Clear sight triangle. On corner lots, there shall
be provided and maintained on the lot a clear sight triangle as measured
back 50 feet from the projected intersection of the cartways. It will
be measured along the nearest edge of the existing cartways. Within
such area, no planting or other visual obstruction shall be permitted
at a height between 30 inches and 96 inches above the nearest cartway
elevation that (in the opinion of the Borough Engineer) will interfere
with driver visibility. All such clear sight triangles shall be depicted
upon proposed subdivision and land development plans and sketch plans
for zoning permit applications. This subsection shall not apply to
the Central Core Zoning District, to intersections that are signalized,
to intersections that are controlled by a four-way stop and to the
intersection of an alley and a street.
Procedure. A written notice shall be given to the
property owner to comply within 30 days. If the owner disagrees, he
may appeal to the Office of the Borough Manager within 14 days of
mailing of the notice or personal service. After giving the property
owner an opportunity to be heard, the Borough Manager or his designee
shall make a final decision. Any violation of this provision shall
be deemed a public nuisance and may be abated by the Borough and a
municipal lien enforcement procedure used to recover the cost of abatement.
Penalties. In addition to the cost of abatement, if any, any person
and/or entity violating any and/or all of the provisions of this section
shall, upon conviction thereof, be guilty of a summary offense and
sentenced to pay a fine of not more than $25 plus court costs and
reasonable attorney fees and, in the event of default of payment,
such violator may be sentenced to imprisonment for a period not to
exceed five days. Each day and/or each violation by the same person
and/or entity shall be considered a new and separate violation of
the Code of the Borough of Chambersburg.