[HISTORY: Adopted by the City Council of the City of Harrisburg 4-13-2021 by Ord. No. 7-2021. Amendments noted where applicable.]
This chapter of the Codified Ordinances for the City of Harrisburg shall be known and may be cited as "Street Vacations."
A petition must be presented to City Council for the vacating of any street.
A petition made pursuant to this chapter shall be:
A. 
Signed by a majority, in number and interest, of the owners of property abutting on the line of the proposed vacation as fixed at the time of presentation of the petition.
B. 
Verified by affidavit of one or more of the petitioners.
C. 
For the purposes of this chapter the majority in interest of owners of undivided interests in any piece of property shall be deemed as one person for the purposes of the petition.
A petition for a street vacation shall include, at a minimum, the following information:
A. 
Site information that must include:
(1) 
Identification of the right-of-way proposed for vacation.
(2) 
A survey and legal description.
(3) 
Site map.
B. 
Project information must include the location and description of any development proposed for the site, including preliminary land development plans.
C. 
A comparison of development of the site with and without a street vacation.
D. 
Transportation information that must include:
(1) 
Current use and design of the street.
(2) 
Designation of the street, including street type, if any.
(3) 
Analysis on the transportation impacts of any loss of street, including impacts to transit, pedestrian, and bicycle circulation and access.
E. 
Utilities that must include:
(1) 
Identification of any utilities above or below the street.
(2) 
Written confirmation from the owner of any such utilities that they do not oppose the street vacation.
F. 
Community engagement plan that must report on all community engagement related to the petition. The petitioner must hold at least two community outreach sessions.
G. 
A commitment to provide a permanent or long-term public benefit or public good that will warrant vacating the street.
The following criteria will apply when determining whether to grant or deny any petition for street vacation.
A. 
Impact to utility infrastructure.
B. 
Impact to adjacent properties.
C. 
Impact to traffic circulation, including but not limited to vehicular, pedestrian, bicycle, and other modes of transportation.
D. 
Impact to parking.
E. 
Consistency with the City's transportation and land use plans and goals.
F. 
A finding that a public good or benefit shall be achieved by granting the petition for street vacation.
A. 
A petitioner who requests a street vacation shall provide a proposal that details what public benefit or public good shall be accomplished in relation to the petition, including a detailed description of the public benefit or public good to be achieved, a cost estimate or budget for the proposal, a timeline of implementation and other information that may be requested by the City.
B. 
When determining whether the elements of a proposal demonstrates a commitment to provide a public benefit or serve a public good, the inclusion of any of the following elements will be deemed to satisfy the requirements of § 9-117.5F:
(1) 
Spaces that support City goals for social equity, such as on-site affordable housing.
(2) 
Creating or enhancing publicly accessible plazas, open spaces, or other green spaces.
(3) 
Streetscape enhancements beyond that required by codes such as widened sidewalks, stairways, additional street trees or landscaping, street furniture, or pedestrian lighting.
(4) 
Enhancing the pedestrian or bicycle environment.
(5) 
Pedestrian trails, accessible public routes such as elevators and ramps providing access through the site.
(6) 
Preserving landmark buildings or other community resources.
(7) 
Improved traffic safety by reducing turn-conflicts.
(8) 
Managing urban stormwater and reducing combined sewer overflows.
C. 
The foregoing options for achieving a public benefit or serving a public good in the course of implementing a plan relating to a petition for a street vacation are not intended to be exhaustive or the exclusive options to be included in a proposal required under this chapter.
The approval of any petition for street vacation shall be deemed conditioned upon the full execution and filing of any quit claim deeds and the proposed lot consolidation plan with Dauphin County, which must include the vacated street as part of the consolidated lot being recorded. Proof of recordation must be provided to the City.
The City shall create and provide the official forms and related written instruction for any applicant to complete and submit as a petition for approval of a street vacation under this chapter.
Nothing in this legislation is intended to alter, diminish or impede the City Council's exercise of their authority or discretion to grant or deny a petition to vacate a street or to open, alter or vacate any street in the interest of the City, as provided under Chapter 129 of the Third Class City Code, 11 Pa.C.S. § 10101, et seq. and as otherwise provided by law. Nothing in this legislation is intended to waive or diminish a petitioner's obligation to provide requisite notices to abutting property owners in accordance with Chapter 129.