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.