[HISTORY: Adopted by the Township Council of the Township
of Moorestown as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 56.
Flood damage prevention — See Ch. 83.
Soil removal — See Ch. 150.
Subdivision of land — See Ch. 158.
Preservation and restoration of existing vegetation — See Ch. 160.
Water and sewers — See Ch. 175.
Zoning — See Ch. 180.
Sewage disposal (Board of Health) — See Ch. 208.
Sewer connections (Board of Health) — See Ch. 210.
[Adopted 4-27-2015 by Ord. No. 9-2015]
As used in this article, the following terms shall have the
meanings indicated:
Depositing materials on Township open space, including, but
not limited to, debris, soil, fill, waste, trash, chemicals, pollutants,
fertilizer, petroleum products, paints, tires, metal, or lumber.
Any unauthorized activity on Township open space or Township
easement, unless specifically permitted pursuant to the written terms
of the easement, that causes damage or alteration to the land, vegetation,
drainage, groundwater or other features thereon or restricts the use
thereof, including, but not limited to, erecting buildings, playsets
or other structures; constructing paved or unpaved roads, driveways,
or trails; altering or building stone walls or steps; altering, filling,
or piping drainage conveyances; trimming or removing trees or other
vegetation; sowing plants, gardens, lawns, or landscaping; installing
fences or utilities; removing boundary markers; parking vehicles or
depositing automotive parts; or dumping.
Any easement granted to the Township that restricts the use
of a portion of land either by deed, ordinance, or filed map.
Includes any land, park, forest, wildlife management area,
refuge, preserve, sanctuary, wetlands area or water body owned by
the Township or any easement deeded to the Township.
No person may encroach or cause another person to encroach on
Township open space or Township easement without the express written
permission of the Township Council. Violators of this provision shall
remedy any encroachment or dumping to the satisfaction of the Township
Engineering Department, Public Works Department or Board of Health.
If Township open space or Township easement is used in violation of
or contrary to the provisions of this article within the Township
limits, without obtaining express written permission from the Township
Council, the Township may also institute an action to enjoin or take
any other appropriate action or proceeding to halt or remedy such
encroachment.
A.
The Zoning Officer shall be responsible for enforcement of the provisions
of this chapter.
B.
For a period of 90 days following the effective date of this article,
the Township shall engage in a public outreach and education program
to all Township property owners concerning the adoption of this article
and the Township's regulatory program concerning encroachments
upon public open space land.
C.
Following the expiration of the ninety-day public outreach and education
program, the Township shall proceed with enforcement of the requirements
of this article.
D.
In the event that a complaint is received by the Township regarding
an encroachment, or if the Zoning Officer, by observation or inspection,
determines that there is an encroachment or invasion on any adjoining
public property or public right-of-way, the Township shall notify
the property owner, in writing, by way of a notice of violation, that
a violation exists, and demand the removal of the encroachment from
such public property or public right-of-way and demand confinement
against future encroachment by the property owner.
E.
If the property owner does not remove or contract for the removal
of the encroachment on to public property or public right-of-way within
45 days of the date of notice of violation, the Zoning Officer shall
cause a citation to be issued with a penalty up to $500 for each day
the violation continues, enforceable through the Municipal Court of
the Township of Moorestown.
F.
When the Township identifies an encroachment upon public property
or public right-of-way, following the issuance of a notice of violation
to the property owner and the property owner's failure to timely
comply with the requirements of the notice of violation, the Township
may, at its discretion, remove or contract for the removal of the
encroachment from the Township property or public right-of-way, the
cost of which shall be the responsibility of the property owner and
shall be assessed as a lien against the property owner on which the
encroachment originated.
G.
Additional fines may be assessed by the Zoning Officer pursuant to
the severity of the encroachment issue.
Any property owner, agent, person, contractor or corporation who violates any of the provisions of this article or who fails to comply with any of the requirements thereof or causes another person to violate any provisions of this article or who refuses reasonable opportunity to inspect any premises shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to the penalty stated in § 70-3 above.
