This article shall be known and may be cited
as the "Curb Cut Ordinance of the Borough of Milton."
It shall be unlawful for any person to dig up,
break, excavate or in any manner disturb or install concrete curbing
or driveway openings unless such person shall first have obtained
a curb cut or installation permit.
No curb cut or installation permit shall be
issued unless an application for the issuance of a curb cut or installation
permit, on forms provided for that purpose, is submitted to the Borough.
The application shall state the name and address of the applicant,
the nature, location and purpose of the curb cut or installation,
the date of commencement and date of completion of the curb cut or
installation, and other data as may be reasonably required by the
Borough. The application shall be accompanied by plans showing the
extent of the proposed work, the location of the work, and such other
information as may be prescribed by the Borough. It is permissible
for public utilities to telephone the Borough to submit permit information
to perform maintenance work on their facilities as long as written
documentation is subsequently submitted.
Each applicant who files a request for the issuance
of a curb cut or installation permit shall pay to the Borough of Milton
at the time of filing said request the sum of $100 per zoned lot,
which shall be nonrefundable and which shall be used by the Borough
of Milton to pay the costs of processing the application and inspecting
said curb cut, curb installation or driveway installation. Variations
pursuant to this section shall only be approved following review by
the Borough Manager or a designated Borough representative. No proceedings
shall be initiated until the aforesaid filing fees and charges are
paid by the applicant. The estimated cost of the engineering review
shall be paid by the applicant at the time of the filing of the application.
Public utilities shall be billed for permit fees on a monthly basis
at the discretion of the Borough.
The applicant shall provide ramps or curb cut
ramps when making new installation of sidewalks or curbs or improving
or replacing existing sidewalks or curbs. Ramps shall be constructed
in accordance with the guidelines and design criteria contained in
Pennsylvania Department of Transportation Publication 70 entitled
"Guidelines for Design of Local Roads and Streets," as amended from
time to time. The Borough may waive installation of ramps where not
feasible, at hazardous locations or at unavoidable permanent locations.
Work shall progress in an expeditious manner
until completion in order to avoid unnecessary inconvenience to the
general public. In the event that the work shall not be performed
in accordance with the applicable regulations of the Borough's consulting
engineer or in accordance with the provisions of this article or shall
cease or be abandoned without due cause, the Borough may, after seven
days' notice, in writing, to the holder of said permit of intent to
do so, correct said work, and in any such event the entire cost to
the Borough of such work shall be a liability of and shall be paid
by the person to whom the permit was issued.
The permittee shall indemnify, keep and hold
the Borough free and harmless from liability on account of injury
or damage to persons or property arising or growing out of the permittee's
negligence in making any curb cut, curb installation or driveway installation.
In the event that suit shall be brought against the Borough, either
independently or jointly with the permittee on account thereof, the
permittee, upon notice to it by the Borough shall defend the Borough
in any suit at the cost of the permittee, and in the event of a final
judgment being obtained against the Borough, either independently
or jointly with the permittee, the permittee shall pay such judgment
with all costs and hold the Borough harmless therefrom.
If any person shall fail, refuse or neglect
to comply with the provisions of this article, or any rules or regulations,
or any reasonable orders or directions of the Borough representative
in reference thereto, the Borough may refuse to issue further permits
to such person while awaiting compliance with the Borough's provisions
or rules.
Any person violating any of the provisions of
this article shall be deemed guilty of a misdemeanor and punished
by a fine of not more than $1,000 or by imprisonment for not more
than 90 days for each offense. Each day of a violation shall constitute
a separate and distinct offense and shall be subject to separate summary
proceedings before a District Magistrate, and subject to the penalty
imposed by this section for each and every day such violation shall
continue.