[Ord. 72-3, 12/21/1972, § 1]
The purpose of this Part 1C is to establish rules and regulations
relating to the filling of deep holes dug for the purpose of conducting
soil tests pursuant to an application for a sewage permit.
[Ord. 72-3, 12/21/1972, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part 1C shall be as follows:
The person appointed by the New Hanover Board of Supervisors
to enforce all laws relating to the construction, alteration, removal
and demolition of buildings and structures.
Any hole, three feet or more in depth, which has been dug
for the purpose of conducting soil tests.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
New Hanover Township, Montgomery County, Pennsylvania.
[Ord. 72-3, 12/21/1972, § 3]
The Building Inspector is hereby authorized and empowered to
under take within the Township the control of deep holes.
[Ord. 72-3, 12/21/1972, § 4]
Within 10 days from the date that soil tests are conducted on
a deep hole, the owner of the property on which the hole has been
dug shall completely fill the hole or cause the hole to be completely
filled.
[Ord. 72-3, 12/21/1972, § 5]
In the event the real or equitable owner of property on which a deep hole has been dug wishes to have the hole remain open for any reason beyond the ten-day period as set forth in § 18-134, he shall make written application to the Building Inspector stating the reasons why he wishes the hole to remain open. Upon said written application, the Building Inspector may, at his discretion permit the hole to remain open and can require the landowner to take whatever precautions he feels are necessary to insure the safety of the general public.
[Ord. 72-3, 12/21/1972, § 6; as amended by Ord.
97-7, 10/13/1997, § 18-406; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision
of this Part 1C, upon conviction thereof in an action brought before
a magisterial district judge 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 $25 nor more than
$1,000 plus costs 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 1C continues or each section of the part which shall
be found to have been violated shall constitute a separate offense.
Notwithstanding the same, the Township may seek enforcement by means
of request for injunctive relief or other equitable remedies as may
be provided by law in a court of competent jurisdiction.
