[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 23-1990. Amendments noted where applicable.]
Whenever a subdivision of land or land development is desired
to be effected in the City, a plan of the layout of such proposal
shall be prepared, filed, and processed with the Planning Commission
and City Council in accordance with the requirements of this chapter.
A.
Applicants are urged, but not required, to discuss possible development
sites and plans with the staff of the Commission prior to submission
of a preliminary plan. The purpose of the pre-application meeting
or sketch plan review is to afford the applicant an opportunity to
receive the advice and assistance of the Commission's staff.
Such meeting and/or sketch plan review will be considered confidential
between the applicant and staff. Submission of a sketch plan shall
not constitute formal filing of a plan with the Commission. However,
the applicant may request, by letter, a formal review of a sketch
plan by the Commission, in which case the Commission will take action
at a public meeting and comment by letter.
B.
A sketch plan prepared for review and discussion should include those items listed in § 7-505.1 of this code. Although it is not required, the Commission recommends that the sketch plan be prepared by an engineer or surveyor (landscape architects may be employed in the preparation of a land development plan).
B.
Preliminary plans may be filed with the Commission staff by appointment
on any business day; however, the Commission will officially review
a plan at a particular meeting only if the plan was filed at least
15 business days prior to that meeting.
C.
Approval of a preliminary plan application shall constitute approval
of the proposed subdivision and/or land development as to the general
design and intensity of development and the general arrangement of
streets, lots, structures, and other planned facilities but shall
not constitute final plan approval. The preliminary plan may not be
recorded in the office of the Dauphin County Recorder of Deeds.
D.
Preliminary plan approval will be effective for a one-year period
from the date of City Council's approval of the preliminary plan
application; therefore, final plan application for the entire project
must be made within one year of preliminary plan approval, unless
City Council grants a waiver by extending the effective time period
of the approval.
E.
All preliminary plan applications shall include the following:
(1)
Seven copies of the preliminary plan. All plans shall be either
black on white or blue on white paper prints;
(2)
Three copies of all reports, notifications and certifications
which are not provided on the preliminary plan;
(3)
One application form, available from the Bureau of Planning;
(4)
Filing fees, schedule available at the Bureau of Planning;
(6)
Any additional copies of the plan deemed necessary by the Planning
Commission.
F.
All preliminary plans shall be prepared in conformance with the provisions of § 7-505.2 and any other requirements of law.
H.
Based on comments received, the Commission staff shall prepare a
report to the Commission on the completeness, impact and design suitability
of the proposed subdivision or land development plan. The report shall
include any recommended amendments and conditions.
I.
The Commission will review the subdivision or land development plan
and send its recommendations to City Council. The Commission will
notify the applicant of its recommendation to Council within 10 business
days after the meeting. Commission staff will report the Commission's
finding to the Building and Housing Committee of City Council.[1]
J.
City Council may choose to schedule a public hearing, pursuant to
public notice, where the public may state concerns and ask questions.
K.
City Council at a regular or special legislative session shall approve,
conditionally approve, or disapprove the plan. A final decision must
be rendered and communicated to the applicant not later than 90 days
after the date the application was first heard by the Planning Commission,
provided that the Commission has met within 30 days of the date the
plan was filed with the Commission.
(1)
If the Commission did not meet within 30 days of the date the
plans were filed, a final decision must be rendered and communicated
to the applicant within 120 days.
(2)
Failure of City Council to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the application as presented, unless
the applicant has agreed in writing to an extension of time.
L.
Within 15 business days after the meeting at which the preliminary
or preliminary/final plan is reviewed, the City Clerk shall send written
notice of Council's action to the following individuals:[2]
M.
If the application has been approved with conditions or disapproved,
the City Clerk shall notify the applicant, in writing, specifying
the defects found in the application or plans and describing the requirements
which have not been met and shall in each case cite the provisions
of this code.
N.
City Council may grant approval of the preliminary or preliminary/final
plan subject to conditions acceptable to the applicant. If the conditions
are not accepted within 45 days, the approval will be rescinded. The
conditions must be in writing, and the acceptance of the conditions
by the applicant must also be in writing. If such conditions are accepted,
the additional information, changes or modifications shall be submitted
and/or alterations noted on one copy of the plan provided to the Commission
for review and approval by the staff.
A.
The applicant shall file with the Commission a final plan not later than one year after the date of approval of the preliminary plan. Such filing shall include as part of the formal submission all the materials and other data required under the final plan requirements and specifications noted in Chapters 7-503 and 7-505 of this code. Failure to comply with the time limitations herein provided shall make the approval of the preliminary plan null and void, unless an extension of time is requested by the applicant and for good cause granted by City Council.
B.
