§ 11-502. Authorization of Paving.

   (1)   All special ordinances authorizing the Procurement Department to enter into a contract for the paving of any street or portion of it shall be enacted pursuant to this Section, and shall be in a form similar to that prescribed in Section 11-402.

      (a)   Where the paving is required or necessitated by new residential development, the ordinance authorizing a contract for such paving shall so indicate.

   (2)   Except as otherwise provided by such ordinance, every paving contract shall be prepared by the Law Department and shall provide that:

      (a)   the contractor shall collect the costs of paving, exclusive of street intersections and properties exempt by law from paving assessments, from the owners of the properties abutting on the street, according to their respective fronts as provided in Section 11-503; and

      (b)   any amount in excess of such assessments shall be paid by the City out of any item available for this purpose;

      (c)   the contractor shall file a bond satisfactory to the Law Department, guaranteeing to keep the paving in good repair for 5 years after the work is completed and accepted by the City; and

      (d)   such other provisions as the Department of Streets shall consider necessary.

   (3)   Unless otherwise provided, every ordinance authorizing a paving contract shall, without further specification, authorize the Procurement Department to advertise for proposals and to award contracts in accordance with plans and specifications prepared by the Department of Streets. 43

   (4)   Whenever an ordinance authorizing a contract for the paving of streets indicates that the paving thus authorized is required or necessitated by new residential development, unless otherwise provided in such ordinance, no advertisement shall be made for the work until: 44

      (a)   the applicant builder files evidence satisfactory to the Department of Streets and/or a certified statement, to the effect that the housing developments, for which the particular paving is requested, will be undertaken and completed as a part of the housing program for which the improvements authorized in the ordinance were approved;

      (b)   the legal opening of the streets included in such ordinance which were not legally opened on the date of approval of the ordinance.

 

Notes

43	Supersedes 1870 Ordinances, p. 299, § 2.
44	Source: 1952 Ordinances, p. 273.

§ 11-503. Roadway Paving Bills and Assessments. 45

   (1)   Unless otherwise provided therein, an ordinance authorizing the paving of any street, or a contract therefor shall constitute authorization for the successive paving of each block of such street, and for measurements to be made, and bills furnished for the paving of each block immediately after the completion of the paving in that block. 46

   (2)   Whenever, under authority of Council, any roadway of any street or portion of it is paved, the cost of such paving, exclusive of street intersections, shall be proportionately assessed against the owners of the properties abutting on such streets or highways according to their respective frontages, except that the following properties shall be exempt from assessments: 47

      (a)   Properties exempt by law from paving assessments;

      (b)   Properties abutting on roadway designated as a State highway by the Commonwealth of Pennsylvania; 48

      (c)   Properties upon which a one-family dwelling or a two-family dwelling, has been erected and maintained solely as such, abutting on an existing street paved primarily for the purpose of connecting new developments with existing street systems;

      (d)   Properties upon which a one-family dwelling or a two-family dwelling has been erected, and maintained solely as such, abutting on any street designated as an arterial street in the Council's Arterial Use Plan;

      (e)   Properties, other than corner properties, upon which a one-family dwelling or a two-family dwelling has been erected, and maintained solely as such, which have frontages on more than one street, shall not be assessed for paving for any frontage in addition to the first front paved; and corner properties, upon which a one-family dwelling or a two-family dwelling has been erected and maintained solely as such, which have frontages on more than two streets, shall not be assessed for paving for any frontages in addition to the first two fronts paved and shall be entitled to receive the corner allowance herein provided. 49

   (3)   No owner shall be charged more than the contract price or more than his proportional share of a thirty-six (36) footwidth of paving, and in no case, more than fifty dollars ($50) in the aggregate per linear foot of assessable property frontage for any type or class of paving, including base and intermediate surface courses. 50

      (a)   Any amount in excess of the assessments shall be paid by the City. 51

      (b)   Allowances for corner lots shall be made as follows:

         (.1)   An allowance shall be made of two-thirds of the length of one of the fronts, but the allowance shall not exceed 75 feet of any lot;

