All private driveways hereafter constructed across any pavement
shall be of a width not less than eight feet and the curb shall be
curved back to the street edge of the footwalk on a radius of 1 1/2
feet.
Before any private driveway may be constructed across a sidewalk
and before any curb cut may be made, a permit shall be obtained from
the Township of Middletown. All driveways shall be laid according
to specifications furnished by the Township of Middletown at the time
the permit is granted.
The fee for a driveway or curb cut permit shall be fixed pursuant
to a resolution of the Board of Supervisors.
All paved portions of the sidewalk must not be disturbed, and
the height and grade of same must remain the same as before the driveway
was constructed. The balance of the pavement shall remain the same
height and grade as before the construction of the driveway.
In case any person shall construct a driveway or a curb cut
and shall not conform to the requirements of this article, the Board
of Supervisors may order such person, firm or corporation to remove
the improper work and replace the same in compliance with this article.
Notice to remove and replace improper work shall be given by registered
or certified mail, and shall state that the person, firm or corporation
shall have 10 days from receipt of the notice to comply therewith.
Upon noncompliance, the Township of Middletown may do or cause the
requested repairs to be done and may levy the cost of its work on
such owner as a property lien to be collected in any manner provided
by law.
[Amended 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision
of this article or who shall fail to obtain a permit before constructing
a private driveway or making a curb cut, upon conviction thereof in
an action brought before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this article continues or each section of this
article which shall be found to have been violated shall constitute
a separate offense.