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(1) Construction materials used in connection with the construction or repair of a building, footway or other structure may be temporarily stored upon the roadway if a permit to do so has been obtained.
(2) The permit shall be issued by the Department of Streets for such period of time as the Department deems necessary and reasonable. 102
(3) The permit shall be displayed at all times in a conspicuous place on the occupied highway.
(4) The following fees shall be charged for each permit and for each extension: 103
(a) Unpaved Streets. Fifteen dollars ($15) for each building frontage of 40 feet or less, per month or part thereof;
(b) Paved Streets. Thirty dollars ($30) for each building frontage of 40 feet or less, per month or part thereof; or
(c) Such other amount or amounts as the Department may establish by regulation. 104
(5) The occupied area shall not exceed the frontage of the premises to be built upon or repaired; except that if written permission is obtained from the adjoining property owners and the space is for storage of materials for use in reconstruction, an additional 30 feet may be occupied on each side of the building frontage for which the permit is granted.
(6) The breadth of the occupied area shall not exceed 9 feet.
(7) The height of the occupied area shall not exceed 13 feet.
(8) The construction materials may extend 1 foot inside the curb line, but a gutter 15 inches wide and 12 inches high shall be left along the curb, with a clean cut transverse opening, 12 by 18 inches, every 25 feet of length.
(9) A passageway shall at all times be left between the stored materials and the opposite curb, sufficient for the passage of vehicles of at least 20 feet, as determined by the Department of Streets.
(10) No materials, structures or other obstructions shall be placed within 15 feet of any fire hydrant or within 25 feet of highway intersection or crossing, or within 2-1/2 feet of any railway track, or across any footway.
(11) No old materials, rubbish or dirt shall be stored on highways, except when used in construction or repair operations.
(12) No construction materials may be stored upon any street within the area bounded by Spring Garden Street, the Delaware River, South Street, and the Schuylkill River, including both sides of the boundary streets, and on Broad Street between Lehigh Avenue and Washington Avenue, or upon any street which is part of the Classified Street System.
(13) No construction materials shall be stored on the streets when the construction or repair work is sufficiently advanced so that occupancy of the streets is unnecessary.
(14) Between sundown and sunrise, red lights shall be placed at the outer edges of the occupied areas at intervals of not more than 30 feet.
(15) The construction materials shall be stored so as to prevent dangers to pedestrian or vehicular traffic.
(16) The occupied area and the areas adjacent thereto shall be maintained in a condition satisfactory to the Department of Licenses and Inspections, including prompt removal of all dirt, sweepings, waste materials, rubbish or other debris produced or accumulated, and sprinkling of the occupied area and adjacent areas to eliminate dust resulting from the storage of materials, and in a condition satisfactory to the Department of Streets and the Police Department so as not to interfere with the movement of traffic.
Notes
| 101 | Source: 1917 Ordinances, p. 263, as amended by 1935 Ordinances, p. 238; 1950 Ordinances, p. 651; 1951 Ordinances, p. 213. |
| 102 | Amended, Bill No. 080164 (approved June 4, 2008). |
| 103 | Amended, 1963 Ordinances, p. 132; amended, 1973 Ordinances, p. 902. |
| 104 | Added, Bill No. 080163 (approved June 4, 2008). |
(1) Broad Street. No bulk window, cellar door, coping, enclosure wall, fence, platform, railing, step, terrace, or other obstruction to pedestrian travel, shall be erected or maintained beyond the street line, nor may any portion of the footway be occupied, on Broad Street, from Oregon Avenue to Cheltenham Avenue, except that portion of Broad Street between Fisher's Avenue and Olney Avenue, and the east side of Broad Street, between Spruce Street and Lombard Street. 106
(2) Center City. 107 No cellar door or entrance, coping, fence, platform, railing, step, storm door, or other obstruction to pedestrian travel, shall be erected or maintained beyond the street line in the area between the Delaware River and the Schuylkill River, Vine Street and Spruce Street, including both sides of the boundary streets, except that the Department of Licenses and Inspections may allow the maintenance or construction of cellar entrances covered with flush iron cellar doors extending not more than 4 feet 6 inches beyond the building line if, in the opinion of the Department of Streets, they will not interfere with pedestrian travel.