         (.2)   The allowance shall be made on the street having the longer frontage; in case both fronts are equal the allowance shall be made on the side last paved;

         (.3)   Where a full block has not been subdivided the frontage of the lot for computing the allowance shall be taken as one-half the length of the block;

         (.4)   Where the lot has not received an allowance on the side first paved, an allowance shall be made on the remaining side, but more than one allowance shall not be made on any lot; 52

         (.5)   Where a corner lot is exempt from paving assessment along one of its frontages, the allowance applicable along the remaining front shall be reduced by the length of the frontage which is exempt. 53

   (4)   Nothing in the foregoing provisions shall be construed to relieve paving assessments levied against new residential developments. 54

   (5)   The foregoing provisions shall only apply to the paving of streets completed after the enactment date hereof. 55

   (6)   The repairing, repaving or reconstruction of paving in the roadway of any City street shall be at the expense of the City. 56

   (7)   Upon the completion of any roadway paving done under a contract entered into under authority of Council, the surveyor of the district in which the paving is located shall compute the cost in accordance with the provisions of the contract, including all items or regulations and measurements, and shall assess such cost against the property abutting the street on which the work is done, in the name of the registered owner thereof. The bills shall be returned in duplicate to the Department of Streets, and shall be endorsed by the Department of Streets in favor of the contractor and delivered to him in lieu of cash, unless otherwise provided. One copy of the bill shall be served upon the registered owner of the property, or if he cannot be found it shall be left upon the premises. If the bill is not paid within 30 days from service upon the owner of the property, a lien therefor together with a penalty of six percent (6%) for nonpayment may be filed in the proper court against the property and the registered owner thereof, as provided by law. 57

   (8)   The Redevelopment Authority of the City of Philadelphia shall be required to pay the assessment bill made against any residential property in an urban renewal area where the Redevelopment Authority of the City determines the improvement is a general benefit to the urban renewal area as defined by Title I of the United States Housing Act of 1949, as amended. 58

 

Notes

45	Amended, 1986 Ordinances, p. 956.
46	Source: 1908 Ordinances, p. 128.
47	Amended, 1960 Ordinances, p. 890.
48	Source: 1951 Ordinances, p. 841.
49	Added, 1969 Ordinances, p. 346.
50	Renumbered and amended, 1986 Ordinances, p. 956.
51	Amended, 1957 Ordinances, p. 669.
52	Amended, 1958 Ordinances, p. 618.
53	Amended, 1986 Ordinances, p. 956.
54	Renumbered, 1986 Ordinances, p. 956.
55	Renumbered, 1986 Ordinances, p. 956.
56	Source: 1855 Ordinances, p. 140, § 1.
57	Amended, 1960 Ordinances, p. 890.
58	Added, 1971 Ordinances, p. 599.

§ 11-504. Roadway Paving at Private Request. 59

   (1)   When requested by the owner of property and deemed by the Department of Streets to be in the best interest of the City, the Department is authorized to enter into a contract for the paving or repaving of the street in front of the property of such owner, under the following conditions:

      (a)   all such work shall be done at the sole cost of the owner of the property;

      (b)   all such work shall be done under the direction and supervision and to the satisfaction of the Department of Streets;

      (c)   all contracts for such work shall be prepared by the Law Department and shall contain the usual requirements of contracts for City paving;

      (d)   all contracts for such work shall require that a bond satisfactory to the Law Department first be filed by the paving contractor, guaranteeing to keep the paving in good repair for 5 years after the work is completed and accepted by the City; and

      (e)   all provisions of this Chapter regarding prior completion of subsurface installations, including water pipes, sewers, underdrainage, and utilities, shall be complied with.

 

Notes

59	Source: 1942 Ordinances, p. 237.

§ 11-505. Sidewalk Paving and Other Improvements by Property Owners. 60

   (1)   The sidewalks of the all public streets, and the roadways and sidewalks of all private streets, shall be graded, curbed, paved and kept in repair at the expense of the owners of the land fronting thereon, except as otherwise provided in this Section.

