[Adopted 4-28-1992 as Ord. No. 3-1992]
A. 
The grading of sidewalk areas and the constructing and repairing of sidewalks, curbs, retaining walls and driveway entrances along the streets and alleys of the Borough of Kutztown (hereinafter referred to in this article as the "Borough") shall be done by the owner or owners of the lot or lots abutting thereon in accordance with the lines and grades established by ordinances as shown on the topographical survey of the Borough or in accordance with details shown in the Appendix to this article, which Appendix is made a part of this article, copies thereof being on file with the Borough Code Office.
[Amended 2-10-1998 by Ord. No. 2-1998]
B. 
It is hereby declared unlawful for any person, firm, corporation, trust or other entity to grade any sidewalk area or construct or repair any sidewalk, curb, driveway entrance or front or rear retaining wall within the Borough, except in compliance with the provisions of this article and the requirements for persons with disabilities as required by the Americans with Disabilities Act of 1990.
[Amended 12-26-1995 by Ord. No. 12-1995]
C. 
Any person, firm, corporation, trust or other entity desiring to grade any sidewalk area, which is defined as the area located between the curbline and the building line as from time to time shown on the topographical survey of the Borough, or desiring to construct or repair any sidewalk, curb, driveway entrance or front or rear retaining wall shall first obtain a permit therefor from the Borough Code Office, which permit will be issued only after the following conditions have been satisfied:
[Amended 12-26-1995 by Ord. No. 12-1995; 2-10-1998 by Ord. No. 2-1998]
(1) 
The filing of a written application with the Borough Code Office upon such form as is approved by the Council of the Borough (hereinafter referred to in this article as the "Borough Council"), by resolution, setting forth the location, purpose and detailed description of the improvement;
(2) 
The approval of said application by the Borough Code Enforcement Officer;
(3) 
The payment of a permit fee as set from time to time by resolution of the Borough Council[1] to the Borough Code Office at the time of the filing of the application, which fee shall be the total fee per property regardless of the number of improvements set forth in the application; and
[1]
Editor's Note: See Ch. A231, Fees.
(4) 
In all cases of new construction of any curb or of resetting any curb in excess of 10 feet in length, and in the case of any other type improvement when requested by the applicant, upon approval of Borough Council, the Borough Engineer shall furnish the applicant with necessary lines and/or grades, the cost of which shall be paid for by the Borough; provided, however, that in the event the applicant does not commence work within 90 days of the date that the Borough Engineer provided the necessary lines and/or grades and additional work is required to reset and/or to resubmit lines and/or grades, the applicant shall reimburse the Borough for such work. A permit shall be effective for a period of 90 days from the date of issuance and may, prior to expiration of the original or renewal period, be renewed by the Borough Code Office for an additional period of 90 days upon application and payment of $5 for each additional 90 days by the person, firm or corporation to whom or which the original permit was issued. Permits shall not be transferable.
D. 
All sidewalk areas shall be graded, and all sidewalks, curbs, driveway entrances and front or rear retaining walls shall be constructed, reconstructed or repaired only on the grades and lines as shown on the topographical survey of the Borough and furnished by the Borough Engineer in accordance with the following provisions:
(1) 
All sidewalk areas shall conform to curb grades, except that the area shall have a one-fourth-inch ascending pitch per foot measured from the outside curbline to the building line of the respective lot or property.
(2) 
All separate curbs shall be eight inches wide across the top and nine inches wide at the gutter line, with a seven-inch reveal, except as directed by the Borough Code Enforcement Officer or required by the provisions of § 192-23 of this article, and shall extend for that width to a minimum depth of 18 inches from the top of the finished curb so long as that depth is sufficient to achieve a compacted, firm, even subsurface. If 18 inches of depth is insufficient to achieve such compacted, firm, even subsurface, the depth of the curb shall be increased to such depth as is necessary to achieve such subsurface.