(3) Intersections and Corners. No shade tree, telegraph pole or other obstruction shall be erected or maintained upon the sidewalks within 15 feet of the street line of an intersecting street, unless approved by the Department of Streets. 108
Notes
| 105 | Source: 1921 Ordinances, p. 63; 1924 Ordinances, p. 424; 1954 Ordinances, p. 54. |
| 106 | Amended, 1956 Ordinances, p. 533. |
| 107 | Source: 1912 Ordinances, p. 232; 1931 Ordinances, p. 121. |
| 108 | Source: 1882 Ordinances, p. 281. |
(1) Chestnut Street. 109 No new building shall be erected and no existing building shall be rebuilt or its front altered or its height increased, on Chestnut Street between the Delaware River and the Schuylkill River, without making it conform to the lines on the City Plan.
(2) Walnut Street. 110 No new building shall be erected and no existing building shall be rebuilt or its front altered or its height increased, on Walnut Street from Sixth to Twenty-second Street, without making it conform to the lines on the City Plan.
Notes
| 109 | Source: 1884 Ordinances, p. 54. |
| 110 | Source: 1892 Ordinances, p. 309, as amended; 1893 Ordinances, p. 556. |
(1) Areaways. No areaway shall be constructed unless:
(a) a building permit has been obtained;
(b) it is covered with fixed iron gratings and is not enclosed by a railing;
(c) it does not project beyond the street line more than one-quarter of the width of the sidewalk, nor more than 3 feet in any case, provided that notwithstanding any restriction in this subsection 11-608(1)(c), an areaway may extend as far beyond the street line as may be required in order to comply with the applicable utility provider's requirements. 112
(2) Coal Holes. No coal hole shall be constructed unless:
(a) a building permit has been obtained;
(b) the outside edge of the frame of the coal hole does not project more than 3 feet beyond the street line.
(3) Footings.
(a) No footings of walls and piers shall project beyond the street line on streets used or proposed to be used for subways, elevated railways or other public improvements necessitating use of the bed of the street.
(b) On streets other than those in subsection 11-608(3)(a), the Department of Licenses and Inspections may allow a projection of not more than 3 feet if a building permit has been obtained.
(.1) Such a building permit shall be conditioned upon and shall contain the express provision that, in the event of any future public improvements necessitating the reclaiming of the bed of the street, the footing shall be removed by the permittee at his expense. 113
(a) No vault shall be dug within street lines unless a permit has been obtained from the Department of Licenses and Inspections.
(b) No permit for digging and constructing a vault within street lines shall be granted unless the proposed vault conforms to the provisions of this Section and to the regulations of the Department of Streets.
(c) The Department of Streets may promulgate regulations governing the digging and construction of vaults within street lines.
(d) No vault shall extend beyond the curb line and the outside top shall not be less than 4 feet below the established grade of the sidewalk above the vault. 115
(e) The owners of the sidewalk under which a vault is to be dug shall enclose all fire plugs located on the premises so as to give them sufficient support and protect them from freezing. In case of injury to the fire plug caused by lack of proper precautions, the owner of the premises shall be responsible for all damages. 116
(f) The fee for a permit to dig and construct a vault is five dollars ($5.00) per front foot for vaults built 3 feet or more from the curb line and twenty-five dollars ($25) per front foot for vaults built less than 3 feet from the curb line.
(a) License.
(.1) No person may make any opening into pedestrian concourses from properties which abut or are adjacent to the concourse unless a license has been obtained from the Department of Licenses and Inspections.
(.2) No license for an opening into the concourse shall be granted unless the proposed opening conforms to the requirements of this Section, regulations of the Department of Public Property and the Department of Streets, and all other ordinances or regulations of the City.
(.3) The license fee for constructing an opening into the concourse shall be one hundred dollars ($100).
(b) Duties and Obligations.
