[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Makefield as indicated in part histories. Amendments noted where applicable.]
[Adopted 12-6-1995 by Ord. No. 186]
The "Code of Ordinances of the Township of Upper Makefield," as prepared and published for the said Township is hereby adopted as a consolidation, codification and revision of the ordinances of the Township. Chapters 1 through 27 thereof contain the text of the body of all general administrative and regulatory ordinances of the Township organized as follows:
TABLE OF CONTENTS
Chapter 1
Administration and Government
Chapter 2
Animals
Chapter 3
Bicycles [Reserved]
Chapter 4
Buildings
Chapter 5
Code Enforcement
Chapter 6
Conduct
Chapter 7
Fire Prevention and Fire Protection [Reserved]
Chapter 8
Floodplains [Reserved]
Chapter 9
Grading and Excavating
Chapter 10
Health and Safety
Chapter 11
Housing [Reserved]
Chapter 12
Libraries [Reserved]
Chapter 13
Licenses, Permits and General Business Regulations
Chapter 14
Mobile Homes and Mobile Home Parks [Reserved]
Chapter 15
Motor Vehicles and Traffic
Chapter 16
Parks and Recreation
Chapter 17
Planned Residential Development [Reserved]
Chapter 18
Sewers and Sewage Disposal
Chapter 19
Signs [Reserved]
Chapter 20
Solid Waste
Chapter 21
Streets and Sidewalks
Chapter 22
Subdivision and Land Development
Chapter 23
Swimming Pools [Reserved]
Chapter 24
Taxation; Special
Chapter 25
Trees [Reserved]
Chapter 26
Water
Chapter 27
Zoning [Reserved]
APPENDIX
A
Annexation of Territory
B
Bond Issues and Loans
C
Franchise and Services
D
Governmental and Intergovernmental Affairs
E
Plan Approval
F
Public Property
G
Sewers
H
Streets and Sidewalks
I
Water
J
Zoning; Prior Ordinances
Key to the Disposition of All Ordinances
The Appendix of the volume lists, by subject matter, in chronological order, the titles (or an abstract of title) of enactments of special nature or of historical interest, for the complete text of which the official records of the Township shall be authoritative.
The codification referred to in Section 1 of this ordinance shall be known and cited officially as the "Township of Upper Makefield Code of Ordinances," and all future ordinances shall make reference thereto. This ordinance shall become effective immediately upon publication of notice of final enactment as required by law.
The provisions of the Township of Upper Makefield 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 Upper Makefield 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 codification, the following provisions are hereby consolidated and revised as indicated:
A. 
Consolidations.
Chapter, Part, Section
Subject
Ordinance or Resolution No.
15, entire length
Motor Vehicles and Traffic
10, 15, 23, 40, 44, 49, 50, 66, 91, 93, 104, 112, 124, 131, 159, 162
B. 
Revisions.
Chapter, Part, Section
Subject
Ordinance or Resolution No.
1, Part 8, §§ 801-803
Firemen's Relief Association
Res. 6/6/1949
2, Part 1, §§ 101-108
Prohibiting Dogs Running at Large
4
6, Part 1, §§ 101, 102
Disorderly Conduct
79
As a necessary part of codification, the following ordinances are hereby enacted, amended and repealed as summarized by short title:
A. 
New enactments.
Chapter, Part, Section
Subject
15, Entire length
Motor Vehicles and Traffic
24, 2, §§ 201-217
Realty Transfer Tax
B. 
Amendments.
Chapter, Part, Section
Subject
Ordinance or Resolution No.
1, 5, § 501
Establishment of Police Department
12
1, 7, § 701
Definitions
149, § 1
5, 1, § 102
File Copies
108
5, 1, § 103
Amendments
108, 164, § II; 176, § II
5, 1, § 104
Definitions
108; 154, § 1
5, 1, § 105
Conflict of Laws
108
5, 2, § 202
File Copies
109
5, 2, § 204
Definitions
109; 164, § VI
5, 2, § 205
Conflict of Laws
109
13, 2, § 202
Application
42, § 3
13, 2, § 207
Persons Exempted
42, § 7
13, 3, § 308
License Fee
36, § 9
18, 1, § 105
Right-of-Way
143, § 105
18, 1, § 132
Application Procedure
143, § 402
18, 1, § 133
Permit Issuance
143, § 403
18, 1, § 134
Application Requirements
143, § 404
18, 1, § 135
Community OLDS Plan Contents
143, § 405
18, 1, § 140
Construction Escrow/Performance Bond
143, § 410
18, 1, § 153
Appeal to Board of Supervisors of Upper Makefield Township
143, § 503
C. 
