached dwellings.

(6)

Multifamily detached dwellings.

(7)

Multifamily semidetached dwellings.

(8)

Multifamily attached dwellings.

(9)

Group homes.

Nonresidential uses as follows are permitted within the PRD and are not to exceed 10% of the total gross tract area. Motor vehicle access to nonresidential uses shall not cause through traffic from outside of the development on local residential streets of the PRD. Arterial and/or collector-type streets are acceptable forms of access to nonresidential uses. The following are permitted to be integrated within the PRD:

(1)

Business, professional, and financial offices, banks, and automatic teller machines.

(2)

Medical and dental offices and clinics.

(3)

All retail establishments for the sale, service, and rental of goods, convenience stores. Prohibited uses include sales of aircraft and accessories, beer distributors, boat and marine supplies, sales of contractors and farm equipment, lumber yards, sales of mobile homes and accessories (including automobile service stations and garages), pawnshops, swimming pools, express and package delivery, structural glass, and used clothing.

(4)

Restaurants, bars, and lounges, excluding motor vehicle drive-up window establishments and food delivery operations.

(5)

Research, engineering, or testing offices and laboratories.

(6)

Health clubs and private athletic and recreational facilities.

(7)

Libraries, museums, art galleries, reading rooms.

(8)

Community centers, day-care centers for any age group, churches and other places of worship.

§ 12-15.4 Density and intensity.

In a planned residential development, there shall be no minimum area requirements for individual lots or building sites, except as provided herein.

The maximum number of dwelling units is as follows:

Underlying Zoning District	Number of Dwelling Units Per Gross Acre of Tract
R-1	3.5 per acre
R-2	6 per acre
R-3	10 per acre
RO	10 per acre

The Township may refuse to allow the maximum density permitted within each zoning district or may refuse to allow certain permitted nonresidential uses if the development would:

(1)

Create inconvenient or unsafe vehicle access to the planned residential development.

(2)

Create traffic which exceeds the acceptable level of service of public streets which adjoin the planned residential development.

(3)

Place an excessive burden on utilities, parks, schools, or other public facilities which serve or are proposed to serve the planned residential development.

(4)

Adversely affect existing uses on adjacent lands which are different from the nearby uses in the planned residential development.

(5)

Permit commercial uses to spread along arterial streets in strip commercial configuration which is not in accordance with the Comprehensive Plan.

Spacing. The Township may allow a reduction in lot size, lot width, spacing and rear setback requirements previously required in the zoning district to promote innovative design, provided that:

(1)

Building areas shall be designed so as to require a certain minimum separation, as defined more specifically below, between building lots or areas. Such separation may be accomplished by creating setbacks in individual lots, sufficiently separating building lot or unit boundaries from one another, or any other acceptable method that guarantees these minimum separation distances between building lots or areas.

(a)

Road and street separation. The development shall be laid out so that no building lots or areas could be constructed within the following distances from the following types of streets and rights-of-way:

Type of Building	Local and Collector (feet)	Arterial (feet)
Single-family dwellings	20	100
Two-multi-dwellings	30	100
Nonresidential	50	100

(b)

Side separation. The development shall be laid out so that, where the side of a structure faces other structures, no portion of such side building lot or area could be constructed within the following distances from the following types of building lots or areas on other structures:

Front (feet)	Side (feet)
30	15

(2)

Minimum building lot or area size. Building lots or areas shall conform to the following minimum sizes:

(a)

Single-family detached dwelling units shall have an average minimum building lot or area size of 4,500 square feet.

(b)

All other housing types shall have an average minimum building lot or area size of 3,000 square feet per unit.

If a planned residential development is to be developed in accordance with the Pennsylvania Uniform Planned Community Act[1] as a planned community, then individual fee simple lots do not have to meet the requirement of 30% building coverage and 50% impervious coverage for individual lots. Within the perimeter boundary of the entire tract, the total building coverage cannot exceed 30% of the total interior tract area of the development, and the total impervious coverage cannot exceed 50% of the total interior tract area of the development.

[1]

Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.

Height. The height of all buildings within 200 feet of the boundary of the planned residential development shall not exceed the maximum height permitted in the adjoining residential district. When the building is located within 200 feet of more than one adjoining zoning district, the height shall not exceed the lowest maximum height allowed in either district. The Township may allow higher buildings beyond 200 feet from the perimeter if the property owner/developer can demonstrate that such will not create any adverse impact on adjoining lands. The lowest maximum height of the Village (V) District shall be followed when any PRD is located adjacent to the Village (V) District either along the zone boundary and/or a street.

