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Home > Bills, Hearings & Meetings > Text of Bills Introduced by City Council on 10/25/07
Subject: Text of Bills Introduced by City Council on 10/25/07
From: Michael.Decker@phila.gov
Date: Oct 30, 2007 1:25 pm
Attachment #0 Bill No. 07091400.pdf
Attachment #1 Bill No. 07090400.pdf
Attachment #2 Bill No. 07090500.pdf
Attachment #3 Bill No. 07090600.pdf
Attachment #4 Bill No. 07090700.pdf
Attachment #5 Bill No. 07090800.pdf
Attachment #6 Bill No. 07090900.pdf
Attachment #7 Bill No. 07091000.pdf
Attachment #8 Bill No. 07091100.pdf
Attachment #9 Bill No. 07091200.pdf
Attachment #10 Bill No. 07091300.pdf

Bill No. 07091400.pdf
View original document

City of Philadelphia
City of Philadelphia                        - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070914


Introduced October 25, 2007


Councilmember Clarke


Referred to the
Committee on Licenses and Inspections


AN ORDINANCE

Amending Chapter 10-200 of The Philadelphia Code, entitled "Ethnic Intimidation And
Institutional Vandalism," by adding a section prohibiting the display of symbols of racial
animus, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHIILADELPHIA HEREBY ORDAINS:

SECTION 1.  Chapter 10-200 of The Philadelphia Code is hereby amended as follows:

CHAPTER 10-200.  ETHNIC INTIMIDATION AND INSTITUTIONAL
VANDALISM.

*        *     *

§ 10-202. Prohibited Conduct.

(1) No person shall commit the offense of ethnic intimidation and no person shall
commit the offense of institutional vandalism.

(2) No person shall display, with the intent to intimidate another person or to
incite violence, a symbol of racial or ethnic animus, such as a noose, burning cross or
swastika, in a place of employment, in a public accommodation, in a public facility, on
public property or in the public right-of-way.

§ 10-203. Penalties.

(1)     The penalty for violation of any provision of this Chapter is a fine of three
hundred (300) dollars, except that a violation of subsection 10-202(2) is subject to the


City of Philadelphia

BILL NO. 070914 continued


City of Philadelphia                           - 2 -
monetary fines established for a Class III offense and imprisonment of up to ninety (90)
days.

___________________________________
Explanation:

[Brackets] indicate matter deleted.
Italics indicate new matter added.




Bill No. 07090400.pdf
View original document

City of Philadelphia
City of Philadelphia                         - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070904


Introduced October 25, 2007


Councilmember Blackwell


Referred to the
Committee on Streets and Services


AN ORDINANCE

Authorizing and directing the revision of lines and grades on a portion of City Plan No.
44 by striking from the City Plan and vacating Cuthbert Street from 32nd Street to 33rd
Street and by reserving and placing on the City Plan a right-of-way for drainage
purposes, water main purposes, gas main purposes, and public utility purposes within the
lines of said Cuthbert Street being stricken from the City Plan by authority of this
Ordinance, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  Pursuant to Section 11-403 of The Philadelphia Code, the Board of
Surveyors of the Department of Streets is authorized to revise the lines and grades on a
portion of City Plan No. 44 by:
(a)  Striking from the City Plan and vacating Cuthbert Street from 32nd Street to 33rd
Street.
(b)  Reserving and placing on the City Plan a right-of-way for drainage purposes, water
main purposes, gas main purposes, and public utility purposes within the lines of
said Cuthbert Street being stricken from the City Plan by authority of this
Ordinance.

SECTION 2.  This authorization is conditional upon compliance with the following
requirements within two (2) years from the date this Ordinance becomes law:
(a)  The filing of an agreement, satisfactory to the City Solicitor, by the owner or
owners of property affected thereby, to release the City from all damages or claims
for damages which may arise by reason of the City Plan changes authorized herein;
in lieu thereof, only after the party in interest has demonstrated best efforts to obtain
such agreements and such efforts are unsuccessful, the party in interest shall file an
agreement and a bond, with corporate surety, satisfactory to the City Solicitor or an


City of Philadelphia

BILL NO. 070904 continued


City of Philadelphia                         - 2 -
irrevocable letter of credit satisfactory to the City Solicitor, to indemnify the City as
aforesaid.
(b)  The filing of an agreement, satisfactory to the City Solicitor, by the party in interest,
to release, indemnify and defend the City from all damages or claims for damages
that may arise by reason of the City Plan changes authorized herein.
(c)  The filing of an agreement, satisfactory to the City Solicitor, by the party in interest,
to make any and all changes and adjustments to curbing, sidewalk paving, cartway
paving, water pipe, fire hydrants, sewers, inlets and manholes, street light poles and
equipment, and to other City structures either overhead, underground, or upon the
surface, including the relocation, abandonment, repairing, reconstruction, cutting,
and sealing of such structures and facilities which may be necessary in the judgment
of the Department of Streets and the Water Department by reason of the City Plan
changes authorized herein.  The agreement shall provide for the removal of all
existing City-owned street lighting poles and equipment and for their delivery to the
storage yard of the Street Lighting Division at 701 Ramona Avenue at no cost to the
City.  The agreement shall provide for the removal of salvageable hydrants, valves,
manhole covers, frames, and connections, as determined by the Water Department,
and for their delivery to the storage yard of the Water Department located at
Twenty-ninth Street and Cambria Street at no cost to the City.  The agreement shall
also provide for the removal of salvageable cast iron manholes and covers, street
inlet grates, frames and hoods, and inlet castings, as determined by the Water
Department, and for their delivery to the storage yard of the Water Department
located at 3201 Fox Street at no cost to the City.  The agreement shall provide that
this work be completed within two years from the date of confirmation by the
Board of Surveyors of the City Plan changes authorized by this Ordinance.
(d)  The party in interest shall file a bond, with corporate surety, satisfactory to the City
Solicitor, or an irrevocable letter of credit satisfactory to the City Solicitor, in an
amount satisfactory to the Department of Streets, to cover the cost of the work
required under Section 2(c).
(e)  The filing of an agreement by the owner or owners of property affected thereby,
granting to the City the aforesaid right-of-way for drainage purposes, water main
purposes, gas main purposes, and public utility purposes authorized in Section 1(b)
of this Ordinance.  The agreement shall provide that no changes in grades shall be
made and that no fences, buildings, or other structures, either overhead,
underground, or upon the surface, shall be constructed within the lines of the right-
of-way or abutting thereon, unless the plans for such structures shall first be
submitted to and approved by the Philadelphia Water Department and the
Philadelphia Gas Works.  The agreement shall also grant the right-of-access and
occupation at any and all times to the officers, agents, employees, and contractors
of the City and the Philadelphia Gas Works for the purpose of construction,


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BILL NO. 070904 continued


City of Philadelphia                       - 3 -
reconstruction, maintenance, alterations, repairs, and inspection of present and
future facilities and structures.
(f)  The payment by the party in interest of the cost of advertising the public hearing by
the Board of Surveyors on the City Plan changes authorized by this Ordinance.


