[HISTORY: Adopted by the Borough Council of the Borough of Fox Chapel as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 4-16-2018 by Ord. No. 705]
Pursuant to Section 3301.5 of the Borough Code (8 Pa.C.S.A. § 3301.5), the codification of a complete body of legislation for the Borough of Fox Chapel, County of Allegheny, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 400, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Fox Chapel, which shall be known and is hereby designated as the "Code of the Borough of Fox Chapel," 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. This codification (including ordinances referenced in Appendixes) constitutes an amendment and restatement of all Borough ordinances in effect on the date of its enactment. Ordinances and parts thereof which are not included in the codification are hereby expressly repealed as of that date.
Repeal of specific ordinances. The Borough Council of the Borough of Fox Chapel hereby specifically repeals the following legislation:
Ordinance No. 3, Billboards, adopted November 30, 1934, as amended by Ordinance No. 190, adopted October 20, 1958.
Ordinance No. 8, Public health nuisances, adopted March 11, 1935, as amended by Ord. No. 192, adopted October 20, 1958.
Ordinance No. 13, Hunting and trapping, adopted October 14, 1935.
Ordinance No. 58, sidewalk repair and maintenance, adopted October 1, 1941.
Ordinance No. 108, Mining, adopted February 11, 1952.
Ordinance No. 117, Social Security, adopted June 27, 1952.
Ordinance No. 171, sewage disposal where sanitary sewer unavailable, adopted July 15, 1957, as amended by Ord. No. 258, adopted August 13, 1964.
Ordinance No. 326, Swimming pools, adopted December 6, 1972.
Ordinance No. 397, Dog control, adopted March 20, 1978.
Ordinance No. 399, Disorderly conduct, adopted March 20, 1978.
Ordinance No. 400, Loitering, adopted March 20, 1978.
Ordinance No. 401, Tampering with public property, adopted March 20, 1978.
Ordinance No. 444, Reserve funds, adopted January 31, 1984.
Ordinance No. 553, Feeding of deer, adopted July 18, 1994.
Ordinance No. 633, Sign Regulations, adopted July 21, 2003.
Former Chapter 1, Part 1, § 4, compensation of Tax Collector, of the 1978 Code; Ordinance No. 452, adopted January 21, 1985, as amended.
Former Chapter 1, Part 3C, Fox Chapel Library Authority, of the 1978 Code; Ordinance No. 675, adopted January 4, 2010.
Former Chapter 1, Part 4A, Guyasuta Joint Municipal Planning Commission, of the 1978 Code; Ordinance No. 340, adopted November 18, 1974.
Former Chapter 1, Part 6, Educational Service Agency, of the 1978 Code; Ordinance No. 420, adopted June 3, 1980.
Former Chapter 7, Part 1, Open burning, of the 1978 Code.
Former Chapter 24, Part 4, Appointment of Earned Income Tax, Occupational Privilege Tax and Real Estate Tax Collector, of the 1978 Code; Ord. No. 533, adopted September 21, 1992.
The adoption of this Code and the repeal of ordinances provided for in § 1-2 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 § 1-2 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 18, 2017.
Any right or liability established, accrued or incurred under any legislative provision of the Borough which continues in effect 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 Borough 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 Borough.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Borough or any lawful contract, obligation or agreement.
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.
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 ordinance annexing land to the Borough.
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; 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 Borough or setting the bond of any officer or employee.
Any ordinance concerning changes and amendments to the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Borough.
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 § 1-3A and 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.
Nonsubstantive changes. In compiling and preparing the ordinances and resolutions of the Borough 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 Borough Council 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.
Nomenclature. The following outdated terms have been changed where they appeared in the prior Code:
"Justice of the Peace," "District Justice," "District Magistrate" or "Magistrate" to "Magisterial District Judge."
"Department of Community Affairs" to "Department of Community and Economic Development."
"Department of Environmental Resources" to "Department of Environmental Protection," where appropriate.
"Department of Public Welfare" to "Department of Human Services."
USDA's "Soil Conservation Service" to "Natural Resources Conservation Service."
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 Borough Council, and it is the intent of the Borough Council 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 § 1-13.
Editor's Note: In accordance with § 1-5C, 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 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 4-16-2018 by Ord. No. 705." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
Statutory references. Pursuant to recodification of the Borough Code in 2012 and 2014 (see now 8 Pa.C.S.A. § 101 et seq.), statutory citations referring to specific sections of the Borough Code have been updated accordingly throughout the Code.
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 or regulation adopted pursuant to such a statute impose greater restrictions or requirements, the provisions of such statute or regulation shall control.
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.
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 Borough Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Borough Secretary, as provided by law, and such certified copy or copies 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 or copies 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 legislation 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 legislation are printed as supplements to said Code books, 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 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.
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, that language shall be deemed to be amended to the minimum extent necessary to make it legal, valid and constitutional, and 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.
All provisions of this ordinance and of the Code shall be in force and effect on and after April 16, 2018.