Perimeter requirements. The planned residential development shall be designed to avoid adverse influences and impacts on surrounding properties.

(1)

Residential structures located adjacent to the perimeter boundary within the planned residential development may be required to conform to the setback and yard regulations of the adjoining district when necessary to ensure compatibility of land uses.

(2)

Nonresidential structures adjacent to the perimeter boundary within planned residential developments shall conform to the buffer setback and buffer yard requirements of § 12-2.6J, Buffer yards.

(3)

Additional buffer yards may be required where the planned residential development is adjacent to existing dwellings or neighborhoods. If the buffer yard ordinances governing the adjacent uses and area are more stringent, those are to be applied to the PRD perimeter.

§ 12-15.5 Parkland, recreation and common open space requirements.

30% of the total tract size is to serve as common open space. 50% of the common open space is to consist of parkland.

(1)

Acceptable parkland is to consist of active and passive sites that meet the general design characteristics described in § 11-4.12, Parkland dedication requirements; fee-in-lieu option.

(2)

Parkland may be limited to use by the residents of the PRD or may serve residents from outside the PRD.

(3)

A fee in lieu of parkland may be offered by the developer if the conditions outlined in § 11-4.12, Parkland dedication requirements; fee-in-lieu option.

(4)

The buildings, structures, and improvements which are permitted in the common open space shall conserve and enhance the amenities of the common open space having regard to its topography and natural unimproved condition.

(5)

The use and improvement of the common open space shall be planned in relation to any existing or proposed public or semipublic open space which adjoins or which is within 1,500 feet of the perimeter of the PRD.

(6)

Common open space may include stormwater management areas, wetlands, steep slopes, water well protection sites, areas of sinkholes, rock outcroppings, streams, and other sensitive natural features. As a component of the PRD for the duration of the PRD, access easements, scenic easements, and other easements over private property of the PRD may serve as common open space. The buildable areas of lots, public rights-of-way, and normal setback areas are not included as common open space. Private golf courses are a separate use under § 12-15.3B(6), and are not counted toward parkland, or common open space, unless such is accessible to PRD residents and is open to the public.

All land shown on the final development plan as parkland or open space shall be conveyed in any of the following ways, at the discretion of the Board of Supervisors:

(1)

To the Township of Harris; or

(2)

To an organization or organizations for the ownership and maintenance of the parkland or common open space, which organization shall not be dissolved, that will:

(a)

Include a statement of the present ownership of all of the land within the PRD and the applicant's interest in the land proposed for development; and

(b)

Describe the form of organization proposed to own and maintain the parkland or common open space, and whether public or private ownership is proposed. The common open space, as noted in Subsection A(4) above, shall be on land owned by a property owners association or on privately owned land when an open space easement and/or acceptable access easement to common open space has been granted to the property owner's association.

A development schedule is to be submitted with the PRD and the preliminary plan indicating:

(1)

The approximate date when construction of the project can be expected to begin, with the area and location of parkland and common open space components that will be provided at each stage.

(2)

The stages in which the parkland and common open space components will be built and the approximate date when construction of each stage is expected to begin. This schedule will be updated annually on the anniversary of its approval.

(3)

The approximate dates when the total of development stages will be completed.

§ 12-15.6 Environmental design.

The environmental design scheme of the planned residential development shall be laid out in such a fashion so that all of the elements listed below are incorporated into a harmonious and aesthetically pleasing design. Consideration shall be given to the overall character of the community and its visual effect on the residents of the planned development; as well as the residents of the Township and Centre Region at large.

Existing trees shall be preserved. Existing stands of mature, healthy trees, waterways, historic sites, scenic points, views and vistas, and other community assets and landmarks are to be preserved.

The planned residential development shall be designed to minimize grading, cut and fill, and other changes to the natural terrain. All graded slopes shall blend with the surrounding terrain and development.

All landscaping shall be in conformance with an overall landscaping plan and unifying concept for the development.

All planned residential developments shall conform to all applicable regulations contained in this chapter, as amended.

All planned residential developments shall conform to all applicable regulations contained in Chapter 11, Subdivision and Land Development, as amended.

All planned residential developments shall conform to all applicable requirements of Chapter 13, Stormwater Management, as amended.

Development within the PRD shall be "clustered" to preserve and minimize disturbance to woodlands, steep slopes, streams, wetlands, floodplains, sinkholes, water well sites, water recharge areas, and sensitive natural features.

§ 12-15.7 Traffic and pedestrian access.