SECTION 3.  This Ordinance shall not become effective unless the sum of two hundred
dollars ($200.00), toward costs thereof, is paid into the City Treasury within one hundred
and twenty (120) days after this Ordinance becomes law.


City of Philadelphia

BILL NO. 070904 continued


City of Philadelphia                 - 4 -




Bill No. 07090500.pdf
View original document

City of Philadelphia
City of Philadelphia                         - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070905


Introduced October 25, 2007


Councilmember Savage


Referred to the
Committee on Public Property and Public Works


AN ORDINANCE

Authorizing the Commissioner of Public Property to convey certain tracts of land with
the buildings and improvements thereon located on the block bounded by West
Huntingdon Street, North Fairhill Street, West Lehigh Avenue, and North Fifth Street, to
the Philadelphia Authority for Industrial Development for nominal consideration, for
further conveyance.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. The Commissioner of Public Property, on behalf of the City of
Philadelphia, is hereby authorized to convey, for nominal consideration, certain tracts of
land with the buildings and improvements thereon located on the block bounded by West
Huntingdon Street, North Fairhill Street, West Lehigh Avenue, and North Fifth Street, in
the City of Philadelphia, generally described as follows, for further conveyance at less
than fair market value:

ALL THAT CERTAIN lot or piece of ground with the buildings or
improvements thereon erected, Situated in the 19th Ward of the City of Philadelphia, and
described according to a Survey and Plan of Property made by James E. Shomper,
Surveyor and Regulator of the Sixth Survey District, dated July 12, 1990 (BB-36), as
follows:

BEGINNING at a point formed by the intersection of the westerly side of Fifth
Street, (60' wide) and the northerly side of Huntingdon Street (50' wide); Thence
extending N. 78º 39' 00" W., along the northerly side of the said Huntingdon Street, the
distance of 318' 0" to a point formed by the intersection of the northerly side of the said
Huntingdon Street and the easterly side of Fairhill Street (50' wide); Thence extending N.
11º 21' 00" E., along the easterly side of the said Fairhill Street, the distance of 400' 0" to
a point on the southerly side of a certain 4' 0" wide alley, which extends eastwardly from


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BILL NO. 070905 continued


City of Philadelphia                        - 2 -
the said Fairhill Street to Reese Street (40' wide); Thence extending S. 78º 39' 00" E.,
along the southerly side of the said alley, also partly passing through a wall, the distance
of 53' 5" to a point; Thence extending S. 11º 21' 00" W., passing through a wall, the
distance of 113' 8" to a point; Thence extending S. 78º 39' 00" E., passing through a
wall, the distance of 0' 7" to a point; Thence extending S. 11º 21' 00" W., passing
through a wall, the distance of 0' 1 ½" to a point; Thence extending S. 78º 39' 00" E.,
along the southerly face of a brick wall, also along a side of a certain variable width
easement, hereinafter more fully described, extending northwardly and eastwardly into
the said Reese Street, the distance of 30' 11 ¼" to a point; Thence extending N. 11º 21'
00" E., along the easterly face of a brick wall, also along a side of the said easement, the
distance of 42' 4 ½" to a point; Thence extending S. 78º 39' 00" E., along the face of a
brick wall, also along another side of the said easement, the distance of 8' 0" to a point;
Thence extending N. 11º 21' 00" E., along the easterly face of a brick wall, also along
another side of the said easement, the distance of 21' 8 ½" to a point; Thence extending
S. 78º 39' 00" E., along the southerly face of a brick wall, also along another side of the
said easement, the distance of 46' 0 ¾" to a point on the westerly side of the said Reese
Street; Thence extending S. 11º 21' 00" W., along the westerly side of the said Reese
Street, the distance of 7' 3 " to a point of curvature, being the beginning of a Cul-de-
Sac at the terminus of the said Reese Street; Thence extending southwestwardly, along
the westerly side of the said Reese Street, on the arc of a circle, curving to the right,
having a radius of 10' 0", a central angle of 78º 27' 47", and an arc distance of 13' 8 "
to a point of reverse curve; Thence extending southwardly along the westerly side of the
Cul-de-Sac of the said Reese Street, on the arc of a circle, curving to the left, having a
radius of 40' 0", a central angle of 168º 27' 47", and an arc distance of 117' 7 ¼" to a
point of tangency on the southerly terminus of the said Reese Street; Thence extending S.
78º 39' 00" E., partly along the southerly terminus of the said Reese Street, also partly
through a wall, the distance of 101' 0" to a point; Thence extending S. 11º 21' 00" W.,
the distance of 4' 0" to a point; Thence extending S. 78º 39' 00" E., partly passing
through a wall, the distance of 78' 0" to a point on the westerly side of the said Fifth
Street; Thence extending S. 11º 21' 00" W., along the westerly side of the said Fifth
Street, the distance of 250' 0" to the first mentioned point and place of beginning.

CONTAINING in total area 91,778.0 square feet or 2.10693 acres.

UNDER AND SUBJECT to a certain previously mentioned driveway easement,
to be used by the owners and occupiers of the property abutting thereon to the north, in
common with the owners and occupiers of the property described above, said driveway
easement being more particularly described as follows:

ALL THAT CERTAIN variable width easement, situate in the 19th Ward of the
City of Philadelphia, and described in accordance with a Survey & Plan of Property (BB-


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BILL NO. 070905 continued


City of Philadelphia                         - 3 -
36/267) made July 12, 1990 for the Philadelphia Industrial Development Corporation by
James E. Shomper, Surveyor & Regulator of the Sixth Survey District, as follows:

BEGINNING AT A POINT on the westerly side of Reese Street (forty feet
wide), at the distance of one-hundred forty-nine feet eight and one-half inches
southwardly from the southerly side of Lehigh Avenue; thence extending South eleven
degrees twenty-one minutes West, along the said westerly side of Reese Street, the
distance of seven feet three and five-eighths inches to a point of curve; thence extending
southwestwardly, still along the said westerly side of Reese Street, along the arc of a
circle curving to the right and having a radius of ten feet, the arc distance of three feet
nine and one-half inches to a point; thence extending North seventy-eight degrees
thirty-nine minutes West, along a non-tangent line, the distance of twenty-six feet ten and
three-fourths inches to a point; thence extending South eleven degrees twenty-one
minutes West, the distance of sixteen feet four and one-eighth inches to a point on the
said westerly side of Reese Street, said point being the beginning of a non-tangent curve
to which said beginning of curve a radial line bears North thirty-two degrees seventeen
minutes eighteen seconds West; thence extending southwestwardly, along the said
westerly side of Reese Street, along the arc of a circle curving to the left, the arc distance
of thirty-four feet ten and seven-eighths inches to a point; thence extending North
seventy-eight degrees thirty-nine minutes West, the distance of four feet ten inches to a
point; thence extending South eleven degrees twenty-one minutes West, the distance of
thirty-nine feet ten and one-half inches to a point; thence extending North seventy-eight
degrees thirty-nine minutes West, the distance of forty feet three inches to a point; thence
extending North eleven degrees twenty-one minutes East, the distance of thirty-four feet
seven and one-half inches to a point; thence extending South seventy-eight degrees
thirty-nine minutes East, the distance of thirty feet eleven and one-fourth inches to a
point; thence extending North eleven degrees twenty-one minutes East, the distance of
forty-two feet four and one-half inches to a point; thence extending South seventy-eight
degrees thirty-nine minutes East, the distance of eight feet to a point; thence extending
North eleven degrees twenty-one minutes East, the distance of twenty-one feet eight and
one-half inches to a point; thence extending South seventy-eight degrees thirty-nine
minutes East, the distance of forty-six feet and three-fourths inches to a point on the said
westerly side of Reese Street, said point being the FIRST MENTIONED POINT AND
PLACE OF BEGINNING.

CONTAINING IN AREA two-thousand eight-hundred forty-eight Square Feet
or six-thousand five-hundred thirty-eight one-hundred thousandths acres.

SECTION 2. The City Solicitor is hereby authorized to review and approve all
instruments and documents necessary to effectuate this Ordinance, which instruments and
documents shall contain such terms and conditions as the City Solicitor shall deem
necessary and proper to protect the interests of the City.


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BILL NO. 070905 continued


City of Philadelphia                     - 4 -
SECTION 3.  Net proceeds from the sale of this property shall be deposited in
the City's General Fund.




Bill No. 07090600.pdf
View original document

City of Philadelphia
City of Philadelphia                       - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070906


Introduced October 25, 2007


Councilmember Savage


Referred to the
Committee on Public Property and Public Works


AN ORDINANCE

Authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia,
to enter into an agreement to sublease from the Philadelphia Municipal Authority a
certain building located at 229 W. Allegheny Avenue, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. The Commissioner of Public Property, on behalf of the City of
Philadelphia, is hereby authorized to enter into an agreement to sublease from the
Philadelphia Municipal Authority a building located at 229 W. Allegheny Avenue. The
terms of the sublease shall be substantially in accordance with the Term Sheet attached
hereto as Exhibit A and incorporated herein by reference.

SECTION 2. The City Solicitor is hereby authorized to review and to approve
all instruments and documents necessary to effectuate this Ordinance, which instruments
and documents shall contain such terms and conditions as the City Solicitor shall deem
necessary and proper to protect the interests of the City of Philadelphia and carry out the
purpose of this Ordinance.


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BILL NO. 070906 continued


City of Philadelphia                 - 2 -












Bill No. 07090700.pdf
View original document

City of Philadelphia
City of Philadelphia                       - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070907


Introduced October 25, 2007


Councilmembers Savage, DiCicco and Krajewski


Referred to the
Committee on Rules


AN ORDINANCE

Amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by
amending Chapter 14-300, entitled "Commercial Districts," by adopting a new Section
14-310, entitled "Transit-Oriented Development District," under certain terms and
conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 14 of The Philadelphia Code is hereby amended by adopting a new
Section 14-310, entitled "Transit-Oriented Development District," to read as follows:

TITLE 14.  ZONING AND PLANNING.

*      *       *

CHAPTER 14-300.  COMMERCIAL DISTRICTS.

*      *       *

§14-310.  Transit-Oriented Development District.


§14-310.1  Transit-Oriented Development (TOD) District

(1) Legislative Findings.   The Council finds that:

(a) The current neighborhood commercial zoning classifications and associated
use and parking regulations applicable to these districts discourages transit-oriented
development, defined as development that supports the use of public transit, as well as
walking and bicycling. The City of Philadelphia can better support these modes of


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BILL NO. 070907 continued


City of Philadelphia                           - 2 -
transportation by establishing Transit-Oriented Development (TOD) Districts that
encourages mixed-use, higher-density development near transit stations.

 (b)The current C-1, C-2, and C-3 commercial districts do not contain site design
requirements that preserve the walkability and character of the public streets and street
walls formed by infill development, nor do they establish maximum and/or and minimum
building heights to protect adjacent residential areas from incompatible development.

(c) The current C-1, C-2, and C-3 districts permit development to be set back
from the property line and allow for automobile-oriented development.

(d) Given that the amount of commercial development promoted by existing
zoning in some commercial corridors exceeds the demand for such space, relaxing the
existing limitations on land uses within commercial corridors will contribute to the reuse
of existing buildings and promote mixed-use projects more responsive to market
conditions.

(e) Within areas designated as Transit-Oriented Development Districts,
additional density will be permitted. However this additional density should not create
structures incompatible with adjacent residential areas. Therefore, this section specifies
maximum building heights to prevent the erection of buildings that are out of scale with
their surroundings.

(f) To address the need to enhance existing commercial corridors located close
to transit, it is the intent of this section to encourage enhanced pedestrian amenities,
establish "build to lines," public open space, and buildings with well-designed street
frontage to create a positive impact on the appearance and function of the TOD elements
designated in this section.

(2)        Designation of Transit-Oriented Development (TOD) District  Elements:  The
following elements shall be designated for each TOD District and shall be
used to determine the land use and development standards applicable to
parcels zoned "Transit-Oriented Development District:"

(a) Designated Commercial Street:  The Designated Commercial Street is the
primary  public street that passes through the TOD District that has a
commercial character and is served by a fixed rail, elevated, or subway public
transit route.
(b) Designated Transit Stations: Designated transit stations are stations
located along the Designated Commercial Street.
(c)  Designated Station Area: Designated Station Areas are defined as the
area containing parcels located within a 1/8 of mile radius around designated
transit stations. In instances where only a portion of a parcel is included, the
Designated Station Area shall extend to the nearest street.


