Philadelphia Code § 11-301 Street Improvements.
§ 11-301. Street Improvements.
(1) The Board of Surveyors shall adopt and keep on file plans and cross-sections of streets showing the locations and widths of sidewalks, roadways, and planting spaces.
(2) No improvement of any kind, for which a location is shown upon such plans and cross-sections, or upon the plans filed as provided for in subsections 11-301(4) and 11-301(6), shall be made in any street except in the location so provided, and no persons shall place any such improvements in any street without first obtaining the location and the lines and grades from the district surveyor and regulator. 24
(3) If the owner of a property fails to conform to such plans in the setting of a curb, the laying of sidewalks, or the making of other improvements, for the cost of which the owner is liable, the Department of Streets shall notify the owner to reconstruct the improvements in accordance with the approved plan within 30 days. If the notice is not complied with, the improvement shall be reconstructed by the Department of Streets, itself or by contract, and the cost charged against the abutting property and collected by the City, or by the contractor as provided in Chapter 11-500.
(4) Whenever any street is to be improved and in the judgment of the Board of Surveyors a temporary reduction in the width of said roadway is desirable, a plan shall be prepared showing the proposed widths and locations of roadways, sidewalks, and other surface improvements, including divisor's or median strips, in accordance with a standard cross-section for a street of that width on file with the Board. This plan, upon approval by the Board of Surveyors, shall be filed as a supplement to the records of the confirmed plan, and the new plan shall be followed in making all street improvements.
(5) Whenever, because of an increase in traffic, the roadway of any street previously improved under a supplementary plan as provided in subsection 11-301(4) shall be required to a greater width than that shown on the supplementary plan, the Board of Surveyors may by resolution direct that the said roadway be widened to the lines as originally confirmed. The date of the resolution shall be placed upon the plan, and as soon as practicable thereafter the Department of Streets shall regrade, reset, curb, pave, or repave, and rebuild inlets on the confirmed lines in accordance with the provisions of Chapter 11-500.
(6) Whenever any existing, improved street is to be wholly or partly reconstructed and it is desirable to relocate the curbline(s) and change the roadway width of the street or to make minor adjustments to the grades of the street, in order to facilitate traffic or pedestrian movement, increase compliance with accessibility guidelines and/or the Complete Streets Policy (Chapter 11-900), 25 or improve drainage and/or stormwater management, a plan showing the new widths, locations, and grades of the roadway, curbs, and other surface improvements shall be prepared and submitted to the Board of Surveyors for approval, provided the proposed changes have been reviewed and approved by the Department of Streets and reviewed by the City Planning Commission and will maintain traffic safety, provide sufficient sidewalk widths for pedestrian use, and will not affect the abutting houseline(s). This plan, upon approval by the Board, shall be filed as a supplement to the confirmed plan, and the curblines and grades shown thereon shall not be altered by any subsequent construction or reconstruction unless the plans for such alterations have been submitted to and approved by the Department of Streets. 26
(a) Whenever any such proposed relocation of curblines and change in roadway widths and/or grades as provided for in this subsection (6) is proposed by a private party or parties and reviewed by the Department of Streets, the Department may, as a condition of approval, require the filing of an agreement by the party in interest to provide that the party in interest shall be responsible, at his or her sole cost and expense, for maintaining the roadway and sidewalk paving within the affected area in good repair and shall indemnify the City from and against all damages or claims for damages which may arise directly or indirectly as a result of the requested curbline and roadway width changes. 27
(b) Whenever an application is made to the Department of Streets by a private party or parties for the relocation of curblines and changes in roadway widths and/or grades as provided in this subsection (6) and the proposed curbline changes extend beyond the frontage of the property or properties owned or controlled by the party in interest, affecting the property of other owners, the party in interest shall provide evidence to the Department that the said other affected owner(s) have been informed of and are in support of the proposed changes. 28
Notes
23 | Source: 1915 Ordinances, p. 401.
24 | Amended, Bill No. 150353 (approved June 2, 2015).
25 | Enrolled bill read "§ 11-900".
26 | Added, Bill No. 030393 (approved July 31, 2003); amended, Bill No. 090749 (approved January 13, 2010), effective February 12, 2010; amended, Bill No. 150353 (approved June 2, 2015).
27 | Added and former subsection (7) deleted, Bill No. 090749 (approved January 13, 2010), effective February 12, 2010; amended, Bill No. 150353 (approved June 2, 2015).
28 | Added, Bill No. 150353 (approved June 2, 2015).