[Amended 12-10-2002 by Ord. No. 13-2002]
(3) 
The outside edge of all sidewalks shall be set back four feet from the inside face of the curb, and a grass plot area shall separate the curb from the sidewalk; provided, however, that where the sidewalk area is less than 10 feet in width, then the concrete portion of the sidewalk shall be constructed next to the inside face of the curb. In addition, where no grass plot exists at the time, the then-existing sidewalk is to be repaired, replaced or extended along the same property. Upon approval of the Borough Code Enforcement Officer, the sidewalk may be repaired, replaced or extended along the same property in the same manner as the existing sidewalk.
[Amended 5-24-1994 by Ord. No. 2-1994]
(4) 
When new curb and/or driveways are to be constructed along existing paved streets, the street paving shall be neatly saw cut prior to the excavation for the placement of forms. In the case of existing curb and/or driveways to be replaced, the adjacent street paving shall be neatly saw cut prior to the removal of the existing curb and/or driveway, and the area to be excavated between the saw cut and existing curb shall be of sufficient width for the placement of forms. On rigid paved streets, only the flexible overlay paving, if same exists, shall be saw cut as directed by the Borough Code Enforcement Officer or Borough Street Department representative so as to prevent peeling of the overlay material. Upon the completion and approval of the new curb, the street opening shall be restored to the same condition as existed prior to the permitted work or as directed by the Borough Code Enforcement Officer or Borough Streets Department representative. No surface gutters are permitted on newly constructed sidewalks. All drains shall be installed under sidewalk areas and shall be constructed of three-inch cast-iron pipe or PVC Schedule 40 plastic pipe, which shall be placed in a four-inch sleeve through the curb and in such a manner that the top of the sleeve will be three inches below the top of the curb with scored joints placed vertically to the center line of the sleeve; provided, however, that whenever the installation of such pipe may, in the opinion of the Borough Code Enforcement Officer, have an effect upon the sidewalk and/or curb in the immediate area of the proposed installation, which would cause deterioration, then upon appropriate application by the property owner, other materials approved by the Borough Code Enforcement Officer may be installed, and such installation shall be in accordance with the terms of such approval. All sidewalks shall not be less than five inches in thickness, and the surface shall have a one-fourth-inch pitch per linear foot ascending from the outside face of the curb. Sidewalks shall be constructed four feet wide in sidewalk areas of less than ten feet in width, as shown on the topographical survey of the Borough, and sidewalks shall be constructed five feet wide in sidewalk areas having a width of 10 feet or more, as shown on the topographical survey of the Borough. Notwithstanding anything to the contrary contained in this article, all sidewalks shall conform, as to width to the majority type of then existing sidewalks in the same block, except as provided for in § 192-23.
[Amended 12-26-1995 by Ord. No. 12-1995; 3-12-2002 by Ord. No. 1-2002]
(5) 
Except as hereinafter provided, all driveway entrances shall have a minimum curb radius of two feet and a maximum curb radius of four feet eight inches on each side, shall have the outside edge raised 13/4 inches above the flow line of the gutter and shall have a straight slope therefrom to the prescribed outside sidewalk edge located four feet eight inches from the outside face of the curb and shall have a sidewalk surface of the same grade and width prescribed for sidewalks, and all driveway entrances, including slope and sidewalk surface, shall be eight inches in thickness. No single driveway entrance for a one-car garage shall be constructed with a frontage exceeding 12 feet, or 24 feet for a two- or more car garage, measured along the building line. In lieu of a driveway entrance having curb radii as part of its construction, a depressed curb driveway entrance may be used as set forth in the Appendix.[2] No single driveway entrance for a garage for two or more cars shall be constructed with a frontage or width exceeding 24 feet measured along the building line. In the case of areas zoned as commercial districts or industrial districts by Chapter 225, Zoning, and the Zoning Map of the Borough, as from time to time in effect, all driveway entrances shall have a minimum curb radius of 15 feet and a maximum curb radius of 35 feet on each side, the exact radius to be subject to the approval of the Borough Code Enforcement Officer. Except as hereinafter provided, such driveway entrances shall have the outside edge raised 13/4 inches above the flow line of the gutter and shall have a straight slope therefrom to the prescribed outside edge and shall have a sidewalk surface of the same grade in width prescribed for sidewalks. In the case of stepdown driveway entrances, such driveway entrances shall be constructed seven inches below the top of the curb radius from the curbline to the inside sidewalk edge, except as provided for in § 192-23 of this article. The width of any single driveway entrance in such zoned areas shall not exceed 24 feet for one-way traffic and 36 feet for two-way traffic in width measured along the building line. Bituminous concrete material and/or any other approved material placed upon driveway entrances shall in no way impede the flow of stormwater runoff in the cartway area of the streets.
