The purpose of this Chapter 262 of the Code is to promote health, safety, and welfare within the City of Lancaster by:
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, [1] 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.
[1]
Editor's Note: See 53 P.S. § 35101 et seq.
B.
The City of Lancaster is further empowered to regulate streets, public
rights-of-way, curbs and sidewalks under and pursuant to the Optional
Third Class City Charter Law, 53 P.S. §§ 41101 to 41625.
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 D(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 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.
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[1] and prior to the City's adoption of Ordinance No. 3-2015
regarding stormwater management, the applicants under that plan may
proceed with development in accordance with the filing.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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.
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.
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 alternative
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
requests shall be in the sole and absolute discretion of the Director
of Public Works.
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 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.
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)
Noncompliance 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.
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 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.
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, stormwater 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.A. § 8541 et seq., and does not assume any liabilities or obligations.
The Director of Public Works and his or her designees are hereby
authorized to enforce all of the provisions of this chapter.
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 $500, nor more than
$1,000, 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.
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 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
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 provisions of the local agency
law and/or other applicable law of the Commonwealth of Pennsylvania.
