7-C08 Streets and Sidewalks Ord April 2017 - 34 pages.pdf

Chapter 262. Streets and Sidewalks April 2017

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CHAPTER 262. STREETS AND SIDEWALKS

[HISTORY: Adopted by the City Council of the City of Lancaster as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Traffic Commission — See Ch. 22, Art. VII.

Bicycles — See Ch. 100.

Emergency Management – See Ch. 136.

Parking lots — See Ch. 202.

Sewers — See Ch. 249.

Skateboards — See Ch. 256.

Subdivision and land development — See Ch. 265.

Trees — See Ch. 273.

Utilities — See Ch. 279.

Vehicles and traffic — See Ch. 285.

Zoning — See Ch. 300.

Chapter 262. Streets and Sidewalks April 2017

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TABLE OF CONTENTS

Article I. General Provisions

§262-1. Title

§262-2. Purpose

§262-3. Authority and Applicability

§262-4. Effect of Chapter 262 On Prior Plans

§262-5. Severability

§262-6. Compatibility with Other Ordinance Requirements

§262-7. Waiver of Provisions

§ 262-8. Permit required; fee

§262-9. Reserved

§262-10. Revocation or Suspension of Permit

§262-11. Improvements Bond

§262-12. City Liability

§262-13. Enforcement

§262-14. Penalties

§262-15. Appeals

Article II. Definitions of Terms

§262-16. Interpretation and Word Usage

§ 262-17. Definitions

Article III. Snow Emergencies; Snow Emergency Routes

§ 262-18. When regulations effective

§ 262-19. Notice of declaration of snow emergency and termination

§ 262-20. Designation and marking of streets

§ 262-21. Parking and traffic restrictions and prohibitions; resumption of parking

§ 262-22. Snow removal

Article IV. Nuisances and Obstructions

§ 262-23. Cleaning snow and ice from sidewalks

§ 262-24. Placing nuisances on streets

§ 262-25. Deposit of refuse

§ 262-26. Sidewalk Obstructions

§ 262-27. Unlawful sidewalk structures a nuisance; removal

§ 262-28. Temporary Sidewalk Closure for building maintenance

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Article V. Curb and Sidewalk Regulations

§ 262- 29. Curb and Sidewalk required

§ 262-30. Curb and sidewalk construction, repair, replacement and maintenance

§ 262-32. Notice to construct, replace, repair and maintain curb and sidewalk

§ 262-33. Emergency repairs

§ 262-34. Pedestrian ramps

§ 262-35. Compliance with Bureau of Engineering's specifications

§ 262-36. Compliance with Lancaster Streetscape Design Guidelines

Article VI. Street Excavations

§ 262-37. General Provisions

§ 262-38. Permit required and emergency openings

§ 262-39. Street excavations, reconstruction or resurfacing

§ 262-40. Mill and Overlay following excavation

§ 262-41. Prerequisites to obtaining permit

§ 262-42. Bond

§ 262-43. Fees

§ 262-44. Cancellation of permit

§ 262-45. Revocation of permit

§ 262-46. Time extension and fee

§ 262-47. Backfilling and paving

§ 262-48. Backfilling and replacing surface; when done by City

§ 262-49. Responsibility; extra inspectors; other rules

§ 262-50. Test holes

§ 262-51. Gutters, lights and identification

§ 262-52. Additional work

§ 262-53. Guaranty of work

Article VII. Streetscape District

§ 262-54. Streetscape District established

§ 262-55. Streetscape standards

§ 262-56. Permits; waivers and variances; appeals

§ 262-57. Streetscape components

§ 262-58. Designation and authority of enforcement officers

§ 262-59. Violations and penalties

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Chapter 262. Streets and Sidewalks April 2017

Article I. General Provisions

Article I. General Provisions.

§262-1. Title.

This Chapter 262 of the Code shall be known and may be cited as the “The City of Lancaster Streets and Sidewalks Chapter 262 of the Code.”

§262-2. Purpose.

The purpose of this Chapter 262 of the Code is to promote health, safety, and welfare within the City of Lancaster by

1. coordinated development and growth;

2. maintaining infrastructure

3. type and location of streets

§262-3. Authority and Applicability.

A. The City of Lancaster is empowered to regulate streets and public rights-of-way, including sidewalks, by authority of the Act of November 24, 2015 P.L.242, No.67, the Third Class City Code,, pursuant to which, the City may lay out, ordain and establish sidewalks, curbs, gutters and drains along any street, and may, with or without petition, require owners of property abutting any street to construct, pave, curb, repave and recurb the sidewalks and keep the sidewalks in good repair along their property at grades and under regulations and specifications as may be provided herein.

B. The City of Lancaster is further empowered to regulate streets, public rights-of-ways, curbs and sidewalks under and pursuant to the Optional Third Class City Charter law, 53 P.S.

Sections 41101-41625.

C. The City of Lancaster is further empowered to regulate streets and public rights-of-way by

Act of July 31, 1968, P.L. 805, No. 247, The Pennsylvania Municipalities Planning Code (MPC), as amended.

D. This Chapter shall apply to all new and existing streets sidewalks and curbs within the City of

Lancaster, as delineated on the City Plan.

