Unless otherwise authorized by the municipal authority, it shall
be unlawful for any person to paint, stencil or mark the sidewalk
or curb of any public street in this Borough.
It shall be unlawful for any person to cross over or upon the
paved curb or paved sidewalk of any public street in this Borough
with any, automobile, truck, motorcycle, or other vehicle, except
at driveways.
A.
It shall be unlawful for any person to cut, replace, remove or destroy
any curb or sidewalk, on any public street, except as hereinafter
provided and without having a lawful permit issued by this Borough
for the purpose of constructing a driveway as hereinafter set forth.
B.
Nothing in this article shall be construed to prevent any property
owner from constructing or reconstructing any sidewalk or curb in
accordance with the requirements of the municipality, since it is
the public policy of this municipality to strive for the improvement
of curbs and sidewalks on public streets.
Any person desiring to cut the curb on any public street for
the purpose of affording a driveway from the public street to or upon
his/her or another's property shall:
A.
Make a written application to this Borough for permission to do so.
The application shall contain:
(1)
The exact location of the proposed cut in the curb.
(2)
A lot plan drawn to scale showing any driveway presently located
on the property and the location of the proposed driveway and proposed
curb cut.
(3)
The name and address of each owner of the property affected.
(4)
If the owner is not the applicant, said owner shall sign his/her
consent on the application.
B.
State in said application that the applicant will construct the driveway,
at least from outside of the curbline to the inside of the sidewalk
line, at the grade or grades designated therefor by the Borough and
sufficiently sturdy so that the proposed vehicular traffic in said
driveway will not break or damage the curb, sidewalk or public street.
C.
Accompany his/her application with the proper fee.
D.
Show in the application the name and address of each owner of property
affected. If the owner is not the applicant, said owner shall sign
his/her consent on said application.
[Amended 12-20-2010 by Ord. No. 2010-18 (1090)]
A fee of $25 shall be paid to the Borough with each application.
The fee shall defray the cost of accepting and filing the application,
checking and considering the same, granting or refusing to grant the
permit and, if the permit is granted, for one inspection of the job
by the Building Inspector or Borough Engineer. If any additional inspection
is made necessary by the delay, negligence, improper construction
or other fault of the applicant, an additional fee of $25 for each
additional inspection may be charged by the Borough to the applicant.
No permit shall be granted for any driveway of a width greater
at the curbline than 12 feet, except that in those instances in which
a two-car garage is located on the premises and the front wall of
the garage is set back not more than 35 feet from the curb adjacent
to the premises, a driveway width of not greater than 20 feet at the
curbline shall be granted. Each permit shall expire three months after
issuance.
Any person, firm or corporation that shall be convicted of a
violation of a provision of this article shall, upon conviction whereof
by any court authorized by law to hear and determine the matter, be
subject to a fine of no less than $100 and no more than $1,000, imprisonment
not to exceed 90 days or community service of not more than 90 days,
or any combination of fine, imprisonment and community service, as
such court in its discretion may impose. Each day that such violation
exists shall constitute a separate offense.
