Municipality of Bethel Park, PA
Allegheny County
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Table of Contents
Table of Contents
[Added 3-13-1989 by Ord. 3-13-89B]
[Amended 11-12-2012 by Ord. No. 11-12-12B]
No person, partnership, corporation, association or entity of any kind whatsoever owning an interest in real property subject to an easement, including, without limitation, rights-of-way and roads owned in fee, in favor of any of the following: the Municipality, the Municipal Authority, or any other authority created by the Municipality pursuant to state law, shall construct, allow to be constructed by others, or allow to remain any structure, as the term is defined in the Zoning Ordinance hereof, on, under or upon such easement without first obtaining an encroachment permit from the Municipal Manager.
The Municipal Manager may issue an encroachment permit at his sole, reasonable discretion if he determines that the following criteria have been met:
Submission of plans and specifications showing the nature of the encroachment, the structure and its exact location;
A report from the Municipal Engineer or the appropriate authority engineer that the structure and the construction thereof will not adversely effect the operation or maintenance of the municipal facility in the easement or hinder or prohibit future use of the easement by the Municipality or the appropriate municipal authority;
Written consent of the appropriate authority, if any;
A report from the Zoning Official that the structure will meet all the requirements of the Zoning Ordinance hereof; and
The recording of an encroachment agreement by and between the Municipality and the subservient property fee owner or owner of the encroachment where there is no subservient property in the Allegheny County Recorder's office.
The Municipal Manager may enter into an encroachment agreement with an owner of fee-simple interest in real property, or such owner's agent or tenant with suitable power to bind said owner, establishing the terms and conditions for encroaching upon a municipal or authority easement. Said agreement shall be in recordable form and shall include, but not be limited to, provisions providing for:
An indemnity of the Municipality and the appropriate municipal authority, if any;
An agreement for the permittee to maintain the easement in and around the encroachment area and the Municipal or authority facility therein while the encroachment exists;
An agreement to remove the encroachment upon notice by the Municipality to the permittee; and
Such other provisions as the Municipal Solicitor deems necessary to protect the Municipality's or appropriate authority's interests in the easement area.
The Municipal Council may, by resolution, authorize the Municipal Manager to waive one or more of the above conditions where it determines such provisions are not necessary to protect the Municipality's easement interest.
[Amended 11-12-2012 by Ord. No. 11-12-12B]
There shall be an application fee established for the issuance of the permit. The fee shall be set in accordance with a schedule of fees, charges, or expenses as determined by Municipal Council. This fee may be changed by the Municipal Council from time to time by resolution. In addition to the permit fee, the applicant shall reimburse the Municipality for the costs of the Municipal Solicitor's time for preparing and recording the agreement. The Municipal Manager shall estimate the cost, and the same shall be paid at the time of application. Any balance due shall be paid by the applicant prior to the issuance of the permit. Any excess shall be promptly refunded to the applicant after issuance of the permit.
The Municipal Manager shall inform the Municipal Council of his intent to execute an encroachment agreement at least 10 days prior to its execution.
Nothing in this article shall be deemed to waive any rights or remedies available to the Municipality or any authority in regard to enforcement of its easements interest. The Municipality may proceed in law or equity to enforce its rights.