ADOPTING ORDINANCE

ORDINANCE NO. 02-08

AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF THE TOWNSHIP OF WEST WHEATFIELD, INDIANA COUNTY, PENNSYLVANIA; CONSOLIDAT ING, 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; ESTABLISHING RESPONSIBILITY FOR MAINTE NANCE OF THE CODE; SAVING CERTAIN PROVISIONS FROM REPEAL; AND PRESCRIBING PENALTIES FOR VIOLATION.

The Township of West Wheatfield hereby ordains:

Section 1. Adoption. The "Code of Ordinances, Township of West Wheatfield," as prepared and published for the said Township of West Wheatfield, is hereby adopted as a consolidation, codification and revision of the ordinances of the Township of West Wheatfield. Chapters 1 through 26 thereof contain the text of the body of all general administrative and regulatory ordinances of the Township of West Wheatfield organized as follows:

   TABLE OF CONTENTS

Chapter 1         Administration and Government

Chapter 2         [Reserved]

Chapter 3         [Reserved]

Chapter 4         Buildings

Chapter 5         Code Enforcement

Chapter 6         Conduct

Chapter 7         [Reserved]

Chapter 8         [Reserved]

Chapter 9         [Reserved]

Chapter 10         Health and Safety

Chapter 11         [Reserved]

Chapter 12         [Reserved]

Chapter 13         [Reserved]

Chapter 14         [Reserved]

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         [Reserved]

Chapter 23         [Reserved]

Chapter 24         Taxation; Special

Chapter 25         [Reserved]

Chapter 26         Water

   APPENDIX:

A.         Adjustments to Boundaries

B         Bond Issues and Loans

C         Franchises and Services

D         Governmental and Intergovernmental Affairs

E         Plan Approval

F         Public Property

G         Sewers

H         Streets and Sidewalks

I         Water

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 Township of West Wheatfield 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 "Township of West Wheatfield 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 Township of West Wheatfield 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 Township of West Wheatfield 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	1, O-85-1, O-86-1, 6/8/1987, 01-04

 

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
15, Entire Chapter	Motor Vehicles and Traffic

 

B.   Amendments.

Section	Subject	Ordinance No., Section
§ 1-202	Fees	Res. 2/10/2003
§ 1-204	Appeals Process	Res. 2/10/2003
§ 1-301	Tax Collector Fees	04-04
§ 4-112	Issuance of Building Permits	O-01-3-90, § 2.01
§ 4-113	Application Procedures and Requirements	O-01-3-90, § 2.02; 01-08, § 1
§ 4-120	Fees	O-01-3-90, § 2.09
§ 4-121	Enforcement	O-01-3-90, § 2.10
§ 4-141	General	O-01-3-90, § 4.00
§ 4-142	Special Requirements for FW, FE, and FA Areas	O-01-3-90, § 4.01
§ 4-145	Design Which May Endanger Human Life	O-01-3-90, § 4.04
§ 4-151	Activities Requiring Special Permits	O-01-3-90, § 5.00
§ 4-202	Posting of Addresses	O-02-95
§ 4-309	Penalties	2-2005, § 9
§ 6-102	Penalties	O-68-3
§ 6-205	Penalties	O-84-4, § 5
§ 10-104	Penalties	O-68-2, § 4
§ 18-105	Enforcement	O-84-3, § 5
§ 18-201	Use and Maintenance	Res. 01-02-91
§ 18-302	Definitions	O-84-7, § 2
§ 18-303	Procedure	O-84-7, § 3
§ 18-304	Standards	O-84-7, § 4
§ 18-402	Agreement Provisions	O-75-1, § 2
§ 18-403	Violations and Penalties	O-75-1, § 4
§ 20-102	Definitions	O-02-05-92, § 2
§ 20-108	Penalties	O-02-05-92, § 8
§ 21-101	Regulations	O-74-1, § 1
§ 21-204	Penalties	O-74-2, § 4
§ 24-101	Definitions	Res. R-2-66, § 1
§ 24-102	General Provisions	Res. R-2-66, § 2
§ 24-105	Filing of Estimated Return	Res. R-2-66, § 5
§ 24-108	Confidentiality and Exceptions	Res. R-2-66, § 8
§ 24-111	Violations and Penalties	Res. R-2-66, § 11
§ 24-302	Exemption	O-77-1, § 2
§ 24-412	Fines and Penalties for Violation of this Part	01-07, § 1
§ 24-503	Levy	O-81-1, § 3
§ 26-107	Penalties	03-04, § 7

 

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 Township of West Wheatfield 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
[Reserved]

   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 Township of West Wheatfield 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 Township 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 ___, Part ___, Section ___, Subsection ___ is hereby amended [revised] to read as follows..."

B.   Additions -  "Chapter ___, Part ___, Section ___, Subsection ___ is hereby amended by the addition of the following..."

C.   Repeal -  "Chapter ___, Part ___, Section ___, Subsection ___ is hereby repealed in its entirety."

Section 10. Responsibility for Code of Ordinances. It shall be the responsibility of the Township of West Wheatfield Secretary to maintain an up-to-date certified copy of the Code of Ordinances. This copy shall be the official copy of the Township of West Wheatfield 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 Township. 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 Township of West Wheatfield 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 8 day of September, 2008.

ATTEST:                        Township of West Wheatfield

/s/ Jean Yarnal                                     /s/ Donald R. Shelter                                 

Secretary                        Chairman

______________________________________

Vice Chairman

/s/ Joe Shelter_________________________

                              Supervisor