(.1) Licensee may use the opening for the pedestrian ingress and egress but not for the handling or receipt of fuel, merchandise in bulk, ashes or waste of any kind nor for any other purpose not specifically authorized.
(.2) Licensee shall, at his sole cost and expense, illuminate, maintain and perform all necessary repairs to the opening.
(.3) Licensee may construct and maintain show windows, doors and other display openings into the concourse. All plans and specifications for construction shall be submitted for written approval or disapproval of the Commissioner of Public Property prior to the issuance of a building permit to do the work. All show windows, doors and other display openings shall be kept clean, in good order and repair.
(.4) Licensee shall repair all damage resulting from the construction of the opening into the existing concourse structures, underground City utilities, concrete footway and base course, and all other existing appurtenances.
(.5) Licensee shall furnish public liability insurance against any damage or claims for damage arising out of the operation, maintenance, repair and construction of any windows, doors and other display openings into the concourse. All insurance shall be in form, content and amount satisfactory to the City Solicitor and shall name the City as a named insured.
(.6) The Commissioner of Public Property and the Streets Commissioner may decide in their sole judgment to terminate the license because the opening is contrary to the public interest or that licensee has failed to comply with any requirements of this Section. Within ninety (90) days after written notice of this decision from the City, licensee shall close the opening in the concourse and restore the concourse to its original condition.
(.7) No authorization granted under this ordinance shall be effective until the licensee enters into an agreement to comply with the terms of this ordinance, together with a bond with corporate surety in an amount determined by the City Solicitor to secure performance of the conditions of his license.
Notes
| 111 | Source: 1864 Ordinances, p. 357, § 12. |
| 112 | Amended, Bill No. 180566 (approved October 17, 2018). |
| 113 | Source: 1949 Ordinances, p. 238, § 1621; 1919 Ordinances, p. 73. |
| 114 | Source: 1855 Ordinances, p. 246, as amended. |
| 115 | Source: 1902 Ordinances, p. 76. |
| 116 | Source: 1866 Ordinances, p. 37. |
| 117 | Added, 1967 Ordinances, p. 1325. |
(a) Every applicant for a permit, other than a building permit, required by this Chapter shall, before the permit is granted, bind himself to comply with the terms of the permit and with all laws, ordinances and regulations governing the activity for which the permit is sought, and to indemnify the City from any liability which it may incur by granting the permit.
(b) Every applicant for a permit shall also file a continuing bond in the amount fixed by the Department of Licenses and Inspections and in the form specified by the Law Department.
(2) Enforcement.
(a) Except as provided in subsection 11-609(2)(c), whenever any structure, fixture, excavation, obstruction or projection is erected or maintained in violation of the provisions of this Chapter or of the regulations promulgated hereunder, the Department of Licenses and Inspections shall serve a written notice of violation upon the violator, directing compliance within a reasonable period set by the Department, but not less than 15 days.
(b) If a violation of this Chapter results in peril to persons or property, the Department of Licenses and Inspections may require immediate compliance. If the violation is not immediately remedied, the appropriate department, as provided in subsections 11-609(2)(c) and (d), may without notice and in addition to invoking any other sanction or remedial procedure:
(.1) itself or by contract correct the violation, collecting the costs and disposing of salvage materials in accordance with subsection 11-609(2)(f);
(.2) with the approval of the Law Department, apply to any appropriate court for an injunction or restraining order.
(c) After the expiration of the time for compliance in the notice of violation, if the violation has not been corrected and no appeal is pending, the Department of Licenses and Inspections may itself or by contract remove the violating structure, fixture, obstruction or projection, or bring it into compliance if in the opinion of the Department of Licenses and Inspections this is less expensive.
(d) If the violation is of Section 11-608, the Department of Streets may perform the necessary work, including the filling up of excavations and replacement of sidewalk.
(e) The costs incurred by the Department of Streets or the Department of Licenses and Inspections shall be charged against the owner of the property regarding which the violation occurred, and the Law Department shall collect these costs, by lien or otherwise.
(.1) No permit for any similar structure, fixture, excavation, obstruction or projection at the location shall be granted until the costs have been paid.
