Property owners are hereby authorized at their own expense and
after application for an issuance of a permit as hereinafter provided
to install curbs at the edge of the cartway of vehicular traveled
portions of highways abutting their property.
Curbs so installed shall be made of solid material approved
by the Borough Secretary for the purpose of curbing which materials
may include concrete, bituminous concrete and treated lumber.
Curbs shall be installed in accordance with the following specifications:
A. Minimum top width six inches and maximum top width 10 inches.
B. Maximum height above pavement surface six inches.
C. All curbs must have a flush surface on the street side and must be
in lengths of at least six feet except where required to be cut for
driveways.
D. All curbing other than cement concrete or bituminous concrete must
be rigidly held in place by pinning with steel dowels at least 1/2
inch in diameter or set in three inches of cement grout.
E. All alternate curbing material must be permanently maintained in
good condition and alignment by the property owner.
Curbing grades and alignment shall be determined by the Borough
Engineer.
No curb shall be constructed without a permit or contrary to
the terms of an issued permit. The permit shall be based upon an application
in a form prescribed by the Borough Secretary which form shall set
forth:
A. The name or names of the property owners.
B. The address or location at which the curbing is to be installed.
C. The nature of the curbing material to be utilized and the method
of installation.
D. A fee in an amount as established from time to time by resolution
of Borough Council shall be due and payable upon filing of the application
for installation of curbing which fee shall be applied to the cost
of inspection and grade determination.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Curbs installed by property owners without a permit or contrary
to the terms of an issued permit shall be subject to removal upon
30 days' written notice of the Borough Secretary to the property owner.
In the event the property owner thereafter fails to remove said curbing,
the Borough may thereafter remove said curbing, charge the expense
thereof to the property owner and/or the property owner shall, upon
conviction in a summary proceeding under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Borough correctional facility for a period not exceeding 10 days or
to the county correctional facility for a period not exceeding 30
days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Erie County.
Compliance with this article shall not operate to excuse compliance
with any applicable regulation of the Commonwealth of Pennsylvania,
Department of Transportation, as to the installation of curbs upon
highways of the commonwealth.