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File #: 2021-2164    Version: 1
Type: Ordinance Status: Passed Finally
File created: 11/5/2021 In control: Committee on Public Works
On agenda: 11/8/2021 Final action: 11/22/2021
Enactment date: 11/22/2021 Enactment #: 46
Effective date: 11/30/2021    
Title: Ordinance amending the Pittsburgh Code, Title Four: Public Places and Property, Article I: Public Rights-of-Way, Chapter 416: Obstructions, by adding new definitions and amending permitting requirements for construction activities, encroachments and minor encroachments.
Sponsors: Erika Strassburger
Indexes: PGH. CODE ORDINANCES TITLE 04 - PUBLIC PLACES
Attachments: 1. 2021-2164 -Chapter 416 Proposed Code Amendments and Application Requirements (1)
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Ordinance amending the Pittsburgh Code, Title Four: Public Places and Property, Article I: Public Rights-of-Way, Chapter 416: Obstructions, by adding new definitions and amending permitting requirements for construction activities, encroachments and minor encroachments.

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WHEREAS, Pittsburgh Code broadly defines an obstruction as "a partial or complete blockage of the right-of-way;" and

WHEREAS, currently, Chapter 416 of the Pittsburgh Code broadly defines an encroachment as a type of obstruction consisting of "a private improvement, structure or obstruction extending into or located within, upon, above or under any public right-of-way or public easement;" and

WHEREAS, obstructions can range from a bench or bike rack on the sidewalk to an underground vault or foundation; and

WHEREAS, except for sidewalk cafes and ramps approved as part of the One Step Program, any encroachment in any public right-of-way requires a resolution from Council and permission from the Department of Mobility and Infrastructure; and

WHEREAS, the City of Pittsburgh should avoid overly burdensome permitting processes for encroachments that are minor in nature and do not materially interfere with the public's safety, convenience, use, or enjoyment of the public right-of-way, such as benches, bike racks, and overhead awnings.

SEE ATTACHMENT
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The Council of the City of Pittsburg hereby enacts a follows:

Section 1. Ordinance amending the Pittsburgh Code, Title Four: Public Places and Property, Article I: Public Rights-of-Way, Chapter 416: Obstructions, by

? 416.01 - OBSTRUCTION PERMIT REQUIRED.
Prior to any person placing an obstruction, as defined in ?411.02, in the public right-of-way, a permit or license must first be obtained from the Director.
For purposes of this chapter, an obstruction includes but is not limited to:
(a) temporary traffic obstruction activity, as defined in ?416.04;
(b) a minor encroachment, as defined in ?416.09;
(c) an encroachment, as d...

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