Presenter
Presented by Mr. Hertzberg
Recommendation
In Committee on Public Works & Environmental Services, July 18, 2001
Affirmative Recommendation
AS AMENDED
Title
An Ordinance amending the Pittsburgh Code, Title Four, Public Places and Property, Article I. Streets and Sidewalks, Chapter 416: Obstructions, Section 416.03 "Street encroachments and major street obstructions; permit required"
Body
Be it resolved that the Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh, Code, Title Four, Public Places and Property, Article I. Streets and Sidewalks, Chapter 416: Obstructions, Section 416.03 "Street encroachments and major street obstructions; permit required" is amended as follows:
(a) Except as set forth in subsection (e) below, no person shall erect, construct or maintain a permanent bridge, tunnel, vault or other encroachment in any public right-of-way without first obtaining a resolution from Council and permission from the Department of Public Works. Application therefor shall clearly indicate the purpose and proposed use of the encroachment, shall include a plan identifying the portion of the right-of-way in which the encroachment is requested, and shall include other information as may be required to demonstrate compliance with the Pittsburgh Code and with requirements for encroachments established by the Director of the Department of Public Works. Once granted, such encroachment and its use shall not be changed, modified or altered without reapplication to Council and the Department. The Director shall notify Council on a weekly basis of all individuals or entities who have made formal application for an encroachment, easement or vacation of a city street or right-of-way.
(b) The City Clerk shall notify the Director of the approval by Council of the resolution authorizing the encroachment permit. However, the Director shall not issue the permit until the applicant has paid the applicable fee, obtained all applicable zoning approvals, submitted proof of insurance in coverages and amounts approved by the Director and supplied such other information as may be required and approved by the Director.
(c) By accepting a permit, the permittee agrees where applicable:
(1) To remove or relocate, at its own expense, all installations from the public street, sidewalk or other public way upon 30 days written notice from the city requesting the removal; and
(2) To hold the city nonliable for removal or relocation and to indemnify it for any costs incurred as a result of the removal or relocation; and
(Ord. 11-1992, effective 4-21-92; Am. Ord. 19-1998, effective 7-30-98)
(3) To notify abutting and adjoining property owners of the encroachment or obstruction 30 days prior to its installation.
(Ord. 20-1991, effective 6-18-91)
(d) No encroachment of any kind shall be granted to any individual or entity that owes the city any delinquent taxes (including, but not limited to, property taxes on any real property in the city, wage tax, earned income tax, mercantile tax, business privilege tax, institutional privilege tax, occupation tax or amusement tax), that owes the city or Pittsburgh Water and Sewer Authority any delinquent water or sewage charges, or that has any property in the city with any outstanding Bureau of Building Inspection or Housing Court violations. For purposes of this subsection, an entity shall be deemed to be delinquent or in violation either if the named entity is delinquent or in violation or if any individual that owns 50% or more of the entity has a delinquency or violation. The Department of Public Works shall be responsible for the enforcement of this subsection.
(Ord. 25-1998, effective 11-6-98)
(e) A resolution of Council is not required for ramps that assist persons with disabilities that meet the specifications described below, and a permit may be obtained from the Department of Public Works without a Council Resolution:
(1) It must be shown that the ramp cannot be constructed within the subject property line;
(2) The ramp must be made of concrete for commercial properties;
(3) The ramp may only extend 3'4" into the City right-of-way;
(4) The ramp must parallel the building;
(5) The design of the ramp shall comply with the applicable provisions of the Federal Americans with Disabilities Act Accessibility Guidelines, currently section 4.8; and
(6) If a City designated historic landmark or district, approval from the Historic Review Commission is required; and,
(7) The City Council Member representing the District where the ramp is proposed shall acknowledge, in writing, having reviewed the application, prior to issuance of the permit.