1. The owner(s) of land abutting any street in the City shall be responsible for constructing, reconstructing, maintaining and repairing the sidewalks, curbs, driveways and planting strips abutting or immediately adjacent to said land, except as provided in Subsection C.3. Said property owner(s) shall be liable for any and all damages to any person who is injured or otherwise suffers damage resulting from the defective condition of any sidewalk, curb, driveway or planting strip adjacent to said land, or by reason of the property owner’s failure to keep such sidewalk, curb, driveway or planting strip in safe condition and good repair. Said property owner(s) shall be liable to the City of Lancaster for any amounts which may be paid or incurred by the City by reason of all claims, judgment or settlement, and for all reasonable costs of defense, including investigation

Chapter 262. Streets and Sidewalks April 2017 costs and Attorney fees, by reason of said property owners’ failure to satisfy the obligations imposed by Code of the City of Lancaster to maintain, construct, and repair such sidewalks, curbs, driveways and/or planting strips.

2. Green streets or other public stormwater management facilities located within the right of way shall be modified or repaired in accordance with all applicable standards and regulations. All modifications and repairs shall be inspected and approved by the Department of Public Works of the City, its designee, or an authorized contractor approved by the Director.

3. All new streets shall be constructed in accordance with the SALDO, and reviewed by the City Engineer or his or her designee within the Bureau of Engineering of the City of Lancaster.

§262-4. Effect of Chapter 262 on Prior Plans.

Any Plan (hereinafter defined) pending at the time of the effective date of the ordinance adopting Chapter 262 of the Code shall be allowed to proceed with revisions, finalization and implementation in accordance with any provisions of Chapter 262 of the Code in effect prior thereto. In the instance that a Subdivision and Land Development Plan was filed pursuant to the provisions of the Pennsylvania Municipalities Planning Code and prior to the City’s adoption of Ordinance No. ____regarding storm water management, the applicants under that Plan may proceed with development in accordance with the filing.

§262-5. Severability. In the event any provision, section, sentence, clause or part of this Chapter 262 of the Code shall be held to be invalid, such invalidity shall not affect or impair any of the remaining provisions, sections, sentences, clauses or parts of this Chapter 262 of the Code; it being the intent of the City of Lancaster that the remainder of the Chapter 262 of the Code shall be and shall remain in full force and effect.

§262-6. Compatibility with Other Ordinance Requirements

A. Approvals issued pursuant to Chapter 262 of the Code do not relieve the Applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable law, regulation, code, rule, act, or ordinance, or the provision of the Code.

B. All improvements required by this Chapter of the Code shall be designed and constructed in conformance with this Chapter and all other ordinances of the City of Lancaster, the technical standards set forth in the "Construction Specifications and Guidelines Manual of the City of Lancaster," as amended from time to time, and the design standards set forth in the “Streetscape Design Guidelines,” as amended from time to time..

C. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this Chapter 262 of the Code are at variance with the requirements of any other lawfully adopted laws, acts, rules, or regulations, the most restrictive or that imposing the highest standards, shall govern.

Chapter 262. Streets and Sidewalks April 2017

§262-7. Waiver of Provisions.

A. The City of Lancaster reserves the right to waive or extend the terms hereof conditionally in individual cases.

B. Waiver requests shall be submitted in writing to the Director of Public Works. Prior to granting a waiver request, the Director of Public Works must determine that the applicable regulation is unreasonable under the circumstances, will cause undue hardship, or that an alternate of proposal will allow for equal or better results consistent with the intent of this Chapter.

C. In granting waivers/modifications, the Director of Public Works may impose such conditions as will, in his or her judgment, secure substantially the objectives of the standards and requirements of this Chapter.

D. All decisions regarding waivers or waiver requests and/or extension request shall be in the sole and absolute discretion of the Director of Public Works.

§ 262-8. Permit required; fee. Prior to any work performed being within a public right-of-way within the City of Lancaster, the appropriate permit or permits shall be secured and all associated fees shall be paid.

A. Curb and Sidewalk. A permit for construction, replacement or repair of curbs and sidewalks shall be obtained from the Bureau of Engineering before work is started upon payment of a permit fee.

B. Street Opening. The opening of the surface of any City street is prohibited unless a permit is obtained for that purpose. Such permit shall be issued by the Department of Public Works when the applicant files an application with the Department in compliance with the provisions of this Code and pays into the City Treasury the fees required. Any person working in the vicinity of a City street who in any manner disturbs such street or who in any manner causes damage to a street shall be required by this article to obtain a permit and correct this damage in accordance with the standards of the Department. Street opening permits shall not be required for persons excavating adjacent to the curb for the express purpose of installing or replacing curbs and/or sidewalks, provided that a curb and sidewalk permit has been obtained prior to such work. The obtaining of street opening permits by City departments and City municipal authorities shall be waived when work to be performed is completed by their own personnel. All contractors performing work under contract for the City shall obtain the street opening permit for street opening work. Public utilities shall obtain the street opening permit for street excavations performed by their own forces or by contractors.

C. Emergency Openings. In the event that street openings are necessitated by emergencies, street opening permits shall be obtained on the first regular business day on which the office of the City is open for business and such permit shall be retroactive to the date when the work was begun. A person performing street openings for an emergency must verify the

Chapter 262. Streets and Sidewalks April 2017 emergency nature of the circumstance in writing to the Director within five days after such emergency.

