[Adopted 5-7-2018 by Ord.
No. 456]
As used in this article, the following terms shall have the
meanings indicated:
ENCROACHMENT
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.
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.