ADOPTING ORDINANCE

ORDINANCE NO. 99-2

AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES OF LOWER CHICHESTER TOWNSHIP, 1999, BEING A CONSOLIDATION, CODIFICATION AND REVISION OF THE GENERAL BODY OF TOWNSHIP ORDINANCES; TO REPEAL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; AND TO APPROVE, ADOPT AND ENACT NEW MATTER THEREIN.

   ENACTED AND ORDAINED by the Board of Commissioners of Lower Chichester Township, Delaware County, Pennsylvania, as follows:

   WHEREAS, the Board of Commissioners has had the matter of codification and general revision of the ordinances of the Township before it for some time; and

   WHEREAS, it has heretofore entered into a contract with The Justinian Publishing Company to prepare and publish such codification and general revision; and

   WHEREAS, the codification and general revision of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed, are now before the Board.

   NOW, THEREFORE, the Township Commissioners of Lower Chichester Township ORDAIN as follows:

   SECTION I. The ordinances of the Township of Lower Chichester, of a general and permanent nature, as revised, codified, arranged and consolidated into component codes, titles, chapters and sections, are hereby approved, adopted and enacted as the Codified Ordinances of Lower Chichester, Pennsylvania, 1999.

   One book-form copy of the Codified Ordinances shall be certified as correct by the Township Secretary, attached to this ordinance as a part hereof, and filed with the permanent records of the Township of Lower Chichester Township, Pennsylvania.

   SECTION II. All ordinances and resolutions and parts thereof enacted prior to May 16, 1999, which are inconsistent with any provision of the Codified Ordinances of Lower Chichester Township, are hereby repealed as of the effective date of this ordinance, except as follows:

   (a)   The enactment of the Codified Ordinances shall not be construed to affect a right or liability accrued or incurred under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and codification.

   (b)   The repeal provided above shall not affect:

      (1)   The grant or creation of a franchise, license, right, easement or privilege;

      (2)   The purchase, sale, lease or transfer of property;

      (3)   The appropriation or expenditure of money or promise or guarantee of payment;

      (4)   The assumption of any contract or obligation;

      (5)   The issuance and delivery of any bonds, obligations or other instruments of indebtedness;

      (6)   The levy or imposition of taxes, assessments or charges;

      (7)   The establishment, naming, vacating or grade level of any street or public way;

      (8)   The dedication of property or plat approval;

      (9)   The annexation or detachment of territory;

      (10)   Any legislation enacted subsequent to May 16, 1999.

   SECTION III. All sections and subsections in the Codified Ordinances without a legislative history or with the words "Adopting Ordinance" at the end thereof are or contain new matter ordained by this ordinance. The following sections of the Codified Ordinances are or contain new matter in the Codified Ordinances, the same having been found to be necessary additions to or modifications of existing legislation in order to render the Codified Ordinances internally consistent, consistent with local conditions and current practice, and consistent with State, Federal and case law, and to update technical codes adopted by the Township by reference, and the same are hereby approved, adopted and enacted.

202.01	Designation of Codified Ordinances; citation; headings.
202.02	Amendments and supplements; numbering.
202.03	Definitions and interpretation.
202.04	Separability of provisions.
202.05	Sections and ordinances repealed.
202.06	Exemptions from repeal.
202.99	General Code penalty; complicity.
244.01(b)	Compensation of Police Sergeant.
244.04	Fee for copies of accident reports.
410.02(v)	Definition of Vehicle Code.
450.02	Special permit required for operation of vehicles in excess of ten tons on Green Street; fee.
674.12	Violations pertaining to safety, sanitation and health.
824.01	Permit required for food establishments; fee; application.
1022.06	Excavations compliance required; expensive work.
1022.07	Inspections of excavations.
1042.03	Sewer assessments.
1262.99(a)	General Zoning Code penalty.
1274.02	Permitted uses in GC General Commercial Districts.
1274.03	Setbacks in GC General Commercial Districts.
1420.01 to 1420.03, 1420.99	BOCA National Building Code.
1422.01 to 1422.12, 1422.14, 1422.99	National Electrical Code.
1424 to 1424.04, 1424.99	International Plumbing Code.
1426.01 to 1426.04, 1426.99	International Mechanical Code.
1442.03	Electrical permit fees.
1462.08	Electrical work.
1480.01	Authority of Housing Inspector re vacant structures; fee.
1480.02	Notice to owner to make repairs of vacant structures; remedy of Township for noncompliance.
1490.01 to 1490.04, 1490.99	International Property Maintenance Code
1610.01 to 1610.08	BOCA National Fire Prevention Code.

 

   SECTION IV. Pursuant to Section 1502.I(b) of the First Class Township Code, the Township Secretary shall publish a notice stating that this ordinance, approving, adopting and enacting the Codified Ordinances, notice of the introduction of which has previously been given, was finally enacted.

   SECTION V.  This ordinance shall take effect upon adoption.

   ENACTED AND ORDAINED this  21st day of June, 1999.

   TOWNSHIP  OF LOWER CHICHESTER

   By:   Rocco Gaspari, Jr.   /s/

      ROCCO GASPARI, JR.

      President of Board of Commissioners

   Attest:   Jacqueline R. Wallace   /s/

      JACQUELINE R. WALLACE

      Township Secretary

   CONTENTS

   PRELIMINARY UNIT

      General Index

      Comparative Section Table

      Tables of Special Ordinances

   CODIFIED ORDINANCES OF THE TOWNSHIP OF LOWER CHICHESTER, PENNSYLVANIA

      PART TWO - Administration Code

      PART FOUR - Traffic Code

      PART SIX - General Offenses Code

      PART EIGHT - Business Regulation and Taxation Code

      PART TEN - Streets, Utilities and Public Services Code

      PART TWELVE - Planning and Zoning Code

      PART FOURTEEN - Building and Housing Code

      PART SIXTEEN - Fire Prevention Code

   EDITOR'S NOTE

      The numbering system used in these Codified Ordinances is consistent with the best accepted practice for codification.  Each section is self-identifying as to code, chapter and section number.  For example, 238.01 indicates that the code number is 2, the chapter number is 238 (or the 38th chapter within code 2), and the section number is .01.  The code and chapter numbers appear left of the decimal, with the code number preceding the first two digits left of the decimal, and the chapter number being the first two digits left of the decimal.  The section number appears to the right of the decimal.  As another example, 410.01 indicates that the code number is 4, the chapter number is 410 (or the 10th chapter within code 4), and the section number is .01.

      With this numbering system, the Codified Ordinances may be expanded almost endlessly.  Codes, titles and chapters are initially even-numbered, thus reserving the use of odd numbers for future legislation.  Sections within chapters are consecutively numbered, except that penalty provisions are usually assigned the number .99.  Newly created sections subsequent to the original codification may be indicated by three digits right of the decimal in the event the law properly belongs between two consecutively numbered sections.  For example, newly created 662.021, 662.022 and 662.023 follow 662.02 and precede 662.03 to be placed in their logical position.

      Section histories enable a user to trace the origin of the law contained in the section.  The history indicates the derivation by reference to either its passage date and the ordinance number originally assigned to it at that time, or to its inclusion in any prior code.  Sections and subsections without histories or with the words "Adopting Ordinance" at the end thereof are or contain new matter ordained by the adopting ordinance that enacts these Codified Ordinances.

      The Comparative Section Table is included to show the disposition of every ordinance and resolution included in these Codified Ordinances.  It indicates whether a given ordinance or resolution was consolidated with another into one section or split into two or more sections.  Cross references direct the user to subject matter reasonably related to material contained within a given chapter.