[HISTORY: Adopted by the Board of Commissioners of the Township of
Lower Merion: Art. I, 7-21-1993 by Ord. No. 3328,
which ordinance superseded former Ch. 1, Art. I, Adoption of Code, adopted 9-21-1977
as Ord. No. 1802. Amendments noted where applicable.]
[Adopted 7-21-1993 by Ord. No. 3328]
The codification of that complete body of ordinances for the Township of Lower Merion, County of Montgomery, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections, Chapters 1 through 160 thereof, together with an Appendix designated A-161 through A-178, is hereby approved, re-enacted and republished as a single ordinance of the Township of Lower Merion and shall continue to be known and designated as the "Code of the Township of Lower Merion," hereinafter referred to as the "Code." The Code may be cited for all purposes as the "Lower Merion Code."
The provisions of this Code, insofar as they are substantively the same
as those of the Code in force immediately prior to the enactment of this ordinance,
are intended as a continuation of such provisions and not as new enactments,
and the effectiveness of such provisions shall date from the adoption of the
prior Code or the ordinances therein codified, whichever shall have first
occurred. All such provisions are hereby continued in full force and effect
and are hereby reaffirmed as to their adoption by the Board of Commissioners
of the Township of Lower Merion, it being the intention of said Board of Commissioners
that each such provision contained within the Code is hereby re-enacted and
reaffirmed as it appears in said Code.
The adoption of this Code shall not affect the following ordinances,
code provisions, rights and obligations which are hereby expressly saved from
repeal; provided, however, that saving or 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repealed, superseded or no longer of any effect: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 March 17, 1992, being
ordinances numbered 3317 to 3327.
B.
Any right or liability established, accrued or incurred
under any legislative provision 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, 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 legislative provision.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred, or any lawful contract, obligation or agreement.
F.
Any ordinance or resolution appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond of the township of 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 providing for or requiring the construction
or reconstruction of curbs or sidewalks.
K.
Any ordinance locating and placing any street or highway
on the township plan of streets; or laying out, opening, accepting, dedicating,
relocating, reopening, widening or straightening any street or highway; or
vacating, abandoning or removing any street or highway from the township plan
of streets; or fixing the lines and grades of any street; or fixing or changing
the name of any street.
L.
Any ordinance establishing a water, sewer or other special
purpose district and designating the boundaries thereof; or 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.
M.
Any rule or regulation lawfully adopted or promulgated
pursuant to the authorization contained in any statute or any ordinance or
code provision of the township.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-3 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 legislation shall be temporarily placed in the Code until printed supplements are included. In the event of any conflict or inconsistency between the provisions of this Code and the provisions of an ordinance adopted subsequent to the date specified in § 1-3, but prior to the date of adoption of this ordinance, the provisions of such prior ordinance shall be deemed to be controlling.
Chapter and article titles, headings and titles of sections and other
divisions in the Code and editor's notes indicating sources of sections
and giving other information or referring to the statutes or to other parts
of the Code, or in supplements made to the Code, are inserted and may be inserted
for the convenience of persons using the Code and are not part of the ordinances.
Three copies of the Code in post-bound volumes 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 copies shall be
certified to by the Township Secretary, and such certified 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 or supplements to the Code, when passed
and adopted in such form as to indicate the intention of the Board of Commissioners
to be 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 the said Code as amendments and
supplements thereto.
The provisions of this ordinance and of the Code readopted and reenacted
hereby are severable, and if any clause, sentence, subsection, section, article,
chapter or part thereof shall be judged 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 directly involved in the controversy in which
such judgment shall have been rendered. It is hereby declared to be the intent
of the Board of Commissioners that this ordinance and the Code would have
been readopted and reenacted if such illegal, invalid or unconstitutional
clause, sentence, subsection, section, article, chapter or part thereof had
not been included therein.
The provisions of this ordinance and of the Code shall be in force and
effect as provided by law.
