[HISTORY: Adopted by the Board of Commissioners of the Township of Haverford as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-2012 by Ord. No. 2660]
Editor's Note: This ordinance also repealed former Art. I, Adoption of Code, adopted 6-30-1986 by Ord. No. 1960.
Pursuant to the Charter of the Township of Haverford and Section 1502.1(b) of the First Class Township Code [53 P.S. § 56502(b)], the codification of a complete body of legislation for the Township of Haverford, 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 182, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Haverford, which shall be known and is hereby designated as the "General Laws of the Township of Haverford Pennsylvania," hereinafter referred to as the "General Laws."
The provisions of the General Laws, insofar as they are substantively the same as those of legislation in force immediately prior to the enactment of this ordinance, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior legislation. 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 Haverford, and it is the intention of said Board of Commissioners that each such provision contained within the General Laws is hereby reenacted and reaffirmed as it appears in said General Laws. Only such provisions of former legislation as are omitted from the General Laws shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date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 ordinance, as provided in § 1-16 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Haverford and in force on the date of the adoption of this ordinance and not contained in the General Laws are hereby repealed as of the effective date given in § 1-16 below, except as hereinafter provided.
The adoption of the General Laws 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 31, 1985.
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 or resolution 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 annexation of land.
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; or 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 concerning changes and amendments to the Zoning Map.
Any ordinance and amendments thereto establishing the Haverford Township Authority.
Ordinance No. 1323, adopted 11-13-1967, and any amendments thereto, relating to the incorporation of the Radnor-Haverford-Marple Sewer Authority.
Ordinance Nos. 1913, 1914, 1915, 1917, 1921, 1939, 1940 and 1941.
All legislation 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 General Laws and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the General Laws until printed supplements are included.
Nonsubstantive grammatical changes. In compiling and preparing the legislation of the Township for adoption and revision as part of the General Laws, certain nonsubstantive grammatical and style changes were made in one or more of said items of legislation. It is the intention of the Board of Commissioners that all such changes be adopted as part of the General Laws as if such legislation so changed had been previously formally amended to read as such.
General deletions. Sections pertaining to severability, effective dates and repeals have been deleted, since such provisions are included in this ordinance or are of no further effect.
Nomenclature changes. In revising the legislation of the Township for adoption as part of the General Laws, certain changes in nomenclature were made throughout in order to comply with statute, current practice and other legislation, particularly the Charter and Ordinance No. 1656, adopting the Administrative Code. It is the intent of the Board of Commissioners that such general changes be adopted as part of the General Laws as if the legislation so changed had been previously formally amended to read as such. Such general changes include the following:
Editor's Note: Pursuant to § 1-6C of Ord. No. 1960, the following sections were added or amended: §§ 4-406A(7), 25-5, 30-4, 30-19, 43-4, 45-3, 49-16, 49-17, 49-18, 49-19, 49-23, 53-1, 53-3, 53-4, 53-6, 53-7, 53-8, 55-4 through 55-12, 55-23, 55-24, 58-1, 58-2, 67-9, 67-13, 73-2, 73-4, 73-5, 73-7, 73-9, 73-10, 73-11, 73-12, 73-14, 73-16, 76-3, 80-2, 80-3, 80-5, 80-14, 80-15, 83-11, 86-9, 86-12, 89-5, 89-6, 89-7, 89-11, 91-1, 91-2, 91-3, 91-4, 91-5, 91-6, 91-12, 91-14, 91-17, 91-18, 91-19, 91-20, 91-21, 91-22, 91-23, 91-27, 91-28, 91-32, 91-33, 91-34, 91-34, 91-35, 91-36, 91-37, 91-38, 91-40, 91-41, 91-46, 91-47, 91-49, 91-50, 91-51, 91-52, 91-53, 95-1, 95-3, 95-4, 95-5, 95-6, 95-14, 99-1, 99-2, 99-3 through 99-10, 104-4, 104-5, 104-6, 104-7, 104-8, 104-9, 104-10, 104-13, 117-1, 117-3, 119-1 through 119-5, 126-8, 128-5, 128-6, 128-7, 132-1, 132-2, 132-3, 132-4, 132-5, 132-6, 132-8, 132-9, 132-10, 132-11, 132-12, 132-14, 132-18, 132-21, 132-24, 132-26, 132-27, 132-36, 132-53, 132-54, 132-55, 132-58, 132-60, 132-61, 136-1, 136-3, 136-4, 136-5, 138-6 through 138-13, 138-18, 149-43, 149-44, 149-45, 149-46, 149-47, 149-48, 149-50, 149-51, 157-12, 157-13, 157-14, 157-15, 157-16, 157-19, 157-24, 160-6, 165-1, 165-7, 165-8, 170-1, 182-720 and 182-723. A complete description of each change is included in Ord. No. 1960 and is on file in the office of the Township of Haverford.