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BILL NO. 070907 continued


City of Philadelphia                        - 3 -
(d) Designated Station Access Streets:  Designated Station Access Streets are
streets intersecting the Designated Commercial Street within Designated
Station Areas.

(3) Use Regulations: The specific uses permitted in these districts shall be the
erection, construction, alteration, or use of buildings and/or land for:

(a) Single and multiple family residential;
(b) Retail sales;
(c) Professional offices;
(d) Any other use permitted in any residential district;
(e) Accessory off-street parking, provided that there will be no frontage on a
Designated Commercial Street;

(f)  The following uses shall be prohibited:

(.1)Automobile sales lot, automobile rental or leasing lot, automobile
repair or service station, the sale and installation of motor vehicle parts, and car wash
and cleaning services,

(.2)Commercial outdoor advertising and/or commercial non-accessory
advertising signs as permitted in §14-1604;

(.3)Accessory automobile service station for the dispensing of automobile
fuels, lubricants, fluids and/or accessories;

(.4)Public parking lot as a principal us;

(.5)Private parking lot as a principal use;

(.6)Restaurants, serving patrons who remain in their vehicles;

(.7) Vending machines, vendor stands and/or retail kiosks as the principal
use of a lot or as a use accessory to a parking lot;

(.8) Any regulated use as listed under Zoning Code §14-1605;

(.9) Fortune Telling Establishments, and;

(.10) Employment Agencies.

(.11) Establishments whose primary services offered are nail care related
such as manicures or pedicures, "nail salons"

(.12) Take-out only restaurants, establishments which only sell food to be
consumed off premises


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BILL NO. 070907 continued


City of Philadelphia                             - 4 -
(.13) Retail sale of variety store merchandise such as "dollar stores"

(.14)  Retail sale of used appliances


(4)        Area Regulations

(a)     Occupied Area: Buildings may occupy up to 100% of the lot area;
(b)     Open Area: Open area will not be required.

(5) Building 
Heights;

(a)     Maximum building heights: The maximum height of buildings
located within 650 feet of a Designated Transit Station shall be 75 feet and the
minimum floor to floor height of the floor located at street level shall be 15 feet.
The maximum height of buildings located within the boundaries of the Transit-
Oriented Development District with frontage on the Designated Commercial
Street shall be 55 feet and the minimum floor-to-floor height of the floor located
at street level shall be 15 feet. For buildings within the boundaries of the Transit-
Oriented Development District without frontage on the Designated Commercial
Street, the maximum height shall be 45 feet.

(6) Building Setbacks;  Set-back of buildings or structural elements of buildings shall
comply with the following requirements:

(a)           Buildings shall be built to the property line;

(b)           Buildings located adjacent to elevated structures that provide a
right of way for public transit vehicles are permitted a
maximum setback of 25 feet. Parking shall not be permitted in
the setback area;

(c)           Building entries: The main building entry must be located
along the Designated Commercial Street identified in this section. This entry may
be recessed up to 10 feet in addition to the permitted setback.  Building recesses
shall not exceed the height of the street level floor of the building;

(d)           Windows, Doors and Architectural Recesses. For facades
facing the Designated Commercial Street and within Designated Station Areas,
windows shall be required for a minimum of 70 percent of the façade area on the
ground floor, and a minimum of 30 percent on the upper floors.  On corner
properties, the regulations shall apply to all building street frontages.

(7) Active Space Requirements. All ground floor building spaces facing the
Designated Commercial Street within the TOD District shall have active uses.


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BILL NO. 070907 continued


City of Philadelphia                            - 5 -
(a)  Active Uses; The following uses, either individually or in combination, shall
qualify as active building spaces in meeting requirements for such space as set forth
herein:

(.1)Retail sales areas for merchandise, services, and restaurants;

(.2) Professional offices;

       (.3) Hotel and/or theater lobbies;

(.4)Libraries, museums, galleries and exhibition space;

(.5)Places of worship;

(.6) Post Offices, police and fire stations, and public health centers;

(.7) Enclosed public space, enclosed gardens, public rooms, through block
connections; and,

(.8)Entrances to public transit stations and/or the public transit
concourse.

(8) Allowable Floor Area:  Buildings in the TOD District shall have a minimum FAR
of 200% and a maximum FAR of 300%, except for properties located in the Designated
Station Areas which shall have a maximum FAR of 400%.

(a)  Additional Gross Floor Area Incentives.  An additional FAR of 100%
percent may be added to the FAR permitted in (8) above for buildings that
achieve a LEED certification and incorporate a green roof over 75 percent of the
building footprint. The LEED score for proposed projects shall be submitted as
part of the building permit application and shall be considered a building permit
requirement;


(b) Where a building setback is permitted, an additional FAR of 100%
percent may be added to the FAR permitted in (8) above for the provision of a
landscaped plaza, seating area, or green space along the Designated Commercial
Street compliant with the design guidelines of this section.

(9) Requirements for above ground parking garages and surface lots;  All above
ground parking garages located on lots abutting the Designated Commercial Street
identified in this section shall also comply with the following requirements:

(a) All parking garages located on lots abutting the Designated Commercial
Street identified in this section shall provide ingress and egress to the garage at a
location other than the Designated Commercial Street. There will be no curb cuts or
driveways permitted on the Designated Commercial Street;


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BILL NO. 070907 continued


City of Philadelphia                        - 6 -
(b) At every point where a driveway, whether for ingress or egress, crosses a
public sidewalk, the area of the sidewalk between the building line and the curb line,
equal in width to the driveway(s) shall be of a different color, texture or paving material,
in accordance with the standards of the Streets Department, so as to indicate and warn
pedestrians of the existence of the driveway;

(c) No surface parking lot or garage façade will be allowed on the Designated
Commercial Street. Garages shall have active ground floor uses on the Designated
Commercial Street, Designated Station Access Streets, and other pedestrian streets that
provide access from the surrounding neighborhood to the Designated Transit Station and
public open space;

(d) All permitted surface parking lots, which are accessory to a permitted use,
shall be subject to the following conditions:

(.1)The lot is to be screened from the Designated Commercial Street in this
section by a building complying with the development standards, including minimum
height, FAR, and design features, outlined in this section;

(.2)Along any street frontage, a surface parking lot shall have no more than
one curb cut for both ingress and egress, the maximum width of which shall not exceed
30 feet or 2 one-way curb cuts, the maximum width of which shall not exceed 16 feet in
width, provided that the curb cuts shall not occupy more than 50% of the street frontage,
the number of curb cuts allowed for any individual site is a maximum of two curb cuts
and the curb cuts allowable for loading and trash storage are included in the total;

(.3) All surface parking lots shall contain lighting designed so as to prevent
glare on abutting properties, but to provide a minimum amount of light equal to 2
horizontal foot candles on the lot and the abutting sidewalk.

