[HISTORY: Adopted by the Board of Supervisors of the Township
of Marlborough as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch.
182.
Subdivision and land development — See Ch. 215.
[Adopted 6-10-1974 by Ord. No. 74-2]
Any person or other entity who digs or causes the digging of
a hole, trench or other excavation of any kind having a diameter in
excess of 12 inches, except as allowed by Township permit, shall have
it enclosed by fence, properly covered or backfilled when not actually
being used for the purpose dug and being attended to.
The proper officers of the Township are authorized and directed
to fence in, cover, or back fill any trench, hole, or other excavation
having a diameter in excess of 12 inches which is open and unattended,
and shall then charge the costs of such said fencing, covering, or
back filling to the owner or occupant of the land or to the person
or the entity who did the excavating.
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.
