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:
(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.
