City of Erie, PA
Erie County
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Table of Contents
Table of Contents
CROSS REFERENCES
Municipal curb control — See 53 P.S. § 1721.
Curb laying and repair — See 53 P.S. § 1891.
Permit fee for new curb construction — See S.U. & P.S. 903.07.
[Ord. 95-1994 § 1, passed 12-28-1994]
The following words when used in this article shall have, unless the context clearly indicates otherwise, the meaning given to them in this section:
(a) 
CURB or CURBING — An edging of concrete, sandstone, or granite, built along a street to form a part of a gutter. New curb construction shall be of concrete, and constructed according to the standard specifications of the City.
(b) 
DRIVEWAY — A private road giving access from a public way to abutting grounds.
(c) 
DRIVEWAY APRON — That portion of the driveway from the sidewalk to and including the curb.
(d) 
SIDEWALK — A walk used by pedestrians at the side of a public way.
(e) 
PERSON — Any person, firm, partnership, association, corporation, company or organization of any kind.
[Ord. 95-1994 § 1, passed 12-28-1994]
No person shall begin to construct, reconstruct, establish any driveway apron or any driveway, over, across or upon any portion of the public sidewalk, or shall cut or alter any curb on any street without first having obtained a written permit to do so from the City Engineer.
[Ord. 95-1994 § 1, passed 12-28-1994]
An application for a permit under this article must be made in writing upon forms furnished by the City Engineer and shall set forth the following:
(a) 
Name and address of the owner of the property abutting the work area.
(b) 
Name and address of the person doing the work.
(c) 
Nature of the work to be done.
(d) 
Location of the work area.
(e) 
Attached sketch of plans setting forth details of the proposed work.
(f) 
Such other information as the City Engineer shall find reasonably necessary to the determination of whether a permit should be issued hereunder.
[Ord. 72-2002, passed 12-27-2002]
The following fees for curb cuts or driveways shall accompany an application for a permit hereunder:
Type of Property
Fee
Residential
$5 per lineal feet
Commercial
$10 per lineal feet
[Ord. 95-1994 § 1, passed 12-28-1994]
The City Engineer shall issue a permit hereunder when he finds the following:
(a) 
That the work shall be done according to the standard specifications of the City for public work of like character.
(b) 
That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties.
(c) 
That the health, welfare and safety of the public will not be unreasonably impaired.
[Ord. 95-1994 § 1, passed 12-28-1994]
Any permit issued hereunder shall become invalid and ineffective one year after the date of its issuance.
[Ord. 95-1994 § 1, passed 12-28-1994]
(a) 
Driveways on residential property.
(1) 
For residential lots of the width of 50 feet or less, only one driveway and curb cut is permitted.
(2) 
For residential lots of the width of more than 50 feet, two driveways and curb cuts may be allowed for circular driveways if an area of 15 feet is provided between the driveways.
(3) 
The width of the driveways for residential or dwelling houses shall not be less than nine feet nor greater than 12 feet at the apron of the driveway or curb opening.
(b) 
Driveways on property other than residential.
(1) 
The width of driveways for property other than residential or dwelling houses shall not exceed 30 feet at the apron or the driveway or curb opening.
(2) 
Not more than two such driveways or curb openings shall be allowed to any one owner for any one piece of property for each 100 feet of continuous frontage.
(3) 
A variance may be granted for such curb openings in excess of 30 feet on the following conditions:
A. 
Peculiar conditions not ordinarily existing in similar districts of the nature of the operation.
B. 
That the exception or variance is not against the public interest, safety, convenience or welfare.
(c) 
Curb openings. All curb openings shall be constructed in accordance with the following regulations. Minimum distances from:
(1) 
Intersection: 15 feet from end of curb circle.
(2) 
Fire hydrants: five feet.
(3) 
Other driveways: 15 feet.
(d) 
Minimum angle of driveway to street: 45°.
[Ord. 95-1994 § 1, passed 12-28-1994]
No person shall remove any curb by smashing, breaking or destroying it with a sledge hammer, air hammer or any other tool or instrument and no person shall remove any curb in any manner other than that set forth in rules and specifications of the City for public work of like character.
[Ord. 95-1994 § 1, passed 12-28-1994]
The City Engineer shall enforce all the provisions of this article. It shall receive applications, issue permits, inspect the premises for which permits have been issued and enforce compliance with notices or orders to remove illegal or unsafe conditions and to require the necessary safeguards during construction.
[Ord. 95-1994 § 1, passed 12-28-1994]
Where the use, convenience and necessity of the public require, the City Engineer shall have the authority to order the owners or agents in charge of the property adjacent to which curb cuts are maintained, to alter the curb cut in such manner as he shall find reasonably necessary under the circumstances.
The notice required by this section shall require compliance by permittee within 30 days of the notice, be in writing and be served by certified mail or personally with return receipt required.
[Ord. 95-1994 § 1, passed 12-28-1994]
It shall be the duty of the property owner and/or his tenant to maintain the curb, driveway, driveway apron and sidewalk abutting his property in a good and safe condition and upon failure to do so after 30 days' written notice served personally or by certified mail from the City Engineer, shall be subject to the penalties provided in this article.
[Ord. 95-1994 § 1, passed 12-28-1994]
Whoever violates any provision of this article or fails to comply with any of the requirements thereof, or who installs, widens or repairs any driveway or cuts any curb or opening in violation of an approved plan or directive of the City Engineer or of a permit or certificate issued under the provisions of this article shall be fined not less than $300 nor more than $1,000 for each and every offense, together with costs, and in default of payment thereof, shall be imprisoned not more than 30 days. Each failure to obtain a permit or to comply with any of the requirements of this article, and each and every day during which such violation continues shall constitute a separate offense.