[HISTORY: Adopted by the Board of Supervisors of the Township
of Robinson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-8-2021 by Ord. No. 01-2021]
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 Robinson, County of Washington, Commonwealth of Pennsylvania, as revised, codified and consolidated into parts, articles, and sections by General Code, and consisting of Chapters
1 through
420, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township, which shall be known and is hereby designated as the "Robinson Township Code," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively
the same as those of the 1985 Code of Ordinances and the ordinances
and resolutions in force immediately prior to the enactment of this
article, 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 Robinson (the "Board"), and it is the intention
of said Board that each such provision contained within the Code is
hereby reenacted and reaffirmed as it appears in said Code. The Board
shall enact a separate ordinance repealing and amending such provisions
of former ordinances as are omitted from this Code shall, and only
new or changed provisions, as described in the separate ordinance,
shall be deemed to be enacted from the effective date of that ordinance.
The adoption of this Code and the repeal of ordinances inconsistent
therewith shall not affect the following ordinances, rights and obligations,
which are hereby expressly saved from repeal; provided, however, that
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not be construed so as to revive any ordinance previously repealed,
superseded or no longer of any effect: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 hereto;
B. Any
right or liability established, accrued or incurred under any legislative
provision of the Township prior to the effective date of this article
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
article 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 article,
brought pursuant to any legislative provision of the Township;
E. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Board 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 or other instruments or evidence of 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;
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 effective date of this article 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, 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 Secretary and shall
remain there for use and examination by the public. Upon adoption,
such copy or copies shall be certified to by the Secretary, as provided
by law, and such certified copy or copies shall remain on file in
the office of the 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 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 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 Secretary for the use of the public. All changes in
said Code and all legislation adopted by the subsequent to the effective
date of this codification which the Board 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 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 article, 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 article with the County of Washington, 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 article 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 article are declared to be severable,
and if any provision of this article shall for any reason be held
to be invalid, such invalidity shall not affect this article as a
whole or any other part or part thereof.
Any and all ordinances and/or resolutions, or parts thereof,
conflicted herewith are repealed insofar as the matters herein are
affected.
This article shall become effective five days after enactment.
[Adopted 2-8-2021 by Ord. No. 02-2021]
The Board has determined that the following ordinances are no
longer in effect and hereby specifically repeals the following legislation:
A. Ordinance No. 1-1984, Cable Television, adopted March 5, 1984;
B. Ordinance No. 1-1991, Nonuniformed Employees Pension, adopted March
11, 1991;
C. Ordinance No. 3-2004, Motor Vehicle Accident Police Fees, adopted
September 13, 2004;
D. Former Chapter 6, Part 1, Disorderly Conduct, of the 1985 Code;
E. Former Chapter 6, Part 3, Obscene Material, of the 1985 Code.
The adoption of this article and the repeal of all or part of
ordinances and resolutions inconsistent therewith shall not affect
the following ordinances, resolutions, rights and obligations, which
are hereby expressly saved from repeal; provided, however, that 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 hereto;
B. Any right or liability established, accrued or incurred under any
legislative provision of the Township prior to the effective date
of this article 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 article 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 article,
brought pursuant to any legislative provision of the Township;
E. Any franchise, license, right, easement or privilege heretofore granted
or conferred by the Board or any lawful contract, obligation or agreement
still in effect;
F. Any ordinance appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond or other instruments or evidence of 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;
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.
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 Township 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 Township, and it is the intent of
the Township that all such changes be adopted as part of the Code.
All such changes and revisions shall be deemed to be in effect as
of the effective date set forth herein.
C. Nomenclature changes and revisions.
(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) U.S. Department of Agriculture's "Soil Conservation Service"
or "SCS" to "Natural Resources Conservation Service" or "NRCS."
(5) Chapter
380 is amended to change instances of Appendix No. 2 to Chapter
369, Stormwater Management.
(6) Chapter
388 is amended to update references to the Local Tax Enabling Act to 53 P.S. § 6924.101 et seq.
The provisions of this article are declared to be severable,
and if any provision of this article shall for any reason be held
to be invalid, such invalidity shall not affect this article as a
whole or any other part or part thereof.
Any and all ordinances and/or resolutions, or parts thereof,
conflicted herewith are repealed insofar as the matters herein are
affected.
This article shall become effective five days after enactment.