A proposed planned residential development shall have an internal system of public streets with direct access to a public collector or arterial street; the Board of Supervisors may approve direct access to a public local street when a planned residential development proposes no nonresidential buildings or uses, provided the Township Engineer reviews and verifies the conclusions of a traffic study that indicates the existing local street system is designed to accommodate the increased traffic to be generated by the proposed PRD.

A traffic impact study shall be required.

All streets in the development shall be dedicated to the Township and shall conform to all related standards contained in Chapter 11, Subdivision and Land Development, as amended, and shall comply with state and federal laws applicable to streets of this type. Within a planned residential development, the Board of Supervisors may approve public streets with a 40-foot right-of-way bordered on both sides by a 10-foot private utility easement when the developer provides proper justification. In such instances, the requirements of § 12-2.6E of this chapter shall not apply.

A system of pedestrian access, in the form of paved sidewalks or interior walkways, shall be provided to allow walking between every use, structure, or recreational facility and shall be connected with existing sidewalks and walkways adjacent to the planned residential development. Sidewalks shall be designed in conformance with the construction standards of Chapter 11, Subdivision and Land Development.

Motor vehicles access and parking shall be provided as required in this chapter. Within a planned residential development, the Board of Supervisors may allow driveway entrances serving attached and detached homes to be located not less than 30 feet from the intersection of local streets within the development, superseding the requirements of § 12-7.8D. Further, within a planned residential development, the Board of Supervisors may approve driveway entrances serving attached and detached dwellings to be located not less than 10 feet from the tangents of other driveways, superseding the requirements of § 12-7.8E, or the Board of Supervisors may require the use of common driveways.

§ 12-15.8 Utilities, easements and markers.

Sanitary sewage disposal. Sewage disposal for all buildings in the planned residential development shall comply with the provisions of the Centre Region Act 537 Sewage Facilities Plan, as adopted by the Harris Township Board of Supervisors, with subsequent amendments thereto and applicable regulations of the servicing sewer authority.

Water supply.

(1)

All planned residential developments shall connect to public water authority or company mains. All water mains and laterals shall meet the design and installation specifications of said water authority or company.

(2)

When public water service is provided, fire hydrants shall be installed in locations approved by the Board of Supervisors and the servicing water authority. Fire hydrants shall be placed in accordance with Chapter 11, Subdivision and Land Development, as amended, and in compliance with the regulations of the servicing water provider.

Easements. Utility and drainage easements shall be provided in conformance with the requirements of Chapter 11, Subdivision and Land Development.

Monuments and markers. Monuments and markers shall be installed for all land subdivisions in the planned residential development and for the perimeter boundary in conformance with Chapter 11, Subdivision and Land Development.

§ 12-15.9 Procedure for establishing planned residential development.

An applicant wishing to receive approval of a planned residential development with the Township of Harris shall submit plans in accordance with procedures provided for under this section.

Preapplication conference. Before submitting an application for a planned residential development, an applicant, as an option, may confer with the Planning Commission.

Application for preliminary approval of a planned residential development.

(1)

An applicant desiring to establish a planned residential development shall provide the Planning Commission with 10 copies of a "master plan" indicating the following:

(a)

A key map showing the location of the site.

(b)

The size of the site.

(c)

A plan showing the proposed general layout; the location of the various types of land uses; dimensions of lots; the approximate location, use, height, and bulk of buildings; the proposed density of population in each distinct residential area; the location and size of recreational spaces, parks, schools, and other facilities which are intended for public use; the provisions for automobile parking and the size and floor space of commercial or industrial uses.

(d)

A public utility plan for sanitary sewer, water, and stormwater management controls.

(e)

A plan showing the width and location of proposed streets and public ways.

(f)

Topography of the site.

(2)

The applicant shall also submit 10 copies of a written statement containing the following information:

(a)

A statement of the ownership of all land included within the planned residential development.

(b)

An explanation of the character and intent of the planned residential development and the reasons why the development would be in the public interest and consistent with the objectives in the Township Comprehensive Plan.

(c)

A statement describing any proposed innovative design concepts included in the plan.

(d)

The substance of covenants, grants of easements, or other restrictions proposed to be imposed on the use of land, buildings, and structures, including proposed easements or grants for public use or utilities.

(e)

A description of the form of organization proposed to own and maintain the common open space, recreational facilities, or other common facilities.

(f)

A statement of the proposed use and improvement of common open space and recreational facilities.

(g)

A description of proposals to preserve natural features and existing amenities and a statement of conceptual landscaping designs.

(h)

A statement describing the stormwater management methods to be employed.

