[HISTORY: Adopted by the Board of Supervisors of the Township of
Concord as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-5-1998 by Ord. No. 221]
Pursuant to Section 1601(d) [53P.S.§ 66601(d)] of the Second Class Township Code, the codification of a complete body of legislation for the Township of Concord, County of Delaware, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 214, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Concord, which shall be known and is hereby designated as the "Code of the Township of Concord," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of Concord, and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Concord and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.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; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any ordinance adopted subsequent to August 5, 1997.
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 or any cause of action acquired or existing.
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 or any lawful contract, obligation
or agreement.
F.
Any ordinance 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.
G.
Any ordinance adopting an annual budget or establishing
an annual tax rate.
H.
Any ordinance providing for the levy, imposition or collection
of special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease or
transfer of property or acquiring property by acceptance of deed, condemnation
or exercise of eminent domain.
J.
Any ordinance annexing land to the township.
K.
Any ordinance providing for or requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L.
Any ordinance or part of an ordinance providing for laying
out, opening, altering, widening, relocating, straightening, establishing
grade, changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place or property
or designating various streets as public highways.
M.
Any ordinance establishing water, sewer or other special
purpose districts and designating the boundaries thereof; providing for a
system of sewers or water supply lines; or providing for the construction,
extension, dedication, acceptance or abandonment of any part of a system of
sewers or water supply lines.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation
of officers and employees of the township or setting the bond of any officer
or employee.
P.
Any ordinance concerning changes and amendments to the
Zoning Map.
Q.
Any ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
R.
Any ordinance or resolution regulating traffic and parking.
All ordinances and resolutions of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to 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 ordinances and resolutions shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances and resolutions of the township for adoption and
revision as part of the Code, certain nonsubstantive grammatical and style
changes were made in one or more of said ordinances and resolutions. Additional
similar changes are hereby made to various ordinances included in the Code
as set forth in Schedule B[1] attached hereto and made a part hereof. It is the intention of
the Board of Supervisors that all such changes be adopted as part of the Code
as if the ordinances and resolutions so changed had been previously formally
amended to read as such.
[1]
Editor's Note: Schedule B is on file in the township offices.
B.
Substantive changes and revisions. In addition to the
changes and revisions described above, changes and revisions of a substantive
nature are hereby made to various ordinances and resolutions included in the
Code as set forth in Schedule A[2] attached hereto and made a part hereof. These changes are made to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the legislation so changed have been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15.
[2]
Editor's Note: In accordance with § 1-6B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-5-1998 by Ord. No. 221." Schedule A, which contains a complete description of all changes, is on file in the township offices.
C.
Nomenclature changes. The following changes have been
made throughout the Code:
(1)
"Justice of the Peace" and "District Magistrate" are
hereby amended to read "District Justice."
(2)
"Building Official" and "Code Enforcement Officer" are
hereby amended to read "Building Inspector."
(3)
"Department of Environmental Resources (DER)" is hereby
amended to read "Department of Environmental Protection (DEP)" or "Department
of Conservation and Natural Resources," whichever is appropriate.
(4)
"Department of Community Affairs" is hereby amended to
read "Department of Community and Economic Development."
D.
Statutory references. In regard to the adoption and reorganization
of the Second Class Township Code, 53 P.S. § 65101 et seq., all
statutory references to said code are hereby updated accordingly.
In interpreting and applying the provisions of the Code, they shall
be held to be the minimum requirements for the promotion of the public health,
safety, comfort, convenience and general welfare. Where the provisions of
the Code impose greater restrictions or requirements than those of any statute,
other ordinance, resolution or regulation, the provisions of the Code shall
control. Where the provisions of any statute, other ordinance, resolution
or regulation impose greater restrictions or requirements, the provisions
of such statute, other ordinance, resolution or regulation shall control.
A.
Chapter and article titles, headings and titles of sections
and other divisions in the Code or in supplements made to the Code are inserted
in the Code and may be inserted in supplements to the Code for the convenience
of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving
other information or referring to the statutes or to other parts of the Code
are inserted in the Code and may be inserted in supplements to the Code for
the convenience of persons using the Code and are not part of the legislation.
