[Adopted 10-5-1970 by Ord. No. 1970-14]
[Amended 11-26-2013 by Ord. No. 2013-5]
Every owner of real estate in the Borough of Millersville along, adjacent to, or abutting on a public street is hereby required to lay out and construct, and permanently maintain, both a curb and a sidewalk along such street or streets unless the abutting street is identified in §§ 320-12, 320-13, or 320-14 below. In such case the owner of the real estate along, adjacent to or abutting a designated street is required to lay out and construct curb and/or sidewalk as designated in such sections.
A.
No curb or sidewalk shall be laid out, constructed,
reconstructed or materially repaired by any person, firm or corporation
unless a permit therefor shall have been obtained from the Borough
Secretary. No permit shall be issued by the Borough Secretary until
the person, firm or corporation making application shall submit plans
showing that the location, length, width, depth, grade and design
of the proposed curb and sidewalk, or repair thereto, are in conformity
with the standards prescribed therefor by the Borough Engineer. Where
special circumstances exist, special standards shall be applied in
the interest of public safety and the best interests of the Borough.
B.
All curbs and sidewalks shall be constructed in a
workmanlike manner and shall be made of concrete, unless written permission
for some other suitable material is obtained from the Borough Council.
Written approval of the work must be obtained from the Borough Secretary
or his deputy upon completion thereof. Failure to obtain such approval
shall subject the party responsible therefor to the remedies and penalties
hereinafter described.
Where required by this article, work on the
construction of curbs and sidewalks shall commence within 30 days
from the date of the enactment of this article and shall proceed with
due diligence upon proper notification from the Borough Secretary.
Where streets are added by ordinance to the list of designated streets,
the property owners thereon shall commence work within 30 days of
the date of enactment of such ordinance. Where such compliance would
work a hardship on the property owner, said owner may make written
application for an extension of time to the Borough Council.
All curbs and sidewalks now in existence or
hereafter constructed shall be kept in good repair and in safe and
usable condition.
[Amended 6-7-1982 by Ord. No. 1982-35; 5-7-1984 by Ord. No.
1984-7; 7-25-1995 by Ord. No. 1995-5]
A.
Upon neglect of any property owner to comply with
any provision of this article, the Borough may, after 20 days' notice,
have the laying out, grading, constructing or repairing of curbs and
sidewalks done by the Borough. The cost of that work, plus 10% additional,
together with all charges and expenses, shall be assessed against
that property owner and may be collected by municipal claim or action
in assumpsit.
B.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days; provided that, after receiving notice of any violation, each day thereafter shall constitute a separate offense until the violation is remedied; and provided, further, that the penalties prescribed in this subsection may be in addition to any amount assessed and collected under Subsection A of this section.
Any and all notices required by this article
shall be served on the owner of the premises to which the notice refers
if such owner is a resident of the Borough. If the owner is not a
resident, then the notice may be served upon the agent or tenant of
the owner or upon the occupant of such premises. If the owner has
no agent or tenant or there is no occupier of such premises, then
service shall be by notice posted upon the premises.
[Amended 6-7-1982 by Ord. No. 1982-35; 6-4-1984 by Ord. No.
1984-8; 7-7-1986 by Ord. No. 1986-7; 5-12-1988 by Ord. No.
1988-2; 7-10-1989 by Ord. No. 1989-5; 11-26-2013 by Ord. No.
2013-5]
The owners of real estate adjacent to the following streets
shall not be required to lay out or construct curbs or sidewalks:
Street
|
Side
|
From
|
To
|
---|---|---|---|
Ann Street
|
Both
|
Shenks Lane
|
End
|
Bender Avenue
|
Both
|
Manor Avenue
|
End
|
Breneman Avenue
|
Both
|
North George Street
|
High School Avenue
|
Cemetary Road
|
Both
|
Manor Avenue
|
Northern Borough municipal line
|
Circle Avenue
|
Both
|
Herr Avenue
|
Cul-de-sac
|
Colonial Avenue
|
Both
|
Western property line of 10 Colonial Avenue
|
End
|
Creek Drive
|
Both
|
Northeast corner of Tax Account No. 440-67692-0-0000 (Conestoga
River)
|
Borough line
|
Crossland Pass
|
Both
|
South Duke Street
|
Eastern Borough municipal line
|
Gable Park Road
|
East
|
Friends Lane
|
Millersville Pike
|
Heisey Avenue
|
Both
|
Leaman Avenue
|
Wabank Road
|
High School Avenue
|
Both
|
Ann Street
|
East Charlotte Street
|
Kauffman Alley
|
Both
|
Landis Avenue
|
Kready Avenue
|
Leaman Avenue
|
Both
|
Manor Avenue
|
Heisey Avenue
|
Mary Street
|
Both
|
West Frederick Street
|
End
|
Millersville Road
|
West
|
Millersville Pike
|
Northern Borough municipal line
|
Murray Cross Way
|
Both
|
Crossland Pass
|
Eastern Borough municipal line
|
Ridge Avenue
|
East
|
East Charlotte Street
|
Kready Avenue
|
Shertzer Lane
|
Both
|
South entrance food market
|
Borough line
|
Shertzer Lane
|
West
|
South entrance food market
|
Manor Avenue
|
South Duke Street
|
East
|
Crossland Pass
|
Borough line
|
West Frederick Street
|
South
|
North Duke Street
|
228 West Frederick Street
|
[Amended 1-8-1979 by Ord. No. 1979-1; 6-7-1982 by Ord. No.
