Township of West Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Whiteland as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-1983 by Ord. No. 97]
[1]
Editor's Note: References throughout this article to chapter, part and section numbers of the 1983 Code of Ordinances are outdated with the publication of the 2005 Code. Refer to the Derivation Table at the end of this Code to convert old numbering to the current Code location.
The "Code of Ordinances, Township of West Whiteland," as prepared and published for the said Township of West Whiteland by Penns Valley Publishers, Harrisburg, Pennsylvania, is hereby adopted as a consolidation, codification and revision of the ordinances of the Township of West Whiteland. Chapters 1 through 27 thereof contain the text of the body of all general administrative and penal ordinances of the Township of West Whiteland organized as follows:
Chapter 1 Administration and Government
Chapter 2 Animals
Chapter 3 Bicycles
Chapter 5 Code Enforcement
Chapter 6 Conduct
Chapter 7 Fire Prevention and Fire Protection
Chapter 8 Floodplain Regulations
Chapter 10 Health and Safety
Chapter 11 Historical
Chapter 12 Libraries
Chapter 13 Licenses, Permits and Business Regulations
Chapter 15 Motor Vehicles and Traffic
Chapter 18 Sewers and Sewage Disposal
Chapter 19 Signs and Billboards
Chapter 20 Solid Waste
Chapter 21 Streets and Sidewalks
Chapter 22 Subdivision and Land Development
Chapter 23 Swimming Pools
Chapter 24 Taxation, Special
Chapter 25 Trees
Chapter 26 Water
Chapter 27 Zoning
Key to the Disposition of All Ordinances
Index
The codification referred to in § 1-1 of this article shall be known and cited officially as the "Township of West Whiteland Code of Ordinances," and all future ordinances shall make reference thereto. This article shall become effective immediately upon publication of notice of final enactment as required by law.
The provisions of the Township of West Whiteland Code of Ordinances, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of said Code, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of the Township of West Whiteland Code of Ordinances shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations.
As a necessary part of the codification, the following ordinances are hereby specifically repealed:
Ordinance No.
Subject
5
Parking
7
Fire prevention Code
13
Health Ordinance
47
Parking
69
Motor Vehicle Regulations (all sections except 9)
78
Traffic
The following chapters, parts or sections are hereby enacted as revisions of current Township ordinances:
Chapter Part or Section
Subject
Ordinance No.
21, Part 2
Driveway Construction
3
The following changes and amendments have been made to existing Township ordinances:
A. 
Minor changes have been made to correct obsolete terms and usages;
B. 
Where necessary, the penalty sections have been revised to comply with the Crimes Code or the Motor Vehicle Code; and
C. 
The following chapters, parts or sections have been amended to correct technical or legal provisions which are out-of-date or were overlooked in the enactment of the original ordinances:
Chapter, Part or Section
Subject
Ordinance Amended
5, § 202
Adoption of Electrical Code
34
5, § 203
Approved Electrical Agencies
34
18, § 103
Flat Rates for Sewer Classifications
1973-26
18, 113
Service Regulations
1973-26
18, § 201
Definitions: Service Line
1973-25
26, § 205
Sewer Connection Costs
53
The following chapters, parts or sections are enacted to consolidate and/or replace prior ordinances which have been repealed in § 1-4 hereof.
Chapter, Part or Section
Subject
5, Part 4
Fire Prevention BOCA Code
15, complete
Motor Vehicle Traffic, Parking
The following chapters, parts or sections are hereby enacted as a complete group or body or ordinances listed by title:
Chapter, Part or Section
Subject
5, Part 6
Loitering
15, § 202
Speed Limits
15, § 203
Traffic Signals
15, § 204
Right Turns on Red Signals
The procedure for amending the Code of Ordinances shall include the citation on the Chapter, Part, Section and subsection to be amended, revised, repealed or added as follows:
A. 
Amendment or Revision - "Chapter, Part, Section, Subsection is hereby amended [revised] to read as follows . . ."