(3)

A development schedule indicating:

(a)

The approximate date when construction of the project will begin.

(b)

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin. This schedule will be updated annually on the anniversary of its approval.

(c)

The approximate dates when the development will be completed.

(d)

The area and location of common open space that will be provided at each stage.

(4)

Public hearings.

(a)

Public hearings shall be conducted in accordance with the regulations set forth in the Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as reenacted and amended.

(b)

Prior to the public hearing by the Board of Supervisors, the Planning Commission shall consider the application at either a private or a public meeting, without the requirement of public notice, and shall make its recommendation to the Board of Supervisors. Refer to MPC Section 708, 53 P.S. § 10708.

(5)

The findings. The Board of Supervisors shall make findings in accordance with Section 709 of the MPC, 53 P.S. § 10709.

(6)

Status of plan after tentative approval shall be in accordance with MPC Section 710, 53 P.S. § 10710.

(7)

Application for final approval shall be in accordance with MPC Section 711, 53 P.S. § 10711.

(8)

Post final plan conditions shall be in accordance with MPC Section 711(e), 53 P.S. § 10711(e).

§ 12-15.10 Plan requirements.

Contents of plans submitted for preliminary review. All plans submitted for preliminary review shall be drawn to a scale of one inch equals 50 feet or larger (e.g., one inch equals 30 feet) and shall contain the following information:

General data.

(1)

Name of proposed planned residential development.

(2)

North point.

(3)

Graphic scale and legend describing all symbols shown on the plan.

(4)

Day, month, and year the plan was prepared and/or revised.

(5)

Name and address of the owner and deed book and page numbers of the deeds conveying the property to the owner.

(6)

Name and address of the individual or firm preparing the plan.

(7)

Names of abutting property owners, including their deed book and page numbers, tax parcel numbers, and abutting zoning districts.

(8)

Key map at a readable scale showing the location of proposed planned residential development and all roads within 1,000 feet therefrom.

(9)

Centre County tax parcel numbers of all parcels included in the planned residential development.

Existing features.

(1)

Perimeter boundaries of the total property showings bearings to the nearest minute and distances to the nearest hundredth of a foot.

(2)

Total acreage of the property and total square feet within each lot of the development.

(3)

Current zoning district, as stipulated in this chapter.

(4)

Natural features.

(a)

Sinkholes, watercourses, wetlands, tree masses, wildlife habitat, unique vegetation, soils, and/or natural features.

(b)

Floodplain and steep slopes, as defined by this chapter.

(c)

Topographic contour lines at vertical intervals of two feet for land with average undisturbed slope of 4% or less and at intervals of five feet for land with average natural slopes exceeding 4%, including source of topographic data.

(5)

Approximate location of man-made features in or within 50 feet of the property, including:

(a)

Sewer lines.

(b)

Water mains and fire hydrants.

(c)

Electrical lines and poles.

(d)

Culverts and bridges.

(e)

Railroads.

(f)

Buildings.

(g)

Streets, including right-of-way and cartway widths and approximate grades.

Proposed development.

(1)

The approximate location, total ground floor area, total floor area, height, and use of buildings and other structures (all area dimensions shall be indicated in square feet).

(2)

The approximate location and area of driveways and parking and loading areas.

(3)

The property lines of lots to be subdivided, measured to the nearest foot. Setbacks and lot dimensions shall be shown.

(4)

The approximate locations of sidewalks and walkways, including widths, surfacing materials, and ramps for the handicapped.

(5)

The approximate location of utility and drainage easements.

(6)

The approximate location and pipe diameter of sewer and water mains and laterals.

(7)

The approximate location of fire hydrants.

(8)

Perimeter setbacks and required buffer yards.

(9)

Street information, including:

(a)

Location and width of rights-of-way and cartways.

(b)

Proposed street names.

(c)

Approximate road profiles along the center line of each proposed street, showing finished grade at a scale of one inch equals 50 feet horizontal and one inch equals five feet vertical. Include typical cross-section to be utilized.

(d)

Vegetation to be planted between the curb or shoulder and the right-of-way line.

(10)

A conceptual landscaping plan indicating the treatment of materials and landscaping concepts used for private and common open space.

(11)

A general grading plan showing alterations to the topography of the site.

(12)

A plan showing the general location and type of all stormwater conveyance and detention and/or retention facilities designed to serve more than one lot or to collect stormwater from streets and common areas.

Common open space.

(1)

The location and area of the proposed common open space.

(2)

The proposed use and improvements of common open space.

(3)

The location and use of common recreational facilities.

(4)

The location and area of land to be dedicated for public purposes, where easements are located, and lands of the property owner association(s).

