[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-20-2019 by Ord. No. 2019-15]
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 Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 415, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Silver Spring, which shall be known and is hereby designated as the "Code of the Township of Silver Spring," 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 Silver Spring, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-15; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of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 Silver Spring 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
Silver Spring has determined that the following ordinances are no
longer in effect and hereby specifically repeals the following legislation:
(1)
Ordinance No. 79-4, Farm Advisory Board, adopted July 25, 1979.
(2)
Ordinance No. 79-8, Sewer connections and rates, adopted 11-28-1979.
(3)
Ordinance No. 82-5, Drug Paraphernalia, adopted September 22, 1982.
(4)
Ordinance No. 87-7, Massage establishment, adopted July 22, 1987.
(5)
Ordinance No. 93-3, Building construction amendment, adopted May
26, 1993.
(6)
Ordinance No. 95-4, BOCA 1993 National Building Code, adopted April
26, 1995.
(7)
Ordinance No. 95-5, 1992 CABO One- and Two-Family Dwelling code,
adopted April 26, 1995.
(8)
Ordinance No. 95-6, 1990 BOCA Fire Prevention code, adopted April
26, 1995.
(9)
Ordinance No. 95-9, 1990 BOCA Fire Prevention Code amendment, adopted
September 27, 1995.
(10)
Ordinance No. 96-1, Civil Penalties, adopted June 26, 1996.
(11)
Ordinance No. 2-2002, Vehicles and traffic amendment, adopted March
27, 2002.
(12)
Former Ch. I, Section 101, Building Inspector, of the 1973 Code.
(13)
Former Ch. III, Article 1, Junk dealers and maintenance of junk,
of the 1973 Code.
(14)
Former Ch. IV, Art. 1, Public Conduct, of the 1973 Code.
(15)
Former Ch. V, Article 1, Section 101, Junked vehicle parking or storage,
of the 1973 Code.
(16)
Former Ch. VI, Article 1, Building Code, of the 1973 Code.
(17)
Former Ch. X, Enforcement, of the 1973 Code.
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 April 24, 2019.
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[1] 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.
[1]
Editor's Note: In accordance with § 1-6B, the chapters, parts and sections which 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, deleted) 11-20-2019 by Ord. No. 2019-15." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Nomenclature
changes and revisions.
(1)
Pennsylvania "Department of Public Welfare" to the "Department of
Human Services."
(2)
"Justice of the Peace," "District Justice," "District Magistrate"
or "Magistrate" to "Magisterial District Judge."
(3)
U.S. Department of Agriculture's "Soil Conservation Service
(SCS)" to "Natural Resources Conservation Service (NRCS)."
(4)
"Department of Environmental Resources (DER)" to "Department of Environmental
Protection (DEP)" or "Department of Conservation and Natural Resources
(DCNR)."
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 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 8-29-1973 by Ord. No. 73-2[1]]
[1]
Editor's Note: Original Sections 101.01, 101.02, 101.03, 101.05
and 101.99 of Ord. No. 73-2, pertaining to the adoption and general
penalty of the Codified Ordinances of Silver Spring Township, 1973,
were deleted 11-20-2019 by Ord. No. 2019-15.
In the construction of the Code of the Township of Silver Spring,
the following rules shall control, excepting those inconsistent with
the manifest intent of the Board of Supervisors as disclosed in a
particular provision, section or article:
B.
Authority. Whenever in the Code authority is given to an officer
or an act is required to be performed, such authority may be exercised
and such act may be performed, at the instance of such officer, by
a deputy or subordinate, unless contrary to law or to the clear intent
of any such particular provision.
C.
Calendar; computation of time. The terms "month" and "year" shall
mean the calendar month or year. The time expressed in days within
which an act is to be done or a period is to expire shall be computed
by excluding the first and including the last day; except if the last
day be a Sunday, it shall be excluded. If time is expressed in hours,
the whole of Sunday shall be excluded.
D.
Township and municipality. The words "Township" and "municipality"
shall mean Silver Spring Township, Cumberland County, Pennsylvania.
E.
Conjunctions. "And" shall include "or" and "or" shall include "and"
if the sense so requires.
F.
Supervisors. The word "Supervisors" means the Board of Supervisors
of Silver Spring Township, Pennsylvania.
G.
County. The word "county" means the County of Cumberland, Pennsylvania.
H.
Gender. Words importing the masculine shall extend and be applied
to the feminine and neuter genders.
I.
General rule. Except as otherwise provided in this section, words
and phrases shall be construed according to the common usage of language;
provided, however, that technical words and phrases and such others
as may have acquired a special meaning in the law shall be construed
according to such technical or special meaning.
J.
Joint authority. Words giving authority to a board, commission, authority
or to three or more officers or employees or other persons shall be
construed as giving authority to a majority thereof unless otherwise
specifically provided.
K.
Keeper or proprietor. The words "keeper," "owner," "operator" or
"proprietor" shall mean and include persons, firms, associations,
corporations, clubs and copartnerships, whether acting by themselves
or as a servant, agent or employee.
L.
Land or real estate. The terms "land" or "real estate" shall include
rights and easements of incorporeal nature.
M.
Number. Words in the plural shall include the singular and in the
singular shall include the plural number.
N.
Oath. The word "oath" includes affirmation. When an oath is required
or authorized by law, an affirmation in lieu thereof may be taken
by a person having conscientious scruples to taking an oath. An affirmation
shall have the same force and effect as an oath.
O.
Owner. The word "owner" when applied to property shall include any
part owner, joint owner or tenant in common of the whole or any part
of such property.
P.
Person. The word "person" shall extend to and be applied to associations,
clubs, corporations, firms, partnerships, and bodies politic, as well
as to individuals.
Q.
Police department or bureau. The terms "Police Department" or "Police
Bureau" shall mean the Department of Police of Silver Spring Township.
R.
Premises. The word "premises" when used as applicable to property
shall extend to and include land and buildings.
S.
Property. The word "property" shall include real and personal and
any mixed and lesser estates or interests therein; the words "personal
property" shall include every kind of property except real property,
and the words "real property" shall include lands, tenements and hereditaments.
T.
Reasonable time. In all cases where provision is made for an act
to be done or notice to be given within a "reasonable time," it shall
be deemed to mean such time only as may be necessary for the prompt
performance of such act or giving of such notice.
U.
Sidewalk. The word "sidewalk" shall mean any portion of a street
between the curbline and the adjacent property line intended for the
use of pedestrians, excluding parkways.
V.
State or commonwealth. The word "state" or "commonwealth" shall mean
the Commonwealth of Pennsylvania.
W.
Street. The word "street" shall be construed to include alleys, highways,
avenues, boulevards, lanes, roads, streets, and other public ways
in the Township.
X.
Tenant or occupant. The words "tenant" or "occupant" as applied to
building or land shall extend and be applied to any person holding
a written or oral lease of, or who occupies, the whole or any part
of a building or land, alone or with others.
Y.
Tenses. The use of any verb in the present tense shall include the
future.
AA.
Written. The terms "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
