Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 678, passed 6-23-1975]
Council may exercise all powers and perform all functions not denied by higher authority. In those areas covered by Federal, State or County law, the Town may not enact legislation contrary to, in limitation of or enlargement of the higher authority's legislation. Future State law will supersede the Town ordinances in the case of conflict. Council may not legislate on the following subjects.
(a) 
Filing and collection of municipal tax claims or liens and the sale of real or personal property in satisfaction thereof;
(b) 
Procedure in the exercise of the powers of eminent domain and the assessment of damages and benefits for property taken, injured or destroyed;
(c) 
Boundary changes of municipalities;
(d) 
Regulation of public schools;
(e) 
Registration of electors and conduct of elections;
(f) 
Fixing of subjects of taxation;
(g) 
Fixing of rates of non-property or personal taxes levied upon non-residents;
(h) 
Assessment of real or personal property and persons for taxation purposes;
(i) 
Defining or providing for the punishment of any felony or misdemeanor;
(j) 
Municipal planning under the provisions of Act 247, Pennsylvania Municipalities Planning Code.
[Ord. 678, passed 6-23-1975]
Official action by Council may be taken by ordinance, resolution or simple motion. A simple motion is made orally and is adequate to record a decision on a question of only current import. A resolution is presented in writing, is usually drafted by the Town Attorney and, if adopted, is permanently recorded in the Resolution Book. An ordinance must be drafted by the Town Attorney and presented in written form. It usually requires prior notice, may require a public hearing and must be advertised and entered into the Ordinance Book after enactment.
[Ord. 678, passed 6-23-1975]
Class A Ordinances concern the following:
(a) 
Administrative Code;
(b) 
Compensation of Council members;
(c) 
Zoning matters of any kind; and
(d) 
The establishment or changing of regulations pertaining to subdivision requirements, site plan approvals, excavation permits and/or building restrictions.
[Ord. 681, approved by voters 11-4-1975]
Class B Ordinances concern the following subjects:
(a) 
Levying of taxes or assessments;
(b) 
Adoption or amendment of the budget;
(c) 
Change in any department, commission, authority, office or agency of the Town;
(d) 
Franchises;
(e) 
Charges for any services to be furnished to the Town;
(f) 
Conveyance leasing, exclusive licensing or disposition of any land or other property of the Town; and
(g) 
Contract authorizations in excess of 1/4% of the previous year's budget.
[Ord. 678, passed 6-23-1975]
Class C Ordinances concern the following subjects:
(a) 
Personnel Code;
(b) 
Borrowing of money;
(c) 
Establishment of a fine or penalty;
(d) 
Commitment to share or coordinate municipal functions or services with other government entities;
(e) 
Procedures for awarding contracts;
(f) 
Police and Fire Protection;
(g) 
Amendment or repeal of any existing ordinance not concerned with Class A or Class B subjects; and
(h) 
Any other matter requiring action by ordinance.
[Ord. 1127, passed 8-22-1994]
The date for enactment of the proposed ordinance must be established by motion at a previous meeting.
A public hearing is required six to 60 days prior to the enactment of the ordinance.
Notice of public hearing on any zoning matter shall be published once each week for two consecutive weeks in a newspaper of general circulation in the Town. The first publication shall be not more than 30 days and the second publication shall be not less than seven days from the date of the hearing.
Hearings on other matters shall be advertised in a newspaper of general circulation in the Town not more than 90 days nor less than two days prior to the hearing. In each instance, the notice of the hearing shall also be posted on the Town bulletin board.
Rezoning hearings also require mailed notice to property owners (abutting and across the street as well as that to be rezoned) and posting of the property to be rezoned.
The property perimeter should be posted to that portion of the perimeter abutting public streets.
Four affirmative votes are required for enactment.
[Ord. 678, passed 6-23-1975]
A public hearing is required six to 60 days prior to the proposed enactment.
Notice of the public hearing must be given five days in advance by advertising and by posting of the bulletin board.
A majority vote of those present is required for enactment.
[Ord. 678, passed 6-23-1975]
Notice of the proposed ordinance must be advertised and posted on the bulletin board.
A majority vote of those present is required for enactment.
[Ord. 678, passed 6-23-1975]
Each adopted resolution shall be numbered in sequence restarting with number one each calendar year, shall carry the date of adoption, shall be signed by the President of Council whose signature shall be witnessed by the Secretary and shall be inserted in the Resolution Book.
[Ord. 678, passed 6-23-1975]
Each enacted ordinance shall be numbered in a continuous sequence, shall carry the date of enactment, shall be signed by the President of Council whose signature shall be witnessed by the Secretary and shall be inserted in the Ordinance Book. A copy shall be posted promptly on the bulletin board for a period of at least 30 days and a copy or a reasonably complete and descriptive summary shall be advertised promptly.
[Ord. 678, passed 6-23-1975]
The effective date of an ordinance is 10 days after advertisement or 10 days after enactment if advertisement fails to appear for reasons beyond Council's control.
[Ord. 678, passed 6-23-1975]
Codification of all ordinances with continuing legal effect shall be prepared and updated periodically. All ordinances should be reviewed whenever the codification is updated and revision or repeal of certain ordinances accomplished where needed.