(1) The Department of Streets shall not recommend to Council the placing upon any part of the City Plan or the acceptance of any street in which water pipe has been laid, sewers constructed, paving laid, or other municipal structures constructed in the bed thereof, unless:
(a) all such municipal structures in the debt of such streets shall have been constructed by or under the supervision of the Water Department or the Department of Streets or another City department having jurisdiction, in accordance with applicable ordinances, regulations, and specifications; 36 or
(b) the Water Department, Department of Streets, or another City department having jurisdiction agrees to accept the future maintenance of such structures.
Notes
| 35 | Source: 1901 Ordinances, p. 144. |
| 36 | Source: 1891 Ordinances, p. 186. |
(1) All special ordinances authorizing the placing of a street upon the City Plan shall be ordained pursuant to this Section, and shall be substantially in the following form:
The Council of the City of Philadelphia hereby ordains:
Section 1. Pursuant to §§ 11-402 and 11-406 of the Code and subject to those provisions [(and where necessary:) as well as to the provisions of this ordinance] the Department of Streets, Board of Surveyors, is authorized to place upon City Plan No. _____, __________ Street [Avenue, etc.] from __________ Street [Avenue, etc.].
Section 2. In addition to the conditions specified in § _____ of the Code, this authorization is also conditional upon compliance with the following additional requirements within [specify time] from the date of approval of this ordinance: [Here specify additional conditions, if any.]
(2) Except as otherwise provided and in addition to any specific requirements in any such special ordinance, each authorization to place a street on the City Plan shall be conditional upon compliance with the following requirement within one year from the date of approval of such ordinance.
(a) The dedication by the owners to the City, without cost, and free and clear of all encumbrances, of the bed of each street authorized to be placed on the City Plan by such ordinance, or the filing of an agreement with corporate surety, in form satisfactory to the Law Department and in amount satisfactory to the Department of Streets, indemnifying the City from all damages, or claims for damages, which may arise from the subsequent opening and improvement of each such street to the confirmed lines and grades.
(3) Each grant of authority to place a street upon the City Plan shall, without further specification, authorize revision of the lines and grades of intersecting and adjacent streets affected.
(1) All special ordinances authorizing the striking of a street from the City Plan shall be in accordance with this Section, and shall be in a form similar to that prescribed in Section 11-402 for authorizing the placing of streets on the City Plan.
(2) Except as otherwise provided and in addition to any specific requirements in any such ordinance, each authorization to strike a street from the City Plan shall be conditional upon compliance with the following requirements within one year from the date of approval of such ordinance:
(a) the filing of an agreement in form satisfactory to the Law Department, indemnifying the City from all damages, or claims for damages, which arise by reason of the changes authorized in the City Plan;
(b) the filing of an agreement in form satisfactory to the Law Department, agreeing to make such changes and adjustments to public utility structures, City structures, and structures under the control of private interests as may be necessary, in the judgment of the Department of Streets, by reason of the changes authorized in the City Plan; the agreement to provide that all such work shall be completed within one year after the date of confirmation by the Board of Surveyors of the changes authorized by the ordinance;
(c) the filing of a bond, in form satisfactory to the Law Department and in amount satisfactory to the Department of Streets, to cover the cost of the work required under subsection 11-403(2)(b);
(d) the payment of the assessments for grading, paving and other municipal improvements and costs incurred by the City in opening and building the street, unless previously assessed.
(3) Each grant of authority to strike a street from the City Plan shall, without further specification, carry with it authority to revise the lines and grades of intersecting and adjacent streets affected thereby.
(1) All special ordinances authorizing the revision of the lines or grades of any part of the City Plan shall be in a form similar to that prescribed in Section 11-402 for authorizing the placing of streets on the City Plan.
(1) A single special ordinance authorizing streets to be placed upon or stricken from the City Plan, or the revision of lines and grades, or any combination thereof, may be enacted, and shall be in a form similar to that prescribed in Section 11-402. Except as otherwise specifically provided, and in addition to any specific requirements therein, each such ordinance shall be conditional upon compliance with the applicable provisions of this Chapter. Each such combined ordinance shall be as effective as if separate ordinances were passed.
(1) Any special ordinance under this Title shall be conditional upon the payment into the City Treasury of:
(a) the cost of advertising the public hearing by the Board of Surveyors on the changes in the City Plan; and
(b) the sum of two hundred dollars ($200) for the costs of the ordinance.
(2) In the case of combined special ordinances, there shall be required only one payment into the City Treasury of two hundred dollars ($200) for costs.
Notes
| 37 | Amended, 1961 Ordinances, p. 945; amended, 1977 Ordinances, p. 1242. |
(a) prior to April 2, 1906, in which case it must be at least 40 feet in width;
(b) prior to April 8, 1890, in which case it must be at least 30 feet in width.
(3) No department shall issue or cause to be issued any permit for the erection of any building or for the introduction of gas, water, sewer, or drains, or in any other way authorize or permit the erection of any building fronting on any thoroughfare less than 36 feet in width which is not on the City Plan.
Notes
| 38 | Source: 1890 Ordinances, p. 124, as amended; 1906 Ordinances, p. 70; 1954 Ordinances, p. 339. |
| 39 | Amended, Bill No. 120774-A (approved January 14, 2013). |
| 40 | Amended, Bill No. 120774-A (approved January 14, 2013). |