[HISTORY: Adopted by the Board of Supervisors of Edgmont
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-8-2020 by Ord. No. 241]
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 Edgmont, County of Delaware, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters
1 through
365, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Edgmont, which shall be known and is hereby designated as the "Code of the Township of Edgmont," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of policies, ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such policies 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 Edgmont, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below, and only new or changed provisions, as described in §
1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in §
1-15 below.
A. Repeal of inconsistent ordinances. Except as provided in §
1-4, 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or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in §
1-15; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of Edgmont 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
Edgmont has determined that the following ordinances are hereby specifically
repeals the following legislation:
(1) Ordinance No. 2, civilian defense, adopted February 9, 1942.
(2) Ordinance No. 21, weapons, adopted July 7, 1958; as well amending
Ordinance No. 62, adopted October 4, 1977.
(3) Ordinance No. 30, roads and highway standards, adopted June 6, 1967.
(4) Ordinance No. 43, openings and excavations in streets, adopted June
4, 1964.
(5) Ordinance No. 50, soil removal and excavation, adopted May 6, 1975.
(6) Ordinance No. 53, fees for sewage permits, adopted August 3, 1976;
as well as the following amending ordinances: Ord. No. 65, adopted
June 6, 1978; Ord. No. 77, adopted April 5, 1983; and Ord. No. 93,
adopted October 7, 1986.
(7) Ordinance No. 169, rights-of-way permits, adopted October 17, 2001.
(8) Ordinance No. 239, Life safety inspections, adopted May 8, 2018.
The adoption of this Code and the repeal of ordinances provided for in §
1-3 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 §
1-3 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 January 6, 2020.
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 §
1-4A 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. 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 §
1-15.
C. Nomenclature
changes and revisions.
(1) "Justice of the Peace," "District Justice," "District Magistrate"
or "Magistrate" is changed to "Magisterial District Judge."
(2) "Department of Community Affairs" is changed to "Department of Community
and Economic Development."
(3) U.S. Department of Agriculture's "Soil Conservation Service
(SCS)" is changed to "Natural Resources Conservation Service (NRCS)."
(4) "Department of Environmental Resources" is changed to "Department
of Environmental Protection" or "Department of Conservation and Natural
Resources," as applicable.
(5) "Policemen/man" is updated to "police officer/officers."
(6) "Firemen/man" is updated to "firefighter/firefighters."
(7) "Chairman/men" is updated to "Chairperson/Chairpersons."
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. A copy of the Code or required portions thereof
shall be filed with the Delaware County Planning Department and Delaware
County Law Library, as required by law.
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. A
copy of amendments to the Code shall be filed with the Delaware County
Planning Department and Delaware County Law Library, as required by
law.
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 or portions thereof with the Delaware County
Planning Department and Delaware County Law Library, 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 attorney's 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 five days after adoption of this ordinance.
[Adopted 3-12-1997 by Ord. No. 137]
A. The Amended Second Class Township Code, Act 60 of 1995 ("Act 60"),
took effect May 7, 1996; the Act 60 was further amended by Act 172
("Act 172") which took effect February 16, 1997.
B. Act 60 clarified that the enforcement of Township ordinances is civil
and not criminal in nature.
C. Act 172 amended Act 60 to provide, among other things, contrary to
Act 60, that enforcement of Edgmont Township ordinances may be by
civil proceedings, pursuant to the Pennsylvania Rules of Civil Procedure,
or by summary proceedings, pursuant to the Pennsylvania Rules of Criminal
Procedure, depending on the particular ordinance.
D. The Township of Edgmont intends to conform all of its ordinances
and parts thereof with Act 60, as further amended by Act 172.
Edgmont Township Board of Supervisors hereby repeals Ordinance
Number 135, enacted the 11th day of September, 1996.
[Amended 9-8-2020 by Ord. No. 241]
The Edgmont Township Board of Supervisors herewith grants ordinance
enforcement authority to each of the designated representatives of
Edgmont Township, to identify and enforce the ordinances of Edgmont
Township which fall under each of their respective jurisdictions.
C. Sewage Enforcement Officer.
H. Construction Code Official.
A. In the event of the violation of an ordinance of Edgmont Township
providing for enforcement through civil proceedings, the authorized
representative shall make a determination in each instance whether
a violation has or is occurring.
[Amended 9-8-2020 by Ord. No. 241]
B. Upon determining the violation has, or is, occurring, and except
as otherwise provided in this article, the authorized representative
shall issue a notice of violation ("notice"), and the Board of Supervisors
may impose a civil penalty in an amount not to exceed $600 upon the
violator.
C. In the event the violator pays the prescribed civil penalty within
15 days of the date on the notice, the civil penalty is to be reduced
by a sum equal to 50% of the stated civil penalty.
D. In the event that the notice is not complied with and the civil penalty
is not voluntarily paid to the Township, the Township shall initiate
a civil enforcement proceeding before a Magisterial District Judge,
by complaint or other such means as may be provided by the Pennsylvania
Rules of Civil Procedure.
E. In addition to or in lieu of civil actions before a Magisterial District
Judge, the Township may enforce the ordinance in an equity proceeding
in the County Court of Common Pleas.
F. In any case where a penalty for a violation of the above ordinances
has not been timely paid and the person upon whom the penalty was
imposed is found to have been liable therefor in civil proceedings,
the violator shall be liable for the penalty imposed, including additional
daily penalties for continuing violations, plus court costs and reasonable
attorney fees incurred by the Township in the enforcement proceedings.
G. Each day or portion thereof that the violation shall be found to
exist, or each section of the ordinance(s) which is found to have
been violated, shall give rise to a separate offense under said ordinance(s).
A. In the event of the violation of an ordinance of Edgmont Township
providing for enforcement through summary proceedings, the authorized
representative shall make a determination in each instance whether
a violation has or is occurring.
[Amended 9-8-2020 by Ord. No. 241]
B. Upon determining the violation has, or is, occurring, and except
as otherwise provided in this article, the authorized representative
shall issue a notice of violation ("notice"), and the Board of Supervisors
may impose a criminal fine in an amount not to exceed $1,000 upon
the violator, and in addition, the Board of Supervisors, to the extent
provided by law, may prescribe imprisonment as punishment for the
summary offense.
C. In the event the violator pays the prescribed criminal fine within
15 days of the date on the notice, the criminal fine is to be reduced
by a sum equal to 50% of the stated criminal fine.
D. In the event that the notice is not complied with and the criminal
fine is not voluntarily paid to the Township, the Township shall initiate
a summary enforcement proceeding before a Magisterial District Judge,
as provided by the Pennsylvania Rules of Criminal Procedure, in which
case the Township Solicitor may assume charge of the prosecution without
the consent of the District Attorney as required under Pa.R.C.P § 83(C).
E. Each day or portion thereof that the violation shall be found to
exist, or each section of the ordinance(s) which is found to have
been violated shall give rise to a separate offense under said ordinance(s).
All fines and penalties collected for the violation of any ordinance,
as provided herein, shall be paid to the Township Treasurer.