D. Driveway Aprons. A permit for construction, replacement or repair of driveways or driveway aprons shall be obtained from the Bureau of Engineering before work is started upon payment of a permit fee.

E. Fees. The Council of the City of Lancaster, by resolution adopted from time to time shall establish any and all fees that are assessable by the City for the administration of the provisions of this Chapter, including, without limitation, all applicable permit fees.

§262-9. Reserved.

§262-10. Revocation or Suspension of Permits.

A. All permits are subject to revocation or suspension at any time by the Department of Public

Works after written notice for:

1. Violation of any condition of the permit.

2. Non-compliance with or failure to implement any provision of the approved permit.

3. A violation of any provision of this Chapter or any other applicable law, ordinance, rule or regulation relating to the activities regulated by this Chapter and/or relating to the work to be performed in accordance with the permit.

4. The existence of any condition or the doing of any act constituting or creating a nuisance.

5. Any of the information set forth in the permit application is found to be materially false or misleading.

6. The creation of any condition or the commission of any act during construction or repair that constitutes or creates a hazard, or endangers the life or property of others.

B. Written notice of such violation shall be served upon the person to whom the permit was granted or his/her agent or employee engaged in the work. Such notice shall contain a brief statement of the reasons for the revocation or suspension of such permit. Notice may be given either by personal delivery thereof to the person to be notified or by United States mail, addressed to such person to be notified.

C. The revoked or suspended permit may be reinstated by the Director of Public Works, at the discretion of the Director of Public Works, upon satisfaction or resolution of the conditions which led to the permit suspension or revocation. When any suspended or revoked permit is reinstated, the reinstatement may be upon any terms and conditions reasonably imposed by the Director of Public Works to assure compliance with the provisions of this Chapter.

§262-11. Improvements Bond. Any applicant for a curb or sidewalk permit, before receiving the same, shall obtain an unexecuted surety bond from the Bureau of Engineering and have such bond properly executed and filed with the Bureau of Engineering. The surety bond shall be in the

Chapter 262. Streets and Sidewalks April 2017 sum as set forth in the Department of Public Works Right-of-Way Fee Schedule approved by resolution of the Council of the City of Lancaster, and payable to the City and/or to each person, co-partnership, association or corporation for whom the applicant constructs, reconstructs or repairs a sidewalk or curb in the City, and conditioned for the correct construction of every sidewalk or curbing under their charge in strict accordance with the provisions of the Chapter 262 of the Code, resolutions and regulations of the City and its officers in relation to the construction of such sidewalks and curbs. Such bond shall be properly executed by a reputable surety company licensed to do business in the Commonwealth of Pennsylvania and filed with the Bureau of Engineering. Any property owners desiring to personally construct, repair, replace or maintain curbs or sidewalks in front of their own property are not required to post a surety bond.

§262-12. City Liability. Except as specifically provided by the Pennsylvania Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended, 32 P.S. §680.1 et seq., the making of any administrative decision by the City of Lancaster or any of its officials or employees shall not constitute a representation, guarantee or warranty of any kind by the City of Lancaster of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, storm water runoff, flood, or any other matter, and shall create no liability upon or give rise to any cause of action against the City of Lancaster and its officials and employees. The City of Lancaster, by enacting and amending this Chapter 262 of the Code, does not waive or limit any immunity granted to the City of Lancaster and its officials and employees by the Governmental Immunity Act, 42 Pa. C.S. §8541 et seq., and does not assume any liabilities or obligations.

§262-13. Enforcement. The Director of Public Works and his or her designees are hereby authorized to enforce all of the provisions of this Chapter.

§262-14. Penalties

A. Any person who or which has violated any provisions of this Chapter, shall, upon a judicial determination thereof, be subject to civil judgment for each such violation of not less than five hundred and 00/100 dollars ($500), or more than one thousand and 00/100 dollars ($1000), for each violation, recoverable with all court costs including reasonable attorney’s fees incurred by the City as a result thereof. Each day that a violation occurs shall constitute a separate offense. All fines shall be paid to City of Lancaster.

B. In addition, the City of Lancaster may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this Chapter 262 of the Code, and may request any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.

C. Any time the City is required to enforce the provisions of this Chapter, in addition to the penalties set forth above, the City is entitled to recover any and all of its reasonable attorney’s fees and court costs associated with the enforcement of the provisions of this

Chapter 262. Streets and Sidewalks April 2017

§262-15. Appeals. Any person or property owner receiving a notice of violation under and pursuant to the provisions of this Chapter, or aggrieved by any decision or action of the Director of Public Works or the Bureau of Engineering, or who has been denied or had a permit revoked as suspended for construction, replacement or repair of curbs and sidewalks, driveway aprons, or to open the surface of a street shall have ten (10) business days following receipt of said notice or denial or following the action of the Director of Public Works or Bureau of Engineering to which they are aggrieved to file a written appeal of the same to the Director of the Department of Public Works, or her/his designee. The Director shall review the application, review the denial and any other information deemed appropriate, and make a determination within thirty (30) working days of the receipt of the appeal. Decisions of the Director shall be in writing and shall include findings of fact. All decisions of the Director shall be appealable to the Court of Common Pleas of Lancaster County in accordance with the provision of the local agency law and/or other applicable law of the Commonwealth of Pennsylvania..

