(1) Building Permits. No structure listed in this Section shall be erected unless a building permit has been obtained.
(a) The bicycle rack shall be installed such that the rack, including attached bicycles, does not impede upon the usable sidewalk width as determined by the Department of Streets or interfere with safe egress from any building or facility;
(b) Written permission is obtained from the abutting property owner;
(c) The owner of the bicycle rack (the owner) shall, at his/her own cost or expense, maintain and perform all necessary repairs to the bicycle rack and repair all damage resulting from the installation;
(d) The owner shall remove any abandoned bicycles, bicycle locks, and chains on a regular basis;
(e) Construction of the bicycle rack and its installation shall conform to regulations promulgated by the Department of Streets;
(f) The owner shall obtain a permit from the Department of Streets prior to installation of the bicycle racks;
(g) The owner, as a condition of the permit, agrees to release, indemnify and defend the City from all damages or claims for damages, which may arise by reason of the installation of the bicycle rack in the right-of-way.
(3) Bulk Windows. 86
(a) No bulk window shall be constructed which:
(.1) projects more than eighteen (18) inches into the street;
(.2) projects closer than three (3) feet to the curb line;
(.3) bears upon ground supports located within the street.
(b) A bulk window shall not:
(.1) have a frontage in excess of fifteen (15) feet;
(.2) be located within two (2) feet of another bulk window;
(.3) be located within two (2) feet of a lot line, party line, or fire division wall, or an interior partition required to have a fire resistive rating;
(.4) be larger than the room to which it is attached.
(4) Cellar Doors and Steps. 87 No cellar door or steps shall extend closer than one foot to the curb line nor more than 4 feet 6 inches onto the sidewalk of a street 50 feet or more wide, or a proportionately smaller distance onto the sidewalk of a street less than 50 feet wide; provided that if this portion of the sidewalk is, in the opinion of the Department of Streets, necessary for pedestrian or vehicular traffic, such cellar door or steps shall be removed at the expense of the owner of the premises.
(5) Fences and Railings. 88 No fence or railing shall extend beyond the street line so as to reduce the width of the sidewalk to less than 16 feet where the width of the street is 100 feet or more; to less than 14 feet where the width of the street is between 80 and 100 feet; to less than 12 feet where the width of the street is between 50 and 60 feet; or to less than 8 feet where the width of the street is less than 50 feet.
(a) The area enclosed by fence or railing shall be graded to conform with the City Sidewalk Grades as established by the Board of Surveyors. 89
(8) Curb or Sidewalk Posts. Curb or sidewalk posts may be installed if the Department of Streets determines that such installations are necessary to prevent possible injury to pedestrians or damage to property by motor vehicles coming upon the footway. Such installation may be made provided such posts: 92
(a) extend 42 inches above the footway grade, and 2 feet below such grades;
(b) are centered not more than 10 feet apart;
(c) are centered on a line parallel with the curb lines 18 inches back of the face of the curb; except on sidewalks eight (8) feet in width or less, posts shall be centered on a line parallel with the curb lines twelve (12) inches back of the face of the curb and in no event shall be installed in front of existing steps;
(d) have an inside diameter of six (6) inches, are filled with concrete and have a metal cap; except on residential streets with sidewalks eight (8) feet in width or less, posts shall have an inside diameter of four (4) inches, be filled with concrete and have a metal cap;
(e) are not set within 2 feet of any inlet or manhole; and
(f) are installed in accordance with any regulations issued by the Department of Streets.
(9) Wheelchair Elevators. 93
(a) Permits.
(.1) No person may install any device as defined in subsection 11-601(11) 94 in or upon any sidewalk within the City of Philadelphia unless a permit has been obtained from the Department of Licenses and Inspections with the approval of the Department of Streets for such a period of time as they may deem necessary and reasonable.
(.2) The Department of Licenses and Inspections shall make regulations governing the erection and maintenance of wheelchair elevators, designed to ensure that all such elevators will be:
(.a) structurally safe;
(.b) not obstructive of pedestrian or other travel;
(.c) consistent with public safety;
(.d) in conformity with the general requirements of the Zoning Code, Housing Code, Building Code, Streets Department, Electrical Code and Fire Code.
(.3) No permit to erect or maintain wheelchair elevators shall be granted in the City unless:
(.a) the provisions of this Section and the regulations of the Department of Licenses and Inspections have been complied with; and
(.b) the Art Commission has approved the wheelchair elevator.
(b) Duties and Obligations.
(.1) The Grantee shall, at his own cost or expense, maintain and perform all necessary repairs to the device to ensure its safe operation.
(.2) The Grantee shall repair all damage resulting from the installation of any such device, including damage to the footway, base course and all other existing appurtenances.