[Amended 12-26-1995 by Ord. No. 12-1995]
[2]
Editor's Note: The Appendix is on file in the Borough Code Office.
(6) 
The face of all retaining walls fronting on a street shall be located on or set back from the building line, as shown on the topographical survey of the Borough, and the face of all other retaining walls shall be set back a minimum distance of two feet from the right-of-way line of the alley line as shown on the topographical survey of the Borough. All retaining walls shall be constructed in accordance with good engineering practice as shall be approved by the Borough Code Office.
[Amended 3-12-2002 by Ord. No. 1-2002]
(7) 
All sidewalks, curbs, retaining walls and driveway entrances shall meet material specifications and testing standards and requirements as directed by the Borough Code Office and in accordance with the Commonwealth of Pennsylvania Department of Transportation (PennDOT) specifications for sidewalks, curbs, retaining walls and driveway entrances as listed in PennDOT Publication 408 as from time to time amended except as required by this article. Any required testing shall be paid for by the owner of the property. All forms shall be inspected and approved by the Borough Code Enforcement Officer prior to the placement of concrete. Notwithstanding the aforesaid, sidewalks may be laid of materials other than a concrete finish when the aesthetics or other conditions in the immediate area would warrant the use of such other material as provided for in § 192-26 of this article. The top surfaces of sidewalks, curbs and driveway entrances shall receive a wood floated finish or steel trowel and brushed finish, and the finish tolerance shall be a true plane with 1/4 inch in 10 feet. The exposed vertical surfaces of curbs and driveway entrances shall be repaired of all honeycombed and defective areas and shall receive a smooth-rubbed finish with a carborundum, brick or other abrasive, until a uniform color and texture are produced. The finishing shall be completed before the concrete is 36 hours old. Immediately after finishing, all concrete shall be cured by using either an approved impervious light-colored plastic covering placed and maintained in contact with the concrete surface or an approved impervious light-colored liquid curing compound sprayed on the concrete surface. The curing shall be continued for at least five days. The Borough Code Enforcement Officer may reject any concrete sidewalks, curbs, retaining walls and driveway entrances which do not conform to the requirements of this article.
[Amended 5-24-1994 by Ord. No. 2-1994; 12-26-1995 by Ord. No. 12-1995; 2-10-1998 by Ord. No. 2-1998]
(8) 
Expansion joints made with a minimum of one-fourth-inch thick preformed nonextruding and resilient bituminous joint filler shall be placed every 20 feet to the full depth of curb and sidewalk and where the sidewalk meets the outside face of a wall and/or curbing. All curbs and sidewalks shall be scored at a minimum of every five feet for five-foot-wide sidewalks and at a minimum of every four feet for four-foot-wide sidewalks. All curbs shall be scored every 10 feet. Expansion joints shall be provided around all utilities, forming a separate block measuring a minimum of two feet as shown in the Appendix[3] or as directed by the Borough Code Enforcement Officer. Six-by-six/ten-by-ten welded wire mesh shall be omitted in the forenoted utility block. Whenever a finish material other than concrete is approved by Borough Council, it shall be laid on a concrete base, as hereinabove specified for concrete sidewalks, which concrete base, together with the approved alternative finish material, shall bring the sidewalk to the proper topographical grade.
[Amended 12-26-1995 by Ord. No. 12-1995]
[3]
Editor's Note: The Appendix is on file in the Borough Code Office.
