[Added 3-13-1989 by Ord. 3-13-89B]
[Amended 11-12-2012 by Ord. No. 11-12-12B]
59.107.1.
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.
59.108.1.
The Municipal Manager may issue an encroachment permit at his
sole, reasonable discretion if he determines that the following criteria
have been met:
1.
Submission of plans and specifications showing the nature of the
encroachment, the structure and its exact location;
2.
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;
3.
Written consent of the appropriate authority, if any;
4.
A report from the Zoning Official that the structure will meet all
the requirements of the Zoning Ordinance hereof; and
5.
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.
59.109.1.
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:
1.
An indemnity of the Municipality and the appropriate municipal authority,
if any;
2.
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;
3.
An agreement to remove the encroachment upon notice by the Municipality
to the permittee; and
4.
Such other provisions as the Municipal Solicitor deems necessary
to protect the Municipality's or appropriate authority's interests
in the easement area.
59.109.2.
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]
59.110.1.
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.
59.111.1.
The Municipal Manager shall inform the Municipal Council of
his intent to execute an encroachment agreement at least 10 days prior
to its execution.
59.112.1.
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.
