[Adopted 1-2-2001 by Ord. No. 2001-01]
As used in this article, the following terms shall have the
meanings indicated:
Shall include, but not be limited to, all individuals, corporations,
partnerships, and other legal entities.
No person shall be permitted to cut a curb unless
a permit is issued by the Borough of Indiana.
An application for a curb cut shall be filed
with a Code Enforcement Officer.
The application for the permit shall include:
A.
The name and address of the property owner or developer
or contractor responsible for the construction;
B.
A drawing, sketch, or plan to show the dimensional
location of the work with regard to the existing improvements, property
lines, rights-of-way, and streets; and
C.
A profile showing the proposed elevation of the sidewalk
and cut in reference to the existing street elevation. Elevation shall
be shown in twenty-five-foot stations.
The Code Enforcement Officer shall have 20 days
to review the application to determine whether it's in proper form.
If the application is not in proper form, it shall be rejected and
returned to the person submitting the application. In the event that
a proper application is filed, the Borough Manager and the Code Enforcement
Officer shall be obligated to review the plans as well as the location
where the curb cut is to take place within 20 days after the submission
of the application.
In reviewing the application and the location
of the curb cut, the Borough Manager and the Code Enforcement Officer
shall review the location and size of the curb cut in reference to
the property as well as sight distance along the street and the location
of any impediments for traffic ingressing and egressing across the
curb cut as well as other traffic in the area. The following requirements
shall also be met:
A.
The surface of any parking area or driveway in areas
serviced by the curb cut between the sidewalk and the curb shall be
paved with paving stone or concrete material;
B.
The surface of any parking area or driveway not between
the sidewalk and the curb shall consist of paving stone, bricks, concrete,
bituminous concrete, asphalt, or similar nonporous material;
C.
The maximum width of the curb cut shall be 18 feet;
D.
No portion of the parking area that is accessed by
the curb cut shall encroach the Borough right-of-way; and
E.
Any curb cut accessing a parking area directly off
a Borough right-of-way of 25 feet or less, positioned at a 90°
angle, must be a minimum of 20 feet deep.
If the Borough Manager and the Code Enforcement
Officer determine that the curb cut as well as other ancillary improvements
are not detrimental to the safety of the persons who will be using
the subject property or for the general public and do not violate
any other provisions of any Borough ordinances or state law, the Code
Enforcement Officer shall approve the curb cut.
A curb cut permit shall be valid for a period
of six months after it is granted. The Code Enforcement Officer shall
be permitted to extend the permit for an additional three-month period
because of weather or the contractor's schedule. Providing that, if
the extension is because of the contractor's schedule, the requesting
party shall provide the Code Enforcement Officer with a signed contract
between the property owner and the contractor.
In the event that the curb cut and any improvements
are not completed in a timely manner, the curb cut permit shall be
revoked and no other curb cut request shall be made for one year for
the property that is the subject of the curb cut request.
Any person who shall cut a curb or place or
construct paved areas, driveways, or parking surfaces that are served
by the curb cut shall be in violation of this article unless a valid
curb cut permit was issued and the work was completed in a timely
manner. Any person making any improvements that are not in accordance
with this article shall be subject to a penalty, upon conviction before
a Magisterial District Judge, of a fine of $300 per day together with
costs for each day the violation is in existence. Each day shall be
a separate offense.