Chapter 262. Streets and Sidewalks April 2017

Article II. Definitions

Article II. Definitions of Terms.

§262-16. Interpretation and Word Usage

The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction:

A. Words used or defined in one tense or form shall include other tenses or derivative forms.

B. Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.

C. The masculine gender shall include the feminine and neuter. The feminine gender shall include the masculine and neuter. The neuter gender shall include the masculine and feminine.

D. The word "person" includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, utility, associations and any other similar entities.

E. The word "Lot" includes the words "plot", “Tract”, and "Parcel".

F. The words “shall,” “must” and “will” are mandatory in nature and establish an obligation or duty to comply with the particular provision. The words “may” and “should” are permissive.

G. The time, within which any act required by this Chapter 262 of the Code is to be performed, shall be computed by excluding the first day and including the last day. However, if the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the Pennsylvania General Assembly, it shall also be excluded. The word "day" shall mean a calendar day, unless otherwise indicated.

H. Any words not defined in this Chapter 262 of the Code or in Section 107 of the MPC shall be construed as defined in standard dictionary usage.

I. References to officially adopted regulations, standards, or publications of PENNDOT or other governmental agencies shall include the regulation, publication, or standard in effect on the date when this Chapter was adopted. It is the intent of the City of Lancaster in enacting this Chapter to incorporate such changes to statutes, regulations, and publications to the extent authorized by 1 Pa. C.S. § 1937.

§ 262-17. Definitions. As used in this Chapter, certain terms are defined as follows:

ACCESS DRIVE - A private drive providing vehicular access from a street to a parking and/or loading and unloading area for multifamily dwellings (three or more units in a building on a single lot) or property having a nonresidential use, or providing vehicular access between parking areas within a land development.

Chapter 262. Streets and Sidewalks April 2017

Article II. Definitions

APPLICANT - Any person who makes application for a permit.

BUREAU – The Bureau of Engineering, Department of Public Works of the City of Lancaster, PA.

CALENDAR YEAR - January 1 through December 31, inclusive.

CHAINS - At least six cross chains per driving wheel.

CITY - The City of Lancaster, Lancaster County, Commonwealth of Pennsylvania.

CITY MUNICIPAL AUTHORITY – Any governmental authority formed by City Council of the City of Lancaster under the Commonwealth of Pennsylvania Municipality Authorities Act of 1945 Editor's Note: See 53 P.S. § 301 et seq. to administer a revenue producing public enterprise.

CITY ENGINEER – A professional engineer registered by the Commonwealth of Pennsylvania and employed or retained by the City and designated City Engineer. This term shall include an authorized designee acting on behalf the City Engineer.

CITY HIGHWAY FUND - A fund established and regulated by the City; the moneys therein are explicitly designated for the resurfacing and reconstruction of City streets.

CITY PLAN – The official plan of the streets of the City of Lancaster. The Plan can be viewed in the Bureau of Engineering.

CONCRETE - Includes soil cement, plain cement concrete or reinforced cement concrete;

material contained in the base course of some City streets.

COST - Actual expenditures incurred by the City for labor, equipment and materials. These expenditures include all fringe benefits and overhead.

CURB AND SIDEWALK CONSTRUCTION SPECIFICATIONS - Those standard construction and materials specifications and details promulgated and issued by the Bureau of Engineering of the City of Lancaster and used as a guide for the installation of curbs, sidewalks, crosswalks, ADA ramps, lighting and other elements within a right-of-way.

DEGRADATION FEE - A fee paid by the permittee to the City to defray a percentage of the costs for resurfacing and reconstruction of City streets resulting from the degradation of streets associated with street openings.

DEPARTMENT - The City of Lancaster Department of Public Works.

DIRECTOR – Director of Department of Public Works of the City of Lancaster.

Chapter 262. Streets and Sidewalks April 2017

Article II. Definitions

DRIVEWAY - A private drive or right-of-way providing vehicular and pedestrian access from a public street or public or common alley to a lot and/or building on a lot.

DRIVEWAY APRON - That portion of the driveway starting at the curb and progressing up the driveway for a specified distance

EMERGENCY - Any unforeseen circumstance which calls for immediate action to protect or safeguard life and/or property.

EMERGENCY COORDINATOR - The Chief of Police or his or her designated agent (hereinafter referred to as "Coordinator").

INSPECTION FEE - A fee paid by the permittee to the City to defray street opening inspection costs.

LITTER - Includes but is not limited to all waste material, garbage, trash or other substances of any nature which, if thrown, scattered or deposited as herein prohibited.

NUISANCE – The unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person in the legitimate enjoyment of his reasonable rights of person or property.

PAVEMENT – Any paved area or surface including but not limited to streets, sidewalks and parking lots.

PERMIT FEE - A fee paid by the permittee to the City to cover the costs of issuing, processing and filing the street opening permit.

PERMITTEE - Any person who has been issued a permit.

PERSON - Any natural person, partnership, firm, association, utility or corporation.

PLANTING STRIP – An unpaved area between the curb and sidewalk used for planting trees and other vegetation such as grass and ground cover.