Density calculation. A table shall be included on the plan describing each phase or section with quantitative data, including the following:

(1)

The total area of the development and of each phase, section, or stage.

(2)

The total area devoted to residential uses, the total number of dwelling units, the number of each type of unit, and the total residential floor area in the development and in each phase or section. Residential uses include all dwelling units and types, parking areas for said units and those lands surrounding the dwelling units not designated as common open space.

(3)

The number of dwelling units per acre in the development and each phase, section, or stage.

(4)

The area of streets, parking, sidewalks, and walkways and total area paved and percentage of area paved or covered by structures in the development and each phase or section, and nonresidential lot.

(5)

The total acreage and percentage of acreage in common open space in the development and each phase.

(6)

The total area devoted to planned recreational use throughout the entire development and in each phase.

(7)

The total area devoted to nonresidential uses and total floor area of nonresidential buildings in the development and in each phase.

Narrative statement. A written statement including the following:

(1)

A statement of the ownership of all of the land included within the planned residential development.

(2)

(3)

A statement describing any proposed innovative design concepts included in the plan.

(4)

The substance of covenants, grants of easement, or other restrictions proposed to be imposed on the use of land, buildings, and structures, including proposed easements or grants for public use or utilities.

(5)

A description of the form of organization proposed to own and maintain the common open space, recreational facilities, or other common facilities.

(6)

A statement of the proposed use and improvement of common open space and recreational facilities.

(7)

A description of proposals to preserve natural features and existing amenities and a statement of conceptual landscaping designs.

(8)

A statement describing the stormwater management methods to be employed.

Signatures.

(1)

Signature(s) and seal(s) of a licensed engineer and/or architect or landscape architect who prepared or supervised the preparation of the plan.

(2)

Signed, notarized statement by the owner certifying ownership of the property.

(3)

Stormwater management block with space for the signature by the Township Engineer and certification by applicant's engineer.

(4)

Space for approval signatures by the Chairman and Secretary of the Board of Supervisors, including date of such approval.

§ 12-15.11 Contents of plans submitted for final review.

Plans submitted for final review shall include all information required above. Where applicable, the final plan for the development shall meet the plan requirements contained in the following Township regulations, as amended:

Chapter 11, Subdivision and Land Development.

Chapter 12, Zoning.

Chapter 13, Stormwater Management.

Chapter 12, Zoning, Article XIV, Signs.

§ 12-15.12 Property owners' association.

The form of the property owners' association shall be as follows:

A property owners association shall be established for the ownership and maintenance of common open space, recreation facilities, and other common facilities not dedicated to the Township.

The requirements and functions of the property owners' association shall be set forth in covenants, restriction, and grants of easements, recorded where applicable, and shall comply with the following:

(1)

The property owners' association shall be legally established before any properties are sold.

(2)

Membership shall be mandatory for each property owner and any successive buyer.

(3)

The common open space shall be guaranteed by restrictive covenants or easements describing the open space and its maintenance by the residents of the development.

(4)

The association shall be responsible for all costs of the common elements, including liability insurance, local taxes, and the maintenance of facilities.

(5)

Property owners shall pay their pro rata share of the costs in the form levied by the association, which can become liens on properties.

(6)

The association shall have authority to adjust the financial responsibility of its membership to meet changing needs.

In the event that the organization established to own and maintain common open space, or any successor organization, shall, at any time after establishment of the PRD, fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township shall commence enforcement action in accordance with the powers granted by the Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as reenacted and amended. The cost of such maintenance by the Township shall be assessed equitably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of Centre County upon the properties affected by the lien within the planned residential development.

§ 12-15.13 Violations and penalties.

Failure to comply with any provisions of this article shall be a violation of this article:

Complaints regarding violations. Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a complaint to the Zoning Officer stating fully the causes and bases thereof. The Zoning Officer shall record such complaint, investigate, and take action thereon as appropriate.

Notice of violation. If the Zoning Officer shall find that any provision of this article has been violated, he shall notify the person responsible for such violation or the owner or developer, in writing, indicating the nature of the violation and ordering the action necessary to correct it, whereupon such violation shall be corrected within the time specified.

Penalties. Penalties for violation of this article are set forth in Sections 712.1 and 712.2 of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, 53 P.S. §§ 10712.1 and 10712.2, respectively, as reenacted and amended.

Enforcement. The municipality may enforce the provisions of the article as set forth in Section 706 of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, 53 P.S. § 10706, as reenacted and amended.

Harris Township City Zoning Code

ARTICLE XV