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(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. |
(1) Notwithstanding any other provision of this Code to the contrary, no permit that authorizes the temporary closure of a sidewalk or roadway lane, whether issued pursuant to any provision of this Code or any regulation promulgated under this Code, shall be issued unless such permit includes the following conditions:
(a) No vehicle may park, stop or stand in any sidewalk or roadway lane that has been closed, other than vehicles in the process of loading or unloading materials, equipment or supplies, or which are otherwise required for the activity for which the permit has been obtained. A vehicle used to transport contractors or their employees or any other persons to or from the location of the closure shall not be considered to be a vehicle required for such activity.
(b) The permit shall be valid for a period not to exceed one year from the date it was issued, provided: (i) the permit may be renewed for additional periods not to exceed one year upon a showing that continued closure is necessary to complete the activity for which the permit was obtained; and (ii) the Department may at any time order the immediate reopening of any sidewalk or roadway lane that has been temporarily closed if the Department finds that the closure is no longer necessary for the activity for which the permit was issued, even if the permit has not yet expired. 136
(c) Copies of the permit shall be posted at the site during the entire time of the closure at such locations and in such manner as the Department specifies, so as to permit public inspection of such permit. 137
(2) The Department shall not issue any permit authorizing the closure of any sidewalk, or portion of a sidewalk, under the provisions of this Title 11, any regulation promulgated under this Title, or any other authority, without first making a written determination that a covered walkway in compliance with Title 4 is impracticable in the circumstances, and, if so, whether a protected walkway can be established that will adequately protect public safety and not unduly impact traffic safety. If a permit application seeks closure of a sidewalk that will extend beyond one week, then the permit application must be accompanied by an analysis prepared by an engineer licensed by the Commonwealth of Pennsylvania concluding whether a covered walkway in compliance with Title 4 is practicable in the circumstances, and, if not, whether a protected walkway can be established that will adequately protect public safety and not unduly impact traffic safety. The Department shall consider such analysis before making its own written determination. 138
(3) In addition to any requirements of this Section, the Department shall issue regulations addressing signage, barriers, and other means to create safe and adequate walkways, closures and sidewalk detours. 139
(4) Closing a sidewalk for a period of more than twenty-four (24) hours without first obtaining a sidewalk closure permit from the Department shall result in the issuance of a Stop Work Order. 140
(a) In addition to any State or Federal sign regulations, a sign noting that a sidewalk is closed shall be posted at all sites where a permit has been issued to close a sidewalk. The signs shall be posted at each end where the sidewalk has been closed to pedestrians.
(b) It shall be the responsibility of the sidewalk closure permit applicant to print and post the signs required by this Section.
(c) The signs required by this Section shall printed on paper no smaller than 11 inches x 17 inches, and all writing on the sign shall be easily readable. The sign shall contain at least the following information:
(.1) A title line stating "SIDEWALK CLOSED" and the specific date when the permit expires;
(.2) The name or corporate name, physical address, and telephone number of the contractor or sidewalk closure permit applicant;
(.3) A statement, in both English and Spanish printed as follows: "TO ANONYMOUSLY REPORT UNSAFE CONDITIONS AT THIS SITE, CALL 311 or 911"; and
(.4) A statement printed as follows: "To see other permits issued on this property, call 311 or visit www.phila.gov".
(d) For construction or demolition of Major Buildings as defined in Section A-1001.1 of Subcode "A" (The Philadelphia Administrative Code) of Title 4 (The Philadelphia Building and Occupancy Code), the applicant may fulfill the sign requirements of this Section by posting the date on which the sidewalk closure permit expires on the Project Information Panel Sign For Major Buildings as provided in Section A-1001.7.2 of Subcode "A" of Title 4.
(e) Any person who fails to post a sign required by this Section shall be in violation of The Philadelphia Code and shall receive a fine of one hundred fifty dollars ($150). Each day this condition exists shall be considered a separate violation for the purposes of this Section.
Notes
| 135 | |
| 136 | Amended, Bill No. 080623 (approved December 22, 2008). |
| 137 | Added, Bill No. 080623 (approved December 22, 2008). |
| 138 | |
| 139 | |
| 140 | |
| 141 | Added, Bill No. 140513 (approved December 3, 2014), effective January 1, 2015. |
(1) The Department of Licenses and Inspections, upon recommendation of the Department of Streets, is authorized to issue permits allowing the temporary closure of roadway lanes for the purposes of construction and maintenance of Pedestrian Enhancement in the right-of-way, subject to the requirements of this Section. Such temporary street closure permits shall be known as Pedestrian Enhancement Permits.
(2) Application for Pedestrian Enhancement Permit. An application for a Pedestrian Enhancement Permit shall include:
(a) a detailed plan that clearly illustrates the location and design of the proposed Pedestrian Enhancement. The plan shall include the type, design, and placement of any furnishings, such as, but not limited to, tables, chairs, planters, bicycle racks, and recreational equipment.
(b) an explanation of how the Pedestrian Enhancement meets the criteria set forth in subsection 11-613(3).