PUBLIC NUISANCE – Public nuisances shall include, but are not limited to, accumulations of garbage and rubbish, infestations, the growing of grass, weeds or other vegetation beyond the height permitted by City ordinance, the storage or abandonment of unregistered, junked vehicles or other vehicles on unenclosed private or public property or the existence of other such items or conditions which are detrimental to the public health, safety and welfare.

PUBLIC STREET – A street or alley which has been dedicated to and accepted by the City of Lancaster and has been placed on the Official City (Street) Plan.

PUBLIC STREET, HIGHWAY OR AVENUE - Any street, sidewalk or alley open to the public within right-of-way lines thereof.

Chapter 262. Streets and Sidewalks April 2017

Article II. Definitions

PUBLIC UTILITY - Any utility company, excluding corporate authorities of the City, licensed by the Public Utility Commission of the Commonwealth of Pennsylvania.

REFUSE - For the purposes of this Chapter, refuse shall mean and be synonymous with garbage, trash, litter, rubbish, other discarded material’

SHADE TREE - Any tree, shrub or other woody plant in or upon any public street, highway or avenue in the City, or that part of any tree, shrub or other woody plant which extends within the lines of any public street, highway or avenue in the City.

SIDEWALK - The portion of the street intended for the use of pedestrians. Unless the street area has been designated as a pedestrian mall, or unless the entire street has been designated primarily for pedestrian use, for the purpose of this Chapter, "sidewalk" is that part of a street on the side there of intended for the use of pedestrians, improved by surfacing.

SIDEWALK AREA - That portion of the street right-of-way reserved for sidewalks as set forth on the City plan.

SIDEWALK SIGN – A sign placed on the sidewalk area of the public right-of-way adjoining the business or use it advertises and is not attached to any structure, utility pole or tree.

SIDEWALK ZONE – As depicted in the Streetscape Design Guidelines for the City of Lancaster Pennsylvania, June 7, 2004, the sidewalk zone is that area of the public right-of-way between the curb and the building façade. The sidewalk zone shall consist of the planting zone, pedestrian zone and building zone.

SNOW - Any precipitation depositing any accumulation on the streets and sidewalks, such as snow, sleet, hail, ice and freezing rain.

SNOW EMERGENCY - A state of highway conditions that are hazardous and dangerous to vehicular and pedestrian traffic, as declared by the Mayor.

SNOW EMERGENCY ROUTES - All streets in the City so designated and marked.

SNOW REMOVAL STREETS - All streets in the City so designated and marked.

SNOW TIRES - Tires on driving wheels having treads designated for use in snow, which tires must be in such condition as to serve the purpose for which they are designed.

STREET - A parcel of land intended to be used for vehicular and pedestrian circulation, whether designed as a thoroughfare, throughway, highway, parkway, road, avenue, boulevard, lane, alley, place, or however otherwise titled, and including the total right-of-way. Street shall include the entire right-of-way of a public street, highway, alley, road or easement within the City limits, excluding the designated curb and sidewalk area

Chapter 262. Streets and Sidewalks April 2017

Article II. Definitions

STREET, PUBLIC - A street or alley which has been dedicated to and accepted by the City of Lancaster and has been placed on the Official City (Street) Plan.

STREETSCAPE - Those exterior public spaces located between street curbs and building facades, pedestrian crosswalks and traffic calming measures located within vehicular areas such as streets and alleys.

STREETSCAPE - The visual impression of the built environment along a street created by building setbacks, rooflines, building mass, architectural styles and elements, building materials and texture, sidewalks, signage, trees and landscaping.

STREETSCAPE COMPONENTS - Those items to be regulated by the Streetscape Standards promulgated in accordance with the terms of this Chapter 262 of the Code, including sidewalks, curbs, sidewalk ramps, traffic calming measures, crosswalks, street furnishings, lighting and plantings.

STREETSCAPE DESIGN STANDARDS - Those standards promulgated by the City’s Director of Public Works in accordance with the terms hereof which establish standards for the uniform design, construction, placement and use of Streetscape Components within the Streetscape District.

STREETSCAPE DESIGN GUIDELINES - Standards issued by the City and used as a guide for the installation of sidewalks, crosswalks, street trees, landscape containers, sidewalk furnishings, lighting and other streetscape elements within a right-of-way.

STREETSCAPE DISTRICT - Those areas designated in this Chapter 262 of the Code as the City of Lancaster Streetscape District.

TRAFFIC CALMING MEASURES - The combination of mainly physical measures that reduce the negative effects of motor vehicle use and improve conditions for non-motorized street users, which traffic calming measures include, but are not limited to, bike lanes, curb extensions, bulbouts, neckdowns, chokers, center islands, medians, chicanes, lateral shifts, closures, diverters, roundabouts, traffic circles, speed bumps, speed humps and speed tables.

STREET FURNISHINGS – Lighting, benches, litter and trash receptacles, moveable tables and chairs, bollards, bicycle racks or bollards, fences, utility covers, planters, and other similar items designated by the City’s Director of Public Works.

VEHICLES - All self-propelled motorized vehicles using City streets and highways.

WORKDAY - A normal business day for the City government, i.e., Monday through Friday, except designated holidays.

WORK ZONE - An area of a street with construction, maintenance, or utility-work activities, typically marked by signs, channeling devices, barriers, pavement markings, Chapter 262. Streets and Sidewalks April 2017

Article II. Definitions and/or work vehicles. For the purposes of administering this Chapter, a work zone may also be defined as a street segment pursuant to the City of Lancaster Pavement Management Plan.