(9) 
All individual services for public utilities (excluding gas services) shall be raised and/or lowered to the required elevation by the person, firm or corporation installing the curb, sidewalk and/or driveway of the abutting lot or property. In the case of gas services, such work shall be done as directed by UGI. In the case of Borough utilities, such work shall be done in accordance with applicable Borough ordinances and regulations and shall be inspected by the Borough Code Enforcement Officer.
(10) 
All traffic signs removed during construction of concrete curbs, sidewalks and/or driveway entrances shall be replaced by the person, firm or corporation or other entity performing the installation, unless directed otherwise by the Borough Code Enforcement Officer.
E. 
Present brick sidewalks requiring the replacement of more than 20% of the total area shall be entirely replaced by a concrete pavement or sidewalk or as otherwise permitted by Subsection D(8) of this section. In the case of concrete sidewalks or curbs, in the event that any concrete block thereof requires the replacement of more than 25% of the total area of said concrete block, then said concrete block in need of repair shall be replaced in its entirety; provided, however, that where a portion of such a concrete block is removed for installation or repairs to utilities, then said block shall be replaced in its entirety regardless of the size in area of the removed portion.
F. 
Curbs and sidewalks shall be constructed along the front of each lot within the Borough on which a new building or structure, other than a private garage, is constructed where said lot adjoins a public street, road or highway. In the case of a corner lot, curbing and sidewalks shall be constructed along the front of the lot and the side of the lot adjacent to the public street, road or highway, as provided for in § 192-23 of this article. In the case of industrial development, the Code Appeals Board may, as provided for in Chapter 12 of the Code of the Borough of Kutztown, modify the requirement for a sidewalk if said industrial development is located in an area of the Borough where, as provided for in § 192-26, it is determined that sidewalk is not necessary. Such curb and sidewalk shall be constructed within 60 days after such new building or structure is completed and ready for occupancy.
[Amended 7-13-1999 by Ord. No. 9-1999]
A. 
Any person, firm, corporation, trust or other entity who or which constructs and/or causes to be constructed and/or replaces any curb, sidewalk and/or driveway entrance shall comply with the necessary requirements so as to provide access and passage for persons with disabilities.
[Amended 12-26-1995 by Ord. No. 12-1995]
B. 
All curb and sidewalk hereafter constructed and/or replaced at street intersections or legal crosswalks provided for pedestrian travel shall be constructed so as to provide depressed curb and sidewalk ramps.
C. 
All step-down driveway entrances shall be constructed or replaced with ramps so as to provide access and passage for persons with disabilities.
D. 
Depressed curbs, sidewalks and/or driveway entrances shall be constructed or replaced in conformity with standards contained within the Appendix of this article.[1]
[1]
Editor's Note: The Appendix is on file in the Borough Code Office.
E. 
In the event that any situation arises which is not provided for in the Appendix, then the facilities shall be constructed so as to comply with the Borough's Building Code,[2] the Uniform Federal Accessibility Standards (49FR31528) or latest revision thereof, the Americans with Disabilities Act Accessibility Guidelines and any applicable laws of the Commonwealth of Pennsylvania and the federal government or agencies as from time to time shall be in effect. The most stringent of any such requirements shall apply.
[Amended 12-26-1995 by Ord. No. 12-1995]
[2]
Editor's Note: See Ch. 77, Building Construction.
[Added 5-24-1994 by Ord. No. 2-1994]
A. 
Conformity. Every owner of property shall, on notice from the Borough Code Office within the time period noted in such notice, cause the construction or reconstruction of curb, sidewalk and/or driveway ramp which shall conform to all applicable requirements of this article in the front of and/or alongside of such property.
[Amended 2-10-1998 by Ord. No. 2-1998]
B. 
Repair required. Every owner of property shall, on notice from the Borough Code Office within the time period noted in such notice, repair the curb, sidewalk and/or driveway ramp in the manner stipulated in such notice in front of and/or alongside of such property.
