[Adopted 12-31-1975 as § 11-2
of the 1975 Code]
[Amended 9-7-2010 by Ord. No. 1714]
It shall be unlawful for any person to construct
or remove or cause to be constructed or removed any sidewalk, driveway
apron, curb or gutter or any part thereof within any public right-of-way
in the Borough without first having obtained a permit to do so from
the Construction Official.
[Amended 9-7-2010 by Ord. No. 1714]
Application for a permit under this article
shall be made to the Construction Official by the owner of the premises
or his agent upon forms provided by the Borough and shall contain
the following information:
A.
The name and address of the applicant.
B.
The name and address of the person who is to perform
the proposed work, and the name and address of the owner of the property
on which the work is to be performed, if other than the applicant.
C.
The location, by street number or otherwise, of the
premises where the work is to be done.
D.
The estimated cost of the proposed work.
E.
A line and grade plan showing the proposed work, including
its exact location with respect to a street intersection or some other
fixed and prominent object, as well as its width and relationship
to the grade of the street and the adjacent property and, in the case
of a driveway apron, its slope or pitch.
F.
Any other information that the Construction Official
deems necessary in order to determine whether the work will comply
with this chapter.
A.
All materials and work shall be in accordance with
Borough specifications on file in the office of the Construction Official.
[Amended 9-7-2010 by Ord. No. 1714]
B.
Any sidewalk, driveway apron, curb or gutter which
is removed shall be promptly replaced in accordance with Borough specifications.
C.
No concrete sidewalk shall be replaced or covered
with blacktop.
D.
Whenever a curb cut or driveway depression is required,
the entire section or sections of curb or curb and gutter shall be
removed and replaced. The breaking and recapping of curbing is specifically
prohibited. The curb cuts at residential property shall be limited
to the greater of 20% of the total front width of the lot or 20 feet.
[Amended 12-18-1978 by Ord. No. 735; 6-15-2009 by Ord. No.
1660]
E.
It shall be unlawful for any person to drive any vehicle
upon or over any curb or sidewalk on any street, avenue or highway
within the limits of the Borough, without properly protecting the
curb or sidewalk from damage.
The applicant shall notify the Public Works
Manager at least 24 hours prior to the time of pouring or laying any
sidewalk, driveway apron, curb or gutter so that the Superintendent
may arrange for adequate inspection and testing.
This Article shall not apply to:
[Amended 6-19-2000 by Ord. No. 1296]
A.
Duty of abutting landowner. The construction of curbs
and sidewalks and all repair, alteration, relaying and maintaining
of sidewalks and curbs are hereby declared to be the duty of the abutting
landowner.
B.
Designation of public officer. The Construction Code
Officer or his designee is hereby designated as the public officer
to exercise the powers prescribed by this section. The Construction
Code Officer or his designee and his office shall be responsible for
the enforcement and implementation of this section. Upon inspection
and determination by the Construction Code Officer or his designee
that the sidewalk and/or curb abutting lands owned by a landowner
are in need of repair or replacement, the Construction Code Officer
or his designee shall issue a notice requiring replacement and/or
repair of any deteriorated sidewalk or curb. Said notice shall provide
the landowner with 30 days in which to repair and/or replace the sidewalk
and curb specified by the Building Department. In the event that the
abutting lands are unoccupied or the owner cannot be found within
the Borough, the notice shall be mailed, postage prepared, to the
owner's post office address if it can be ascertained. In the event
that the abutting owner is a nonresident of the Borough or his post
office address cannot be ascertained, than the notice may be inserted
once in a designated paper of general circulation in the Borough.
C.
Performance by Borough. In the event that the owners
or occupant shall fail to comply with the requirements of the notice,
the Borough, upon filing proof of the service or publication of the
aforesaid notice in the appropriate department of the Borough, shall
cause the required work to be done at its expense.
D.
Certification of costs. Upon performance of the required work by the Borough pursuant to Subsection C, the cost of the work shall be certified to the Tax Assessor. Upon the filing of the certificate, the amount reflected therein shall become a lien upon the abutting lands to the same extent that assessments for local improvements are liens and shall be collected in the manner provided by law for collection of assessments, bearing interest at a like rate.
E.
Legal action. In the event that the owner shall default
in the payment of an assessment, the Borough may proceed against him
in an action at law.
F.
Compliant. All work performed under the terms of this
subsection shall be under the supervision and direction of the Borough
Engineer, who shall have exclusive authority to inspect and approve
replacement of sidewalks and/or curbs which have been ordered by the
Construction Code Officer or his designee.
[Added 12-16-1996 by Ord. No. 1172]
For a violation of any provision of this article,
the maximum penalty, upon conviction thereof, shall be a fine not
exceeding $1,000, or imprisonment for up to 90 days, or a period of
community service not exceeding 90 days, or any combination thereof.
