Township of Mine Hill, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 12-1-2016 by Ord. No. 20-16]
For the purposes of this article, the following terms and phrases shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context:
ENCROACHMENT
Any fixture such as a wall or fence, boulder, shrubbery, planting, bushes or trees (except only grass) which intrudes into or invades any portion of the public right-of-way; provided that trees planted parallel to the public right-of-way, which do not obstruct passage, are permitted.
OBSTRUCTION
Any permanent hindrance, obstacle or barrier which in any manner impedes the flow of traffic on the highway and closes it to public travel.
OWNER
The holder of the title in fee simple of the real property on which said encroachment or obstruction is situated.
PRIVATE UNDERGROUND SYSTEM
Any permanent underground device installed for private use, such as but not limited to underground irrigation systems or in-ground electric pet fencing systems.
PUBLIC OFFICER
The officer or officers who are authorized by this article to exercise the powers prescribed herein.
PUBLIC RIGHT-OF-WAY
Any street, road, avenue or highway, including the sidewalk areas, for the full width of the dedication to the public.
No owner of any real property located in the Township of Mine Hill shall erect, construct or maintain, or permit to be erected, constructed or maintained, within the limits of the public right-of-way, any encroachment or obstruction as herein defined.
A. 
Private underground sprinkler systems, invisible fencing, and mailboxes in compliance with Article VI of this chapter, are permitted in the right-of-way, provided that the private improvement is not an obstruction and the owner agrees that the Township assumes no responsibility for or liability arising out of the installation, care, operation, future maintenance or repair of any portion of a private improvement installed within a public right-of-way or utility easement.
B. 
Private improvements located within a public right-of-way or utility easement shall in no way interfere with the right of the Township, its contractors or other utilities to excavate therein for repair, maintenance or installation of any public utility, street, sidewalk, curb or for any other purpose.
C. 
The Township will not, under any circumstance, maintain, repair or replace any portion of private underground systems, invisible fencing, or mailbox located within a public right-of-way or utility easement which might be damaged or removed by any work, accident, maintenance activity or construction activity undertaken by the Township, its contractors or other utilities.
The Mayor of the Township of Mine Hill and any Township official designated by the Mayor shall be, and he/they are hereby designated as, the public officer(s) to exercise the powers prescribed by this article.
Whenever a public need exists and the attention of the public officer is called to the existence of any encroachment on or obstruction of, on, or in a public right-of-way in the Township of Mine Hill, the officer shall prepare and serve upon the owner of the premises, personally or by regular and registered mail, a written demand for the removal of the encroachment or obstruction within 30 days after service of such demand upon the owner.
If the owner fails to comply with the order to remove said encroachment or obstruction, the public officer shall initiate a proceeding for the penalty herein provided and, in addition thereto, may cause said encroachment or obstructions to be removed. In that event, the cost of such removal shall be certified to the Collector of Taxes, and shall be a municipal lien upon the real property against which such cost was incurred.
Nothing in this article shall be construed to abrogate or impair the powers of any department of the Township of Mine Hill to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition and supplemental to the powers conferred by any other ordinance of the Township of Mine Hill.