[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 23-1990. Amendments noted where applicable.]
CROSS-REFERENCES
Pennsylvania Municipalities Planning Code: see Act of Dec. 21,
1988, P.L. 1329, as amended (53 P.S. § 10101 et seq.).
Condominium creation: see Act of July 2, 1980, P.L. 286, as
amended (68 P.S. §§ 3201 et seq.).
This Part 5 shall be known and may be cited as the "Harrisburg
Subdivision and Land Development Code."
The purpose of this code is to provide for the harmonious development
of the City by:
A.
Guiding the future growth and development of the City in accordance
with the Comprehensive Plan.
B.
Ensuring conformance of subdivision plans with public improvement
plans.
C.
Securing the protection of water resources and drainageways.
D.
Establishing reasonable standards of design and procedures for subdivision
and land development in order to further the orderly layout and use
of land and to ensure proper legal descriptions and monumenting of
subdivided land.
E.
Ensuring that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
F.
Preserving the natural and man-made beauty and topography of the
City and ensuring appropriate development with regard to these features.
G.
Facilitating the efficient and safe movement of traffic.
H.
Securing the equitable handling of all subdivision and land development
plans by providing uniform standards and procedures.
I.
Promoting the greater health, safety and welfare of the citizens
of the City of Harrisburg.
B.
The Harrisburg City Planning Commission is hereby designated as the
agency which shall review and make recommendations on all subdivision
and land development plan applications as required herein.
C.
City Council shall have the authority to approve or disapprove all
preliminary and preliminary/final subdivision or land development
plan applications as required herein.
D.
City Council hereby designates the Planning Commission as the agency
with authority to approve or disapprove final subdivision or land
development plan applications, provided that the final plan is in
conformity with the preliminary plan approved by City Council or as
provided herein.
E.
The Department of Building and Housing Development, Bureau of Planning,
or a bureau designated by the Mayor, is hereby authorized and directed
to administer the provisions of this Subdivision and Land Development
Code. In so doing, the Bureau is authorized to promulgate such rules
and regulations and utilize such forms as it may deem necessary to
effectuate the provisions of this code. Such rules and regulations
shall have the force and effect of law.
F.
Preliminary and final subdivision and land development plan applications
shall be accepted by the staff of the Commission, provided that the
application is complete and submitted with the appropriate review
fee.
G.
City Council or the Commission shall not approve plan applications
until the Dauphin County Planning Commission has had a chance to review
and report or until the expiration of 30 days from the date the application
was forwarded to the Dauphin County Planning Commission.
A.
The regulations contained herein pertaining to land development shall
be applicable to any of the following:
(1)
The development of any parcel of vacant land of one acre or
more which is to be improved in the City and involves the construction
of a group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or the construction of
a single nonresidential building on a lot, regardless of the number
of occupants or tenure.
(2)
The construction or substantial rehabilitation of any building
or buildings in a single development involving five units or greater,
whether proposed initially or cumulatively.
(3)
The construction or substantial rehabilitation of any residential
or nonresidential building or buildings equal to or greater than 10,000
gross square feet, whether proposed initially or cumulatively.
B.
The regulations contained herein pertaining to all subdivisions of land and to land development as described in Subsection A above shall apply as follows:
(1)
No subdivision or land development of any lot, tract or parcel
of land located in the City shall be effected and no street, sanitary
sewer, water main, or other facilities in connection therewith shall
be laid out, constructed, opened or dedicated for public use or travel,
or for the common use of occupants of buildings thereon, unless and
until a final subdivision or land development plan has been approved
by the City Council and/or the Harrisburg Planning Commission and
publicly recorded in the manner prescribed herein, nor otherwise except
in strict accordance with the provisions of this code.
(2)
No lot in a subdivision may be sold or leased, no permit to
erect or alter any building upon land in a subdivision or land development
may be issued, and no building may be erected or altered in a subdivision
or land development unless and until a final subdivision or land development
plan has been approved by City Council or the Planning Commission
and recorded and until construction of the improvements required in
connection therewith has been guaranteed in the manner prescribed
herein.
(3)
Preliminary and final plans shall indicate the location of each
structure and clearly define each unit and shall indicate public easements,
common areas, and improvements, all easements appurtenant to each
unit and improvements to the public right-of-way.
(4)
Unit or condominium subdivision of real property is included
within the meaning of subdivision and land development as defined
herein and must comply with these regulations. Such compliance shall
include, but not be limited to, the filing of preliminary and final
plans, payment of established fees and charges, location of each structure,
and clear definition of each unit, public easements, common areas,
improvements and all easements appurtenant to each unit.
(5)
All subdivision and land development plans are subject to the
zoning regulations as they apply to use and density requirements,
setbacks, height, parking, and other such features.
C.
Notwithstanding the above, development by the City on City-owned
property is not subject to the land development regulations contained
herein.
The provisions of this code shall be held to be minimum requirements
for the promotion of public health, safety, comfort, convenience,
and greater welfare. Where provisions of this code impose greater
restrictions than those of any statute, other code provision, restriction,
or regulation, the provisions of this code shall be controlling. Where
the provisions of a statute, other chapter, resolution, or regulation
impose greater restrictions than this code, the provisions of each
such statute, resolution, chapter, or regulation shall be controlling.