   (2)   Whenever the Department of Streets determines that it is necessary to grade, pave, repave, or repair the sidewalks and to set or reset the curb of any public street in the City, it shall give written notice of the Department's intention to have such work done and the provisions of this Section to the owner of the property adjoining which such work is to be done, or to his agent or the person in possession of such property, or, if opposite any alley or driveway, to all the owners, agents, or persons in possession of the properties abutting on, having the use of, the alley or driveway opposite which the sidewalk or curb work is to be done. If the Department of Streets is unable to serve the above persons, then the notice shall be posted upon a conspicuous part of the property.

   (3)   Whenever under the provisions of this Section the Department of Streets is to have any work done, the Procurement Department is authorized to enter into a contract for such work, which shall be done in accordance with plans and specifications of the Department of Streets and pursuant to existing laws and ordinances.

   (4)   Any contract authorized by subsection 11-505(3) may be combined with an otherwise authorized contract for the paving or repaving of a street, but the work provided for in this Section shall be done and the expense thereof assessed or collected in accordance with this Section.

   (5)   Upon the completion of any work done under a contract entered into pursuant to this Section:

      (a)   the surveyor of the district in which the work is located shall compute the cost thereof in accordance with the provisions of the contract;

      (b)   the surveyor shall assess the cost for sidewalks and curbs against the properties abutting on the sidewalks and curbs in the names of the registered owner, provided that the total of such assessments shall not exceed thirty percent (30%) of the total cost of the work and that each registered owner shall pay in proportion to their property width, and the bills shall be returned in duplicate to the Department of Streets;

      (c)   the bills may be endorsed by the Department of Streets in favor of the contractor and delivered to the contractor in lieu of cash if the contract so provides;

      (d)   one copy of each bill shall be served upon the registered owner of the property or if the owner cannot be found it shall be left upon the premises; and

      (e)   if the bill is not paid within 30 days from its service upon the owner of the property, a lien for the amount of the bill together with a penalty of six percent (6%) may be filed in the proper court against the property and the owner.

   (6)   All sidewalks, curbs, and driveways across sidewalks shall be laid or set in accordance with the provisions of this Chapter and the regulations of the Department of Streets, which may include regulations governing construction of Americans with Disability Act (ADA) compliant curb ramps by utilities and owners of properties abutting intersections.  61

   (7)   When curb is to be set at corners of streets or at angles thereof, curved curb shall be placed to the radii determined by the district surveyor. The Department of Streets is authorized to replace existing curb with curved curb when a street is being paved or repaved, or when public convenience requires it.

      (a)   Where curb has not previously been set, it shall be paid for by the owner of the property adjacent to the angle or corner.

      (b)   Where curb now set is altered to a curve, it shall be paid for by the City.

      (c)   The owner of the adjacent property shall keep the curb in repair.

   (8)   Whenever any street is to be paved, repaved or resurfaced, and replacement of existing curb and/or sidewalk is a necessary element of the street improvement in the judgment of the Department of Streets, such curb and/or sidewalk replacement shall be at the expense of the City; provided however, that the curb and/or replacement be for the restoration of the existing curb and/or sidewalk and not in any way for the maintenance of the same. 62

   (9)   All contractors employed in the construction, reconstruction, setting or resetting of curb and the paving or repaving of footways, shall:

      (a)   be registered with the Department of Licenses and Inspections and pay a non-refundable application fee of twenty dollars ($20), which fee shall be credited toward the annual fee upon registration, and an annual fee of fifty dollars ($50), or such other amounts as may be established by regulations of the Department of Licenses and Inspections, to cover costs of program administration, that are effective on or after July 1, 2018, provided that the fee shall not be increased to an amount higher than the fee as it existed on July 1, 2017, multiplied by the CPI Multiplier, as defined in Section 9-102 of the Code; 63

      (b)   file a bond annually with the Law Department in the sum of one thousand dollars ($1,000), or such other amount as may be established by regulation, in form and with surety as required by the Law Department, to indemnify the City and property owner against loss caused by the City ordering defective work to be remedied at the expense of either the City or the property owner; 64

      (c)   in each instance obtain a permit from the Department of Licenses and Inspections stating the character of the curb to be set or reset, or the character, location and width of the footway or driveway to be laid or relaid, and the specifications under which the work is to be done;

      (d)   in each instance obtain the necessary lines and grades from the district surveyor before commencing work. 65

   (10)   Enforcement.