(10)    Off-street Loading.  Every building shall provide off-street loading in
accordance with the following requirements:

(a) Location.  Every off-street loading space shall be located within a totally
enclosed structure. Each loading space shall also be located within the building it
serves, or in the case of multiple buildings, within an enclosed structure with
direct access to each building the loading spaces serve.

(b) Ingress and Egress.  Each individual loading space or group of loading
spaces shall be limited to one two-way curb cut with a maximum width of 30 feet
on the street frontage or 2 one-way curb cuts with a maximum width of 20 feet on
each street frontage. Every point where a driveway, whether for ingress or egress,
crosses a public sidewalk, the area of the sidewalk between the building line and
the curb line, equal in width to the driveway(s) shall be of a different color,
texture or paving material, in accordance with the standards of the Streets
Department, so as to indicate and warn pedestrians of the existence of the


City of Philadelphia

BILL NO. 070907 continued


City of Philadelphia                       - 7 -
driveway. The number of curb cuts allowed for any individual site is a maximum
of two curb cuts and the curb cuts allowable for parking and trash storage are
included in the total.

(.1)Common Loading.  Two or more buildings may share a common
loading area provided that the loading area is located within a commonly
accessible structure and further provided that the total number of loading spaces
provided shall be calculated on the basis of the sum of the loading spaces
required for each building the common spaces are intended to serve.  All parties
which share or will be sharing the loading area shall enter into a mutually
binding agreement running with the land which is satisfactory to the Law
Department of the City of Philadelphia and which indicates the rights of common
usage and obligations of each party.

(11)    Trash Storage. Every building shall provide off-street trash storage in
accordance with the following requirements:

(a) Location.  Every off-street trash storage area shall be located within the
building or within a completely enclosed trash storage area located on the same lot as
the building it serves;

(b) Ingress and Egress.  Each individual trash storage space or group of spaces
shall be limited to one two-way curb cut with a maximum width of 30 feet on the street
frontage or 2 one-way curb cuts with a maximum width of 20 feet on each street frontage.
At every point where a driveway, whether for ingress or egress, crosses a public
sidewalk, the area of the sidewalk between the building line and the curb line, equal in
width to the driveway(s) shall be of a different color, texture or paving material, in
accordance with the standards of the Streets Department, so as to indicate and warn
pedestrians of the existence of the driveway. The number of curb cuts allowed for any
individual site is a maximum of two curb cuts and the curb cuts allowable for loading and
parking are included in the total;

(c) Trash Storage for Retail Uses.  All newly constructed or substantially
renovated buildings which contain retail uses shall provide an area for off-street trash
storage within the building, within a completely enclosed structure on the same lot as the
building it serves, or within a common loading area.

(d) Garbage Disposal for Certain Retail Uses. Any restaurant in this district
placed on a lot after the effective date of this ordinance shall have a garbage disposal
system, within a completely enclosed structure on the same lot as the building it serves.

 (12) Parking Requirements: Within designated TOD Districts, parking for permitted
uses shall be reduced from the requirements in 14-400 as set forth in the provisions of
this section, and shall not exceed the maximum amount of required parking:


City of Philadelphia

BILL NO. 070907 continued


City of Philadelphia                           - 8 -
 (a) Parking for Existing Buildings: Parking for the reuse of existing buildings will
not be required.

(b) Parking for New Buildings: For new buildings, parking requirements shall be
reduced 25% for projects located within 1/4 mile of Designated Transit Station. The
existing on-street spaces located along the property shall count towards the required
parking for the project.  In projects less than 10,000 square feet in gross floor area,
and/or if the number of required parking spaces is less than five spaces, no parking shall
be required. There shall be no parking required for retail space.

 (c) Bicycle parking facilities shall be provided for all office and multi-unit
residential structures;

(d) There shall be a reservation for a shared car space for every 20 residential
units.

(13) Design Review for New Construction: Design review is required for new
buildings located within 1/4 mile of transit stations. No permits for new projects shall be
issued by the Department of Licenses and Inspections until such time as the Department
has been notified by the City Planning Commission of its comments and
recommendations.

(a) Prior to the issuance of any permits, zoning refusals, and/or references to the
Zoning Board of Adjustment, the Department of Licenses and Inspections shall refer the
plans for the proposed project to the City Planning Commission for review and comment;

(b) The applicant shall provide the City Planning Commission with a copy of the
application for a Zoning and/or Use Registration Permit and all information that the City
Planning Commission may deem necessary to carry out the review of the proposed
project, including but not limited to, architectural renderings and/or elevations of the
proposed facade, tabulation of floor area and FAR calculation, internal circulation plans
for each floor, location and direction of all curb cuts, documentation of proposed LEED
Certification, and streetscape design.

(c) The design guidelines for TOD Districts shall be posted on the City Planning
Commission website and made available by the City Planning Commission. These
guidelines contain the criteria that will be used to review proposed projects.


(14) Signage:
(a)There will be no signs allowed above the ground floor level.
(b)There will be no razor sign allowed.

14-310.2 Establishment of a Frankford Avenue Transit Oriented Development (TOD)
District:


City of Philadelphia

BILL NO. 070907 continued


City of Philadelphia                            - 9 -
(a)     Designated Commercial Street:  The Designated Commercial Street will
include commercially-zoned properties with street frontage on Frankford
Avenue from Cheltenham Avenue to The Frankford Creek.

(b)     Designated Transit Station: For the purpose of the Frankford Avenue TOD
District, Designated Transit Stations will include: Church Street,
Margaret-Orthodox, and the Frankford Avenue Transit Terminal.


(c)     Designated Station Area: Designated Station Areas are defined as parcels
or portions of parcels located within a 1/8 of mile radius around
Designated Transit Stations.

(d)     Designated Station Access Streets: For the purposes of the Frankford
Avenue TOD District, Station Access Streets shall be Church Street,
Orthodox Street, Margaret Street, Arrott Street, Oxford Street, Pratt Street,
and Bridge Street between Griscom Street and Darrah Street, within the
area mapped on the zoning maps with the TOD designation.


Explanation:
Italics indicate matter added.


