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.
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.
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.
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.