[Amended 11-4-1981 by Ord. No. 81-25-806; 4-6-1982 by Ord. No. 82-4-817]
A. No private driveways entering a public street shall
be constructed in the Borough except upon the issuance of a permit
by the Borough Clerk. A permit fee of $15 and inspection charge of
$30 shall be paid upon the issuance of such permit.
[Amended 6-21-1988 by Ord. No. 88-8-985]
B. Any permit issued pursuant to Subsection
A above shall be valid for a period of six months from date of issuance. All work covered by any permit shall be completed within the aforementioned six-month period.
C. The Borough Clerk and the Superintendent of Public
Works shall possess the authority to issue summonses to enforce the
provisions of this section.
No permit shall be issued for the construction of a private driveway, pursuant to §
230-99, except upon the following specifications:
A. No black top, macadam or asphalt pavement shall be
laid over existing hard surface sidewalks.
B. All such driveways shall be at the same grade or level
as existing sidewalks and highways where they intersect such sidewalks
and highways and shall be constructed in such manner as not to obstruct
or block existing surface drainage or to encroach upon the road area.
C. Where the construction of any such private driveway
shall involve the breaking of existing curbing, all the requirements
of this article shall apply.
D. No private driveway shall be installed or constructed
when it shall involve the destruction or removal of any shade tree,
unless and until written consent is procured from the Shade Tree Committee
of the Borough.
E. All provisions as set forth in §
218-23E(1) shall be included as specifications for construction of the said driveways pursuant to §
230-99.
[Added 9-6-1988 by Ord. No. 88-13-990]
When any permit is issued for the construction of a private driveway, as provided in §
230-99, the property owner obtaining such permit shall make a deposit of $50, to be held by the Borough Clerk, to ensure the compliance by the property owner with all the terms and requirements of this article.
Upon completion of the construction of such
private driveway, the work shall be inspected by the Superintendent
of Public Works. In the event of failure of the property owner to
complete the construction of such private driveway in strict compliance
with the terms hereof, the Superintendent of Public Works may, after
10 days' notice to such property owner, cause such work to be done
upon the property as shall either restore the property to its original
condition or ensure compliance with the terms hereof. The cost of
such work shall be charged against the deposit of $50. Two months
after the initial satisfactory inspection, the Superintendent of Public
Works shall reinspect the work and, if the work is determined to be
satisfactory, the fifty-dollar deposit shall be returned by resolution
of the Mayor and Council at its succeeding meeting.
[Amended 9-6-1988 by Ord. No. 88-13-990]
Every person who shall construct, pave or improve
or assist in the construction of a private driveway for which a permit
shall not have been issued, as required herein, shall, upon conviction
thereof, forfeit and pay a fine of not more than $250 or be imprisoned
in the county jail for not more than 30 days, and the judge before
whom such person may be brought may impose such punishment or a fine
or imprisonment in the county jail as he may see fit, not to exceed
the maximum herein fixed.