Three copies of the Code in a post-bound volume shall be filed with
the Ordinance Book in the office of the Township Secretary and shall remain
there for use and examination by the public. Upon adoption, such copies shall
be certified to by the Township Secretary, as provided by law, and such certified
copies shall remain on file in the office of the Township 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 Board
of Supervisors to be a part thereof, shall be deemed to be incorporated into
such Code as 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 him or her to keep up-to-date the certified copies of the
book containing the Code required to be filed in the office of the Township
Secretary for the use of the public. All changes in said Code and all legislation
adopted by the Board of Supervisors subsequent to the effective date of this
codification which the Board of Supervisors shall adopt specifically as part
of the Code shall, when finally adopted, be included therein by reference
until such changes or new legislation are printed as supplements to said Code
books, at which time such supplements shall be inserted therein.
The Township Secretary, pursuant to law, shall cause to be published in the manner required a notice of the proposed adoption of the Code and public notice of a public hearing on Chapters 60 (zoning officer), 160 and 161 (subdivision and land development), and 210, 211, 212 and 214 (zoning and zoning use approval) in a newspaper of general circulation in the township. The enactment and application of this ordinance, coupled with the publication of the notice of the proposed adoption and public notice of public hearing, as required by law, and the 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.
Any person who violates or permits a violation of this chapter, upon
being found liable therefor in a civil enforcement proceeding, shall pay a
fine of not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the township in the enforcement of this chapter. No judgment
shall be imposed until the date of the determination of the violation by the
District Justice and/or Court. If the defendant neither pays nor timely appeals
the judgment, the township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the township are hereby
authorized to seek equitable relief, including injunction, to enforce compliance
herewith.
The provisions of this ordinance and of the Code adopted hereby are
severable, and if any clause, sentence, subsection, section, article, chapter
or part thereof shall be adjudged by any court of competent jurisdiction to
be illegal, invalid or unconstitutional, such judgment or decision shall not
affect, impair or invalidate the remainder thereof but shall be confined in
its operation and application to the clause, sentence, subsection, section,
article, chapter or part thereof rendered. It is hereby declared to be the
intent of the Board of Supervisors that this ordinance and the Code would
have been adopted if such illegal, invalid or unconstitutional clause, sentence,
subsection, section, article, chapter or part thereof had not been included
therein.
All provisions of this ordinance and of the Code shall be in force and
effect on and after January 10, 1998.
[Adopted 12-3-1996 by Ord. No. 206]
The Building Inspector shall impose a civil penalty fine as prescribed
by this article upon a determination that an ordinance and/or Code violation
has occurred or is occurring.
A.
The Building Inspector shall initiate enforcement proceedings
by sending a notice of violation to the violator or violators by certified
mail or by serving it personally upon the violator or violators. The notice
shall state at least the following:
(1)
A citation to the ordinance involved;
(2)
The specific violations;
(3)
The date and time, if appropriate;
(4)
The amount of the civil penalty;
(5)
The nature of the proceeding as being civil;
(6)
The time within which the civil penalty is to be paid;
(7)
The place of payment; and
(8)
The consequences of failure to pay the civil penalty
on or before the due date.
B.
In the event that the violator pays the prescribed civil
penalty fine within 15 days of the date on the notice of violation, the civil
penalty fine shall be reduced by a sum equal to 50% of the fine.
C.
In the event that the violator fails to pay to Concord
Township the civil penalty fine on or before the due date, Concord Township
shall commence a civil enforcement proceeding in a court having jurisdiction.
D.
Upon determining that a violation has or is occurring,
the Building Inspector may, at the officer's sole discretion, issue a
notice of violation, as prescribed herein, containing a grace period of not
more than 30 days, permitting the violator to correct the violation and comply
with the ordinance violated by the specified date. Compliance and the payment
of 25% of the imposed civil penalty fine by the specified date shall constitute
payment in full of the civil penalty fine. In determining whether to permit
a grace period for ordinance violation correction, the Building Inspector
shall consider the willfulness of the violation, likely damage to person and/or
property, cost of correction and abatement, savings resulting to the person
in consequence of such violation, disturbance to the peace and welfare of
the community and other relevant factors.
