[Adopted 5-9-1983 by Ord.
No. 853, approved 5-9-1983]
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
An encroachment is an unauthorized intrusion onto rights-of-way
through the creation or extension of a physical structure (including
trees, plants, or play equipment) above or below the surface of land.
Any future encroachment on or above sidewalks or any portion of the
right-of-way of any public street is illegal unless the person, firm
or corporation making or responsible for the same shall have first
obtained a permit therefor from the Borough. Penalties hereunder shall
supplement and not preclude other remedies for preventing or removing
the same.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
The application for permission to encroach shall be made, in
writing, on a zoning permit application form provided by the Borough
and shall be signed by the applicant. Filing of an application shall
constitute an agreement to abide by all rules and regulations promulgated
by the Borough. The application shall set forth the location and ownership
of the property and a description of the proposed encroachment, along
with plans and specifications. In addition, the applicant shall furnish
such other or further information as the Borough may require. The
application shall be accompanied by the appropriate filing fee, as
amended periodically, and by any inspection fee or deposit as prescribed
by such regulation.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
The Borough may grant a permit if, to the extent that and for
so long as the encroachment is and remains consistent with the public
interest, use, convenience and necessity. The Borough shall consider
the factors permitting a specific encroachment, including pedestrian
safety, accidentally crossing the curb, parking space markings and
location of poles, light standards, sign posts or trees, and vehicular
movement. Said permit will be personal to the applicant and, upon
sale of the abutting premises (in the absence of a new permit) or
within 60 days after the giving or posting of notice that the encroachment
has ceased to be consistent with the public interest, said encroachment
shall immediately be removed by and at the expense of the applicant
or owner of abutting premises. Acceptance of the permit shall constitute
an agreement by the applicant to save the Borough, its officers, police
and agents harmless from any and all costs, damages and liabilities
which may accrue or be claimed by reason of such encroachment or work
thereon or lack of maintenance thereof.
[Added 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
No person shall create or allow any obstruction to public streets,
rights-of-way or public sidewalks, including vehicles (except those
legally parked), play or recreation apparatus, debris, and vegetation
growth. Vegetation shall be maintained by the property owner so the
entire roadway and sidewalk width shall be clear and have seven feet
of vertical clearance for sidewalks, and 14 feet of vertical clearance
as measured at the pavement/curbline or edge of roadway for streets.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987; 7-11-1988 by Ord. No.
972, approved 7-11-1988]
A penalty under this article, upon conviction for violation
(including failure to remove an encroachment as aforesaid), shall
be sentencing the violator to pay not less than $100 nor more than
$600 for each day the violation continues, and costs, and, upon refusal
to pay the same, to be imprisoned for not more than 30 days.
