[Adopted 4-10-1989 by Ord. No. 6-1989 (Ch. 21, Part 5B, of
the 1989 Code)]
It shall be unlawful for any person, persons, firm or corporation
to place, erect or build any porch, portico, doorsteps, railing, bulk,
bay or jut window, areaway, cellar door or cellar window, sign and
sign post, board, pole or frame awning, awning post or other device
or thing, projecting over, under, into, onto or otherwise occupying
the rights-of-way, easements, roadways and sidewalks owned in fee
or being in favor of the Township, the Municipal Authority or any
other authority created by the Township according to state law, without
first obtaining an encroachment permit from the Manager.
The Manager may issue an encroachment permit at his sole reasonable
discretion if he determines that the following criteria have been
met:
A.
Submission of plans and specifications showing the nature of the
encroachment, the structure and its exact location;
B.
A report from the Township Engineer or the appropriate authority
engineer that the structure and the construction thereof will not
adversely affect the operation or maintenance of the municipal facility
in the easement or hinder or prohibit future use of the easement by
the Township or the appropriate municipal authority;
C.
Written consent of the appropriate authority, if any;
D.
A report from the zoning official that the structure will meet all
the requirements of the Robinson Township Zoning Ordinance, as amended;
and
E.
The recording of an encroachment agreement by and between the Township
and the subservient property fee owner or owner of the encroachment
where there is no subservient property in the Allegheny County Recorder's
Office.
The Manager may enter into an encroachment agreement with the
owner of fee simple interest in real property or such owner's
agent or tenant with suitable power to bind said owner, establishing
the terms and conditions for encroaching upon a Township or authority
easement, or with the owner of the encroachment where there is no
subservient property. Said agreement shall be in recordable form and
shall include but not be limited to provisions providing for:
A.
An indemnity of the Township and the appropriate municipal authority,
if any;
B.
An agreement for the permittee to maintain the easement in and around
the encroachment area and the Township or authority facility therein
while the encroachment exists;
C.
An agreement to remove the encroachment upon notice by the Township
to the permittee; and
D.
Such other provisions as the Township Solicitor deems necessary to
protect the Township's or appropriate authority's interests
in the easement area. The Board of Commissioners may, by resolution,
authorize the Manager to waive one or more of the above conditions
where it determines such provisions are not necessary to protect the
Township's easement interest.
[Amended 8-14-1989 by Ord. No. 16-1989]
The fee for an encroachment permit shall be established by resolution
of the Board of Commissioners and may be changed by the Board of Commissioners
from time to time by resolution. In addition to the permit fee, the
applicant shall reimburse the Township for the cost, and the same
shall be paid at the time of application. Any balance due shall be
paid by the applicant prior to the issuance of the permit.
The Manager shall inform the Board of Commissioners of his intent
to execute an encroachment agreement at least 10 days prior to its
execution. The Board may, by resolution, disapprove the agreement,
and thereafter the permit shall be denied. Failure to act shall be
deemed approval.
A.
In addition to the penalties imposed by this article for the violation
of any provision hereof, the person, firm or corporation, upon notice
of the violation, shall immediately remove the offending structure
or obstruction, and on failure to so remove the offending obstruction,
the Township may remove the same at the cost of the property owner
and collect the costs therefor in any manner provided by law.
B.
Nothing in this section shall be deemed to waive any rights or remedies
available to the Township or any authority in regard to enforcement
of its easements interest. The Township may proceed in law or equity
to enforce its rights.
[Amended 8-14-1989 by Ord. No. 16-1989]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and, in default of payment, to undergo
imprisonment for a term not to exceed 30 days.