City of Philadelphia

BILL NO. 070907 continued


City of Philadelphia                 - 10 -




Bill No. 07090800.pdf
View original document

City of Philadelphia
City of Philadelphia                        - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070908


Introduced October 25, 2007


Councilmembers Reynolds Brown and Kenney


Referred to the
Committee on Rules


AN ORDINANCE

Amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by
amending Section 14-102, entitled "Definitions," and creating a new Section 14-1631 of
The Philadelphia Code, entitled "Green Building Design Standards," to require certain
buildings to meet green building design standards, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHIILADELPHIA HEREBY ORDAINS:

SECTION 1. Section 14-102 of The Philadelphia Code, entitled "Definitions", is hereby
amended to add the following definitions, the existing definitions to be renumbered
accordingly:

§14-102. Definitions.

In Chapters 14-100 through 14-1800 inclusive, the following general definitions shall
apply:
*     *       *

(  )      Commission. The City Planning Commission.

*     *       *

( 
 
)       Green Building. Structures and their surrounding landscapes designed,
constructed, and maintained to decrease energy and water usage and costs, to improve
the efficiency and longevity of building systems, and to decrease the burdens imposed on
the environment and public health.

*     *       *


City of Philadelphia

BILL NO. 070908 continued


City of Philadelphia                        - 2 -
SECTION 2. A new Section 14-1631 of The Philadelphia Code, entitled "Green Building
Design", is hereby enacted, to read as follows:

§14-1631. Green Building Design

(a)  Purposes.

The Council of the City of Philadelphia declares the purposes of this section as follows:

(1)  To promote effective energy and environmental standards for construction,
rehabilitation and maintenance of buildings in Philadelphia.

(2)  To optimize the energy performance of buildings throughout Philadelphia.

(3)  To increase the demand for environmentally preferable building materials,
finishes and furnishings.

(4)  To improve environmental quality in this City by decreasing the discharge
of pollutants from buildings and their manufacture.

(5)  To create public awareness of new technologies that can improve the health
and productivity of building occupants by meeting advanced criteria for indoor air
quality.

(6)  To improve working conditions and reduce building-related health
problems.

(7)  To reduce Philadelphia's dependence upon imported sources of energy
through buildings that conserve energy and utilize local and renewable energy sources.

(8)  To protect and restore this City's natural resources by avoiding
development of inappropriate building sites.

(9)  To reduce the burden on municipal water supply and treatment by reducing
potable water consumption.

(10)  To reduce waste generation and to manage waste through recycling and
diversion from landfill disposal.


City of Philadelphia

BILL NO. 070908 continued


City of Philadelphia                            - 3 -
(11)  To improve the City's capacity to design, build and operate high-
performance buildings and, in doing so, to create new jobs and contribute to economic
growth.

(b)  Definitions.

(1)    Covered Building Projects. The erection of any structure exceeding 4,000
square feet in gross floor area, or the extension, rehabilitation, alteration, substantial
demolition or change of use of at least 50% of the gross floor area of any structure
exceeding 4,000 square feet in gross floor area, for which the applicant is required to
obtain a building or use permit, excluding structures whose primary use is as a single
family dwelling.


(c)  Green Building Design Standards.

(1)  Level of performance.--The performance required under the adopted Green
Building Design Standards shall be at or above the level beyond the minimum level
required by the selected standards.

(2)  Minimum criteria.--The Green Building Design Standards applicable to
this section shall meet the following minimum criteria:

                        (i)  Be consensus-based, as defined by the Office of Management and
Budget, Circular No. A-119, dated February 10, 1998.

                        (ii)  At a minimum, include performance-based categories or credits
that will foster achievement of the purposes set forth under subsection (a).

                         (iii)  Require documentation, verifiable calculations or the equivalent
procedure to substantiate and support any claim made relating to subsection (c)(2)(ii).

                         (iv)  Employ third-party, postconstruction review and verification for
achievement of certification.

                        (v)    Have  a  track  record  of certified green buildings in the United
States.


(3)  Energy Star ratings.--In addition to meeting the performance requirements
of the adopted Green Building Design Standards, all covered building projects are


City of Philadelphia

BILL NO. 070908 continued


City of Philadelphia                            - 4 -
required to achieve an Environmental Protection Agency Energy Star rating of 85 or
above.

(4)  Green Design Professionals.  All covered building projects shall employ at
least one LEED (Leadership in Energy and Environmental Design) certified designer or
architect who shall sign all plans and drawings submitted to the Commission.

(d)  Scope.

(1)  All covered building projects shall meet or exceed the standards as set forth
under subsection (b), and the levels of achievement to be defined by the Commission. No
permitted use shall be constructed or opened for occupancy unless the Commission
certifies, based on a review of the architectural plans and the pre-construction green
building certification from an appropriate rating organization or agency, that the
proposed design is in compliance with the provisions of this Section.

(2)    The Commission must act to accept or reject the submission within 30
days or the submission will be considered approved. No construction drawings will be
reviewed for purposes of building permits until after the Commission approves the design
development plans pursuant to subsection (1) above.

(e)  Regulations.

(1)  General rule.--The Commission, in consultation with any other Department
as designated by the Mayor, shall develop and issue regulations for complying with this
section. The purposes of the regulations shall be to:

                          (i)    Adopt  Green  Building Design Standards selected by the
Commission, in consultation with any other Department as designated by the Mayor,
from among accepted industry standards meeting the criteria prescribed in subsection
(b).

                        (ii)  Define reporting requirements for covered building projects.

                        (iii)  Define procedures and methods for verifying compliance with the
standards, as set forth in subsection (b), in the design and construction of covered
building projects.

(2)  Amendment.--The Commission, in consultation with any other Department
as designated by the Mayor, may amend the regulations as necessitated by the emergence
of new or modified high-performance building standards as defined under subsection (b).


City of Philadelphia

BILL NO. 070908 continued


City of Philadelphia                             - 5 -
(f)  Report.

The Commission shall prepare and submit annually a report to the Council. The report
shall at a minimum include:

         (1)  The number and type of  buildings designed and constructed utilizing each of
the rating systems recognized under this Section.

         (2)  The levels of certification of each building designed, constructed or renovated.

         (3)  Actual savings in energy costs.

         (4)  A description of all potential environmental benefits, including, but not limited
to, water resources savings and the reduction of waste generation.

         (5)  Any conflicts or barriers identified which hinder the effective implementation of
this act.

(g)  Monitoring and evaluation.

The Commission, in consultation with any other Department as designated by the Mayor,
shall develop and implement a process to monitor and evaluate the energy and
environmental benefits associated with each building project designed, constructed or
renovated under this act. The monitoring and evaluation of each building project shall
commence one year after the completion and occupancy of the building project and
continue for five years thereafter.

