[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 23-1990. Amendments noted where applicable.]
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:
Guiding the future growth and development of the City in accordance with the Comprehensive Plan.
Ensuring conformance of subdivision plans with public improvement plans.
Securing the protection of water resources and drainageways.
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.
Ensuring that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
Preserving the natural and man-made beauty and topography of the City and ensuring appropriate development with regard to these features.
Facilitating the efficient and safe movement of traffic.
Securing the equitable handling of all subdivision and land development plans by providing uniform standards and procedures.
Promoting the greater health, safety and welfare of the citizens of the City of Harrisburg.
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.
City Council shall have the authority to approve or disapprove all preliminary and preliminary/final subdivision or land development plan applications as required herein.
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.
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.
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.
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.
The regulations contained herein pertaining to land development shall be applicable to any of the following:
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.
The construction or substantial rehabilitation of any building or buildings in a single development involving five units or greater, whether proposed initially or cumulatively.
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.
The regulations contained herein pertaining to all subdivisions of land and to land development as described in Subsection A above shall apply as follows:
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.
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.
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.
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.
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.
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.