[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence as indicated in article histories.
Amendments noted where applicable.]
[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:
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."
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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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.
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of Nether Providence and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in §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.
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 December 30, 1990.
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 relating to vehicles and traffic.
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. 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.
B. 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.
C. 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."
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.
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 ordinances.
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 ordinances.
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.
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.
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.
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.
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.
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.
All provisions of this ordinance and of the
Code shall be in force and effect on and after December 10, 1992.
[Adopted 12-10-1992 by Ord. No. 581]
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.
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.
Violation of zoning regulations shall be enforced
in accordance with the provisions of the Pennsylvania Municipalities
Planning Code, especially § 616.1 thereof, 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.
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.