[Amended 2-10-1998 by Ord. No. 2-1998]
C. 
Deterioration. Deterioration shall include cracking, scaling, spalling, vehicular, fire damage and/or surface disintegration. Surface disintegration is a deterioration of the concrete resulting in an irregular surface with depressions greater than 1/2 inch in depth.
D. 
Repairs allowed. Minor cracks, holes or deteriorated sections of curb, sidewalk and/or driveway ramps may be repaired with concrete sealant materials installed in strict accordance with the manufacturer's specifications when less than 25% of an individual section of curb, sidewalk or driveway ramp has deteriorated.
E. 
Reconstruction or repair required. When one or more of the following conditions exist, the section of curb, sidewalk or driveway shall be reconstructed or repaired where applicable and as determined and approved by the Borough Code Enforcement Officer in accordance with the provisions of this article:
(1) 
More than 25% of the walking surface of a section of curb, sidewalk or driveway ramp is deteriorated.
(2) 
More than 25% of a section of curb, sidewalk or driveway ramp is deteriorated.
(3) 
A section of sidewalk or driveway ramp is out of vertical alignment with an adjacent section by 1/2 inch or more.
(4) 
A curb is out of vertical alignment with an adjacent section of the curb and/or sidewalk by two inches or more, except at an intersection, where maximum misalignment shall be 1/2 inch.
(5) 
A curb is out of horizontal alignment where abutting the adjacent curb section by one inch or more.
(6) 
Repair criteria: 1/2 inch to one inch, two to one fillet to be placed; more than one inch, four to one fillet to be placed.
(7) 
A section of a curb, sidewalk and/or driveway ramp having a crack width of 1/2 inch at any one point greater than one foot in length.
(8) 
A sidewalk with a reverse grade or which is settled so as to cause the ponding of water and/or formation of ice.
(9) 
Existing surface gutter, which is one inch or more below the surface of the adjacent sidewalk, less than 12 inches wide and does not conform to § 192-22D(4) of this article shall be modified with a rainwater connector which conforms to § 192-22D(4) of this article.
(10) 
A curb, sidewalk and/or driveway ramp which is more than two inches out of horizontal and/or vertical alignment from the required topographical alignment or grade. In any block where more than 50% of the curbs, sidewalks and/or driveway ramps deviates from the topographical horizontal and/or vertical alignment, any curb, sidewalk and/or driveway ramp requiring reconstruction shall conform to the alignment of the majority of such curb, sidewalk and/or driveway ramps.
(11) 
The provisions of Subsection E(1) through (10) inclusive hereinabove set forth in the within § 192-32.1E shall apply to a minimum of four feet of accessible and traveled sidewalk width.
(12) 
Deteriorated sidewalks which constitute a hazard to pedestrian travel shall be secured from pedestrian travel upon notice and shall be repaired within 10 days from receipt of such notice.
(13) 
A monolithic curb and sidewalk may be repaired in conformity with § 192-22 of this article unless more than 50% requires reconstruction. In such cases the curb and sidewalk shall be removed and reconstructed.
[Amended 12-26-1995 by Ord. No. 12-1995; 7-13-1999 by Ord. No. 9-1999]
Except as hereinafter provided, it is hereby declared to be unlawful for any person, firm, corporation, trust or other entity to plant any trees, evergreens, hedges, plants or shrubbery in any sidewalk area or within two feet of the topographical building line along any street or road within the Borough, the term "sidewalk area" being defined as the area located between the topographical curbline and the topographical building line as from time to time shown on the topographical survey of the Borough. Notwithstanding the aforesaid, shade trees may be planted in the prescribed grass plot between the curb and sidewalk where application therefor has been made to the Council of the Borough of Kutztown and said application is approved by the Council of the Borough of Kutztown. In addition, hedges, plants and shrubbery may be planted within the required rear grass area of the sidewalk area where such plantings will not obstruct the required paved area of the sidewalk and/or create a hazard to pedestrian traffic on said sidewalk where application therefor has been made to the Council of the Borough of Kutztown and said Council shall have approved such application.
