[Ord. 737, 5/5/2009, § II; as amended by Ord. 752, 1/17/2012]
1. The owner, tenant and/or occupant of property upon which a parking lot is located that meets the criteria set forth in §
15-301 above, shall install fixed barriers, not in the public right-of-way, that will prevent a vehicle from drifting from the parking lot into the public right-of-way at any point other than at driveways approved by the Borough Engineer, in accordance with the following standards and criteria:
A. Such barriers shall consist of a guiderail installed in accordance with the latest edition of PennDOT Publication 408 or such other barrier, or arrangement of curbs and tire stops, that in the opinion of the Borough Engineer according to generally applicable engineering standards, will effectively prevent any licensed motor vehicle from drifting into the public right-of-way. The Borough Engineer is authorized to issue a standard detail or technical specification for barrier installation.
B. Such barrier will be installed within 60 days after the date of a written Notice to Install Parking Lot Barrier issued by an authorized Borough representative to such owner, tenant or occupant. The Mayor, the Chief of the police department serving the Borough, Borough Engineer and Borough Ordinance Enforcement Officer are all hereby authorized to issue such notice.
(1) Within 30 days after receipt of such Notice, the property owner, tenant or occupant will submit a written "Parking Lot Barrier Application" to the Borough Engineer. Such plan will:
(a) Be to scale and show all relevant parking lot and barrier dimensions and locational information requested by the Borough Engineer.
(b) Describe the materials to be used in the method of the installation.
(c) Be accompanied by a nonrefundable review fee in the amount as established, from time to time, by resolution of Borough Council, to defray Borough permitting and review costs.
(d) Meet PennDOT specifications where applicable.
(e) Be approved as adequate by the Borough Engineer, subject to any conditions the Engineer may impose to provide the purposes of this chapter.
(2) Within 30 days after approval of the Parking Lot Barrier Application, the barrier will be installed, by the property owner, tenant or occupant in accordance with the plan as approved by the Borough Engineer, along with any conditions the Engineer places upon such approval.
C. Any person aggrieved by the decision of the Borough Engineer with respect to a Parking Lot Barrier Application will be afforded a Local Agency Law hearing upon filing a written request for such hearing with the Borough Secretary within 30 days of the decision being appealed from, such request for a hearing to be accompanied by a nonrefundable appeal fee, in an amount as established, from time to time, by resolution of Borough Council.