Chapter 262. Streets and Sidewalks April 2017

Article III. Snow Emergencies

Article III. Snow Emergencies; Snow Emergency Routes [Adopted as Article 531 of the Codified Ordinances]

§ 262-18. When regulations effective. The Mayor is authorized to declare these snow emergency regulations to be in effect:

A. While snow is falling within the City;

B. Whenever there is a covering or coating of newly fallen snow upon some or all of the streets, highways and sidewalks of the City; or

C. Whenever the Mayor receives from a recognized weather forecasting service a firm forecast of snow.

§ 262-19. Notice of declaration of snow emergency and termination.

A. The Mayor shall inform the public of a snow emergency and the effective time thereof by issuing press releases to local radio, television and news services as well as posting on the City of Lancaster website and social media, as applicable.

B. The snow emergency shall continue in full force and effect until the Mayor declares it to be over in the same manner it was declared.

§ 262-20. Designation and marking of streets.

A. The Traffic Commission shall, by regulation, designate streets which are heavily traveled and are necessary thoroughfares for the movement of vehicular traffic through the City as snow emergency routes. [Amended 6-11-1996 by Ord. No. 3-1996]

B. All streets designated as snow emergency routes shall be posted with suitable signs or markers at intervals not exceeding 600 feet, which signs shall bear the words "Snow Emergency Route." The “Snow Emergency Route” map is viewable on the City of Lancaster website at http://www.cityoflancasterpa.com/city-map.

§ 262-21. Parking and traffic restrictions and prohibitions; resumption of parking.

A. Beginning one hour after the effective time that a snow emergency has been declared:

1. No vehicle shall be parked on a snow emergency route.

2. No person shall operate any vehicle on a snow emergency route in such manner or in such condition as to allow or permit such vehicle to become stalled or incapable of moving under its own power, either by reason of the fact that the driving wheels of such vehicle are not equipped with chains or snow tires, or by reason of the fact that the motor fuel supply of such vehicle has been allowed to become exhausted.

Chapter 262. Streets and Sidewalks April 2017

Article III. Snow Emergencies

B. The prohibition of parking shall remain in effect on snow emergency routes until the Mayor declares that the snow emergency regulations are no longer in effect. .

§ 262-22. Snow removal. [Amended 2-12-2002 by Ord. No. 3-2002]

Nothing herein contained shall be construed to prevent such owner, by lease or otherwise, from delegating to a tenant or occupant the duties and liabilities hereby imposed, but such delegation shall not relieve the owner of his/her primary duties and liabilities hereunder.

Chapter 262. Streets and Sidewalks April 2017

Article IV. Nuisances and Obstructions

Article IV. Nuisances and Obstructions [Adopted as Article 739 of the Codified Ordinances]

§ 262-23. Cleaning snow and ice from sidewalks.

[Amended 2-12-2002 by Ord. No. 3-2002]

A. Each owner of any property fronting on or adjoining any street in the City shall clear a pathway of at least three feet in width on the sidewalk in front of or adjoining such property within five hours after the snow which is the cause thereof has ceased to fall . If the snow shall have ceased to fall between dusk and dawn, the pathway shall be cleared before 10:00 a.m. of the following morning. The snow cleaned from the pathway shall not be deposited in the street after the street has been plowed. As used herein, "snow" means any precipitation depositing any accumulation on the streets and sidewalks, such as snow sleet, hail, ice and freezing rain.

B. Nothing herein contained shall be construed to prevent such owner, by lease or otherwise, from delegating to a tenant or occupant the duties and liabilities hereby imposed, but such delegation shall not relieve the owner of his/her primary duties and liabilities hereunder.

§ 262-24. Placing nuisances on streets. No person shall place or cause to be placed a nuisance in any of the streets, lanes or alleys of the City.

§ 262-25. Deposit of refuse. No person shall at any time cast, lay or throw in any of the sidewalks, streets, lanes or alleys in the City any snow or ice, or refuse, rubbish and/or litter of any kind.

§ 262-26. Sidewalk Obstructions.

A. Permit. No person shall place any object or structure of any kind or description, whether movable or immovable, upon the sidewalks or within the sidewalk area of the City for any purpose, without first obtaining all necessary permits.

1. Any structure, shelf or other projection extending over the sidewalk or projecting into the sidewalk area for the purpose of selling or displaying for sale any goods or merchandise shall be reviewed and approved by the Bureau of Engineering and comply with all applicable codes and regulations of the City.

a. No such structure or projection shall obstruct or inhibit the free and clear passage of pedestrians.

2. All signage placed within the sidewalk area shall not obstruct or inhibit the free and clear passage of pedestrians.

a. Signage shall be in compliance with all sign regulations in force in the City of Lancaster.

b. The location of signage placed within the sidewalk area, as defined herein, shall be approved by the Bureau of Engineering.

Chapter 262. Streets and Sidewalks April 2017

Article IV. Nuisances and Obstructions

3. Vending carts intended to occupy space within the sidewalk area shall comply with the provisions in Chapter 291, Vending, of the Code of the City of Lancaster. All vending carts within the Central Business District, as defined in Chapter 291, shall be approved by the Director of the Department of Public Works.

