ORDINANCE NO. 2007-2
AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF THE BOROUGH OF LEWISBERRY, YORK COUNTY, PENNSYLVANIA; CONSOLIDATING, REVISING, AMENDING AND REPEALING CERTAIN ORDINANCES; ENACTING CERTAIN NEW PROVISIONS; PROVIDING A PROCEDURE FOR AMENDING THE CODE AND FOR THE CITATION OF THE CODE AND THE EFFECTIVE DATE THEREOF; ESTABLISH ING RESPONSIBILITY FOR MAINTENANCE OF THE CODE; SAVING CERTAIN PROVISIONS FROM REPEAL; AND PRESCRIBING PENALTIES FOR VIOLATION.
The Borough of Lewisberry hereby ordains:
Section 1. Adoption. The "Code of Ordinances, Borough of Lewisberry," as prepared and published for the said Borough of Lewisberry, is hereby adopted as a consolidation, codification and revision of the ordinances of the Borough of Lewisberry. Chapters 1 through 27 thereof contain the text of the body of all general administrative and regulatory ordinances of the Borough of Lewisberry organized as follows:
TABLE OF CONTENTS
Chapter 1 Administration and Government
Chapter 2 Animals
Chapter 3 [Reserved]
Chapter 4 [Reserved]
Chapter 5 Code Enforcement
Chapter 6 Conduct
Chapter 7 Fire Prevention and Fire Protection
Chapter 8 Floodplains
Chapter 9 [Reserved]
Chapter 10 Health and Safety
Chapter 11 Housing
Chapter 12 [Reserved]
Chapter 13 Licenses, Permits and General Business Regulations
Chapter 14 Mobile Homes and Mobile Home Parks
Chapter 15 Motor Vehicles and Traffic
Chapter 16 [Reserved]
Chapter 17 [Reserved]
Chapter 18 Sewers and Sewage Disposal
Chapter 19 [Reserved]
Chapter 20 Solid Waste
Chapter 21 Streets and Sidewalks
Chapter 22 Subdivision and Land Development
Chapter 23 [Reserved]
Chapter 24 [Reserved]
Chapter 25 [Reserved]
Chapter 26 [Reserved]
Chapter 27 Zoning
APPENDIX
A Annexation of Territory
B Debt and Bond Issues
C Franchises and Services
D Governmental and Intergovernmental Affairs
E Plan Approval
F Public Property
G Sewers
H Streets and Sidewalks
I Water
J Zoning; Prior Ordinances
Table to the Disposition of All Ordinances
Table to the Disposition of Significant Resolutions
The Appendix of the volume lists, by subject matter, in chronological order, the titles (or an abstract of title) of enactments of special nature or of historical interest, for the complete text of which the official records of the Borough of Lewisberry shall be authoritative.
Section 2. Citation and Effective Date. The codification referred to in Section 1 of this ordinance shall be known and cited officially as the "Borough of Lewisberry Code of Ordinances," and all future ordinances shall make reference thereto. This ordinance shall become effective immediately upon publication of notice of final enactment as required by law.
Section 3. Saving Clause. The provisions of the Borough of Lewisberry Code of Ordinances, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of said Code, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of the Borough of Lewisberry Code of Ordinances shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations.
Section 4. Consolidation and Revision. As a necessary part of codification, the following provisions are hereby consolidated and revised as indicated:
A. Consolidations.
Section | Subject | Ordinance No., Section
|
15, Entire Chapter | Motor Vehicles and Traffic | 1943-1, 1957-1, 1986-5, 1990-2, 1996-1, 1999-3, 2000-1, 2001-2 |
B. Revisions.
Section
|
Subject
|
Ordinance No., Section
|
[Reserved] |
Section 5. New Enactments, Amendments and Repeals. As a necessary part of codification, the following ordinances are hereby enacted, amended and repealed as summarized by short title:
A. New Enactments.
Section
|
Subject
|
§§ 1-101–1-111 | Preliminary Provisions |
§§ 1-501–1-506 | Fire Loss Insurance Proceeds Escrow |
15, Entire Chapter | Motor Vehicles and Traffic |
B. Amendments.
Section
|
Subject
|
Ordinance No., Section
|
Section
|
Subject
|
Ordinance No., Section
|
§ 1-301 | Title | 2002-1, § 1 |
§ 1-303 | Purpose and Findings | 2002-1, § 3 |
§ 1-304 | Authority for Tax Collector to Charge $10 per Tax Certification and/or Duplicate Tax Bill Issued | 2002-1, § 4 |
§ 2-104 | Penalties | 1985-3, § 4 |
§ 5-205 | Rates for Zoning/Use Permit Applications | 2004-2, § 5 |
§ 6-102 | Penalties | 1974-4, § 2 |
§ 6-203 | Violator to Be Taken Into Custody; Penalty | 1974-5, § 3 |
§ 6-205 | Proof of Age | 1974-5, § 5 |
§ 7-104 | Smoke Detector Requirement | 1998-3, § 4 |
§ 7-106 | Enforcement | 1998-3, § 6 |
§ 8-102 | Applicability | 4-82, § 1.01 |
§ 8-201 | Zoning/Use Permits Required | 4-82, § 2.00 |
§ 8-202 | Issuance of Zoning/Use Permit | 4-82, § 2.01 |
§ 8-203 | Application Procedures and Require ments | 4-82, § 2.02 |
§ 8-204 | Review by County Conservation District | 4-82, § 2.03 |
§ 8-205 | Review of Application by Others | 4-82, § 2.04 |
§ 8-206 | Changes | 4-82, § 2.05 |
§ 8-207 | Placards | 4-82, § 2.06 |
§ 8-208 | Start of Construction | 4-82, § 2.07 |
§ 8-209 | Inspection and Revocation | 4-82, § 2.08 |
§ 8-210 | Fees | 4-82, § 2.09 |
§ 8-211 | Enforcement | 4-82, § 2.10 |
§ 8-212 | Appeals | 4-82, § 2.011 |
§ 8-401 | Special Floodway and Stream Setback Requirements | 4-82, § 4.02 |
§ 8-402 | Design and Construction Standards | 4-82, § 4.03 |
§ 8-403 | Development Which May Endanger Human Life | 4-82, § 4.04 |
§ 10-106 | Penalty | 1989-2, § 6 |
§ 10-204 | Abatement of Nuisances | 1986-6, § 4 |
§ 10-205 | Penalty for Violation | 1986-6, § 5 |
§ 10-306 | Penalties | 1969-1, § VI |
§ 10-403 | Penalties | 2006-2, § 3 |
§ 11-105 | Penalties | 1987-2, § 5 |
§ 11-203 | Numbers of Buildings | 1982-1, § 3 |
§ 11-204 | Violation; Fine | 1982-1, § 4 |
§ 13-105 | Business License | 2000-4, § 5 |
§ 13-106 | Adoption of a Minimum Plumbing Code | 2000-4, § 7 |
§ 13-111 | Penalties | 2000-4, § 12 |
§ 13-204 | Violation; Notice and Penalty | 1985-2, § 4 |
§ 14-107 | Establishing or Operating Any Trailer Park | 1967-1, § 7 |
§14-108 | Application for a Permit | 1967-1, § 8 |
§ 14-109 | Investigation Required | 1967-1, § 9 |
§ 14-110 | Change of Ownership or Management | 1967-1, § 10 |
§ 14-111 | Permit Shall Not Be Transferable to a Different Location | 1967-1, § 11 |
§ 14-112 | Renewal of Permit | 1967-1, § 12 |
§ 14-127 | Duty of the Mayor | 1967-1, § 27 |
§ 14-128 | Penalties | 1967-1, § 28 |
§ 18-111 | Issuance of Certificate of Availability of Sewer | 1986-2, § 11 |
§ 18-113 | Penalty for Violation | 1986-2, §1 3 |
§ 20-104 | Collection Practices | 1972-1, § 4 |
§ 20-105 | Authorization of Refuse Collectors | 1972-1, § 5 |
§ 20-107 | Disposal of Refuse | 1972-1, § 7 |
§ 20-108 | Penalties | 1972-1, §8; 1986-4, § 1 |
§ 20-109 | Charges Imposed; Billing and Collection Thereof | 1972-1; 1974-1, § 10; 1986-4, § 1 |
§ 21-107 | Application Fee | 1990-3; 1992-2, § 8 |
§ 21-108 | Penalties | 1990-3; 1992-2, § 9 |
C. Repeals.
Ord./Res.
|
Subject
|
[Reserved] |
Section 6. Adoption of Standard Codes by Reference. As a necessary part of codification, the following ordinances are hereby enacted by reference as standard codes summarized by short title:
Section
|
Short Title
|
[Reserved] |
Section 7. Land Use Amendments. The Borough of Lewisberry Code of Ordinances is hereby amended as is more fully shown in the complete text of Chapter 27 thereof which is attached hereto and made part hereof by reference hereto as if fully set out at length herein, with deletions shown by strike-through and additions shown by underline, all of which is briefly summarized hereinafter.
