[Ord. No. 2005-10]
Any property owner wishing to erect a fence or portion of fence
within any drainage or utility easement area controlled by the Township
of Greenwich shall first obtain written permission in the form of
a signed and recorded license agreement from the Township or its designee
for such purpose. Such requirement shall be additional to any other
applicable required governmental approvals, such as zoning and/or
construction permits.
[Ord. No. 2005-10]
Applications for permission to erect fencing within a drainage
or utility easement owned by the Township shall be obtained from the
Zoning Officer and submitted, together with the requisite documentation,
application fee and escrow fee. If the application is found by the
Zoning Officer to be in order, he shall refer same to the Township
Engineer for his review, inspection and recommendation.
[Ord. No. 2005-10]
The fee for an application to erect a fence in a drainage or
utility easement area shall be $25. In addition, the applicant shall
deposit a sum sufficient to pay for the engineering and other professional
review of the application. The escrow deposit for a drainage or utility
easement not involving any underground utilities shall be $250. The
escrow for proposed fence installation in a drainage or utility easement
involving underground pipes or utilities shall be $500 initial deposit.
Escrow deposits shall be administered so far as is applicable in accordance
with the professional escrow requirements of the Municipal Land Use
Law, and replenishment of escrow deposits may be required, if necessary,
in order to properly process the application and complete all inspections.
[Ord. No. 2005-10]
The Township Engineer's office shall review all applications
for installation of fencing in drainage or other utility easements
and shall conduct, where necessary, site inspections of the relevant
areas both before and after installation.
[Ord. No. 2005-10]
No fencing shall be installed within such drainage or utility
easement areas without an approved license agreement from the Township
of Greenwich or its designee.
[Ord. No. 2005-10]
The property owner or its successors and assigns shall be solely
responsible for maintenance of any fencing installed and shall be
solely responsible for any damage caused by such fencing, and in the
event that fencing is found to interfere in any way with the functioning
of the drainage or utility easements, it shall be the responsibility
of the property owner to remove the fencing and restore the area.
Under no circumstances shall the Township of Greenwich be responsible
for the maintenance or repair of the fencing in a drainage or utility
easement area.
[Ord. No. 2005-10]
A license agreement memorializing the granting of permission
to erect fencing in a drainage or utility easement area shall be prepared,
and upon approval and signing, shall be recorded in the Warren County
Clerk's office, and shall be binding upon the property owner and all
those who succeed to the property owner's right, title or interest.
Said license agreement shall provide that the licensee shall indemnify
and save harmless the Township of Greenwich and its engineer and professionals,
their employees, agents or servants, from all suits, actions, demands,
claims, losses, damages, expenses and/or costs of every kind and description,
to which the above persons may be subjected or put by way of injury,
including death, to persons or property, resulting from a manner or
method employed by the licensee, his employees, agents, servants or
subcontractors in the installation or placement of any fencing in
any drainage or utility easement area, or from any neglect or default
of the licensee, his employees, agents, servants or subcontractors,
and whether such suits, actions, demands, claims, losses, damages,
expenses and/or costs be against, sustained or suffered by the Township
or any of the other above-named persons, or for which the same may
become liable therefor.
[Ord. No. 2005-10]
The Township of Greenwich at all times reserves the right to
grant, limit or deny permission to a property owner to erect fencing
in any drainage or utility easement area controlled by the Township,
whenever determined by the Township, in its absolute discretion, to
be necessary or appropriate.
