[Adopted 12-4-2012 by Ord. No. 2012-932]
For the purposes of this article, the following terms and phrases
shall have the meanings set forth in this section, unless a different
meaning is clearly indicated by the context:
Any permanent fixture such as a wall or fence, shrubbery,
planting, bushes or trees (except only grass) which intrudes into
or invades a portion of the public right-of-way, obstructing or diminishing
the width or area of the same but without closing it to public travel;
provided that trees planted every 50 feet along and parallel to said
public right-of-way, which do not obstruct passage, are permitted.
Paving or other improvements to areas within the right-of-way used
for any purpose, including parking of vehicles, is an encroachment.
[Amended 5-7-2019 by Ord. No.
2019-1018]
Any permanent hindrance, obstacle or barrier which in any
manner impedes the flow of traffic on the highway and closes it to
public travel.
The holder of the title in fee simple of the real property
on which said encroachment or obstruction is situated.
Any permanent underground device installed for private use,
such as but not limited to underground irrigation systems or in-ground
electric pet fencing systems.
The officer or officers who are authorized by this article
to exercise the powers prescribed herein.
Any street, road, avenue or highway, including the sidewalk
areas thereof for the full width of the dedication thereof, used for
the passage or movement of vehicles or pedestrians and members of
the public.
A.
No owner of any real property located in the Borough of Essex Fells
shall erect, construct or maintain, or permit to be erected, constructed
or maintained within the limits of the public right-of-way, any encroachment
or obstruction as herein defined.
B.
Before a public utility places, replaces or removes a pole or an
underground facility located in the Borough of Essex Fells, which
pole or underground facility is used for the supplying and distribution
of electricity for light, heat or power, or for the furnishing of
water service or telephone or other telecommunications service on
or below a public right-of-way in the Borough of Essex Fells, the
public utility shall, in addition to any other requirements of law,
notify the Construction Code Official of Essex Fells at least 24 hours
before undertaking any construction or excavation related to the placement,
replacement or removal of such pole or underground facility. For the
purposes of this section, "underground facility" means one or more
underground pipes, cables, wires, lines or other structures used for
the supplying and distribution of electricity for light, heat or power
or for the providing of water service, or for the furnishing of telephone
or other telecommunications service.
A.
The Borough assumes no responsibility for or liability arising out
of the installation, care, operation, future maintenance or repair
of any portion of a private underground system installed within a
public right-of-way or utility easement.
B.
Private underground systems located within a public right-of-way
or utility easement shall in no way interfere with the right of the
Borough, its contractors or other utilities to excavate therein for
repair, maintenance or installation of any public utility, street,
sidewalk, curb or for any other purpose.
C.
The Borough will not, under any circumstance, maintain, repair or
replace any portion of private underground systems located within
a public right-of-way or utility easement which might be damaged or
removed by any work, accident, maintenance activity or construction
activity undertaken by the Borough, its contractors or other utilities.
The Building Inspector of the Borough of Essex Fells shall be,
and he is hereby designated as, the Public Officer to exercise the
powers prescribed by this article.
Whenever a public need exists and the attention of the Public
Officer is called to the existence of any encroachment on or obstruction
of, on or in a public right-of-way, in the Borough of Essex Fells,
the officer shall prepare and serve upon the owner of the said premises,
personally or by registered mail, a written demand for the removal
of the encroachment or obstruction within 30 days after service of
such demand upon the said owner.
If the owner fails to comply with the order to remove said encroachment
or obstruction, the Public Officer shall initiate a proceeding before
the judge for the penalty herein provided and, in addition thereto,
may cause said encroachment or obstructions to be removed. In that
event, the cost of such removal shall be certified to the Collector
of Taxes, and shall be a municipal lien upon the real property against
which such cost was incurred.
Nothing in this article shall be construed to abrogate or impair
the powers of any department of the Borough of Essex Fells to enforce
any provisions of its ordinances or regulations, nor to prevent or
punish violations thereof; and the powers conferred by this article
shall be in addition and supplemental to the powers conferred by any
other ordinance of the Borough of Essex Fells.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $2,000, imprisonment
for a term not to exceed 90 days or community service for up to 90
days, or any combination thereof, for each and every violation. If
the violation is of continuing nature, each and every day during which
it continues constitutes a separate and distinct offense.