4. Restaurants intending to operate sidewalk seating which will occupy space within the sidewalk area shall comply with the provisions in Chapter 240, Restaurants, Article II, Sidewalk Cafes. All sidewalk cafes and attendant facilities shall be inspected and approved by the Bureau of Engineering prior to the issuance of a sidewalk cafe license.

5. Upon application by the owner of the premises, the Bureau of Engineering may issue a permit for such owner to place ornamental electric lighting fixtures, benches, trash receptacles or similar appurtenances, at a location or locations to be approved by the Bureau of Engineering. Such fixtures shall be consistent with the City of Lancaster Streetscape Design Guidelines and shall be properly maintained by the property owner.

The property owner shall supply an agreement to the City for the proper maintenance and operation thereof and indemnify the City from the payment of any claim of any kind by any person for loss or damage which might result from the location, maintenance or operation of such fixtures.

B. Exemptions.

1. The foregoing provisions shall not apply to objects placed on the sidewalks by officials from the City of Lancaster or other municipal authorities for municipal purposes, such as street signs, utility poles, traffic signals, trash receptacles, fire hydrants, parking meters, planters, bicycle parking racks, and similar items, which are specifically excluded from the provisions of this section.

2. Newspaper honor boxes, mail boxes and similar items allowed to be placed within the sidewalk areas by federal or State law shall be permitted by right with the location and methodology for attachment to the City sidewalks to be approved in advance by the Director of Public Works.

§ 262-27. Unlawful sidewalk structures a nuisance; removal. Upon written Notice sent by U.S. Mail Postage prepaid to the Property Owners address, all structures of the kind and character enumerated above, except those which are excluded or for which a permit has been granted, that are in existence or may at any future time be situated upon or extended over the sidewalks of the City are hereby declared a nuisance and shall be removed upon notice.

§ 262-28. Temporary Sidewalk Closure for building maintenance. No person shall close any sidewalk for temporary building maintenance, regardless duration of the closure, without first securing a Traffic Control Permit from the Department of Public Works. All permit applications shall be accompanied by a plan for pedestrian protection methods in accordance with the Curb and Sidewalk Construction Specifications and consistent with the International Building Code or equivalent standards.

Chapter 262. Streets and Sidewalks April 2017

Article V. Curb and Sidewalk Regulations

[Adopted as Article 904 of the Codified Ordinances]

§ 262- 29. Curb and Sidewalk required.

A. Sidewalks shall be required along both sides of all public streets in the City of Lancaster, except on narrow streets with limited right-of-way width as determined by the Bureau of Engineering.

B. Sidewalks shall be constructed and installed in accordance with the specifications published in the City of Lancaster Curb and Sidewalk Construction Specifications and Streetscape Design Guidelines, as amended.

C. Sidewalks shall be constructed of concrete, brick, or other materials as approved by the

Bureau of Engineering

D. Sidewalks shall be a minimum of four feet wide, not including space taken by poles, trees, steps or other appurtenances.

1. Sidewalks less than 5 feet wide shall provide a minimum 5’ X 5’ passing space at intervals no more than 200 feet. Passing spaces may overlap pedestrian access routes.

2. On blocks consisting of greater than 50% residential dwellings, sidewalks shall be a maximum 5 feet in width. 3. Sidewalks in areas with high pedestrian traffic, as determined by the Bureau of Engineering, shall be no less than five (5) feet wide.

E. Sidewalks shall be located within the street right-of-way, except where existing conditions dictate otherwise.

F. A planting strip shall be provided between the curb and sidewalk unless otherwise approved by the Bureau of Engineering. The width of the planting strip shall be dependent upon the width of the sidewalk area, alignment of existing sidewalk pavement and other circumstances particular to the location as determined by the Bureau of Engineering.

1. In lieu of a planting strip, a 25 square foot tree well may be provided in accordance with the City of Lancaster Tree Manual.

2. A planting strip or tree well shall be required when at least 50 percent of the sidewalk along the curb is being replaced at a property.

3. When located within the streetscape district, additional requirements will apply pursuant the City of Lancaster Streetscape Design Guidelines

G. Where possible, sidewalks should be sloped towards adjacent pervious surfaces, not adjacent impervious surfaces

H. ADA ramps shall be located, installed and constructed in accordance with the Curb and

Sidewalk Construction Specifications.

Chapter 262. Streets and Sidewalks April 2017

I. Sidewalks within a land development shall be installed in accordance with Chapter 265, Subdivision and Land Development, of the Code of the City of Lancaster in addition to the provisions herein.

§ 262-30. Curb and sidewalk construction, repair, replacement and maintenance.

A. All curb and sidewalk work shall be performed in accordance with the City of Lancaster

Curb and Sidewalk Construction Specifications.

B. All new and reconstructed sidewalks within the Streetscape District, as amended, shall be constructed in accordance with the Streetscape Design Guidelines.

§ 262-31. Permit required; fee. A permit for construction, replacement or repair of curbs and sidewalks shall be obtained from the Bureau of Engineering before work is started upon payment of the appropriate permit fee. [Amended 3-11-1997 by Ord. No. 5-1997]

§ 262-32. Notice to construct, replace, repair and maintain curb and sidewalk.

