[Ord. 635, 12/7/1992, § 2]
Any and all persons are hereby strictly prohibited from encroaching
upon, entering upon or in any other fashion occupying any right-of-way
or easement under the ownership or control of the Township or the
Authority. Such encroachment or occupancy of an easement or right-of-way
shall include the dumping of any amount of fill thereon or building
any structure, including fences, storage sheds, or decorative structures,
as well as any planting of trees, shrubbery, bushes or the like, without
a permit for the limited purposes enumerated as follows:
A.
The placing of topsoil not to exceed six inches for the purpose of
establishing a lawn, replacing sod or the like.
B.
The planting of annual flowers, annual vegetable gardens and other
nonperennial vegetation.
C.
The location of children's play equipment, provided that the
same is totally movable and portable and is in no way affixed to the
ground.
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The placing of topsoil or fill in excess of six inches is totally
prohibited; notwithstanding the foregoing, no fill or other material,
regardless of the depth thereof, may be placed on any right-of-way
or easement which will have the effect of changing the contour thereof;
such contour must be maintained for purposes of drainage.
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[Ord. 635, 12/7/1992, § 3]
Permits for such limited encroachment may be issued by the Township
Building Inspector and/or the Sanitary Authority Superintendent in
the case of sewer easements or rights-of-way upon application therefor
upon forms provided by the Township and after inspection by the Township
Building Inspector and/or Sanitary Superintendent, as appropriate.
[Ord. 635, 12/7/1992; as added by Ord. 695, 2/3/1997]
An application for a variance to the provisions of § 402
may be made to the Sanitary Authority of Elizabeth Township (hereinafter
called the "Authority"), on behalf of the Elizabeth Township Board
of Commissioners, for its consideration if the owner/applicant can
demonstrate to the satisfaction of the Authority that this Part creates
an unreasonable hardship and interferes with the orderly use of the
property; and an exemption may be granted subject to the following
conditions, all of which are to be supervised by the Authority:
A.
Owner/applicant agrees to televise the sewer affected prior to filling/construction
or to accept the Authority's appraisal of the condition of the
subject sewer.
B.
Owner/applicant agrees to televise the sewer within 30 days after
completion of filling/construction activity and provide an independent
report of its condition in a form that is acceptable to the Authority.
C.
Owner/applicant agrees to correct all damages present after filling/construction
that are not documented in the original inspection report.
D.
Owner/applicant agrees to grant the Authority permission to extend
work beyond the easement boundaries should it be necessary for the
Authority to excavate the sewer line in order to permit benching the
excavation ditch.
E.
Owner/applicant agrees to provide acceptable bond or cash security
prior to filling/construction activity authorization equal to $50
per linear foot of affected sewer line (but not less than $1,500)
to be retained by the Authority for a period of 24 months following
completion of filling/construction activities. Said bond is to be
used for televising (if not paid directly by the owner/applicant)
and the cost of repairs necessary for the subject sewer during the
twenty-four-month period following completion of filling/construction.
F.
Owner/applicant will provide detailed, approved engineering drawings
depicting the work planned at the time of application for a variance.
G.
Owner/applicant agrees, if any changes in elevation result from the
filling/construction activity, to cover the cost of the Authority's
engineering firm revising the Authority's reproducible plans
accordingly, including the cost of providing four copies of the revised
plan to the Authority's Superintendent.
[Ord. 635, 12/7/1992, § 4]
Any person violating any provision of this Part is guilty of
a summary criminal offense and is subject to a fine not to exceed
$600, as determined by the district justice of the peace having jurisdiction
to hear the matter, with a minimum fine of $10. Every day that a violation
of this Part is permitted to continue shall constitute a separate
and distinct violation subject to a separate and distinct penalty.