A. New Provisions. The following provisions are new provisions which are being added to the Code, are underlined throughout the text, and are summarized as follows:
Section
|
Subject
|
[Reserved] |
B. Revised Provisions. The following provisions of the Code are revised, the text of which indicates deletions by strike-through and additions shown by underline, and are summarized as follows:
Section
|
Subject
|
Ordinance No., Section
|
Section
|
Subject
|
Ordinance No., Section
|
§ 22-103 | Required Improvements | 1979-1, § 3 |
§ 22-104 | Design and Construction Standards | 1979-1, § 4 |
§ 22-105 | Plans to be Filed; Fee and Deposit | 1979-1, § 5 |
§ 27-203 | Specific Words and Phrases | 6/6/1988, § 203; 2005-1, § 1 |
§ 27-305 | Historic Zone (H) | 6/6/1988, § 305 |
§ 27-306 | Floodplain Zones; Floodway (FW), Flood Fringe (FF), General Floodplain (FA) | 6/6/1988 § 306 |
§ 27-413 | Drainage | 6/6/1988, § 413 |
§ 27-503 | Variances | 6/6/1988, § 503 |
§ 27-504 | Special Exceptions | 6/6/1988, § 504 |
§ 27-607 | Convalescent Home, Nursing Home or Hospital | 6/6/1988, § 607 |
§ 27-620 | Laundry, Dry Cleaning Establishment | 6/6/1988, § 620 |
§ 27-621 | Light Industry | 6/6/1988, § 621 |
§ 27-622 | Medical Clinic | 6/6/1988, § 622 |
§ 27-624 | Mobile Home Park | 6/6/1988, § 624 |
§ 27-630 | Personal Care Boarding Home | 6/6/1988, § 630 |
§ 27-637 | Vehicle Washing Facility | 6/6/1988, § 637 |
§ 27-701 | Permits | 6/6/1988, § 701 |
§ 27-702 | Erroneous Permit | 6/6/1988, § 702 |
§ 27-703 | Enforcement; Zoning Officer | 6/6/1988, § 703 |
§ 27-707 | Appeals | 6/6/1988, § 707 |
§ 27-710 | Enforcement Notice | 6/6/1988 |
§ 27-711 | Enforcement Remedies | 6/6/1988 |
C. Repealed Provisions. The following provisions of the Code are repealed, the text of which indicates deletions by strike-through, and are as follows:
Section
|
Subject
|
Ordinance No., Section
|
[Reserved] |
Section 8. Procedural Changes. The following minor procedural changes have been made to existing Borough of Lewisberry ordinances:
A. Grammatical and spelling errors have been corrected where necessary;
B. Minor changes have been made to correct obsolete terms and usages;
C. The penalty provisions have been revised where necessary to comply with the Pennsylvania Borough Code, Vehicle Code, Municipalities Planning Code and the Local Tax Enabling Act.
Section 9. Amending the Code of Ordinances. The procedure for amending the Code of Ordinances shall include the citation of the Chapter, Part, Section and subsection to be amended, revised, repealed or added as follows:
A. Amendment or Revision - "Chapter ___, Article ___, Section ___, Subsection ___ is hereby amended [revised] to read as follows..."
B. Additions - "Chapter ___, Article___, Section ___, Subsection ___ is hereby amended by the addition of the following..."
C. Repeal - "Chapter ___, Article ___, Section ___, Subsection ___ is hereby repealed in its entirety."
Section 10. Responsibility for Code of Ordinances. It shall be the responsibility of the Borough of Lewisberry Secretary to maintain an up-to-date certified copy of the Code of Ordinances. This copy shall be the official copy of the Borough of Lewisberry Code of Ordinances and shall be available for public inspection.
Section 11. Penalties. It shall be unlawful for anyone to change, alter or tamper with the Code of Ordinances in any manner which will intentionally misrepresent the laws of the Borough of Lewisberry. Whosoever shall violate this Section shall be guilty of an offense under § 4911, “Tampering with Public Records or Information,” of the Crimes Code, 18 Pa.C.S.A. § 4911, and shall be prosecuted under that Section of the law.
Section 12. Severability of Parts of Codification. It is hereby declared to be the intention of the Borough of Lewisberry that the Chapters, Parts, Sections, paragraphs, sentences, clauses and phrases of this codification are severable. If any Section, paragraph, sentence, clause or phrase of this Code is declared unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not affect any of the remaining Chapters, Parts, Sections, paragraphs, sentences, clauses or phrases of this codification.
ENACTED AND ORDAINED this 17 day of December, 2007.
ATTEST: Borough of Lewisberry
/s/ Cathy M. Hughes /s/ Robert E. Griffith
Secretary President, Borough Council
APPROVED this 17 day of December, 2007.
/s/ Matthew A. Kine
Mayor