SECTION 3. Effective Date. This Ordinance shall take effect six months after final
approval.

______________________
Explanation:

Italics indicate new matter added.


City of Philadelphia

BILL NO. 070908 continued


City of Philadelphia                 - 6 -




Bill No. 07090900.pdf
View original document

City of Philadelphia
City of Philadelphia                        - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070909


Introduced October 25, 2007


Councilmember Campbell


Referred to the
Committee on the Disabled and the Handicapped


AN ORDINANCE

Amending Chapter 12-300 of The Philadelphia Code, entitled "Special Restrictions Upon
Use of Vehicles Around Wheelchair Lift Equipped Vehicles," by adding a new
subsection requiring that vehicles equipped with wheelchair lifts prominently display a
notice on the rear and on the sides of said vehicle of such wheelchair lift, under certain
terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  Chapter 12-300 of The Philadelphia Code is hereby amended by
renumbering an existing subsection and adding a new subsection to Section 12-301, to
read as follows:

CHAPTER 12-300.   SPECIAL RESTRICTIONS UPON USE OF VEHICLES
AROUND WHEELCHAIR LIFT EQUIPPED VEHICLES.

§12-301.  Meeting or overtaking wheelchair lift equipped vehicle while utilizing
wheelchair lift.

(a )Except as provided . . .
*                              *                            *

(b) A wheelchair lift equipped vehicle shall prominently display on the rear and on the
sides of said vehicle a notice that is clear and conspicuous  that said vehicle is equipped
with and uses a wheelchair lift device.

SECTION 2.  This Ordinance shall take effect immediately upon enactment.


City of Philadelphia

BILL NO. 070909 continued


City of Philadelphia                 - 2 -




Bill No. 07091000.pdf
View original document

City of Philadelphia
City of Philadelphia                       - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070910


Introduced October 25, 2007


Councilmember Campbell


Referred to the
Committee on Commerce and Economic Development


AN ORDINANCE

Amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by
adding provisions requiring the City to pay its vendors promptly and requiring City
vendors to pay their subcontractors promptly, all under certain terms and conditions.


THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:


SECTION 1.  Title 17 of The Philadelphia Code is hereby amended to read as

follows:


TITLE 17.  CONTRACTS AND PROCUREMENT.

*             *              *

CHAPTER 17-1700. PROMPT PAYMENT OF CITY VENDORS AND THEIR
SUBCONTRACTORS.

§17-1701. Definitions.

(1)     Procurement Contract. A contract under which the City procures goods or
services, whether or not such contract is subject to competitive bidding.

(2)     Vendor. A person providing goods or services under a Procurement
Contract.


City of Philadelphia

BILL NO. 070910 continued


City of Philadelphia                         - 2 -
§17-1702. Prompt Payment of City Vendors.

(1)     It is the policy of the City of Philadelphia that a Vendor should be paid
promptly. In furtherance of this policy, all Procurement Contracts shall include
provisions, in form approved by the City Solicitor, to carry out the following Vendor
"prompt payment" requirements:

(a)     The City shall specify a time period (the "Prompt Payment
Period") within which it will pay invoices properly submitted by a Vendor. The Prompt
Payment Period need not be uniform for all Procurement Contracts, but it shall not
exceed thirty (30) days unless a greater period of time, not to exceed sixty (60) days, is
reasonably required for the City to determine whether goods have been properly
provided or services have been properly performed.

(b)     If the City fails to make full payment within the Prompt Payment
Period, the City shall pay interest on any unpaid amounts at the rate of one and one-half
percent (1.5%) per month or part of a month until payment is made, beginning at the
expiration of the Prompt Payment Period, except as follows:

(i)     If the form of an invoice is incorrect, defective or otherwise
improper, the City shall within ten (10) days after receiving the invoice notify the Vendor
that it must resubmit a corrected invoice. If the City fails to so notify the Vendor within
such ten (10) day period, the invoice will be deemed correct as to form.

(ii)    The City may refuse payment of an invoice, in whole or in
part, to the extent the City in good faith believes that the Vendor failed to perform
properly under the Procurement Contract, but only if the City, within the Prompt
Payment Period, provides written notice to the Vendor detailing the Vendor's failure to
perform properly.

(c)     A Procurement Contract may include provisions for the resolution
of any disputes arising under these "prompt payment" requirements.

§17-1703. Prompt Payment of Subcontractors.

(1)     It is the policy of the City of Philadelphia that any subcontractor retained
by a Vendor under a Procurement Contract should be paid promptly by the Vendor after
the Vendor receives payment from the City. Council also finds with respect to
Procurement Contracts subject to the "lowest responsible bidder" requirement that a
Vendor who does not make prompt payments to its subcontractors is not a responsible
bidder. In furtherance of that policy and that finding, all Procurement Contracts shall


City of Philadelphia

BILL NO. 070910 continued


City of Philadelphia                               - 3 -
include provisions, in form approved by the City Solicitor, obligating the Vendor to carry
out the following subcontractor "prompt payment" requirements:

(a)       After a Vendor receives payment from the City for labor, services,
or materials furnished by a subcontractor retained by the Vendor, the Vendor shall pay
the subcontractor within the same time period that the City was required to pay the
Vendor (the "Prompt Payment Period").

(b)       If a Vendor fails to make payments to a subcontractor within the
Prompt Payment Period, the Vendor shall pay interest on any outstanding amounts at the
rate of one and one-half percent (1.5%) per month or part of a month, beginning at the
expiration of the Prompt Payment Period, except as follows:

(i)      If the subcontractor has submitted an invoice to the Vendor
and the invoice is incorrect, defective or otherwise improper, the Vendor shall within ten
(10) days after receiving the invoice notify the subcontractor that it must resubmit a
corrected invoice. If the Vendor fails to so notify the subcontractor within such ten (10)
day period, the invoice will be deemed correct as to form.

(ii)     The Vendor may refuse to pay a subcontractor within the
Prompt Payment Period if the Vendor in good faith believes that the subcontractor failed
to perform its obligations to the Vendor in a proper manner, but only if the Vendor,
within the Prompt Payment Period, provides written notice to the subcontractor detailing
the subcontractor's failure to perform properly.

(c)       The obligation of the Vendor to pay subcontractors promptly shall
be passed along to all subcontractors and sub-subcontractors at any tier.

(d)       Agreements between a Vendor and a subcontractor and a
subcontractor and a sub-subcontractor at any tier may include provisions for the
resolution of any disputes arising under these "prompt payment" requirements.