[Amended 12-26-1995 by Ord. No. 12-1995]
Any person, partnership, firm, corporation, trust or other entity grading any sidewalk areas or constructing or repairing any curbs, gutters, sidewalks, driveway entrances or retaining walls or removing any trees or shrubbery or opening or excavating in or under any street, alley or sidewalk area or storing or depositing materials on any street, alley or sidewalk area shall place suitable signs, barriers and/or lights so as to protect the users of streets, alleys or sidewalk areas in the vicinity thereof from injury to person or property. In the event that the Borough Code Enforcement Officer or any member of the Borough police force directs the person, partnership, firm, corporation, trust or other entity conducting the work to place a certain type and/or quantity of signs, barriers or lights in a certain manner, said person, partnership, firm, corporation, trust or other entity shall promptly comply with such direction. Any such direction given orally shall promptly thereafter be confirmed in writing.
[Amended 5-24-1994 by Ord. No. 2-1994; 12-26-1995 by Ord. No. 12-1995; 7-13-1999 by Ord. No. 9-1999]
A. 
The Code Appeals Board may, but shall not be required to, authorize a modification of any of the requirements of this article if literal enforcement will exact undue hardship because of peculiar conditions, as provided for in the following subsections, provided that such modification shall not be contrary to the public interest and safety, and that the purpose and the intent of this article is observed:
(1) 
Modification of driveway entrance width as required by § 192-22D(5) of this article.
(2) 
Modification of sidewalk materials as provided for in § 192-22D(7) of this article.
(3) 
Modify the requirement for sidewalks as required by § 192-22F of this article.
(4) 
Modification of the order of the Code Enforcement Officer as regards the provisions of § 192-23.1 of this article regarding the repair and/or replacement of existing curbs and sidewalks.
B. 
Financial hardship shall not be considered as the basis for the granting for any modification by the Code Appeals Board from the provisions of this article, except as pertains to § 192-26A(4) above as regards the allowable time required to effect repairs and/or replacement.
C. 
All requests for modification shall be in accordance with § 12-8 of Chapter 12 of the Code of the Borough of Kutztown.
A. 
The neglect or refusal of the owner or owners of the abutting lot or property to grade any sidewalk area and/or to cause to construct, maintain or replace any curb, sidewalk, driveway entrance or to repair and replace street paving is hereby declared to be and constitute a nuisance.
[Amended 3-12-2002 by Ord. No. 1-2002]
B. 
Any sidewalk curb, and/or driveway entrance hereafter not constructed or repaired in conformity with the provisions of this article and/or with the applicable established grades and lines shown on the topographical survey of the Borough is hereby declared to be a nuisance and shall be promptly reconstructed or repaired.
C. 
Any curb, sidewalk or driveway entrance heretofore constructed with any materials which are not permitted by this article shall be permitted to be repaired with the same materials used in the initial construction; provided, however, that whenever said sidewalk, curb or driveway entrance is replaced or whenever it is determined by Borough Council that said sidewalk, curb or driveway entrance is in dangerous condition, said sidewalk, curb or driveway entrance shall be replaced only in accordance with this article.
D. 
Nuisances.
(1) 
Any trees, evergreens, hedges, plants or shrubbery hereafter planted in violation of the provisions of this article is hereby declared to be a nuisance.
(2) 
Any of the above-noted nuisances shall, subject to the above provisions, be corrected and/or eliminated by the person, firm, corporation, partnership, trust or other entity that owns the lot or property abutting such nuisance or upon which such nuisance is located within 30 days after being notified, in writing, by certified first class mail, postage prepaid, by the Borough's Code Enforcement Officer of such nuisance. In the event that correction or elimination of the nuisance is started but not completed within said thirty-day period, the Code Appeals Board may grant a reasonable extension of time to complete the correction or elimination of said nuisance. Upon failure of said person, firm, corporation, partnership, trust or other entity to eliminate the nuisance within the aforesaid time period or periods, the Borough Council of the Borough of Kutztown may cause the nuisance to be eliminated in conformity with the provisions of this article, and the Borough Council of the Borough of Kutztown shall be entitled to recover from said person, firm, corporation, partnership, trust or other entity who or which is the owner or owners of the lot or property abutting such nuisance or upon which such nuisance is located the cost of eliminating such nuisance plus an additional 10% of such cost, together with all charges and expenses, and, if payment is not made, the Borough Council of the Borough of Kutztown may file a municipal lien therefor in the Office of the Prothonotary of Berks County against such lot or property or, in the alternative, may bring an action in assumpsit against said owner or owners for collection thereof.
