No person shall cut or cause to be cut any curb
on any street, lane, way, alley or any thoroughfare within the Borough
without first having obtained approval therefor from the Borough and
a permit therefor from the Borough Manager's office.
No permit shall be issued for the establishing
of any curb cuts or the cutting of any established curbs for more
than a continuous length of 32 feet for each opening. No cut shall
be made, established or permitted within 10 feet of a corner in any
direction. Where more than one cut of 32 feet is permitted by the
Borough on any one street, each such opening shall be followed and
adjoined by an island of at least 10 feet without a curb cut; provided,
however, that when existing construction abutting on any side of any
street or roadway in the Borough not having curbs shall have apparent
and existing roads, doorways or other physical circumstances indicating
present use of the same for purposes of ingress, egress and regress
to, over and from such properties by motor vehicles, before construction
of curbs to abut on the right-of-way or side adjoining and abutting
such properties, then at the time such curbs are to be constructed
and established, the Borough may consider and permit such curb cuts
and openings in number and length as it shall deem in its discretion
proper under the circumstances, notwithstanding the above requirements
and provisions of this section, but in doing such it shall be ever
mindful to prevent jeopardizing the safety of the public passing and
using such sidewalks and passageways for foot travel.
When an application for the approval of a curb
cut conflicts with the provisions of the preceding section and a hardship
would be caused the applicant if not approved, and approval of the
curb cut, although contrary to the requirements of the preceding section,
in the opinion of Council, would not create a danger or hazard to
pedestrian travel or would not be contrary to the purpose of this
Part, then the Council may permit such curb cuts in such length, width
and number as it shall deem in its discretion proper and just under
all the circumstances.
No permit shall be approved by the Borough or
issued by the Borough Manager's office unless and until a plan for
such proposed curb cuts shall be presented to the Borough and shall
be filed with the Borough Manager's office.
Every person violating the provisions of §§Â
21-108 through
21-111 shall be subject to suit by the Borough for the cost of replacing any curb cut in violation of such sections. The Borough shall have full power and authority to file a lien against the premises in front of which such curbs have been cut in violation hereof, for any costs and expenses which the Borough may incur for replacement of the same.