[Ord. 668, 11/13/2013]
As used in this Subpart, the following terms shall have the
meanings indicated:
A structure placed within a municipal utility line easement;
or
An activity or condition, whether below grade, at grade or above
grade, which results in interference with the ability of the Township
or Authority to access, maintain, repair or replace their sanitary
sewer lines, stormwater lines, stormwater BMPs or related equipment,
facilities or appurtenances.
Sanitary sewer lines, stormwater lines, stormwater BMPs and
related facilities, equipment and appurtenances of the Township or
Authority.
[Ord. 668, 11/13/2013]
1.
For the purpose of exercising their easement rights and their responsibilities
to maintain and operate their various municipal utilities, the Township
and Authority shall be afforded the right of ingress and egress to,
from, along, on, in, above and below the surface of the land encompassed
by their municipal utility easement.
2.
The Township and Authority have the right to access any municipal
utility easement upon demand. Such demand may be made in person or
by first-class mail or other reasonable means of notification and
will advise that access to the easement must be provided and maintained
at all reasonable and necessary times as required by this section.
In emergency situations, little or no notice may be afforded, as circumstances
demand.
3.
Upon demand, unauthorized encroachments shall be removed by the property
owner and/or occupant within the time limit set by the Township or
Authority when demand is made and shall not be restored without approval
of the Township or Authority. If the encroachment has not been removed
within the time limit set by the Township or Authority, the Township
or Authority may remove the encroachment itself, but the removal costs,
court costs, attorneys' fees, engineering fees and administrative
costs incurred in connection with such removal shall be charged back
to the property owner and/or occupant and, provided further, that
to collect such costs and fees, the Township or Authority may, in
addition to any other remedy available at law or in equity, institute
appropriate action against the owner or occupant of the property on
which the encroachment is located and may file a municipal claim for
such costs and fees pursuant to 53 P.S. § 7107 et seq.,
and for interest of 6% per annum plus a penalty of 5% of the amount
due plus attorneys' fees in connection with filing of the municipal
claim.
[Ord. 668, 11/13/2013]
1.
It shall be unlawful for any person, firm, or corporation to:
A.
Cause or permit an unauthorized encroachment on a Township or Authority
municipal utility easement; or
B.
Cause any municipal easement to not be readily accessible due to
the conditions on the premises or actions of the person, firm, or
corporation, or others, such as locked gates, fences, animals, shrubbery,
construction, structure additions or modifications, storage of materials
or debris, parking or storage of vehicles, boats, or trailers, deposit
of soil or fill, or any other obstruction which shall in any way prevent
or deny access to such easement to the Township or Authority; or
C.
After demand, fail to abate or otherwise remove or discontinue any
action or condition which results in an unauthorized encroachment.
[Ord. 668, 11/13/2013]
The Township or Authority, at its discretion, may authorize
an encroachment by way of a revocable license agreement upon application
for the same from the property owner. Such license shall only be issued
if it is determined that the encroachment can be removed in a timely
fashion as to allow the Township or Authority immediate access to
the easement. The revocable license shall be in the form of a recordable
license agreement.
[Ord. 668, 11/13/2013]
1.
Any person violating any provision of this subpart, upon conviction
thereof, shall be sentenced to pay a fine of not more than $1,000,
plus costs, and, in default of payment of said fines and costs, to
a term of imprisonment not to exceed 30 days. Each day of violation
shall constitute a separate offense.
2.
The provisions of this subpart may be enforced by Collier Township,
Collier Township Municipal Authority, the Collier Township Police
Department, or any authorized representative of the Township or Township
Municipal Authority.
3.
This subpart shall be incorporated into the Rules and Regulations
of the Authority, any violation therefore being referable by the Authority
for prosecution as a summary offense pursuant to 53 Pa.C.S.A. § 5607(d)(17).
The Authority is specifically hereby authorized, through its designated
representative(s), to file citations as needed to commence such prosecution
for a summary offense.
[Ord. 668, 11/13/2013]
The provisions of this subpart are severable. If any section,
clause or portion of this subpart shall be held to be invalid, illegal
or unconstitutional, the remaining provisions shall not be affected
or impaired.
[Ord. 668, 11/13/2013]
Any ordinance or resolution conflicting or inconsistent with
this subpart is hereby repealed to the extent of such conflict.
[Ord. 668, 11/13/2013]
This subpart is effective upon adoption by the Collier Township
Board of Commissioners.