Township of Nether Providence, PA General Provisions

[HISTORY: Adopted by the Board of Commissioners of the Township of Nether Providence as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 12-10-1992 as Ord. No. 581]

Be it enacted and ordained by the Board of Commissioners of the Township of Nether Providence, County of Delaware, Commonwealth of Pennsylvania, and it is enacted and ordained as follows:

§ 1-1 Approval, adoption and enactment of Code.

Pursuant to Section 1502, Clause I, II (53 P.S. § 56502) of the First Class Township Code, the codification of a complete body of ordinances for the Township of Nether Providence, 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 300 together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Nether Providence, which shall be known and is hereby designated as the "Code of the Township of Nether Providence," hereinafter referred to as the "Code."

§ 1-2 Effect of Code on previous provisions.

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 Commissioners of the Township of Nether Providence, and it is the intention of said Board of Commissioners 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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.

§ 1-3 Repeal of legislation not contained in Code.

All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Nether Providence 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.

§ 1-4 Ordinances saved from repeal; matters not affected by repeal.

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:

Any ordinance adopted subsequent to December 30, 1990.

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.

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 or any lawful contract, obligation or agreement.

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.

Any ordinance adopting an annual budget or establishing an annual tax rate.

Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.

Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.

Any ordinance annexing land to the Township.

Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.

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.

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.

Any ordinance providing for the making of public improvements.

Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee.

Any ordinance relating to vehicles and traffic.

§ 1-5 Inclusion of new legislation prior to adoption of Code.

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.

§ 1-6 Changes and revisions in previously adopted ordinances.

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. It is the intention of the Board of Commissioners 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.

Substantive changes and revisions. In addition to the changes and revisions described above, the following changes and revisions of a substantive nature are hereby made to various ordinances included in the Code. These changes are made to bring provisions into conformity with the desired policies of the Board of Commissioners, and it is the intent of the Board of Commissioners that all such changes be adopted as part of the Code as if the ordinances 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.[1]

[1]

Editor's Note: Pursuant to § 1-6B, the following sections, articles and chapters were added or amended: Art. II of Ch. 1, Ch. 15, §§ 21-3, 21-4, 21-6, 53-4, 53-7, 53-9 and 59-3, Ch. 81, §§ 85-4 and 85-8, Ch. 93, §§ 97-2 and 97-7, Ch. 105, Ch. 111 and Ch. 115, § 121-4, Ch. 133 and Ch. 141, §§ 149-6 and 149-7, Art. II of Ch. 149, Ch. 155, §§ 169-4A, 169-4B(3), 169-4B(7), 169-5A, 169-5B(3), 169-7, 169-8 and 169-9A, Ch. 175, Ch. 181 and Ch. 185, §§ 189-1, 189-2, 189-3, 189-4A, 189-4B, 189-5B, 189-6, 195-2, 195-3A, 195-5A, 195-7G, 195-7M, 195-8J, 195-8N, 195-8P, 195-9L, 195-10B, 195-10D, 195-10G, 195-11A, 195-11F, 195-11I, 195-13A, 195-14A, 195-14F, 195-14J, 195-14L, 195-15A, 195-17A, 195-17C, 195-18B, 195-19A, 195-20B(5), 195-20F(1), 195-21D, 195-22A, 195-24A, 195-25, 195-28B, 195-30 and 195-37, Ch. 199, §§ 207-1, 207-4A(1), 207-4A(2), 207-5, 207-7, 215-1A, 215-2, 215-3, 215-5, 215-7, 215-9, 215-10, 215-11, 215-13, 215-14 and 215-15, Ch. 218, §§ 221-1, 221-4, 221-8, 221-9, 221-10, 225-3 and 225-17, Art. I of Ch. 233, §§ 233-6, 233-10 and 233-27, Ch. 239, § 249-5, Arts. I and II of Ch. 253, §§ 265-3A, 265-5, 269-6B(3), 269-7F(2), 269-9C and 269-11A, Ch. 281 and Ch. 289, Arts. II, XVI, XIX and XXI of Ch. 300, §§ 300-1A, 300-4, 300-8H, 300-9, 300-11B, 300-12, 300-13, 300-14, 300-17, 300-19B, 300-20, 300-21, 300-23, 300-24, 300-26B, 300-27, 300-28, 300-30, 300-31, 300-36, 300-39B, 300-42, 300-44B, 300-45, 300-49, 300-51B, 300-52, 300-53, 300-55A(3), 300-56A(9)(c)[2], 300-56A(10)(b), 300-56B(1), 300-57, 300-58B(2), 300-59, 300-61A(1), 300-63B, 300-68, 300-69, 300-74K, 300-75B(2), 300-78, 300-82, 300-83C, 300-84, 300-87A(18), 300-87A(20), 300-91B(1), 300-91G, 300-93E, 300-94C(1), 300-94D(3), 300-94D(5), 300-99C(1), 300-99G, 300-116, 300-119, 300-120B, 300-122, 300-123, 300-128, 300-129, 300-130, 300-133, 300-134 and 300-136B and Ch. A310. The following original sections were deleted: Section 4B(6), 4B(9)(b) and 4C of Ord. No. 515; Section 2 of Ord. No. 206; Section 3 of Ord. No. 387; and Sections 307, 407, 507, 507a, 509a, 608, 705B, 705C, 705D, 706, 803, 804, 805, 806, 807, 808, 902, 903, 904, 905, 906, 907, 1400 and 1403 and Article IV-A of Ord. No. 225. A complete description of each change may be found in Ord. No. 581, on file in the Township offices.

