[Adopted 2-25-2004 by Ord. No. 1558]
Pursuant to Section 1008(b) of the Borough Code, 53 P.S. § 46008(b), the codification of a complete body of legislation for the Borough of Crafton, County of Allegheny, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters
1 through
225, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Crafton, which shall be known and is hereby designated as the “Crafton Borough Code of Ordinances,” 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 Borough Council of the Borough of Crafton, and it is the intention of said Borough Council 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 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the Borough of Crafton and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in §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from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: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 September 10,
2003.
B. Any right or liability established, accrued or incurred
under any legislative provision of the Borough 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 Borough 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 Borough.
E. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Borough or any lawful contract,
obligation or agreement. Specifically, Ordinance No. 1431 and any
amendments thereto, granting a cable television franchise, are saved
from repeal.
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 Borough or other instruments
or evidence of the Borough'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 Borough.
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 establishing or amending an intergovernmental
cooperation agreement between the Borough of Crafton and any other
political subdivision or entity.
P. Any ordinance providing for the salaries and compensation
of officers and employees of the Borough or setting the bond of any
officer or employee; any ordinance establishing positions of employment
within the Borough; and any ordinance establishing personnel policies
for Borough employees.
Q. Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained
from the Borough, unless said fees are to be set by resolution of
Borough Council.
R. The Joint Subdivision Ordinance of the Boroughs of
Crafton, Rosslyn Farms and Thornburg, Crafton Borough Ordinance No.
1420, and any amendments thereto.
S. The Joint Zoning Ordinance of the Boroughs of Crafton,
Rosslyn Farms and Thornburg, Crafton Borough Ordinance No. 1418, and
any amendments thereto.
T. Crafton Borough Ord. No. 1551, adopted October 23,
2003, repealing and withdrawing from the Joint Zoning Ordinance, Ord.
No. 1418, as amended, and the Joint Subdivision Ordinance, Ord. No.
1420, as amended; withdrawing from the Joint Planning Commission and
Joint Zoning Hearing Board for the Boroughs of Crafton, Rosslyn Farms
and Thornburg; providing an effective date of one year hence; providing
for notice to the Boroughs of Rosslyn Farms and Thornburg; authorizing
the proper Borough officers to prepare a new subdivision and land
development ordinance; and authorizing the proper Borough officials
to pursue with the Boroughs of Rosslyn Farms and Thornburg entry into
an intergovernmental planning agreement, multimunicipal comprehensive
plan and intergovernmental implementation agreement, and thereafter
prepare for adoption a new zoning ordinance generally consistent with
said plan and, failing the same, to prepare for adoption a zoning
ordinance consistent with applicable law.
All ordinances 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 shall be temporarily placed in the Code until printed supplements are included.
A copy of the Code in a post-bound volume shall
be filed with the Ordinance Book in the office of the Borough Secretary
and shall remain there for use and examination by the public. Upon
adoption, such copy shall be certified to by the Borough Secretary,
as provided by law, and such certified copy shall remain on file in
the office of the Borough 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 Borough Council 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 Borough Secretary
or someone authorized and directed by him or her to keep up-to-date
the certified copy of the book containing the Code required to be
filed in the office of the Borough Secretary for the use of the public.
All changes in said Code and all ordinances and resolutions adopted
by the Borough Council subsequent to the effective date of this codification
which the Borough Council shall adopt specifically as part of the
Code shall, when finally adopted, be included therein by reference
until such changes or new ordinances or resolutions are printed as
supplements to said Code book, at which time such supplements shall
be inserted therein.
The Borough Secretary, 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 Borough. 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 a copy 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 Borough 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, to imprisonment to the extent
permitted by law for the punishment of summary offenses.
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 illegal, invalid or unconstitutional. It is
hereby declared to be the intent of the Borough Council 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 become effective immediately upon publication of the notice
of final enactment as required by Section 1008(b) of the Borough Code,
53 P.S. § 46008(b).