B. 
Additions - "Chapter, Part, Section, Subsection, is hereby amended by the addition of the following . . ."
C. 
Repeal - "Chapter, Part, Section, Subsection is hereby repealed in its entirety.
It shall be the responsibility of the Township Secretary to maintain an up-to-day certified copy of the code of ordinances. This copy shall be the official copy of the Township's Code of Ordinances and shall be available for public inspection.
It shall be unlawful for anyone to change, alter, or tamper with the Code of Ordinances in any manner which will intentionally misrepresent the laws of the Township. Whosoever shall violate this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days.
It is hereby declared to be the intention of the Board of Supervisors that the chapters, parts, sections, paragraphs, sentences, clauses and phrases of this codification are severable. If any section, paragraph, sentence, clause or phrase of this code is declared unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not affect any of the remaining chapters, parts, sections, paragraphs, sentences, clauses or phrases of this codification.
[Adopted 4-12-2005 by Ord. No. 327]
The ordinances and legislation of the Township of West Whiteland of a general and permanent nature, including the 1983 Code of Ordinances adopted by the Board of Supervisors of the Township of West Whiteland on November 7, 1983, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp. as set forth in the Derivation Table below, and as renumbered to consist of Chapters 1 through 325, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of West Whiteland," hereafter known and referred to as the "Code."
Chapter/Part/Section & Title From 1983 Code
Location in 2005 Code
Adopting Ordinance
Ch. 1, Art. I
CHAPTER 1, ADMINISTRATION
Part l, Office of Manager
Ch. 30
Part 2, Planning Commission
Ch. 53
Part 3, Police Pension Fund
Ch. 48, Art. II
Part 4, Non-uniformed Employee Pension Plan
Ch. 48, Art. I
Part 5, Township Officials
§ 501. Compensation of Township Supervisors
Ch. 69, Art. I
§ 502. Tax Collector
Ch. 74, Art. I
Part 6, Municipal Service Commission
Ch. 35
Part 7, Attorney's Fees
Ch. 74, Art. II
Part 8, Elected Tax Collector as Delinquent Tax Collector
Ch. 74, Art. III
CHAPTER 2, ANIMALS
Part 1, Animal Nuisances
Ch. 102
CHAPTER 3, BICYCLES
-- (reserved in 1983 Code)
CHAPTER 4, BUILDINGS
Part 1, Property Identification
Ch. 115
CHAPTER 5, CODE ENFORCEMENT
Superseded by UCC Ord. Nos. 313 and 315 through 322; see now Ch. 129
Part 1, BOCA National Building Code
Part 2, National Electrical Code
Part 3, International Plumbing Code
Part 4, BOCA National Fire Prevention Code
Part 5, International Mechanical Code
CHAPTER 6, CONDUCT
Part 1, Protection of Public Property
Ch. 247
Part 2, Public Consumption of Alcoholic Beverages
Ch. 96
Part 3, Throwing Objects in Public
Ch. 276, Art. II
Part 4, Littering
Ch. 193
Part 5, Prohibited Activities
Ch. 230
Part 6, Loitering
Ch. 198
Part 7, Use of Firearms
Ch. 151
Part 8, Use of Skates, Skateboards, Coasters, Sleds, Minibikes, Mopeds, Go-Karts, Snowmobiles, Motorcycles and Other Vehicles on Private Property
Superseded by Ord. Nos. 97 and 144; see now Ch. 300, Art. II
CHAPTER 7, FIRE PREVENTION AND FIRE PROTECTION
Part 1, Wood and Coal Stoves
Obsolete with UCC; see Ch. 129
Part 2, Fire Loss Certificate and Fire Insurance Escrow
Ch. 176, Art. I
CHAPTER 8, FLOODPLAINS
-- (reserved in 1983 Code)
CHAPTER 9, GRADING AND EXCAVATING
-- (reserved in 1983 Code)
CHAPTER 10, HEALTH AND SAFETY