(f) The department concerned may in its discretion return to the owner any materials salvaged, upon his payment of the costs of removal and any other costs incurred in retaining and returning the material. 120
(3) Penalties. In addition to any other sanctions or remedial procedure, the penalty for violation of any of the provisions of this Chapter shall be a fine of not more than three hundred dollars ($300) for each offense, and an additional fine of not more than one hundred dollars ($100) for each day the violation continues after the expiration of the time allowed for compliance, except that for any violation of Section 11-610 that involves a construction dumpster, the penalty shall be a fine of at least three hundred dollars ($300) and no more than one thousand five hundred dollars ($1,500) for each offense and for each day the violation continues. 121
(4) A violator of this Chapter shall be subject to such equitable remedies as a court may determine appropriate. 122
(5) Upon certification by the Department of Streets of adoption of an electronically-based notification system for immediate notification of the City's determination of violations, notices of violation of Section 11-610 served upon those who have provided an electronic address for notification purposes shall be served by such electronic means. 123
Notes
| 118 | Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081. |
| 119 | Source: 1900 Ordinances, p. 75. |
| 120 | Source: 1887 Ordinances, p. 215. |
| 121 | Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; amended, Bill No. 090123-AAA (approved October 21, 2009), effective July 1, 2010. |
| 122 | Added, Bill No. 090123-AAA (approved October 21, 2009), effective July 1, 2010. |
| 123 | Added, Bill No. 090123-AAA (approved October 21, 2009), effective July 1, 2010. |
(1) Definitions.
(a) The term construction equipment shall mean any construction dumpster, trailer, fencing, scaffolding, boom or lift, shelter platform or any other similar piece of equipment or machinery used in connection with any demolition, construction, cleaning, painting, building repair or similar process. It shall not include a motor vehicle licensed under the Pennsylvania Motor Vehicle Code.
(b) The term construction dumpster shall mean any container larger than a household trash can designed for the storage of any manner of waste, refuse or debris, not including any dumpster licensed pursuant to Section 10-722 or any other provision of this Code, used in connection with any demolition, construction, cleaning, painting, building repair or similar process and serviced by a private waste hauler. 125
(2) No person shall place or maintain on private property or in the public right-of-way, or lease for the purpose of placement on private property or in the public right-of-way, a construction dumpster for any purpose unless a construction dumpster license specifically applicable to such dumpster has been issued by the Department of Licenses and Inspections. 126
(3) The owner of a construction dumpster shall obtain such a license by providing the Department of Licenses and Inspections with identifying information regarding the dumpster and any additional information required by the Department by regulation. The annual fee for such license is seventy-five dollars ($75) per construction dumpster. The Department, upon issuing the license, shall also issue to the licensee a medallion that uses UHF radio frequency technology, or such other technology approved by the Department by regulation, to electronically transmit: (1) the license number; (2) the name and telephone number of the licensee; and (3) such other information as the Department requires. When the owner has obtained a "fleet license" pursuant to regulations established by the Department of Streets, the Department shall issue multiple medallions pursuant to the terms of the regulations, provided that the fee for a fleet license shall be seventy-five dollars ($75). 127
(a) The Department of Licenses and Inspections may by regulation revise the license fee amounts of this subsection (3) to cover costs of program administration, 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. 127.1
(4) No person, including the owner of the equipment, shall place, maintain, or cause to be placed any construction equipment, including any construction dumpster, in the public right-of-way unless a permit has been obtained from the Department of Streets valid for such time period as determined by the Department of Streets. The Department of Streets is authorized to promulgate regulations governing the terms and conditions for the issuance of such permits, which may provide for fees for the issuance of such permits. 128
(5) No person, including the owner of the equipment, shall place, maintain, or cause to be placed any construction equipment, including any construction dumpster, in the public right-of-way unless reflectors or similar devices designed to notify or warn drivers and pedestrians of the presence of such equipment have been affixed to the equipment. The Department of Streets shall promulgate regulations governing the size and format of such devices.