[Amended 12-26-1995 by Ord. No. 12-1995; 7-13-1999 by Ord. No. 9-1999]
E. 
Any person shall have the right to appeal or request a permitted modification or waiver with respect to a decision of the Code Enforcement Officer of the Borough of Kutztown. An application for appeal or request for permitted modification or waiver shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply or an equivalent form of construction is to be used. Such appeals and request shall be filed and heard as prescribed in Chapter 12 of the Code of the Borough of Kutztown.
[Added 7-13-1999 by Ord. No. 9-1999]
A. 
Any person, firm, corporation, partnership, trust or other entity who violates or fails to comply with the provisions of this article or any order or regulation made in connection therewith shall be guilty of a summary offense and, upon conviction thereof, pay a fine of not less than $50 nor more than $1,000 and, in default of the payment thereof, undergo imprisonment in the Berks County Prison for a period not exceeding 30 days.
[Amended 12-26-1995 by Ord. No. 12-1995]
B. 
The Borough Code Enforcement Officer may revoke any permit issued to any person, firm, corporation or other entity violating any of the provisions of this article.
C. 
The imposition of penalties hereinabove prescribed shall not preclude the Borough from instituting an appropriate action or proceeding to prevent the performance of work or acts declared to be unlawful under the provision of this article or to restrain, correct or abate a violation or seek relief by a complaint in equity.
[Amended 12-26-1995 by Ord. No. 12-1995]
Any person, firm, corporation, partnership, trust or other entity applying for any permit under this article shall indemnify the Borough against all liability of whatever nature arising during the performance of any work or as a result of any work for which a permit is granted pursuant to this article, whether or not said liability arises as a result of the negligence of the person, firm, corporation or other entity to whom or which the permit was issued.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed insofar as they affect any work done after the effective date of this article, but said ordinances shall not be repealed insofar as they apply to permits issued or acts or violations occurring before the effective date of this article. Except as aforesaid, Ordinance No. 14-1972, entitled "An Ordinance of the Borough of Kutztown, Berks County, Pennsylvania, Regulating the Grading of Sidewalk Areas, the Construction and Repair of Curbs, Gutters, Sidewalks, Driveway Entrances, and Retaining Walls and Requiring Permits Therefor; Requiring the Construction of Curbs and Sidewalks Under Certain Circumstances; Regulating the Planting of Trees and Shrubbery in or near the Sidewalk Area; Regulating the Making of Openings or Excavations in or under Streets, Alleys, and Sidewalk Areas, and the Storage or Depositing of Materials on Streets, Alleys, and Sidewalk Areas, and Requiring Permits Therefor; Requiring the Placement of Signs, Barriers and Lights; Providing for Indemnification of the Borough for Liability; Providing Penalties and Remedies for Violation Thereof; Providing for Repeal of Certain Ordinances," enacted and approved on December 5, 1972, and Ordinance No. 13-1974, Ordinance No. 2-1983, Ordinance No. 9-1984 and Ordinance No. 13-1984 are hereby specifically repealed.
Notwithstanding anything hereabove set forth in this article, whenever the provisions of this article shall be inconsistent with the provisions of Chapter 195, Subdivision and Land Development, of the Borough, as from time to time are in effect, and the provisions of said subdivision regulations are more restrictive or contain more stringent requirements than are set forth in this article, then in such event the provisions of said subdivision regulations shall prevail and be applicable.