[HISTORY: Adopted by the Collier Township
Municipal Authority as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-16-2011]
Sanitary sewer easements may be located in and through property
that an individual has purchased or plans to purchase. It is the purchaser's
responsibility to determine the exact location of the sanitary sewer
easement from documents that are available in the Department of Real
Estate of Allegheny County or by conducting appropriate surveys of
the property.
Property owners are not permitted to construct anything over
or on top of a sanitary sewer easement, with the exception of a sidewalk
or a driveway. No buildings, sheds, porches, walls, etc. may be constructed
in or over the sanitary sewer easement.
Purchasers should verify that there is no encroachment into
the sanitary sewer easement of any property that may be purchased
within the Collier Township Municipal Authority ("Authority") service
area as the purchaser will then be responsible for the removal of
the encroachment. The property owner will be responsible for the removal
of the encroachment within the easement. The Authority reserves the
right to refuse to issue a municipal lien letter or the Authority
will issue a municipal lien letter showing the violation and noting
the unauthorized encroachment. This may restrict or delay a property
owner's ability to sell or transfer the property.
[Adopted 12-12-2013 by Res. No. 12-12-13-01]
As used in this article, the following terms shall have the
meanings indicated:
- ENCROACHMENT
- An activity or condition, whether below grade, at grade or above grade, which results in interference with the ability of the Township or Authority to access, maintain, repair or replace their sanitary sewer lines, stormwater lines, stormwater BMPs or related equipment, facilities or appurtenances.
- MUNICIPAL UTILITY
- Sanitary sewer lines, stormwater lines, stormwater BMPs and related facilities, equipment and appurtenances of the Township or Authority.
A.
For the
purpose of exercising their easement rights and their responsibilities
to maintain and operate their various municipal utilities, the Township
and Authority shall be afforded the right of ingress and egress to,
from, along, on, in, above and below the surface of the land encompassed
by their municipal utility easement.
B.
The Township
and Authority have 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 Township or Authority
when demand is made, and shall not be restored without approval of
the Township or Authority. If the encroachment has not been removed
within the time limit set by the Township or Authority, the Township
or Authority may remove the encroachment itself, but the removal costs,
court costs, attorney's 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, that
to collect such costs and fees, the Township or Authority 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 attorney's fees in connection with filing of the municipal
claim.
D.
Notice
may be provided by certified mail or regular mail by first-class or
posting of the property or by telephone at the option of the Authority.
Unless there is, in the opinion of the Authority, an emergency need
for access, a minimum of 10 days' notice shall be provided to the
property owner and/or occupant to remove the encroachment. Should
the Authority determine that there is an emergency need for access
to the sewer system, the Authority representatives are authorized
to remove the encroachment at the expense of the property owner.
It shall be unlawful for any person, firm, or corporation to:
A.
Cause or
permit an unauthorized encroachment on a Township or Authority 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 Township or Authority; or
C.
After demand,
fail to abate or otherwise remove or discontinue any action or condition
which results in an unauthorized encroachment.
The Township or Authority, 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 Township or Authority 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 Collier Township, Collier Township
Municipal Authority, the Collier Township Police Department, or any
authorized representative of the Township or Township Municipal Authority.
C.
This article
shall be incorporated into the rules and regulations of the Authority;
any violation therefore being referable by the Authority for prosecution
as a summary offense pursuant to 53 Pa.C.S.A. § 5607(17).
This resolution is effective upon adoption by the Collier Township
Board of Commissioners of Ordinance 668, adopted November 11, 2013,
which also regulated encroachments on and over utility easements.