(a) Duties of Licensee. A licensee shall:
(.1) provide the Department of Streets with notification of placement of any construction equipment in the right-of-way, including provision of the corresponding right-of-way permit number, within one hour of such placement, through web-based electronic notification or such other manner as shall be established by the Department by regulation;
(.2) not place a construction dumpster in service unless the dumpster is licensed and has a validly issued medallion affixed to it. The licensee shall obtain a replacement medallion for a non-working medallion, which shall be affixed to the dumpster, before the dumpster is put back in use. Medallions issued to replace a lost medallion or a medallion that has ceased to function shall be issued at a fee, as determined by the Department of Licenses and Inspections by regulation, necessary to compensate the Department for the cost of producing and issuing the replacement medallion;
(.3) maintain the construction dumpster free of graffiti; and 130
(.4) maintain the construction dumpster in good repair, including by maintaining the paint of any painted dumpster in good condition.
(b) Duties of Dumpster User. A construction dumpster user shall:
(.1) keep the area around the dumpster clean and free of any refuse or overflow;
(.2) comply with regulations applicable to covering the dumpster when not in use; and
(.3) report the absence of a medallion, or significant damage to a medallion suggesting the medallion is inoperable, to the Department of Licenses and Inspections.
(7) The Department of Streets may provide exemptions from the permitting requirement of this Section to construction equipment placed in a protected construction site in connection with which a contractor has received a general permit to close the right-of-way, as further defined by regulation. 131
(8) Notwithstanding the provisions of subsection 11-609(2)(a), a notice of violation written in connection with this Section may direct immediate compliance with this Section. In addition to any other form of service permissible under this Code, service of notice of such violation is satisfied by posting on the construction equipment in violation of this Section. The City may seize any construction dumpster located in the public right-of-way that is not validly licensed and permitted under this Section. If the owner of such dumpster can be identified and appropriate contact information is readily available, 24 hours notice of intent to seize the dumpster shall be provided before seizure. Such dumpster shall be returned to the owner upon payment of: (i) the costs incurred by the City in seizing, transporting and storing the dumpster; and (ii) payment of a fine of one thousand five hundred dollars ($1,500), provided that the owner shall be entitled to recovery of the dumpster pursuant to the procedures set forth in Code Section 12-2406. 132
(9) A licensee under this Section shall be subject to license revocation, and shall be ineligible for renewal of a license, if such licensee has been ordered to pay a fine or fines in an amount of three hundred dollars ($300) or more and such fines remain unpaid more than 10 days after all appeals from such order have been exhausted. 133
Notes
| 124 | Added, Bill No. 020385 (approved May 29, 2003). |
| 125 | Amended, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 126 | Amended, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 127 | Amended, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 127.1 | Added, Bill No. 240430 (approved January 15, 2025). |
| 128 | Amended, Bill No. 080163 (approved June 4, 2008). |
| 129 | Added, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009, except that subsections 11-610(6)(a)(.2) and 11-610(6)(b)(.3) shall be effective July 1, 2010, all pursuant to Section 5 of Bill No. 090123-AAA. |
| 130 | Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015. |
| 131 | Renumbered, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 132 | Renumbered and amended, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. |
| 133 | Added, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009. Enrolled bill read, "...and shall ineligible...."; revised by Code editor. |
(1) No roadway or sidewalk shall be blocked or closed for the purposes of loading or unloading, building maintenance or other related activities unless a permit has been obtained from the Department pursuant to standards adopted by the Department by regulation.
(2) The Department of Streets is authorized to charge fees for permits provided for in this Section, which fees shall be established by the Department by regulation.
(3) A permit shall be valid for a period not to exceed 90 days for a sidewalk closure and 180 days for a roadway lane closure.
(4) The Department of Streets is authorized to promulgate regulations requiring a permit applicant to submit reports, analyses or similar documentation to justify the need for sidewalk and roadway closures.
Notes
| 134 | Added, Bill No. 080164 (approved June 4, 2008). Section 2 of Bill No. 080164 provides: "The prohibitions of Section 11-611 of the Code added by this Ordinance shall be effective upon the adoption of regulations of the Streets Department referenced in that provision." The referenced regulations were adopted August 27, 2008. |
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