Hereafter no building shall be erected, no walls set, no sidewalk,
curbing or gutter located, installed or constructed, along the streets,
alleys or lanes of the said Borough unless lines and grades along
said streets, lanes or alleys shall have been given by the Borough
Engineer or Surveyor from the official final plan for the street,
lane or alley in accordance with this article or by another registered
land surveyor or engineer in such cases where, by ordinance, Borough
Council has placed this responsibility with the property owners involved
and has officially adopted a final plan for the street or streets
involved.
It shall be the duty of every owner or builder before the erection
of any foundation for any building or wall, sidewalk, curbing or gutter
on any of the streets, lanes or alleys, to make application to the
Borough Secretary for a warrant of survey. Said warrant to be issued
to the Borough Engineer and requiring him within the period of five
days from the time such warrant may be delivered to him or the adopted
final plan of the street, lane, or alley is made available to him,
whichever comes later, to give such grades and lines as may be described
in said warrant of survey. And when the provisions of said warrant
of survey shall have been executed, said Borough Engineer shall endorse
the same, together with the date of its execution, and when such warrant
is so endorsed and dated, it shall be sufficient authority for such
owner or builder to proceed with the erection and construction on
such building or wall, sidewalk, curbing or gutter as may be set forth
in said warrant.
The lines and grades to be given by the Borough Engineer or
Surveyor at the expense of the Borough under the provisions of the
warrant of survey shall be only for such lines and grades that affect
or are affected by public streets, lanes or alleys. All surveys of
lots and staking out of buildings must be done at the expense of the
person or persons carrying out such work.
[Amended 7-15-1993 by Ord. No. 1048]
The Borough Secretary shall receive, for the use of the Borough,
from every owner or builder before issuing a warrant of survey to
him, such fees as shall be established from time to time by resolution
of Borough Council.
No charge shall be made by the Borough Secretary for the issuing
to any applicant a warrant of survey directed to the Borough Engineer,
requiring him to give grades and lines for the reconstructing of sidewalks,
reconstruction of curbing or relaying of gutters, but the same shall
be issued free of charge.
The Borough Council reserves the right, to be exercised by resolution
of Council, to suspend the giving of line and grade along any Borough
street, lane or alley that is proposed for construction or reconstruction
by the Borough, the Pennsylvania Department of Transportation or any
other duly authorized governmental agency, firm or other party until
the final plans for said construction or reconstruction are officially
adopted by the Borough Council.
[Amended 7-18-1974 by Ord. No. 860; 7-15-1993 by Ord. No. 1048]
A. Remedies. In any case where a property owner shall fail, neglect
or refuse to reconstruct or remove any sidewalk, curbing or gutter
placed in violation of any of the provisions of this article, after
notification by the Borough to reconstruct or remove such sidewalk,
curbing or gutter within the time specified in the notice, the Borough
shall have the authority to cause such removal or reconstruction to
be done, and collect the cost of such work, with 10% additional, to
be collected from such property owner in the manner authorized by
law.
B. Penalties. Any person who shall violate any provision of this article
shall, upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.