      (a)   Any person who fails to comply with the provisions of this Section, or who unlawfully sets or resets curb or paves or repaves sidewalks of driveways not in conformity with the specifications of the Department of Streets or with lines and grades furnished by the district surveyor, shall, in addition to any other fines or penalties prescribed by this Code, be refused further permits and prohibited from doing any work provided for in this Section until he corrects the violation.

      (b)   When any curb is set or sidewalk or driveway paved contrary to the provisions of this Section, the Department of Streets may:

         (.1)   tear up and remove the sidewalk, driveway, pavement or curb;

         (.2)   construct the sidewalk or driveway or set the curb in the manner provided in this Section;

         (.3)   file a lien for the cost thereof, including the cost of tearing up, removing, and setting in the manner provided in this Section.

   (11)   The Department is authorized to charge fees for the review of ADA ramp plans, including fees for accelerated review, and for fees paid to the City for the City or its contractors to install ADA-complaint curb ramps in lieu of installation of such ramps by utilities and owners of properties abutting intersections, which fees shall be established by the Department by regulation.  66

 

Notes

60	Source: 1855 Ordinances, p. 140, § 1; 1916 Ordinances, p. 376, as amended. Amended, Bill No. 030714 (became law December 18, 2003).
61	Amended, Bill No. 220189 (approved July 6, 2022) .
62	Amended, 1973 Ordinances, p. 767; amended, 1974 Ordinances, p. 1130; amended, 1978 Ordinances, p. 1.
63	Amended, 1988 Ordinances, p. 339; amended, Bill No. 170165 (approved April 4, 2017).
64	Amended, Bill No. 170165 (approved April 4, 2017).
65	Source: 1951 Ordinances, p. 553.
66	Added, Bill No. 220189 (approved July 6, 2022) .

§ 11-506. Alleys, Driveways, and Retaining Walls. 67

   (1)   Upon completion of the paving or repaving of any alley or driveway or the construction or reconstruction of any retaining wall pursuant to an order to abate a nuisance, the surveyor of the district in which the work is located shall compute the cost thereof in accordance with the provisions of the contract.

   (2)   The surveyor shall assess the cost against the properties abutting on, having the use of, or actually using the alley, driveway, or retaining wall, in the names of the registered owners, provided that such assessments shall not exceed fifty dollars ($50) per assessable linear foot for each alley or driveway that is paved or repaved and for each retaining wall that is constructed or reconstructed, and the bills shall be returned in duplicate to the Department of Streets.

   (3)   The bills may be endorsed by the Department of Streets in favor of the contractor and delivered to the contractor in lieu of cash, if the contract so provides.

   (4)   One copy of each bill shall be served upon the registered owner of the property, or if the owner cannot be found it shall be left upon the premises.

   (5)   If the bill is not paid within 30 days from its service upon the owner of the property, a lien for the amount of the bill together with a penalty of six percent (6%) may be filed in the proper court against the property and the owner.

 

Notes

67	Amended, Bill No. 000660 (approved January 23, 2001).

§ 11-507. Plan Review Fees. 68

   (1)   The Department is authorized to charge fees for the review of private paving plans, including fees for accelerated review, which fees shall be established by the Department by regulation.

 

Notes

68	Added, Bill No. 080163 (approved June 4, 2008).

§ 11-508. Private Development Projects. 69

   (1)   The Department of Streets is authorized to establish by regulation various requirements for certain private development projects to pave and mill the full adjacent roadway area, if the private development project has disturbed in excess of sixty percent (60%) of the adjacent roadway area, or involves new construction or substantial improvement of twelve (12) or more adjacent residential lots or properties fronting on the same roadway block or at least two hundred linear feet (200') of frontage on a roadway block.

 

Notes

69	Added, Bill No. 180565 (approved October 17, 2018).