[Adopted 9-20-2005 by Ord. No. 36-12]
The purpose and intent of this article is to
establish regulations pertaining to the underground installation of
any sanitary or stormwater piping or other underground facilities
in any property situate in Whitpain Township to assure that the underground
facilities so installed and any easement areas in which said installations
are placed shall be clear of any temporary or permanent construction
or landscaping of such a nature that will either impede or interfere
with access to said underground facilities or which could cause any
damage to the facilities through growth of root structures into the
facilities.
For purposes of this article, the following
definitions shall apply:
EASEMENT
A tract parcel or strip of land, established by a legal description
and described in a deed of easement or declaration of covenants, easements
or restrictions and suitable for recording, in which is described
easement area, sanitary sewer pipes, stormwater pipes, electrical
wires or conduit or other utility services or other facilities, including
junction boxes, pumping stations, meter pits or other similar types
of equipment.
STRUCTURE
Any form or arrangement of building materials, including
walls and fences, which involves the necessity of providing support,
bracing, anchoring or other protection against the forces of the elements.
UNDERGROUND FACILITY
Any piping, conduit, electric wiring or other type of conveying
entity or structure; any juncture box, pumping station, meter pit,
or other similar types of equipment or facilities designed for installation
underground or at the surface of the ground and housed in a vault
or other underground structure.
No property owner or his, her or its, tenants,
subtenants, heirs, successors or assigns, of any property upon which
an easement shall be installed, whether underground, on the surface
of the ground or above ground, shall be permitted:
A. To install any temporary or permanent structure, wall,
fence or building along or across, under, over or through any of the
underground facility;
B. To install any temporary or permanent structure, wall,
fence or building along, across, under, over or through any easement
area in which such underground facility is installed or intended to
be installed;
C. To install, plant, cultivate or otherwise permit the
installation of any landscaping or plant materials having a depth
of root structure when either initially installed or subsequently
expected to develop, which will, in any way, cause or risk damage
to, intrusion of or dislodgment of the underground facilities within
the easement area.
Any violation of any provision of this article
shall be deemed a summary criminal offense and, upon conviction thereof,
shall be subject to a fine of not less than $600, plus costs for each
day that the offense continues. Each day of noncompliance shall constitute
a separate offense.
[Adopted 10-4-2005 by Ord. No. 36-14]