Politics & Government
Bernards Officials Looking at How to Stop Easement Violations
Officials say some residents may realize they are encroaching on sewer or environmental easements.
With its spread out terrain and meandering brooks — not to mention underground sewer lines — Bernards Township is filled with property "easements" that prohibit owners from building or otherwise encroaching on land set aside for a purpose.
But township officials have been grappling with ways to prevent property owners from knowingly, or sometimes unknowingly, violating easement agreements.
"This has been an ongoing issue," Bernards Township Committeeman John Malay said at last week's Township Committee meeting.
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The Township Committee is looking at drafting an ordinance to enforce easements — which can be located on private property near areas such as streams, parkland or sewer lines.
But Malay cautioned last week, "We need to draft an ordinance that we can enforce in an even-handed manner." He said that the first step often should be to simply inform property owners that they have encroached on an easement and to ask them to remedy the situation.
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That can include replanting trees that have been cut down in an area that was supposed to remain open space. Deputy Mayor John Carpenter on Thursday said that sometimes residents might be required to move back a structure such as a shed to keep it out of an easement — or even from crossing a line onto public open space property.
Carpenter said that at nearly all times property owners will comply with an order to respect an easement. But Carpenter pointed to one "audacious" example in which he said a property owner off Blackburn Road has installed a drainage pipe and otherwise encroached on municipal land set aside for public use in that development.
Officials are also considering who would enforce such a law. Carpenter said he himself would not favor having police enforce what essentially would be a zoning law.
Nevertheless, committee members said they want some way to deal with easement encroachments when they occur.
"We need to have that authority to move forward," including to protect open space, said Township Committeeman Scott Spitzer.
Township Engineer Tom Timko said Thursday that the ordinance discussed at last week's meeting is being edited. However, he said he does not know yet if the proposal will be ready in time to introduce at next Tuesday's scheduled Township Committee meeting.
Easements are attached to property rights and remain in place even when a property is sold.
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