Repeals.
Ordinance or Resolution No.
Subject
Ord. 2
Trailer Camps
Ord. 7
Curbs
Ord. 27
Roads
Ord. 31
Sidewalks
Ord. 34
Private Roads
Ord. 47
Private Swimming Pools
Ord. 48
Prohibiting Operation of Unregistered Motor Vehicles
Ord. 64
Prohibiting Operation of Unregistered Motor Vehicles
Ord. 72
Residential Construction Tax
Ord. 81
Swimming Pools
Ord. 126
Administrative Code
The Township of Upper Makefield Code of Ordinances is hereby amended as is more fully shown in the complete text of Chapters 22 and 27 thereof which is attached hereto and made a part hereof by reference hereto as if fully set out at length herein, with deletions shown by and additions shown by underline, all of which is briefly summarized hereinafter.
A. 
New provisions. The following provisions are new provisions which are being added to the Code, are underlined throughout the text and are summarized as follows:
Chapter, Part, Section
Subject
None
B. 
Revised provisions. The following provisions of the Code are revised, the text of which indicates deletions by and additions by underline, and are summarized as follows:
Chapter, Part, Section
Subject
Ordinance or Resolution No.
None
C. 
Repealed provisions. The following provisions of the Code are repealed, the text of which is indicated by and are summarized as follows:
Chapter, Part, Section
Subject
Ordinance or Resolution No.
22, 2, § 203
Variances
53
22, 2, § 204
Conditions of Variances, etc. Authorized
53
The following minor procedural changes have been made to existing Township of Upper Makefield ordinances:
A. 
Grammatical and spelling errors have been corrected where necessary;
B. 
Minor changes have been made to correct obsolete terms and usages;
C. 
The penalty provisions have been revised where necessary to comply with the Township Code, Vehicle Code, Municipalities Planning Code and the Local Tax Enabling Act.
The procedure for amending the Code of Ordinances shall include the citation of 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-date certified copy of the Code of Ordinances. This copy shall be the official copy of the Township of Upper Makefield 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 $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 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 4-4-2017 by Ord. No. 315]
In accordance with Section 1601(d) of the Second Class Township Code [53 P.S.§ 66601(d)], the ordinances of the Township of Upper Makefield, as codified by General Code, and consisting of Chapters 1 through 28B, together with an Appendix, and as adopted by Ord. No. 186, shall be known collectively as the "Code of the Township of Upper Makefield," hereafter termed the "Code." Wherever reference is made in any of the ordinances or resolutions contained in the "Code of the Township of Upper Makefield" to any other ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, part number, article number or section number appearing in the Code as if such ordinance or resolution had been formally amended to so read.
The provisions of the 1995 Code of Ordinances, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment and revision of the Code by 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 Supervisors of the Township of Upper Makefield, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the Township Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Board of Supervisors. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
A. 
In compiling and preparing the 1995 Code and subsequent ordinances and resolutions for publication as the 2016 Code of the Township of Upper Makefield, no changes in the meaning or intent of such ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, 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 and resolutions had been previously formally amended to read as such.
B. 
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance.[1]
[1]
Editor's Note: In accordance with § AO-16B, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter AO, Adopting Ordinance, Part 2. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 4-4-2017 by Ord. No. 315." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C. 
Nomenclature. Throughout the Code, references to the following agencies or officials are updated as indicated:
(1) 
"Department of Environmental Resources" or "DER" to "Department of Environmental Protection" or "DEP."
(2) 
"Department of Community Affairs" or "DCA" to "Department of Community and Economic Development" or "DCED."
(3) 
"Justice of the Peace," "District Magistrate" and "District Justice" to "Magisterial District Judge."
(4) 
"Soil Conservation Service" or "SCS" to "Natural Resources Conservation Service" or "NRCS."
(5) 
"Code Enforcement Officer" to "Planning and Zoning Officer."
(6) 
"Dog Warden" to "Animal Control Officer."
The existing Chapter 21, Part 5, Rights-of-Way Management, of the 1995 Code of Ordinances, adopted July 20, 2005, by Ord. No. 266, is hereby repealed.
The adoption of these Code revisions and the repeal of ordinances provided for in § AO-17 of this ordinance shall not affect the Personnel Policy, adopted by Ord. No. 263-1, which is hereby expressly saved from repeal.