[HISTORY: Adopted by the Borough Council of the Borough of
Bradford Woods as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 190.
[Adopted 5-7-2018 by Ord.
No. 456]
As used in this article, 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 Borough
to access, maintain, repair or replace its stormwater lines, stormwater
BMPs or related equipment, facilities or appurtenances.
Stormwater lines, stormwater BMPs and related facilities,
equipment and appurtenances of the Borough.
A.
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.
B.
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.
C.
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:
A.
Cause or permit an unauthorized encroachment on a Borough 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 Borough; or
C.
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.
A.
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.
B.
The provisions of this article may be enforced by the Borough or
its authorized representative.