An application for final plan approval can be submitted only after the receipt of preliminary plan approval in accordance with § 7-503.3.
C.
Preliminary/final plans may be submitted for minor plans in accordance with § 7-503.5C of this code. Preliminary/final plans shall be approved by City Council in the same manner as preliminary plans.
D.
No subdivision or land development plan shall receive final approval
until a sewage planning module, if applicable, is approved by the
Pennsylvania Department of Environmental Protection.
E.
The final plan shall incorporate all the changes and modifications
required by City Council; otherwise, it shall conform to the approved
preliminary plan. If the final plan deviates by more than 10% from
the above, it will need to be resubmitted as a preliminary plan.
F.
Before approval of a final plan, or a preliminary/final plan, the Commission and City Council must be assured by means of an improvement construction guarantee, in accordance with Chapter 7-515 of this code, that all required improvements will be installed by the applicant in strict accordance with the standards and specifications of the City and within a specified time after approval of the final plan. The bond or other security shall be made to and deposited with the City.
G.
Final and preliminary/final plans may be filed with the Commission
staff by appointment on any business day; however, the Commission
will officially review a plan at a particular meeting only if the
plan was filed at least 15 business days prior to that meeting.
H.
All final plan applications shall include the following:
(1)
Seven copies of the final plan. All plans shall be either black
on white or blue on white paper prints.
(2)
Three copies of all reports, notifications and certificates
which are not provided on the final plan.
(3)
One application form, available from the Bureau of Planning.
(4)
Filing fee; schedule available at the Bureau of Planning.
(6)
Such other copies of the plan deemed necessary by the Commission.
I.
All final plans shall be prepared in conformance with the provisions of § 7-505.10 of this code and any other requirements of law.
K.
Based on the comments received, the Commission staff shall prepare
a report to the Commission on the completeness, impact and design
suitability of the proposed subdivision or land development plan.
The report shall include any recommended amendments and conditions.
L.
The Commission may choose to schedule a public hearing, pursuant
to public notice, where the public may state concerns and ask questions.
M.
The Planning Commission, at a regularly scheduled or special meeting,
shall approve, conditionally approve or disapprove the final plan.
A final decision must be rendered and communicated to the applicant
not later than 90 days from the date the application was first heard
by the Planning Commission, provided that the Commission has met within
30 days of the date plans were filed with the Commission. If the Commission
did not meet within 30 days of the date plans were filed, a final
decision must be rendered and communicated to the applicant within
120 days.
N.
Failure of the Commission to render a decision and communicate it
to the applicant within the time and in the manner required herein
shall be deemed an approval of the application as presented, unless
the applicant has agreed, in writing, to an extension of time or change
in the prescribed manner. In general, the Commission will schedule
the final plan for action at the first Commission meeting which is
at least 15 days following filing.
O.
Within 15 business days after the meeting at which the final plan
is reviewed, the staff shall send written notice of the Commission's
action to the following individuals:[1]
P.
If the application has been approved with conditions or disapproved,
the Commission staff will notify the above individuals, in writing,
of the defects in the application and will identify the requirements
which have not been met by citing the provisions of the statute or
code relied upon.
Q.
The Planning Commission may grant approval of the final plan subject
to conditions acceptable to the applicant. If the conditions are not
accepted within 45 days, the approval will be rescinded. The conditions
must be in writing, and the acceptance of the conditions by the applicant
must also be in writing.
R.
If such conditions are accepted, the additional information, changes
or modifications shall be submitted and/or alterations noted on one
copy of the plan provided to the Commission for review and approval
by the staff.
S.
After the Commission's approval of the final plan or City Council's
approval of the preliminary/final plan and the required changes, if
any, have been made, the applicant shall proceed to prepare paper
copies of the final plan, two sets for the Commission, one set for
the City Engineer, and one set for the Dauphin County Recorder of
Deeds. The applicant shall deliver these copies to the Commission's
staff, signed by the owner and notarized with the seal and signature
of the engineer, surveyor or landscape architect as appropriate. The
staff will obtain the other signatures and certifications, provided
that plans are submitted no more than 85 days from the Commission's
final approval action, unless the Commission grants a waiver by extending
the effective time period of the approval.
T.
Upon approval and certification of a final plan, the applicant shall
record the plan in the office of the Dauphin County Recorder of Deeds.
(1)
Should the applicant fail to record the final plan within 90
days of the Commission's final plan approval or City Council's
preliminary/final plan approval, the plan shall be null and void,
unless the Commission grants a waiver by extending the effective time
period of the approval.
(2)
The applicant must file the plan with the Dauphin County Recorder
of Deeds and have the book, volume, page number and date noted on
the plan. Three fully executed sets (showing the recorded book, volume,
page number and date) should be returned to the Commission staff,
two for the Commission's files and one for the City Engineer.
