Authorizing City Council's Committees on Legislative Oversight and Streets and Services to hold joint public hearings to investigate the progress made by the Streets Commissioner in establishing a program for the coordination of construction activities in the right of way and to investigate the feasibility of instituting a fee for permits for street and right-of-way closures.

WHEREAS, On May 7, 2005 this Council enacted Bill No. 050065 by a vote of 15 to 0 and the Mayor signed this legislation on May 20, 2005; and

WHEREAS, Bill No. 050065 created a new Chapter 11-700 of The Philadelphia Code entitled “Right of Way Management”; and

WHEREAS, Section 11-705 of The Philadelphia Code now mandates that the Commissioner of Streets establish a program for the coordination of construction activities in the right of way (ROW); and

WHEREAS, Section 11-705 defines the following

purposes of the program

for the coordination of construction activities in the right of way

: (a) minimize multiple Street openings, the resulting disruption of the ROW, and inconvenience to the public, (b) ensure that construction in the ROW consistently meets a high industry standard of quality, (c) coordinate the exchange and review of construction plans among Licensees and between Licensees and City Agencies, including the early identification and coordination of large construction projects planned by Licensees and City Agencies, and the early review of economic development plans affecting construction in the ROW, (d) ensure the timely identification and resolution of conflicts between planned and existing Facilities in the ROW, (e) improve the efficiency of the process for issuing Construction Permits and minimize the time required, (f) identify opportunities for joint construction in the ROW by multiple Licensees, and by Licensees and City Agencies, (g) develop traffic safety guidelines for construction and maintenance activities in the ROW and (h) otherwise identify and implement measures to improve the efficiency and minimize the impact of construction in the ROW; and

WHEREAS, This Council remains concerned about the need to identify and implement measures to improve the efficiency and minimize the impact of construction in the right of way and seeks to understand what progress the Streets Commissioner has made in carrying out the mandate set forth in Section 11-705 of The Philadelphia Code; and

WHEREAS, Once street and right-of-way closure permits are issued, there is little incentive for the holder of the permit to work quickly. In an effort to address this concern as well as recoup costs derived from street and right-of-way closures (i.e. lost parking revenue, inconvenience to residents and long-term costs derived from public facility damage) several municipalities charge fees for similar permits. Philadelphia could benefit from similar programs;

now therefore

RESOLVED,

BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That City Council’s Committees on Legislative Oversight and Streets and Services are hereby authorized to hold joint public hearings to investigate the progress made by the Streets Commissioner in establishing

a program for the coordination of construction activities in the right of way

and to investigate

the feasibility of instituting a fee for permits for street and right-of-way closures.

End