[HISTORY: Adopted by the City Council of the City of Harrisburg 7-8-2014 by Ord. No. 5-2014. Amendments noted where applicable.]
An easement permit shall be required in any case where private property will encroach into a public street or pedestrian right-of-way at, above, or below ground level. Such easement shall be authorized by a written resolution approved by City Council.
Any proposed principal building extension over a public right-of-way shall only be approved by City Council after it has been legally advertised at least once and after the Planning Commission has been provided an opportunity for a review.
Approval may also be necessary from the State Department of Transportation if a state street is involved.
City Council shall conduct hearings and make decisions in accordance with the following:
Public notice shall be published as required by Section 103 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10103. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered;
Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. It is the responsibility of the applicant to ensure that such notice is posted and remains posted until the hearing;
The City shall provide written notice to the applicant of the time and place of the hearing. Such notice also shall be given to any other person or group, including civic or community organizations, who has made a written timely request for such notice;
Any such notices should be mailed or delivered to the last known address, or sent through electronic mail services;
The City shall provide written notice to owners of property abutting or directly across the street from the boundaries of the subject property; and
A copy of the final decision or a copy of the findings (when no decision is called for), shall be communicated to the applicant or his/her representative or mailed to his/her last known address not later than the time limit established by the Pennsylvania Municipalities Planning Code, as amended.
Editor's Note: See 53 P.S. § 10101 et seq.
Planning Commission review and City Council approval are not required for features within public rights-of-way in the following specific instances:
Utility easement permits approved by the City Engineer;
Routine extensions for architectural projections and similar accessory features in accordance with the provisions of the City Building Code, including cornices and eaves, architectural decorations, ornamental columns, entrance steps, oriel windows, balconies, awnings, awning covers or boxes, marquees, and closely similar features, which shall be approved by the Zoning Officer through an easement permit;
Easement permits for handicapped access to an existing structure, which improvements generally conform with the Uniform Federal Accessibility Standards, or a routine stoop, which shall be approved by the Zoning Officer; or
Below-ground-level footings of buildings which project up to 12 inches into a right-of-way if approved by the City Engineer.