Township of Robinson, PA General Provisions

Pursuant to Section 1601(d) of the Second Class Township Code [53 P.S. § 66601(d)], the codification of a complete body of legislation for the Township of Robinson, County of Washington, Commonwealth of Pennsylvania, as revised, codified and consolidated into parts, articles, and sections by General Code, and consisting of Chapters 1 through 420, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township, which shall be known and is hereby designated as the "Robinson Township Code," hereinafter referred to as the "Code."

§ 1-2 Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of the 1985 Code of Ordinances and the ordinances and resolutions in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of Robinson (the "Board"), and it is the intention of said Board that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. The Board shall enact a separate ordinance repealing and amending such provisions of former ordinances as are omitted from this Code shall, and only new or changed provisions, as described in the separate ordinance, shall be deemed to be enacted from the effective date of that ordinance.

§ 1-3 Legislation saved from repeal.

The adoption of this Code and the repeal of ordinances inconsistent therewith shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that 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from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:

Any ordinance adopted subsequent to hereto;

Any right or liability established, accrued or incurred under any legislative provision of the Township prior to the effective date of this article or any action or proceeding brought for the enforcement of such right or liability or any cause of action acquired or existing;

Any offense or act committed or done before the effective date of this article in violation of any legislative provision of the Township or any penalty, punishment or forfeiture which may result therefrom;

Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this article, brought pursuant to any legislative provision of the Township;

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Board or any lawful contract, obligation or agreement;

Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of indebtedness;

Any ordinance adopting an annual budget or establishing an annual tax rate;

Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges;

Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain;

Any ordinance annexing land;

Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters;

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;

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;

Any ordinance providing for the making of public improvements;

Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee;

Any ordinance concerning changes and amendments to the Zoning Map;

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees;

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township;

Any currently effective ordinance providing for intergovernmental cooperation or establishing an intermunicipal agreement.

§ 1-4 Inclusion of new legislation prior to adoption.

All ordinances of a general and permanent nature adopted subsequent to the effective date of this article 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.

§ 1-5 Interpretation of provisions.

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.

§ 1-6 Titles and headings; editor's notes.

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.

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.

§ 1-7 Filing of copy of Code.

At least one copy of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Secretary, as provided by law, and such certified copy or copies shall remain on file in the office of the Secretary, available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-8 Amendments to Code.

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 to be a 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 said Code as amendments and supplements thereto.

§ 1-9 Code books to be kept up-to-date.

It shall be the duty of the Secretary or someone authorized and directed by him or her to keep up-to-date the certified copy or copies of the book containing the Code required to be filed in the office of the Secretary for the use of the public. All changes in said Code and all legislation adopted by the subsequent to the effective date of this codification which the Board shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new legislation are printed as supplements to said Code books, at which time such supplements shall be inserted therein.

§ 1-10 Publication of notices.

The Secretary, pursuant to law, shall cause to be published in the manner required a notice of the introduction of the Code in a newspaper of general circulation in the Township. The enactment and application of this article, coupled with the publication of the notice of introduction, the availability of a copy or copies of the Code for inspection by the public and the filing of an attested copy of this article with the County of Washington, as required by law, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-11 Altering or tampering with Code; violations and penalties.

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 Township to be misrepresented thereby. Any person who violates or permits a violation of this section of this article shall, upon being found liable therefor in a civil enforcement proceeding, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

§ 1-12 Severability.

The provisions of this article are declared to be severable, and if any provision of this article shall for any reason be held to be invalid, such invalidity shall not affect this article as a whole or any other part or part thereof.

§ 1-13 Repealer.

Any and all ordinances and/or resolutions, or parts thereof, conflicted herewith are repealed insofar as the matters herein are affected.

§ 1-14 Effective date.

This article shall become effective five days after enactment.

Article II Effect of Code on Various Legislation

[Adopted 2-8-2021 by Ord. No. 02-2021]

§ 1-15 Legislation repealed.

The Board has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:

Ordinance No. 1-1984, Cable Television, adopted March 5, 1984;

Ordinance No. 1-1991, Nonuniformed Employees Pension, adopted March 11, 1991;

Ordinance No. 3-2004, Motor Vehicle Accident Police Fees, adopted September 13, 2004;

Former Chapter 6, Part 1, Disorderly Conduct, of the 1985 Code;

Former Chapter 6, Part 3, Obscene Material, of the 1985 Code.

§ 1-16 Legislation saved from repeal.

The adoption of this article and the repeal of all or part of ordinances and resolutions inconsistent therewith shall not affect the following ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal; provided, however, that 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:

Any ordinance adopted subsequent to hereto;

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Board or any lawful contract, obligation or agreement still in effect;

Any ordinance adopting an annual budget or establishing an annual tax rate;

Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges;

Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain;

Any ordinance annexing land;

Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters;

Any ordinance providing for the making of public improvements;

Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee;

Any ordinance concerning changes and amendments to the Zoning Map;

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees;

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township;

Any currently effective ordinance providing for intergovernmental cooperation or establishing an intermunicipal agreement.

§ 1-17 Changes and revisions in previously adopted legislation; new provisions.

Nonsubstantive changes. In compiling and preparing the ordinances and resolutions of the Township for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances and resolutions. It is the intention of the Township that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.

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 and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Township, and it is the intent of the Township that all such changes be adopted as part of the Code. All such changes and revisions shall be deemed to be in effect as of the effective date set forth herein.

Nomenclature changes and revisions.

(1)

"Department of Environmental Resources" or "DER" to "Department of Environmental Protection" or "DEP."

(2)

"Department of Community Affairs" or "DCA" to "Department of Community and Economic Development" or "DCED."

(3)

"Justice of the Peace," "District Magistrate" and "District Justice" to "Magisterial District Judge."

(4)

U.S. Department of Agriculture's "Soil Conservation Service" or "SCS" to "Natural Resources Conservation Service" or "NRCS."

(5)

Chapter 380 is amended to change instances of Appendix No. 2 to Chapter 369, Stormwater Management.

(6)

Chapter 388 is amended to update references to the Local Tax Enabling Act to 53 P.S. § 6924.101 et seq.

§ 1-18 Severability.

§ 1-19 Repealer.

Any and all ordinances and/or resolutions, or parts thereof, conflicted herewith are repealed insofar as the matters herein are affected.

§ 1-20 Effective date.

This article shall become effective five days after enactment.