[HISTORY: Adopted by the Board of Supervisors of the Township
of Perkiomen as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-28-1996 by Ord. No. 156]
[Amended 5-5-2015 by Ord. No. 224]
Fines for violations of all ordinances of Perkiomen Township
heretofore and hereafter enacted in the nature of building, housing,
property maintenance, health, fire or public safety codes or ordinances,
and for water, air and noise pollution violations shall not exceed
$1,000 for each violation and, in default of payment, imprisonment
for not more than 90 days.
Excepting those ordinances enumerated in §
1-1 hereof, fines for violations of all other ordinances of Perkiomen Township heretofore or hereafter enacted shall not exceed $600 for each violation.
Any person who violates or permits a violation of an ordinance
of Perkiomen Township shall, upon being liable therefor in a civil
enforcement proceeding commenced by the Township, pay a fine established
by this article, plus all court costs, including reasonable attorneys'
fees incurred by the Township. No judgment shall be imposed until
the date of the determination of violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Pennsylvania
Rules of Civil Procedure.
This article shall not effect, amend, modify or repeal the provisions
of the following ordinances:
A. Ordinance No. 59, enacted November 12, 1974, the Perkiomen Township Subdivision and Land Development Ordinance of 1974 (Chapter
264, Subdivision and Land Development, of the Code of the Township of Perkiomen, with all amendments and supplements thereto).
B. Ordinance No. 60, enacted February 4, 1975, the Perkiomen Township Zoning Ordinance of 1975 (Chapter
310, Zoning, of the Code of the Township of Perkiomen, with all amendments and supplements thereto).
C. Ordinance
No. 97, adopted April 7, 1987, the Realty Transfer Tax Ordinance of
Perkiomen Township.
[Added 11-4-1996 by Ord. No. 158]
D. Ordinance
No. 35, adopted June 22, 1970, as amended by Ordinance No. 73, adopted
November 14, 1978, the Earned Income Tax Ordinance.
[Added 11-4-1996 by Ord. No. 158]
E. Ordinance
No. 68, adopted April 5, 1977, establishing stop intersections for
the control of traffic proceeding into and through the intersections
therein designated.
[Added 11-4-1996 by Ord. No. 158]
F. Ordinance
No. 76, adopted September 4, 1979, establishing stop intersections
for the control of traffic proceeding into and through the intersections
therein designated.
[Added 11-4-1996 by Ord. No. 158]
G. Ordinance
No. 78, adopted December 4, 1979, establishing stop intersections
for the control of traffic proceeding into and through the intersections
therein designated.
[Added 11-4-1996 by Ord. No. 158]
H. Ordinance
No. 77, adopted September 4, 1979, establishing no-parking zone at
designated areas on Lexington Road, Salem Road and Concord Road.
[Added 11-4-1996 by Ord. No. 158]
I. Ordinance
No. 152, adopted December 20, 1995, establishing speed limits on the
roads designated therein under the jurisdiction of Perkiomen Township.
[Added 11-4-1996 by Ord. No. 158]
J. Ordinance
No. 153, adopted December 20, 1995, prohibiting parking on Iron Bridge
Drive and G. P. Clement Drive.
[Added 11-4-1996 by Ord. No. 158]
K. Ordinance
No. 154, adopted December 20, 1995, establishing a multiway stop intersection
at Kagey Road and Forge Road.
[Added 11-4-1996 by Ord. No. 158]
Excepting those ordinances enumerated in §
1-4 hereof, the provisions of other ordinances or parts of ordinances inconsistent or in conflict with this article are hereby repealed.
[Adopted 5-5-2015 by Ord. No. 224]
Pursuant to Section 1601(d) of the Second Class Township Code [53 P.S. § 66601(d)], the codification of a complete body of legislation for the Township of Perkiomen, County of Montgomery, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters
1 through
310, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Perkiomen, which shall be known and is hereby designated as the "Code of the Township of Perkiomen," 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 Board of Supervisors of the Township of Perkiomen, and it is the intention of said Board of Supervisors 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 §
1-8 below, and only new or changed provisions, as described in §
1-11 below, shall be deemed to be enacted from the effective date of this Code, as provided in §
1-20 below.
A. Repeal of inconsistent ordinances. Except as provided in §
1-9, Legislation saved from repeal; matters not affected by repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in §
1-20; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of Perkiomen which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. Repeal of
specific ordinances. The Board of Supervisors of the Township of Perkiomen
has determined that the following ordinances are no longer in effect
and hereby specifically repeals the following legislation:
(1) Ordinance
No. 1, Piggeries, adopted June 1, 1953.
(2) Ordinance
No. 7, Killing birds or other animals, adopted November 2, 1959.
(3) Ordinance
No. 12, Driveways, adopted November 3, 1963.
(4) Ordinance
No. 22, Animals running at large, adopted June 7, 1965.
(5) Ordinance
Nos. 27 and 33, pertaining to garbage collection permits, adopted
October 3, 1966 and September 5, 1967, respectively.
(6) Ordinance
Nos. 40/40A and 110, amending sewer rents and charges, adopted December
3, 1970 and January 25, 1989, respectively.
