As used in this article, the following terms shall have the meanings indicated:
ENCROACH or ENCROACHMENTConstructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any street or easement that contains a Township water facility, including but not limited to the performance of any of the following acts:
A. Excavating or disturbing a street or easement that contains a Township water facility;
B. Erecting or maintaining any post, sign, pole, fence, scaffolding, guiderail, wall, pipe, conduit well casing, cable, wire, communication service equipment, or other facility or structure, whether permanent or temporary, on, over, or under a street or easement that contains a Township water facility;
C. Planting a tree, shrub, grass, or other vegetation, whether permanent or temporary within a street or easement that contains a Township water facility;
D. Constructing, placing, or maintaining on, over, under, or within a street or easement that contains a Township water facility whether permanent or temporary, any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, cable, well casing, wire, communication service equipment or facility, or cable;
E. Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object, whether permanent or temporary, adjacent to a street or easement that contains a Township water facility which causes or may cause an encroachment.
EXCAVATIONAny trench cuts within a street or easement that contains a Township water facility to access or install a utility line or any related facility. Excavations may require the filing of a utility encroachment permit.
EXCAVATORThe applicant/permittee to whom a utility encroachment permit is issued for the purposes of excavation in a street or easement that contains a Township water facility.
FACILITYAny fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; storm drain; man-hole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across a street or easement that contains a Township water facility.
PERMITTEEAny person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
STREETThe full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public whether accepted and owned by the Township, county, state or an association.
STRUCTUREAny physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drain age facility, pipe, embankment, or excavation.
UTILITYAny person or entity providing electric, gas, telephone, telecommunications, water, or other services to customers in Allamuchy Township and which pursuant to state law or local franchise is entitled to install its facilities in a street or right-of-way.