(.3) The Grantee shall furnish liability insurance against any damage to property and any injury or claims for injury (including death) to any person or persons arising out of the installation, operation, maintenance, repair, construction and removal of any such device. All insurance shall be in form, content and amount satisfactory to the City Solicitor and shall name the City of Philadelphia as a named insured. All such policies of insurance shall be endorsed to provide at least ten (10) days' written notice to the City by the insurance carrier prior to any change in or cancellation of the policies. Evidence of such insurance must be presented to the City prior to the issuance of any permit.
(10) Electric Vehicle Chargers. 95
(a) Permits.
(.1) No person may install any device as defined in subsection 11-601(8) in or upon any sidewalk within the City of Philadelphia unless a permit has been obtained from the Department of Licenses and Inspections with the approval of the Department of Streets for such a period of time as they may deem necessary and reasonable.
(.2) The Department of Licenses and Inspections shall make regulations governing the erection and maintenance of electric vehicle chargers, designed to ensure that all such electric vehicle chargers will be:
(.a) structurally safe;
(.b) not obstructive of pedestrian or other travel;
(.c) consistent with public safety;
(.d) in conformity with the general requirements of the Zoning Code, Housing Code, Building Code, Streets Department, Electrical Code and Fire Code.
(.3) No permit to erect or maintain an electric vehicle charger shall be granted in the City unless:
(.a) the provisions of this Section and the regulations of the Department of Licenses and Inspections have been complied with; and
(.b) the Art Commission has approved the electric vehicle charger.
(b) Duties and Obligations.
(.1) The Grantee shall, at his own cost or expense, maintain and perform all necessary repairs to the electric vehicle charger to ensure its safe operation.
(.2) The Grantee shall repair all damage resulting from the installation of any such electric vehicle charger, including damage to the footway, base course and all other existing appurtenances.
(.3) The Grantee shall furnish liability insurance against any damage to property and any injury or claims for injury (including death) to any person or persons arising out of the installation, operation, maintenance, repair, construction and removal of any such electric vehicle charger. All insurance shall be in form, content and amount satisfactory to the City Solicitor and shall name the City of Philadelphia as a named insured. All such policies of insurance shall be endorsed to provide at least ten (10) days' written notice to the City by the insurance carrier prior to any change in or cancellation of the policies. Evidence of such insurance must be presented to the City prior to the issuance of any permit.
(.4) Removal.
(.a) The Department of Streets may direct removal of an electric vehicle charger at any time for any of the following reasons:
(i) The electric vehicle charger presents a safety hazard of any kind;
(ii) The electric vehicle charger unduly disrupts pedestrian or vehicular traffic in the area;
(iii) The electric vehicle charger creates a public nuisance;
(iv) The permitee has repeat violations of the terms of its permit; or
(v) Removal of the electric vehicle charger is necessary in order to perform construction, maintenance, repairs, or other work in any portion of the right-of-way, or any abutting property.
(.b) Upon the expiration and non-renewal of a electric vehicle charger permit, or upon the direction of the Department of Streets, the permitee shall be responsible for promptly removing the electric vehicle charger and for restoring the area to its former condition. If a permitee fails to comply as directed, in addition to any other remedy authorized by this Chapter, the Department of Streets is authorized to abate the violation by removing the electric vehicle charger from the area and restoring the area to its original condition. The permitee shall be liable for the costs of such removal and restoration, including administrative costs, and the Law Department may take action to collect such costs by lien or any other method permitted by law.
(11) The Department of Streets and the Department of Licenses and Inspections may issue regulations as to the extent of the encroachments upon and obstructions of the streets for the protection or facilitation of pedestrian traffic, but encroachments upon or obstructions of the streets greater than those specified in this Section shall not be permitted. 96
Notes
| 85 | Added and subsequent subsections renumbered, Bill No. 100312 (approved June 23, 2010). |
| 86 | Source: 1864 Ordinances, p. 357, § 11, revised; amended, 1966 Ordinances, p. 572. |
| 87 | Source: 1864 Ordinances, p. 357, § 10; 1886 Ordinances, p. 104; 1891 Ordinances, p. 89. |
| 88 | Source: 1864 Ordinances, p. 357, § 11. |
| 89 | Source: New. |
| 90 | Source: 1906 Ordinances, p. 22. |
| 91 | Source: New. |
| 92 | Amended, 1961 Ordinances, p. 945; amended, 1965 Ordinances, p. 1183. |
| 93 | Added, 1981 Ordinances, p. 895. |
| 94 | |
| 95 | Added, Bill No. 170311 (approved May 22, 2017). |
| 96 | Added, 1966 Ordinances, p. 572; amended, 1981 Ordinances, p. 895; renumbered, Bill No. 170311 (approved May 22, 2017). |
| 97 | Added, Bill No. 170820 (approved December 12, 2017). |