(7) Ordinance
No. 50, Housing standards, adopted July 3, 1973.
(8) Ordinance
No. 51, Curfew, adopted August 7, 1973, as amended by Ord. No. 84.
(9) Ordinance
No. 63, Dog regulations, adopted December 2, 1975.
(10) Ordinance
No. 64, Police pension plan, adopted August 10, 1976.
(11) Ordinance
No. 69, Obscene materials, adopted November 1, 1977.
(12) Ordinance
No. 72, Disorderly conduct, adopted August 1, 1978.
(13) Ordinance
No. 75, Maple Hill streetlighting district, adopted April 3, 1979.
(14) Ordinance
No. 90, Subdivision amendment pertaining to rear lots, adopted October
1, 1985.
(15) Ordinance
Nos. 103, 105 and 122, BOCA 1987 codes, adopted April 5, 1988, June
7, 1988, and October 3, 1989, respectively.
(16) Ordinance
No. 106, Rental occupancy reports, adopted June 6, 1988.
(17) Ordinance
No. 117, Subdivision (Elderly Residential District), adopted June
6, 1989.
(18) Ordinance
No. 133, Solid waste collection and disposal, adopted October 17,
1990.
(19) Ordinance
No. 140, False alarms, adopted January 12, 1994.
(20) A portion
of Ordinance No. 83 and Ordinance Nos. 145, 146, 147, 160 and 161,
floodplain management amendments.
The adoption of this Code and the repeal of ordinances provided for in §
1-8 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 §
1-8 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 August 5, 2014.
B. 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.
C. 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.
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 Township.
E. Any franchise,
license, right, easement or privilege heretofore granted or conferred
by the Township or any lawful contract, obligation or agreement.
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 Township or other instruments or evidence of the Township'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 Township.
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
providing for the salaries and compensation of officers and employees
of the Township or setting the bond of any officer or employee.
P. Any ordinance
concerning changes and amendments to the Zoning Map.
Q. Any ordinance
relating to or establishing a pension plan or pension fund for municipal
employees.
R. Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the Township.
S. Any currently
effective ordinance providing for intergovernmental cooperation or
establishing an intermunicipal agreement.
All ordinances of a general and permanent nature adopted subsequent to the date given in §
1-9A 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. Nonsubstantive
changes. In compiling and preparing the ordinances and resolutions
of the Township for adoption and revision as part of the Code, certain
nonsubstantive grammatical and style changes were made in one or more
of said ordinances and resolutions. 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 so changed had been previously
formally amended to read as such.
B. The following
outdated terms have been changed where they appeared in the prior
Code:
(1) “Justice
of the Peace,” “District Justice,” “District
Magistrate” or “Magistrate” to “Magisterial
District Judge.”
(2) Department
of Community Affairs” to “Department of Community and
Economic Development.”
(3) U.S.
Department of Agriculture’s “Soil Conservation Service
(SCS)” to “Natural Resources Conservation Service (NRCS).”
(4) “Department
of Environmental Resources” to “Department of Environmental
Protection” or “Department of Conservation and Natural
Resources.”
C. Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the legislation so changed had 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 Code specified in §
1-20.
In interpreting and applying the provisions of the Code, 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 Code impose greater restrictions or requirements
than those of any statute, other ordinance, resolution or regulation,
the provisions of the Code shall control. Where the provisions of
any statute, other ordinance, resolution or regulation impose greater
restrictions or requirements, the provisions of such statute, other
ordinance, resolution or regulation shall control.
A. Chapter
and article titles, headings and titles of sections and other divisions
in the Code or in supplements made to the Code are inserted in the
Code and may be inserted in supplements to the Code for the convenience
of persons using the Code and are not part of the legislation.
B. Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
At least one copy of the Code in a post-bound volume shall be
filed with the Ordinance Book in the office of the Township Secretary
and shall remain there for use and examination by the public. Upon
adoption, such copy or copies shall be certified to by the Township
Secretary, as provided by law, and such certified copy or copies shall
remain on file in the office of the Township 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 Board of Supervisors 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 Township Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copy or
copies of the book containing the Code required to be filed in the
office of the Township Secretary for the use of the public. All changes
in said Code and all legislation adopted by the Board of Supervisors
subsequent to the effective date of this codification which the Board
of Supervisors shall adopt specifically as part of the Code shall,
when finally adopted, be included therein by reference until such
changes or new legislation are printed as supplements to said Code
books, at which time such supplements shall be inserted therein.
The Township Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction of the Code in
a newspaper of general circulation in the Township. The enactment
and application of this ordinance, coupled with the publication of
the notice of introduction, the availability of a copy or copies of
the Code for inspection by the public and the filing of an attested
copy of this ordinance with the county, as required by law, 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 Township to be misrepresented thereby. Any person who
violates or permits a violation of this section of this ordinance
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a fine of not more than $600, plus all court costs, including
reasonable attorneys' fees, incurred by the Township in the enforcement
of this chapter. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day a violation exists shall
constitute a separate offense. Further, the appropriate officers or
agents of the Township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.
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 Board of Supervisors 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 be in
force and effect on and after May 5, 2015.