(3)
The final plan shall be filed with the Dauphin County Recorder
of Deeds before proceeding with the sale of lots.
(4)
The final plan shall be filed with the Dauphin County Recorder
of Deeds before proceeding with the construction of any improvements.
(5)
No subdivision or land development plan may be recorded unless
it bears all authorizing signatures.
(6)
No changes, erasures, modifications or revisions shall be made
on any final plan of a subdivision or land development unless the
plan is first resubmitted to the Commission.
(7)
Recording the final plan, after approval of the Commission, shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use, unless reserved by the landowner as provided in Subsection T(8) of this section. However, the approval of the Commission shall not impose any duty upon the commonwealth, county, or City concerning acceptance, maintenance, or improvement of any such dedicated areas or portions of the same until the proper authorities of the commonwealth, county, or the City actually accept the same by ordinance or resolution, or by entry, use, or improvement.
(8)
The landowner may place a notation on the final plan to the
effect that there is no offer of dedication to the public of certain
designated areas, in which event the title to such areas shall remain
with the owner, and the commonwealth, county, and the City shall assume
no right to accept ownership or right-of-way.
A.
Any replatting or resubdivision of a recorded plan, or revision of
approved final plans which have not yet been recorded, excluding lot
grading plan in subdivisions, shall be considered as a new application
and shall comply with all requirements of this chapter, except that
plans may be changed, provided that in making such changes:
(1)
No lot or tract of land shall be created that does not meet
the minimum design standards required by this code and other existing
City regulations.
(2)
No structure shall be relocated which does not meet the minimum
design standards required by this chapter and other existing City
regulations.
(3)
No increase is made to the overall density.
(4)
The stormwater management facilities are not altered in a manner
which significantly affects the discharge of stormwater onto an adjacent
property or significantly relocates a major stormwater management
facility within the project. The staff has the right to submit to
the Commission for review any alteration of a stormwater management
facility.
(5)
Street locations and block sizes shall not be changed.
(6)
The character and land use of the original application shall
be maintained.
B.
In every case where a plan alteration conforms to the above:
(1)
The applicant shall submit to the Commission five black on white
or blue on white paper copies of the revised final plan and one application
form. The application form is available from the Bureau of Planning.
(3)
Upon review of the revision, the staff will, in writing, advise
the applicant whether or not the revision complies with the above.
(4)
If the revision complies, the applicant shall prepare four paper copies of the plan for recording, one copy for the City Engineer, two copies for the Commission's files and one copy for the Dauphin County Recorder of Deeds. These copies will be certified by the Commission as specified in § 7-503.4S of this chapter.
C.
In the case of any proposed subdivision or land development plan of no more than 10 lots or units which does not require provision for a new street, the applicant may concurrently submit combined preliminary and final plans for review and approval by the Commission and City Council. In such instances, the applicant shall submit a plan which shall be designated "preliminary/final." All other plans shall be submitted in accordance with § 7-503.3 of this chapter.
D.
The lease, conveyance, sale, or transfer of land for the sole purpose
of increasing the lot size of an adjacent contiguous lot shall comply
with the following lot add-on procedure, provided that the proposal
does not alter a subdivision plan of record, create additional lots,
or result in a nonconformity with the design standards found in this
Subdivision and Land Development Code or with other existing City
regulations:
(1)
In every case where a proposal conforms to the above, the applicant
shall comply with the following procedures:
(2)
Upon review of the revision, the staff will, in writing, advise
the applicant whether or not the proposal qualifies as a lot add-on
plan.
(3)
If the plan qualifies, the applicant shall prepare four paper copies of the plan for recording; one copy for the City Engineer, two copies for the Commission's files and one copy for the Dauphin County Recorder of Deeds. These copies will be certified by the Commission as specified in § 7-503.4S of this chapter.
(5)
The plan shall be filed with the Dauphin County Recorder of
Deeds prior to the execution of a deed for the land.
A.
A request for a waiver may be submitted to the Commission at any time. All requests shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 7-505.1) and a statement, which may be included on the plan, which shall identify:
B.
At a scheduled public meeting, the Commission shall review the request
to determine:
C.
The Commission will forward its recommendations to City Council and
the applicant.
D.
City Council shall approve, conditionally approve or deny the waiver
by resolution.
F.
If City Council denies the request, the City Clerk will notify the
above individuals, in writing, of the justification for denial. If
City Council grants the request, the plan shall include a note which
identifies the specific waiver as granted with the date of City Council's
action.
G.
The Planning Commission shall keep a written record of all action
on all requests for waivers.
