No permit shall be issued by the Township Roadmaster which would
allow an excavation or opening a paved and improved street surface
less than five years old unless the applicant can clearly demonstrate
that public health or safety requires that the proposed work be permitted,
unless an emergency condition exists, or unless the Township Roadmaster
determines that the work proposed is made technically infeasible or
impossible by the aforesaid restriction.
Any person, firm or corporation who shall violate any provision of this Part
2, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, including reasonable attorney fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part
2 continues or each section of this Part
2 which shall be found to have been violated shall constitute a separate offense.