A. Any owner of property in the City shall cause the construction, replacement, repair or maintenance of curb or sidewalk within a period of ninety (90) days from the date of notice to do so.

B. Curb and sidewalk construction, replacement and repair on streets requiring reconstruction or resurfacing. When the City or the Pennsylvania Department of Transportation proposes to reconstruct any street, the City Engineer shall first serve notice of all required curb or sidewalk construction, replacement or repair to all persons owning property abutting the street about to be improved. Within ninety (90) calendar days of such notice, all property owners shall complete or cause to be completed all curb or sidewalk construction, replacement or repair as specified in the notice. Property owners shall also complete or cause to be completed all curb construction, replacement or repair proposed or anticipated by such owners within a five-year period after street reconstruction.

C. The City Engineer may deny permits for curb work within a five-year period after street resurfacing.

D. Curb and sidewalk notices. [Amended 7-26-2005 by Ord. No. 15-2005] All notices required herein shall be issued by the City Engineer and shall specify the nature and extent of all work to be performed. Failure to comply with notice may result in the City performing the work or causing the same to be done and levying and collecting all costs for such work from the property owner, plus all other amounts due the City pursuant to Chapter 36. All notices shall be in writing and sent by certified mail to the property owner at the address as shown by the County Board of Assessments and shall be deemed effective on the date of mailing.

§ 262-33. Emergency repairs.

A. The City may make or cause to be made emergency repairs to sidewalks upon inspection that determines a substantial and immediate danger exists to public health, safety and welfare.

Any owner of property in the City shall make emergency repairs to curb and sidewalk upon notification of such conditions when, in the opinion of the Bureau of Engineering, such

Chapter 262. Streets and Sidewalks April 2017 repairs are necessary to remove a dangerous condition. Emergency repairs must commence within a period of forty-eight (48) hours of notice.

B. If the owner fails to make the emergency repairs within the prescribed time, the City may make the emergency repairs to the sidewalk and levying and collecting all costs for such work from the property owner, plus all other amounts due the City pursuant to Article I, herein.

§ 262-34. Pedestrian ramps. Pedestrian ramps shall be installed at street intersections designated for ramps by the Bureau of Engineering, and at all access drives and driveways, as needed.

A. All new and reconstructed driveways and access drives shall include a driveway apron constructed in accordance with the City of Lancaster Curb and Sidewalk Construction Specifications.

B. Irrespective Subsection A above, the Bureau of Engineering may approve ADA compliant ramps with truncated dome detectable warning pads for reconstructed access drives when existing site conditions prohibit the construction of a driveway apron. Such ADA compliant ramps shall be constructed in accordance with all applicable federal, state and local standards.

C. Exact ramp locations and the number of ramps to be installed at specific street intersections will be determined by the Bureau of Engineering.

D. Ramps shall be located and constructed in accordance with the City of Lancaster Curb and

Sidewalk Construction Specifications.

§ 262-35. Compliance with Bureau of Engineering's specifications. All construction, replacement, repair or maintenance of curbs or sidewalks shall be done in accordance with the City of Lancaster Curb and Sidewalk Construction Specifications, as amended from time to time.

The City Engineer is hereby authorized to promulgate from time to time the Curb and Sidewalk Construction Specifications for curb and sidewalk construction, repair, replacement and maintenance. Such specifications may be advertised in a newspaper with general circulation in the City. The advertisement shall contain a brief summary of such specifications and set forth information relative to the availability of the specifications for review purposes. The Curb and Sidewalk Construction Specifications shall become effective thirty (30) calendar days after advertisement thereof.

§ 262-36. Compliance with Lancaster Streetscape Design Guidelines. All construction, replacement, repair or maintenance of sidewalks within the Streetscape District, as amended, shall be done in accordance with the current City of Lancaster Streetscape Design Guidelines, which shall be available from the Department of Public Works. The City Engineer is hereby authorized to promulgate from time to time the Streetscape Design Guidelines. Such guidelines may be advertised in a newspaper with general circulation in the City. The advertisement shall contain a brief summary of such guidelines and set forth information relative to the availability

Chapter 262. Streets and Sidewalks April 2017 for review purposes. The amended Streetscape Design Guidelines shall become effective thirty

(30) calendar days after advertisement thereof.

Chapter 262. Streets and Sidewalks April 2017

Article VI. Street Excavations

[Adopted as Article 913 of the Codified Ordinances]

§ 262-37. General Provisions.

A. All street excavations shall require a permit prior to commencing any work, except for emergencies as set forth herein.

B. No excavation may be performed without compliance with the PA One Call System Rules, Regulations and Procedures for underground utility protection and stormwater best management practices (BMPs).

C. Except in emergency situations, excavation of streets that had been constructed, reconstructed or resurfaced for less than three years shall be prohibited.

§ 262-38. Permit required and emergency openings.

A. The opening of the surface of any City street is prohibited unless a permit is obtained for that purpose in the manner hereinafter described. Such permit shall be granted through the Department of Public Works of the City when the applicant files an application with the Department in compliance with the provisions of this article and pays the amounts set forth in the Department of Public Works Right-of-Way Fee Schedule approved by resolution of the Council of the City of Lancaster.

1. Any person working in the vicinity of a City street who in any manner disturbs such street or who in any manner causes damage to a street shall be required by this…