[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen: Art. I, 10-12-1982 by Ord. No. 6-1982. Amendments noted where applicable.]
[Adopted 10-12-1982 by Ord. No. 6-1982]
The codification of a complete body of ordinances for the Township of West Goshen, County of Chester, Commonwealth of Pennsylvania, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., consisting of Chapters 1 through 85, together with an Appendix and Index, is hereby approved, adopted, ordained and enacted as the "Code of the Township of West Goshen," hereinafter known and referred to as the "Code," pursuant to Section 702, Clause XLI.1, of the Second Class Township Code, 53 P.S. § 65741.1.
Editor's Note: See now 53 P.S. § 66601(d).
All provisions of the Code shall be in full force and effect five days after enactment and adoption of this ordinance.
All ordinances or part of ordinances of a general and permanent nature adopted by the Township of West Goshen and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this ordinance, except as hereinafter provided.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:
Any ordinance adopted subsequent to May 11, 1982, of a general and permanent nature not included in the Code or superseded or repealed by provisions therein or inconsistent therewith.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the township.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance, dedication or vacation of any right-of-way, easement, street, road, highway, park or other public place.
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.
Any ordinance authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
Any ordinance annexing land to the township.
Any ordinance designating the boundaries of water or sewer districts or establishing sewer design specifications and use regulations.
The levy or imposition of special assessments or charges.
The dedication of property.
Any ordinance amending the Zoning Map, which shows the boundaries of zones created by the Zoning Ordinance.
Any ordinance regulating vehicles and traffic.
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.
In compiling and preparing the ordinances of the Township of West Goshen 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.
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 Secretary, available to persons desiring to examine the same during all times while 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 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 book, 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. Sufficient copies of the Code shall be maintained in the office of the Secretary for inspection by the public at all times during regular office hours. 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.
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 $300 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.
[Adopted 3-12-1997 by Ord. No. 2-1997]
All West Goshen Township ordinances adopted under and pursuant to the provisions of the Second Class Township Code, Act of May 1, 1933 (P.L. 103, No. 69), as reenacted and amended November 9, 1995, by Act 1995-60, as further amended by Act 1996-72, as the same may from time to time be further amended, may be enforced by West Goshen Township through an action in equity brought in the Court of Common Pleas of Chester County, Pennsylvania.