(3) Safety and Suitability Criteria for Issuance of Pedestrian Enhancement Permit.
(a) No Pedestrian Enhancement Permit shall be approved unless it meets all of the following requirements. The Pedestrian Enhancement:
(.1) will not cause a safety hazard. In the case of pedestrian plazas and parklets, the Pedestrian Enhancement shall be shielded from motor vehicles so as to provide adequate protection to occupants of the Pedestrian Enhancement;
(.2) will not cause undue motor vehicle traffic congestion in the surrounding area;
(.3) has support, in writing, from two-thirds (2/3) of the owners and commercial tenants of properties abutting the Pedestrian Enhancement if there are three or fewer abutting properties, and three-fourths (3/4) of the owners and commercial tenants of properties abutting the Pedestrian Enhancement if there are four or more abutting properties. In the case of a condominium established pursuant to 68 Pa. C.S. §§ 3101 et seq., or cooperative established pursuant to 68 Pa. C.S. §§ 4101 et seq., written support from the owner's association or cooperative association shall constitute support of the owner of such property.
(.4) has substantial support from non-abutting property owners and commercial tenants in the surrounding area;
(.5) is removable by the permitee;
(.6) is, in the discretion of the Department of Streets, suitable to the site, based on regulations as may be adopted by the Department; and
(.7) meets such other requirements with respect to location, design, function, and use as the Department of Streets may specify by regulation.
(4) Other Conditions of Permit.
(a) A Pedestrian Enhancement Permit shall be valid for one year, provided however that the permit shall be renewed for up to two additional terms of one year each upon a showing that the Pedestrian Enhancement is being maintained for its intended purpose and payment of the yearly permit fee. At its sole discretion, the Department of Streets may direct that the permit be issued for a shorter period in a particular case.
(b) A fee for such permit may be established by regulation.
(c) The Department of Streets may impose any condition on a Pedestrian Enhancement Permit that it finds necessary or desirable based on safety or suitability of the proposed Pedestrian Enhancement, including restrictions on the times of day during which the Pedestrian Enhancement may be occupied, and require the permitee to post such restrictions.
(5) Indemnification and Insurance; Bond.
(a) Indemnification. The permitee shall agree in writing in a form satisfactory to the City Solicitor to indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss resulting from injury to, or death, to persons or damage to property arising out of, resulting from, or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such Pedestrian Enhancement, or by the acts or omissions of the permitee, or its agents, members, contractors, subcontractors, employees or invitees in connection with such Pedestrian Enhancement. The permitee shall also agree to release the City from any and all claims relating to its Pedestrian Enhancement, including, but not limited to, loss of business or value of the Pedestrian Enhancement when it is ordered removed or when street, sidewalk or utility construction occurs.
(b) Insurance. The permitee shall agree to procure and maintain in full force and effect, at the permitee's sole cost and expense, the types and amounts of insurance required by the Office of Risk Management, throughout the term of the permit. As a condition of obtaining and maintaining a permit, the permitee shall annually provide a Certificate of Insurance evidencing proof of the required insurance. Failure to maintain the necessary insurance, or to submit a Certificate of Insurance is cause for revocation or non-renewal of the permit.
(c) Notwithstanding any provision of subsection 11-609(1), no continuing bond shall be required in conjunction with Pedestrian Enhancement Permits.
(6) Maintenance and Operation.
(a) The permitee shall be solely responsible for maintaining the Pedestrian Enhancement in neat, clean, and sanitary condition; and for maintaining and repairing any furnishings or amenities in the Pedestrian Enhancement. The permitee shall be responsible for maintaining the Pedestrian Enhancement in accordance with the terms of its permit and all applicable law.
(b) Neither the permitee nor any other person or business may provide food, drink, or any other good or service to any person in a Pedestrian Enhancement for consideration; provided this restriction shall not prohibit a person from bringing food, drink, or other goods into a Pedestrian Enhancement for his or her own personal use.
(c) All Pedestrian Enhancements shall be open to the public.
(7) Removal of Enhancement.
(a) The Department of Streets may direct removal of a Pedestrian Enhancement at any time for any of the following reasons:
(.1) The Pedestrian Enhancement presents a safety hazard of any kind;
(.2) The Pedestrian Enhancement unduly disrupts pedestrian or vehicular traffic in the area;
(.3) The Pedestrian Enhancement creates a public nuisance;
(.4) The permitee has repeat violations of the terms of its permit; or
(.5) Removal of the Pedestrian Enhancement 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 Pedestrian Enhancement Permit, or upon the direction of the Department of Streets, the permitee shall be responsible for promptly removing the Pedestrian Enhancement 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 furniture or other property 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.
Notes
| 142 |
Subject to approval of the Art Commission, as required by the Charter, the Department is authorized, itself or by contract with such terms as the Department and the Law Department deem necessary to protect the interests of the City, to place wayfinding signs, meaning signs that identify, promote, and specify the direction to individual neighborhoods, landmarks and areas for parking, in any locations in the right-of-way it deems in the best interests of the City.
Notes
| 143 | Added, Bill No. 190462-A (approved July 24, 2019). |