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."
The purpose of this Chapter
262 of the Code is to promote health, safety, and welfare within the City of Lancaster by:
A. Coordinated development and growth;
B. Maintaining infrastructure;
C. Type and location of streets.
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. 3-2015
regarding stormwater management, the applicants under that plan may
proceed with development in accordance with the filing.
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.
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.
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.
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.