All private driveways hereafter constructed across any pavement shall be of a width not less than eight feet, and the curb shall be curved back to the street edge of the footwalk on a radius of 1 1/2 feet.
Before any private driveway may be constructed across a sidewalk and before any curb cut may be made, a permit shall be obtained from the Borough. All driveways shall be laid according to specifications furnished by the Borough at the time the permit is granted.
The fee for a driveway or curb cut permit shall be as set by the Borough Council.
All paved portions of the sidewalk must not be disturbed, and the height and grade of same must remain the same as before the driveway was constructed. The balance of the pavement shall remain the same height and grade as before the construction of the driveway.
The size, kind and placement of drainage facilities, where required, will be in conformance with Borough standards.
In case any person shall construct a driveway or a curb cut and shall not conform to the requirements of this article, the Borough Council may order such person, firm or corporation to remove the improper work and replace the same in compliance with this article. Notice to remove and replace improper work shall be given by registered or certified mail and shall state that the person, firm or corporation shall have 30 days from receipt of the notice to comply therewith. Upon noncompliance, the municipality may do or cause the requested repairs to be done and may levy the cost of its work on such owner as a property lien to be collected in any manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Washington County.