[Adopted 1-13-2005 by Ord. No. 327]
Pursuant. to Section. 10085(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of legislation for the Borough of Schwenksville, County of Montgomery, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters
1 through
176, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Schwenksville, which shall be known and is here by designated as the "Code of the Borough of Schwenksville," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Schwenksville, and it is the intention of said Borough Council 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1- 3 below, and only changed provisions, as described in §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.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Schwenksville and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in §
1-15 below, except as hereinafter provided.
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 more 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from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: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 June 13, 2002.
B. Any right or liability established, accrued or incurred
under any legislative provision of the Borough 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. Ordinance No. 11 (adopted August 7, 1905, regarding
poles and wires).
T. Ordinance No. 253 (adopted May 14, 1992, regarding
construction codes).
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 grammatical changes. In compiling and
preparing the ordinances of the Borough for adoption and revision
as part of the Code, certain nonsubstantive grammatical and style
changes were made in one or more of said ordinances. It is the intention
of the Borough Council that all such changes be adopted as part of
the Code as if the ordinances 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 included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the ordinances so changed have 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.
(1) Throughout the Code:
(a) References to "Burgess" are updated to read "Mayor."
(b) References to "Department of Community Affairs" are
updated to read "Department of Community and Economic Development."
(c) References to "Department of Environmental Resources"
(or "DER") are updated to "Department of Environmental Protection"
(or "DEP").
(d) References to "Justice of the Peace" are updated to
"District Justice."
(e) References to "Magistrate" are updated to "District
Justice."
D. Fees. Throughout the Code, fees have been amended
to replace all specific fees with wording indicating that the fee
shall be as set from time to time by resolution of the Borough Council.
E. Violations and penalties. Violation and penalty provisions
throughout the Code have been standardized and amended.
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.
Three copies 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 copies shall be certified to by the Borough Secretary,
as provided by law, and such certified 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 he 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 hook 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 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 ordinances and resolutions 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 ordinances or resolutions 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 notices of introduction and adoption,
as required by law, and the availability of copies of the Code for
inspection by the public, 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 Borough to be misrepresented thereby.
Anyone violating this section. of this ordinance shall, upon conviction
thereof, be punished by a fine not exceeding $600, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not
exceeding 30 days.
The provisions of this ordinance are severable
and if any section, sentence, clause, part or provision hereof shall
be held illegal, invalid, or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect or impair
the remaining sections, sentences, clauses, parts or provisions of
this ordinance. It is hereby declared to be the intent of the Borough
Council that this ordinance would have still been adopted even if
such illegal, invalid or unconstitutional section, sentence, clause,
part or provision had not been included herein.
This ordinance shall become effective within
the time period provided by law.