The following sections which prescribe penalties for violations of provisions of the legislation of which they are a part shall be fixed at a maximum of $1,000 and may provide for imprisonment of not more than 90 days: §§ 43.6, 45-5, 45-13, 49-13, 49-22, 49-31, 53-8, 60-4, 73-16, 76-5, 78-12, 78-60, 86-10, 86-14, 91-12, 95-8, 95-11, 95-23, 95-26, 95-30, 95-39, 97-4, 99-2, 99-14, 101.4, 104-8, 111-21, 117-7, 119-7, 123-4, 126-10, 126-17, 128-4, 138-4, 138-22, 138-28, 149-7, 149-33, 149-34, 149-36, 149-43, 149-50, 154A-9, 157-10, 157-20, 157-34, 180-3.
All other sections which prescribe penalties for violations of provisions of the legislation of which they are a part shall be fixed at a maximum of $600.
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 items of legislation included in the General Laws. 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 General Laws 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 General Laws specified in § 1-16.
Editor's Note: Pursuant to § 1-6E of Ord. No. 1960, substantive changes and revisions were made in the following sections: §§ 4-901B, 30-14, 30-32D, 53-5A and C, 58-2I, M, Y, Z, AA, BB, CC, DD, EE and FF, 76-3B(1), 78-5D, 78-8, 78-10A, B and E, 78-11, 80-6B, 80-11, 99-4C, 99-51, 136-3, 138-5, 149-8, 149-11, 149-12, 149-13, 149-17, 149-18, 149-27B and C, 149-31, 149-46D(3), 157-24A(1), 165-16, 165-17, 165-18, 165-19, 165-20, 170-2A, G, I, J and K and 178-7.
In addition, the following were deleted: Section 4 of Ord. No. 1547, and portions of revised Section 318 of the 1975 Edition of the BOCA Basic Building Code, pertaining to penalties; original Section 6 of Ord. No. 343 which established fees for utility poles; all provisions of Ord. No. 1510, amending Ord. Nos. 270 and 1479, pertaining to the establishment and functions of the Shade Tree Commission, including the first sentence of Section 2, Section 3 and Subsections (a) and (b) of Section 4.
A complete description of each change is included in Ord. No. 1960 and is on file with the Township Clerk.
In interpreting and applying the provisions of the General Laws, 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 General Laws impose greater restrictions or requirements than those of any statute, other ordinance or regulation, the provisions of the General Laws 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.
Chapter and Article titles, headings and titles of sections and other divisions in the General Laws, or in supplements made to the General Laws, are inserted in the General Laws and may be inserted in supplements to the General Laws for the convenience of persons using the General Laws 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 General Laws are inserted in the General Laws and may be inserted in supplements to the General Laws for the convenience of persons using the General Laws and are not part of the ordinances.
One copy of the General Laws in a post-bound volume shall be filed in the office of the Township Secretary-Manager and shall remain there for use and examination by the public. In addition, a full version of the General Laws shall be available for public inspection online at the Township website (www.haverfordtownship.com) which online version shall be kept current. Ordinances pending incorporation into the codified General Laws shall be posted as new laws, and a copy of such ordinance(s) shall be linked to the General Laws. Upon adoption, such copies shall be certified to by the Township Secretary-Manager, as provided by law, and such certified copies shall remain on file in the office of the Township Secretary-Manager, available to persons desiring to examine the same during all times while said General Laws are in effect.
Any and all additions, deletions, amendments or supplements to the General Laws, 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 General Laws so that reference to the General Laws shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to the General Laws shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing said General Laws, as amendments and supplements thereto.
It shall be the duty of the Township Secretary-Manager, or someone authorized and directed by him or her, to keep up-to-date the certified copy of the book containing the General Laws required to be filed in the office of the Township Secretary-Manager for the use of the public. All changes in said General Laws 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 General Laws shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said General Laws books, at which time such supplements shall be inserted therein.
Copies of the book containing the General Laws may be purchased from the publisher at the requester's sole expense.
The Township Secretary-Manager, pursuant to law, shall cause to be published in the manner required a notice of the introduction and of the adoption of the General Laws 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 General Laws for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the General Laws 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 General Laws, 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 liable to the maximum penalty provided by law.
No elected official shall vote on any issue before the Board of Commissioners involving the awarding of Township business or a Township contract to a person or entity which has given that elected official a political contribution or in which that elected official or his/her immediate family has a financial interest unless publicly acknowledging such contribution or financial interest prior to his/her public vote. For the purposes of this ordinance, an "entity" shall include any individual, corporation, partnership and/or association and the respective owners, officers and/or employees of the same, and "immediate family" shall mean the elected official, his/her spouse, children, parents or siblings.
The provisions of this ordinance and of the General Laws adopted hereby are severable, and if any clause, sentence, subsection, section, Article 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 or part thereof rendered. It is hereby declared to be the intent of the Board of Commissioners that this ordinance and the General Laws would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, Article or part thereof had not been included therein.
All provisions of this ordinance and of the General Laws shall be in force and effect on and after July 12, 1986.