[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the codification are hereby expressly repealed as of that date.
A. Repeal
of specific ordinances. The Borough Council of the Borough of Fox
Chapel hereby specifically repeals the following legislation:
(1) Ordinance No. 3, Billboards, adopted November 30, 1934, as amended
by Ordinance No. 190, adopted October 20, 1958.
(2) Ordinance No. 8, Public health nuisances, adopted March 11, 1935,
as amended by Ord. No. 192, adopted October 20, 1958.
(3) Ordinance No. 13, Hunting and trapping, adopted October 14, 1935.
(4) Ordinance No. 58, sidewalk repair and maintenance, adopted October
1, 1941.
(5) Ordinance No. 108, Mining, adopted February 11, 1952.
(6) Ordinance No. 117, Social Security, adopted June 27, 1952.
(7) Ordinance No. 171, sewage disposal where sanitary sewer unavailable,
adopted July 15, 1957, as amended by Ord. No. 258, adopted August
13, 1964.
(8) Ordinance No. 326, Swimming pools, adopted December 6, 1972.
(9) Ordinance No. 397, Dog control, adopted March 20, 1978.
(10) Ordinance No. 399, Disorderly conduct, adopted March 20, 1978.
(11) Ordinance No. 400, Loitering, adopted March 20, 1978.
(12) Ordinance No. 401, Tampering with public property, adopted March
20, 1978.
(13) Ordinance No. 444, Reserve funds, adopted January 31, 1984.
(14) Ordinance No. 553, Feeding of deer, adopted July 18, 1994.
(15) Ordinance No. 633, Sign Regulations, adopted July 21, 2003.
(16) Former Chapter 1, Part 1, § 4, compensation of Tax Collector,
of the 1978 Code; Ordinance No. 452, adopted January 21, 1985, as
amended.
(17) Former Chapter 1, Part 3C, Fox Chapel Library Authority, of the 1978
Code; Ordinance No. 675, adopted January 4, 2010.
(18) Former Chapter 1, Part 4A, Guyasuta Joint Municipal Planning Commission,
of the 1978 Code; Ordinance No. 340, adopted November 18, 1974.
(19) Former Chapter 1, Part 6, Educational Service Agency, of the 1978
Code; Ordinance No. 420, adopted June 3, 1980.
(20) Former Chapter 7, Part 1, Open burning, of the 1978 Code.
(21) 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:
A. Any
ordinance adopted subsequent to December 18, 2017.
B. 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.
C. 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.
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 Borough.
E. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Borough 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 Borough or other instruments or evidence
of the Borough'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 Borough.
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 Borough 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 Borough.
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 §
1-3A 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.
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.
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.