Part 1, Automatic Protection Devices
Ch. 91
Part 2, Weed Control
Ch. 316
CHAPTER 11, HISTORICAL
-- (reserved in 1983 Code)
CHAPTER 12, LIBRARIES
-- (reserved in 1983 Code)
CHAPTER 13, LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS
Part 1, Transient Retail Merchants
Ch. 235, Art. I
Part 2, Broadband Communications
Ch. 123
Part 3, Junkyard Operations
Ch. 185
CHAPTER 14, MOBILE HOMES AND MOBILE HOME PARKS
Part 1, Movement of Mobile Homes
Ch. 206, Art. I
CHAPTER 15, MOTOR VEHICLES AND TRAFFIC
Parts 1 through 6
Ch. 300
Part 7, Miscellaneous: § 701. Basketball Backboards and Posts
Ch. 276, Art. III
CHAPTER 16, PARKS AND RECREATION
Part 1, Park Regulations
Ch. 224, Art. I
Part 2, Concessions in Parks
Ch. 224, Art. II
CHAPTER 17, PLANNED RESIDENTIAL DEVELOPMENT
-- (reserved in 1983 Code)
CHAPTER 18, SEWERS AND SEWAGE DISPOSAL
Ch. 253
CHAPTER 19, SIGNS AND BILLBOARDS
-- (reserved in 1983 Code)
CHAPTER 20, SOLID WASTE
Part 1, Waste Collection and Recycling
Ch. 264
CHAPTER 21, STREETS AND SIDEWALKS
Part 1, Street Excavations
Ch. 276, Art. I
Part 2, Driveway Construction
Ch. 140
Part 3, Sidewalk Maintenance
Ch. 276, Art. IV
CHAPTER 22, SUBDIVISION AND LAND DEVELOPMENT
Ch. 281
CHAPTER 23, SWIMMING POOLS
Part 1, Swimming Pool Construction
Obsolete with UCC; see Ch. 129
CHAPTER 24, TAXATION
Ch. 292,
Part 1, Earned Income and Net Profits
Art. I
Part 2, Real Estate Transfer
Art. III
Part 3, Discounts and Penalties
Art. II
Part 4, Occupational Privilege Tax
Art. IV
CHAPTER 25, TREES
-- (reserved in 1983 Code)
CHAPTER 26, WATER
Parts 1 through 3
Obsolete; Township no longer has Water Company
CHAPTER 27, ZONING
Ch. 325
The provisions of the 2005 Code, insofar as they are substantively the same as those of ordinances and legislation of the Township of West Whiteland of a general and permanent nature, including the 1983 Code of Ordinances, in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and prior Code and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or Code provision. 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 West Whiteland, and it is the intention of said Board of Supervisors that each such provision contained within the 2005 Code is hereby reenacted and reaffirmed as it appears in said Code.
In compiling and preparing the ordinances and 1983 Code of Ordinances for publication as the 2005 Code of the Township of West Whiteland, no changes in the meaning or intent of such ordinances have been made. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
Throughout the Code, statutory references to the prior numbering of the Second Class Township Code, and/or other outdated statutory references, were revised to reflect the current citation.
A. 
Throughout the Code, the term "Department of Environmental Resources" (or "DER") has been revised to read "Department of Environmental Protection" (or "DEP").
B. 
Throughout the Code, references to "District Magistrate" or "Justice of the Peace" have been revised to read "District Justice."
C. 
In Chapter 325, Zoning, the term "Department of Community Affairs" has been revised to read "Department of Community and Economic Development."
The provisions of this ordinance are hereby made Article II of Chapter 1, General Provisions, of the Code of the Township of West Whiteland, such ordinance to be entitled "Article II, Adoption of Renumbered 2005 Code," and the sections of this ordinance shall be numbered §§ 1-13 to 1-19, inclusive.
This ordinance shall take effect five days after passage.