___________________________________
Explanation:

[Brackets] indicate matter deleted.
Italics indicate new matter added.


City of Philadelphia

BILL NO. 070910 continued


City of Philadelphia                 - 4 -




Bill No. 07091100.pdf
View original document

City of Philadelphia
City of Philadelphia                        - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070911


Introduced October 25, 2007


Councilmember Clarke


Referred to the
Committee on Commerce and Economic Development


AN ORDINANCE

Amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by
increasing the threshold amount that invokes requirement of the Economic Opportunity
Plan, and excepting single family households, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHIILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 17 of The Philadelphia Code, entitled "Contracts and Procurement,"
is hereby amended to read as follows:

TITLE 17. CONTRACTS AND PROCUREMENT.

*        *          *

CHAPTER 17-1600.  ECONOMIC OPPORTUNITY PLANS.

§17-1601.  Definitions.

 (1) Covered Project or Contract. Any of the following, so long as the total value
of such contract, development project or financial assistance is reasonably anticipated to
exceed [$250,000] $1,000,000 (notwithstanding any other dollar or percentage minimums
set forth in any incorporated definition), and excluding single family dwellings where the
scope of the work is limited to homeowner renovation:

*         *         *


§17-1602.  Economic Opportunity Plan Required.


City of Philadelphia

BILL NO. 070911 continued


City of Philadelphia                           - 2 -
*     *     *


(2) No bidder on a contract that meets the following requirements shall be
considered responsible, or eligible for such contract, unless such bidder agrees to abide
by the terms of an Economic Opportunity Plan:

(a) Any contract for the purchase of services, including any public works
contract, for which the Procurement Department solicits sealed bids under Section 8-
200(2) of the Home Rule Charter and which is reasonably anticipated to cost the City
more than [$250,000] $1,000,000.

(b) Any City concession contract for which the Procurement Department
solicits sealed bids under Section 8-201 of the Home Rule Charter and which is
reasonably anticipated to produce revenue to the City of more than [$250,000]
$1,000,000.

*     *     *


___________________________________
Explanation:

[Brackets] indicate matter deleted.
Italics indicate new matter added.




Bill No. 07091200.pdf
View original document

City of Philadelphia
City of Philadelphia                           - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070912


Introduced October 25, 2007


Councilmember Clarke and Council President Verna


Referred to the
Committee on Public Health and Human Services


AN ORDINANCE

Amending Section 6-301 of The Philadelphia Code, entitled "Food Establishments," by
establishing the licensing fee and licensing requirements for food establishments with
seating for 30 or less patrons where the preparation or serving of food and/or beverages is
primarily for consumption off the premises, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Section 6-301 of The Philadelphia Code is amended to read as follows:

§ 6-301. Food Establishments.

*       *       *

(4)         Except as provided in § 6-301(5) the license fee for food establishments
selling food is:

(a)    Food establishments where food is prepared or served for
consumption on or off the premises, including but not limited to, eating and drinking
establishments and caterers, and which are not subject to the terms of §6-301(4)(k):

*       *       *

(k)    Food establishments with seating for no more than 30 patrons
where food and/or beverages are primarily prepared or served for consumption off the
premises, including but not limited to delicatessens, convenience stores and grocery
stores, two hundred twenty ($220) dollars.

*       *       *


City of Philadelphia

BILL NO. 070912 continued


City of Philadelphia                         - 2 -
(7)     In addition to the requirements set forth in §6-301(6), every food
establishment with seating for no more than 30 patrons where food and/or beverages are
primarily prepared or served for consumption off the premises shall be conducted,
operated, and maintained in accordance with the following additional requirements:

(a)     The posting of at least one "NO LOITERING" sign on the outside of the

premises in plain view of passersby combined with the taking of reasonable steps in order

to disperse any persons from loitering outside of the premise, including where warranted

providing prompt notice to law enforcement authorities.

(b)     The maintenance of sanitary restrooms for patrons in good working order

with clearly visible signs indicating their availability.

(c)     The provision of suitable chairs and tables for at least 30 patrons.

(d)     The restriction of advertising signage to at most 33% of available window,

interior wall and counter space.

(e)     The maintenance of cleanliness of the sidewalk area abutting the premises

during all hours in which the establishment is in operation.

(f)     The prohibition of any pay telephones on the exterior walls and anywhere

in the interior of the premises.

(g)     The installation and continuous operation of video surveillance cameras

with a clear and unobstructed view of the exterior, along with the posting of signs

indicating the presence and use of such cameras.

(h)     The continued compliance with all federal, state and local laws applicable

to the operations of the food establishment.


City of Philadelphia

BILL NO. 070912 continued


City of Philadelphia                            - 3 -
[(7)] (8)

*     *       *

[(8)] (9)

*     *       *

SECTION 2. This Section shall go into effect immediately upon becoming law.

______________________

Explanation:

[Brackets] indicate matter deleted.
Italics indicate new matter added.


City of Philadelphia

BILL NO. 070912 continued


City of Philadelphia                 - 4 -




Bill No. 07091300.pdf
View original document

City of Philadelphia
City of Philadelphia                           - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 070913


Introduced October 25, 2007


Councilmember Clarke and Council President Verna


Referred to the
Committee on Rules


AN ORDINANCE

Amending Section 14-1605 of The Philadelphia Code, entitled "Regulated Uses," by
adding Take-out Restaurants and Small Retail Food Establishments to the list of
designated regulated uses, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Section 14-1605 of The Philadelphia Code is amended to read as follows:

§ 14-1605. Regulated Uses.

*             *    *

(2)    Definitions.

*             *    *

(v)    Take-out Restaurant. An establishment engaged in the preparation
and retail sale of food and beverages which serves food and/or beverages in disposable
packaging and/or containers for consumption by patrons on or off the premises,
including but not limited to delicatessens and/or a restaurant with thirty (30) or less
seats.
(w)    Small Retail Food Establishment. An establishment having less
than 5,000 square feet of floor area, including, but not limited to candy stores and drug
stores without soda fountains, grocery, meat markets, and other food stores.


(3)    Application. The following uses are designated as regulated uses:


City of Philadelphia

BILL NO. 070913 continued


City of Philadelphia                             - 2 -
*      *       *

(s)       Take-out Restaurants;

(t)       Small Retail Food Establishments;

*      *       *

SECTION 2. This Section shall go into effect immediately upon becoming law.

______________________

Explanation:

[Brackets] indicate matter deleted.
Italics indicate new matter added.




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