[Adopted 2-21-1979 by Ord. No. 1979-2]
This article shall be known and cited as the "Backfill Ordinance."
It is hereby declared that the intended purpose of this article
is to prevent the unsatisfactory backfilling with unsuitable material
of ditches affecting Township roads.
Any person who cuts a ditch that affects any part of a Township
road, if that part of the Township road is regularly used for vehicle
passage, shall backfill such ditch in compacted eight-inch layers
with 2CR stone to the full depth of the excavation.
In lieu of complying with the provisions of § 182-26 above, a person may backfill such a ditch with other suitable material if, and only if, he has previously obtained the written approval of the Township Roadmaster to so backfill.
As used in this article, the following terms shall have the
meanings indicated:
any natural person, partnership, corporation, association,
political subdivision or authority, and any other legal entity.
If a six-inch drop appears in any of the ditches to which this
article applies, the Township shall consider, absent evidence to the
contrary, that the ditch was not properly backfilled and that this
article was violated.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
