As used in this article, the following terms shall have the
meanings indicated:
ENCROACH or ENCROACHMENT
Constructing 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.
EXCAVATION
Any 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.
EXCAVATOR
The 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.
FACILITY
Any 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.
PERMITTEE
Any 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.
STREET
The 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.
STRUCTURE
Any 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.
UTILITY
Any 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.