[Ord. 1985-1, 2/13/1985]
This chapter shall be known and may be cited as the "Administrative
Code of the Township of Kingston, Pennsylvania, and is adopted pursuant
to Act 62 of 1972 (P.L. 184), as amended, designated as the "Home
Rule Charter and Optional Plans Law," and Article IV, Section 401(1),
of the Kingston Township Home Rule Charter.
[Ord. 1985-1, 2/13/1985]
As used in this Chapter
1, these words, terms, and phrases shall mean or include the following:
ADMINISTRATIVE
The function of carrying out the policies, ordinances, or
mandates of the Board of Supervisors.
ADMINISTRATIVE CODE
The administrative code adopted by the Board of Supervisors
of the Township of Kingston, pursuant to the provisions of the Home
Rule Charter Article IV, Section 401(1) which defines the responsibilities
of the municipal departments, offices and agencies.
ADVISORY
The function of gathering facts and making recommendations
to the Board of Supervisors or to any other body designated by the
Board of Supervisors.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Kingston elected
by the qualified voters of said Township pursuant to the Home Rule
Charter.
BOARD
A body established under the provisions of the law or by
a valid ordinance of the Township, on a permanent basis and for indefinite
duration, to perform those functions of a judicial or quasi-judicial
nature that are specified in the Part creating the board or the law
governing it, and to be composed of three or more individuals, appointed
by the Board of Supervisors for definite terms of office as specified
in the Home Rule Charter. Where a body falling within this definition
of "Board" shall, by law, be required to be designated as a "Commission,"
that fact shall be clearly stated in the Part erecting or governing
that "Commission," and that Part shall specify that the "Commission"
shall perform the functions of a "Board" rather than a "Commission".
CODE
The Code of the Township of Kingston as adopted by the Board
of Supervisors. The Code contains all Township ordinances of a general
and permanent nature, including the Administrative Code.
COMMISSION
A body established under the provisions of the law or by
a valid ordinance of the Township, on a permanent basis and for indefinite
duration, to perform those functions of an advisory or administrative
nature that are specified in the Part creating the commission or in
the law governing it, and to be composed of not less than three nor
more than seven individuals, appointed by the Board of Supervisors
for definite terms of office. Where a body falling within this definition
of "Commission" shall, by law, be required to be designated as a "Board,"
that fact shall be clearly stated in the Part creating or governing
that "Board," and that Part shall specify that the "Board" shall have
only the authority of a "Commission," as defined in this paragraph.
COMMONWEALTH
The Commonwealth of Pennsylvania. Use of the term "state"
shall be deemed to mean "commonwealth."
HOME RULE CHARTER
The Home Rule Charter of the Township of Kingston, as approved
by the electors of said Township on May 21, 1974, with amendments,
if any, thereafter lawfully adopted and approved. Said Home Rule Charter
may be simply referred to as "Charter."
JUDICIAL
The function of hearing and deciding cases or controversies
arising from the application of ordinances, regulations or laws.
LAW
The Constitution and any statute of the Commonwealth of Pennsylvania
and all applicable laws of the United States of America.
MANAGER
The Township Manager of the Township of Kingston appointed
by the Board of Supervisors pursuant to the Home Rule Charter, Article
V, Section 501.
ORDINANCE
All ordinances of the Township, including this Administrative
Code.
PERSON
Any individual, partnership, association, corporation, firm,
utility, government agency, or other entity capable of being sued.
Whenever used in any section prescribing and imposing a penalty, the
term "person," as applied to associations shall mean the partners
or members thereof, and as applied to corporations, the officers thereof.
TOWNSHIP
The Township of Kingston, a home rule municipality, in the
County of Luzerne, Commonwealth of Pennsylvania.
In this chapter, the singular shall include the plural, the
plural shall include the singular, and the masculine shall include
the feminine and the neuter.
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[Ord. 1985-1, 2/13/1985]
In this chapter and in other ordinances of the Township, the
following rules of word usage shall apply unless the context clearly
indicates otherwise:
1. Gender. Words importing the masculine gender only shall also mean
and include the feminine and neuter genders and shall also apply to
firms, associations, corporations, and other artificial persons.
2. Number. Words importing the singular number only shall include the
plural number, and words importing the plural number only shall include
the singular number.
3. Shall, May. The word "shall" is mandatory, and the word "may" is
permissive.
[Ord. 1985-1, 2/13/1985]
In interpreting and applying the provisions of this chapter,
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 this chapter impose greater restrictions or
requirements than those of any law, other ordinance or regulation,
the provisions of this chapter shall control. Where the provisions
of any law, other ordinance or regulation impose greater restrictions
or requirements, the provisions of such law, other ordinance or regulation
shall be controlling.