In addition, the following nomenclature changes shall be made throughout:

(1)

The term "Board of Health" is changed to "Health Officer."

(2)

The term "District Magistrate" is changed to "District Justice."

(3)

The term "Supervisors" is changed to "Commissioners."

§ 1-7 Interpretation of provisions.

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 or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance or regulation shall control.

§ 1-8 Titles and headings; editor's notes.

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 ordinances.

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 ordinances.

§ 1-9 Filing of copies of Code.

Three copies of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Township Manager and shall remain there for use and examination by the public. Upon adoption, such copies shall be certified to by the Township Manager, as provided by law, and such certified copies shall remain on file in the office of the Township Manager, available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-10 Amendments to Code.

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 Commissioners 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.

§ 1-11 Code books to be kept up-to-date.

It shall be the duty of the Township Manager 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 Manager for the use of the public. All changes in said Code and all ordinances adopted by the Board of Commissioners subsequent to the effective date of this codification which the Board of Commissioners 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.

§ 1-12 Publication of notices.

The Township Manager, pursuant to law, shall cause to be published in the manner required a notice of the introduction and of the adoption of the Code in a newspaper of general circulation in the Township. The enactment and application of this ordinance, coupled with the publication of the notices of introduction and adoption, 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.

§ 1-13 Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with the Code, or any part or portion thereof, in any manner whatsoever, which will cause the law of the Township to be misrepresented thereby. Anyone violating this section of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding $600, plus costs of prosecution, and, in default of payment thereof, by imprisonment for a term not exceeding 30 days.

§ 1-14 Severability.

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 Commissioners 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.

§ 1-15 Effective date.

All provisions of this ordinance and of the Code shall be in force and effect on and after December 10, 1992.

Article II Violations and Penalties

[Adopted 12-10-1992 by Ord. No. 581]

§ 1-16 Building, health and safety violations.

Except as specifically provided elsewhere in this Code, a violation of any provision of any chapter of the Code relating to building, housing, property maintenance, health, fire or public safety or water, air or noise pollution shall be punishable by a fine not exceeding $1,000, plus costs of prosecution, for each offense and, in default of payment of such fine and costs, by imprisonment for a term not exceeding 30 days.

§ 1-17 Other violations.

Except as specifically provided elsewhere in this Code, a violation of any provision of any chapter of this Code which is not a violation of any provision enumerated in § 1-16, 1-18 or 1-19 shall be punishable by a fine not exceeding $600, plus costs of prosecution, for each offense and, in default of payment of such fine and costs, by imprisonment for a term not exceeding 30 days.

§ 1-18 Zoning violations.

Violation of zoning regulations shall be enforced in accordance with the provisions of the Pennsylvania Municipalities Planning Code, especially § 616.1 thereof,[1] and each person violating any zoning regulation shall pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees incurred by the Township in accordance with the provisions of the Pennsylvania Municipalities Planning Code, especially § 617.2 thereof.[2]

[1]

Editor's Note: See 53 P.S. § 10616.1.

[2]

Editor's Note: See 53 P.S. § 10617.2.

§ 1-19 Subdivision and land development violations.

Any person, partnership or corporation who or which has violated any provisions of the subdivision or land development regulations shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof.