[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitpain as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-19-1986 by Ord. No. 165]
The codification of a complete body of ordinances for the Township of Whitpain, County of Montgomery, Commonwealth of Pennsylvania, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., consisting of Chapters 1 through 161, together with an Appendix, is hereby approved, adopted, ordained and enacted as the "Code of the Township of Whitpain," hereinafter known and referred to as the "Code," pursuant to § 702, cl. XLI.1, of the Second Class Township Code, 53 P.S. § 65741.1.[1]
[1]
Editor's Note: See now 53 P.S. § 66601.
All provisions of the Code shall be in full
force and effect on and after May 19, 1986.
All ordinances or parts of ordinances of a general
and permanent nature, adopted by the Township of Whitpain and in force
on the date of the adoption of this ordinance and not contained in
the Code, are hereby repealed as of the effective date of this ordinance,
except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to December 2, 1985,
of a general and permanent nature not included in the Code or superseded
or repealed by provisions therein or inconsistent therewith.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the township prior to the effective
date of this ordinance, or any action or proceeding brought for the
enforcement of such right or liability.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the township, or any penalty, punishment or forfeiture which may result
therefrom.
D.
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this ordinance, brought pursuant to any legislative provision
of the township.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the township.
F.
Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade,
changing of name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place.
G.
Any ordinance or resolution appropriating money or
transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the township,
or other instruments or evidence of the township's indebtedness.
H.
Any ordinance authorizing the purchase, sale, lease
or transfer of property, or any lawful contract or obligation.
I.
Any ordinance annexing land to the township.
J.
Any ordinance designating the boundaries of water
districts.
K.
The levy or imposition of special assessments or charges.
L.
The dedication of property.
M.
Any ordinance amending the Zoning Map, which shows
the boundaries of zones created by the Zoning Ordinance.
N.
Ordinance No. 9 adopted September 17, 1954, to regulate
the subdivision of land in the township, and all currently effective
amendments thereto.
O.
Any ordinance or resolution establishing the salaries
or rates of compensation of any officers or employees of the township.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
A.
In compiling and preparing the ordinances of the Township
of Whitpain for adoption and revision as part of the Code, certain
grammatical changes and other minor changes were made in one or more
of said ordinances. It is the intention of the Supervisors that all
such changes be adopted as part of the Code as if the ordinances so
changed had been previously formally amended to read as such.
B.
[Amended 7-21-1986 by Ord. No. 167] Certain
changes of a substantive nature were made to various ordinances found
within the Code, and certain articles or chapters have been included
as complete revisions of existing ordinances or as additions of new
provisions. These changes, additions or revisions were made to bring
the provisions into conformity with the desired policies of the Township
Supervisors, and it is the intent of the Supervisors that all such
changes, additions or revisions be adopted as part of the Code as
if the ordinances so changed had been previously formally amended
or added to read as such. Such changes, additions or revisions are
cited within the historical statements by the term "amended at time
of adoption of Code" or "adopted at time of adoption of Code" and
are as follows:[1]
[1]
Editor's Note: Pursuant to § 1-6B, the following sections were added or amended: §§ 12-3D 50-13, 63-5, 66-1, 66-2, 66-3A, 66-4A. 66-5, 66-7, 66-8B and F, 66-9A, 66-IOD, 66-11C, 71-2E, 71-21, 74-5,78-5B and C, 83-3A, 89-1, 89-3, 89-4, 89-5, 93-2, 93-7, 96-7, 96-19C, 101-4, 101-5, 110-1, 110-2, 110-3, 110-4, 110-5, 110-6B, 110-7, 110-10, 113-4, 116-1, 122-31, 126-5, 126-9, 126-15, 136-13. 145-4. 149-6, 149-7, 152-11, 155-5, Chs. 16, 38 and 142. A complete description of each change is included in Ord. No. 165 and is on file in the office of the Township Clerk.
A copy of the Code in a post-bound volume has
been filed in the office of the Township Secretary and shall remain
there for use and examination by the public until final action is
taken on this ordinance; and if this ordinance shall be adopted, such
copy shall be certified to by the Township Secretary, as provided
by law, and such certified copy shall remain on file in the office
of the Township Secretary, available to persons desiring to examine
the same during all times while the said Code is in effect.
Any and all additions, deletions, amendments
or supplements to the Code, when passed and adopted in such form as
to indicate the intention of the Supervisors to be a part thereof,
shall be deemed to be incorporated into such Code so that reference
to the Code shall be understood and intended to include such changes.
Whenever such additions, deletions, amendments or supplements to the
Code shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the post-bound book containing the said Code,
as amendments and supplements thereto.
It shall be the duty of the Township Secretary,
or someone authorized and directed by the Secretary, to keep up-to-date
the certified copy of the book containing the Code required to be
filed in the office of the Secretary for the use of the public. All
changes in said Code and all ordinances adopted by the Township Supervisors
subsequent to the effective date of this codification which the Supervisors
shall adopt specifically as part of the Code shall, when finally adopted,
be included therein by reference until such changes or new ordinances
are printed as supplements to said Code books, at which time such
supplements shall be inserted therein.
Copies of the book containing the Code may be
purchased from the Township Secretary upon the payment of a fee to
be set by resolution of the Supervisors which may also arrange, by
resolution, for procedures for the periodic supplementation thereof.
The Township Secretary, pursuant to law, shall
cause to be published in the manner required a notice of the adoption
of this ordinance adopting the Code in a newspaper of general circulation
in the township. The enactment and application of this ordinance adopting
the Code, coupled with availability of copies of the Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Code for all purposes.
Each section of the Code and every part of each
section is an independent section or part of a section, and the holding
of any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other section or parts thereof.
[Amended 1-2-89 by Ord. No. 184]
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code, or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the township to be misrepresented thereby.
Anyone violating this section of this ordinance shall be subject,
upon conviction, to a fine of not more than $600 and costs of prosecution,
and upon default in payment of the fine and costs, to imprisonment
in the county jail for not more than 30 days.
