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 §§ 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.