1982-35; 5-7-1984 by Ord. No. 1984-7; 11-10-1998 by Ord. No.
1998-6; 11-26-2013 by Ord. No. 2013-5]
The owners of real estate adjacent to the following
streets are required to lay out and construct curbs along those streets
according to other sections of this article:
Street
|
Side
|
From
|
To
|
---|---|---|---|
Allen Drive
|
Both
|
Glen Oaks Drive
|
Blue Ridge Drive
|
Barbara Street
|
West
|
Wabank Road
|
Spring Drive
|
Blue Ridge Drive
|
Both
|
Pilgrim Drive
|
Wabank Road
|
Briargate Place
|
Both
|
Laurelgate Place
|
Cul-de-sac
|
Broadlawn Circle
|
Both
|
Fresh Meadow Drive
|
End
|
Cedar Hurst Circle
|
Both
|
Saint Regis Lane
|
End
|
Creek Drive
|
Both
|
Pucillo Drive
|
Conestoga River
|
East Charlotte Street
|
South
|
North George Street
|
High School Avenue
|
East Cottage Avenue
|
North
|
Spring Drive
|
Barbara Street
|
Fresh Meadow Drive
|
Both
|
Pilgrim Drive
|
Blue Ridge Drive
|
Friends Lane
|
Both
|
Gable Park Road
|
Pilgrim Drive
|
Gable Park Road
|
West
|
Friends Lane
|
Millersville Pike
|
Glen Oaks Drive
|
Both
|
Fresh Meadow Drive
|
Fresh Meadow Drive
|
Green Hills Drive
|
Both
|
Millersville Pike
|
Fresh Meadow Drive
|
Laurelgate Place
|
Both
|
Crossland Pass
|
Cul-de-sac
|
Locust Point Lane
|
Both
|
Green Hills Drive
|
End
|
Millersville Road
|
East
|
Millersville Pike
|
Northern Borough municipal line
|
Millersville Road
|
East
|
Wabank Road
|
East Charlotte Street
|
Model Avenue
|
South
|
High School Avenue
|
North George Street
|
North Duke Street
|
West
|
West Frederick Street
|
143 North Duke Street
|
Oak Ridge Drive
|
Both
|
Saint Regis Lane
|
Blue Ridge Drive
|
Old Cove Lane
|
Both
|
Fresh Meadow Drive
|
End
|
Pilgrim Drive
|
Both
|
Millersville Pike
|
Wabank Road
|
Quaker Hills Road
|
Both
|
Pilgrim Drive
|
Allen Drive
|
Saint Regis Lane
|
Both
|
Pilgrim Drive
|
Glen Oaks Drive
|
Spring Drive
|
East
|
East Cottage Avenue
|
New Street
|
Stonegate Court
|
Both
|
Murray Cross Way
|
Cul-de-sac
|
Thorngate Place
|
Both
|
Murray Cross Way
|
Cul-de-sac
|
Timber Point Lane
|
Both
|
Pilgrim Drive
|
End
|
Village Green Lane
|
Both
|
Fresh Meadow Drive
|
Glen Oaks Drive
|
Wabank Road
|
Both
|
Millersville Road
|
Eastern borough municipal line
|
Wabank Road
|
East
|
Barbara Street
|
Manor Avenue
|
Walnut Lane
|
Both
|
Fresh Meadow Drive
|
End
|
West Frederick Street
|
South
|
South Duke Street
|
North Duke Street
|
Windgate Court
|
Both
|
Crossland Pass
|
Cul-de-sac
|
[Amended 6-7-1982 by Ord. No. 1982-35]
The owners of real estate adjacent to the following
streets are required to lay out and construct sidewalks along those
streets according to other sections of this article:
Streets
|
Side
|
From
|
To
|
---|---|---|---|
Kready Avenue
|
Both
|
North George Street
|
Herr Avenue
|