[HISTORY: Adopted by the Borough Council of the Borough of Bradford Woods as indicated in article histories. Amendments noted where applicable.]
Stormwater management — See Ch. 190.
Article I Encroachment on Utility and Storm Drain Easements
[Adopted 5-7-2018 by Ord. No. 456]
As used in this article, the following terms shall have the meanings indicated:
- A. A structure placed within a municipal utility line easement; or
- B. An activity or condition, whether below grade, at grade or above grade, which results in interference with the ability of the Borough to access, maintain, repair or replace its stormwater lines, stormwater BMPs or related equipment, facilities or appurtenances.
- MUNICIPAL UTILITY
- Stormwater lines, stormwater BMPs and related facilities, equipment and appurtenances of the Borough.
For the purpose of exercising its easement rights and its responsibilities to maintain and operate its various municipal utilities, the Borough shall be afforded the right of ingress and egress to, from, along, on, in, above and below the surface of the land encompassed by its municipal utility easement.
The Borough has 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 reasonably and necessary times as required by this section. In emergency situations, little or no notice may be afforded, as circumstances demand.
Upon demand, unauthorized encroachments shall be removed by the property owner and/or occupant within the time limit set by the Borough when demand is made and shall not be restored without approval of the Borough. If the encroachment has not been removed within the time limit set by the Borough, the Borough 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, to collect such costs and fees the Borough 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.
It shall be unlawful for any person, firm, or corporation to:
Cause or permit an unauthorized encroachment on a Borough municipal utility easement; or
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 Borough; or
After demand, fail to abate or otherwise remove or discontinue any action or condition which results in an unauthorized encroachment.
The Borough, 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 Borough immediate access to the easement. The revocable license shall be in the form of a recordable license agreement.
Any person violating any provision of this article, 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.
The provisions of this article may be enforced by the Borough or its authorized representative.