Township of Springettsbury, PA General Provisions

[HISTORY: Adopted by the Board of Supervisors of the Township of Springettsbury as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of 2003 Code of Ordinances

[Adopted 12-11-2003 by Ord. No. 2003-18]

§ 1-1 Adoption.

The "Code of Ordinances, Township of Springettsbury," as prepared and published for the said Township, is hereby adopted as a consolidation, codification and revision of the ordinances of the Township. Chapters 1 through 27 thereof contain the text of the body of all general administrative and regulatory ordinances of the Township organized as follows:

Table of Contents
Chapter 1	Administration and Government
Chapter 2	Animals [Reserved]
Chapter 3	Bicycles [Reserved]
Chapter 4	Buildings
Chapter 5	Code Enforcement
Chapter 6	Conduct
Chapter 7	Fire Prevention and Fire Protection
Chapter 8	Floodplains
Chapter 9	Grading and Excavating [Reserved]
Chapter 10	Health and Safety
Chapter 11	Housing
Chapter 12	Libraries [Reserved]
Chapter 13	Licenses, Permits and General Business Regulations
Chapter 14	Mobile Homes and Mobile Home Parks [Reserved]
Chapter 15	Motor Vehicles and Traffic
Chapter 16	Parks and Recreation
Chapter 17	Planned Residential Development [Reserved]
Chapter 18	Sewers and Sewage Disposal
Chapter 19	Signs [Reserved]
Chapter 20	Solid Waste
Chapter 21	Streets and Sidewalks
Chapter 22	Subdivision and Land Development
Chapter 23	Swimming Pools
Chapter 24	Taxation; Special
Chapter 25	Trees [Reserved]
Chapter 26	Water
Chapter 27	Zoning

APPENDIX:
A.	Annexation of Territory
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
J.	Zoning; Prior Ordinances

Key to the Disposition of All Ordinances
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 shall be authoritative.

§ 1-2 Citation and effective date.

The codification referred to in Section 1 of this ordinance shall be known and cited officially as the "Township of Springettsbury 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.

§ 1-3 Saving clause.

The provisions of the Township of Springettsbury 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 Code of Ordinances shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations.

§ 1-4 Consolidation and revision.

As a necessary part of codification, the following provisions are hereby consolidated and revised as indicated:

Consolidations.

Chapter, Part, Section	Subject	Ordinance No.
15, Entire Chapter	Motor Vehicles and Traffic	1958-3, 1958-7, 1959-1, 1959-4, 1959-5, 1959-6, 1959-7, 1959-9, 1961-1, 1961-6, 1961-7, 1962-7, 1966-4, 1966-7, 1966-8, 1966-9, 1967-1, 1967-2, 1968-1, 1968-4, 1968-5, 1968-6, 1968-12, 1969-1, 1969-2, 1969-3, 1969-4, 1969-5, 1969-7, 1969-8, 1969-9, 1969-10, 1969-11, 1970-4, 1970-8, 1970-9, 1971-3, 1971-4A, 1971-6, 1972-4, 1972-7, 1973-1, 1973-2, 1973-3, 1973-4, 1973-5, 1973-7, 1973-11, 1973-12, 1974-2, 1974-3, 1974-7, 1974-8, 1974-12, 1974-13, 1974-16, 1975-2, 1975-6, 1975-11, 1975-12, 1976-2, 1976-4, 1976-7, 1976-8, 1977-3, 1977-4, 1977-5, 1978-5, 1980-6, 1980-8, 1981-7A, 1982-1, 1983-8B, 1984-6A, 1984-10, 1885-1, 1985-4, 1985-9, 1985-10, 19885-11, 1986-2, 1986-4A, 1986-5, 1986-12, 1986-13, 1987-3, 1987-4, 1987-5, 1988-6, 1989-8, 1989-10, 1990-1, 1990-11, 1991-1, 1991-12, 1993-2, 1993-6, 1993-8, 1993-10, 1993-11, 1994-1, 1994-2, 1994-4, 1994-7, 1995-13, 1995-15, 1995-16, 1996-18, 1996-20, 1997-2, 1997-3, 1997-14, 1997-18, 1997-19, 1997-24, 1998-6, 1999-5, 1999-10, 2000-3,2000-6, 2003-07, 2003-08, 2003-09, 2003-10,2003-13, R.1968-49, R.1969-9, R.1970-11, R.1971-23, R.1972-31, R.1974-14, R.1974-19.

Revisions.

Chapter, Part, Section	Subject	Ordinance No.
1, 1, §§ 1-101 - 1-108	Township Manager	1963-6
6, 1, §§ 6-101 - 6-105	Curfew	1983-1
3, 2, §§ 13-201 - 13-209	Alarm Systems	1992-13

§ 1-5 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:

New enactments.

	Chapter, Part, Section	Subject
	1, 2, §§ 1-201 - 1-203	Police Department
	1, 3, §§ 1-301 - 1-302	Compensation of Elected Officials
	1, 4, §§ 1-401 - 1-408	Historic Preservation Committee
	1, 5, §§ 1-501 - 1-508	Planning Commission
	1, 6, §§ 1-601 - 1-608	Recycling Committee
	2, 1, § 2-101 - 2-208	Prohibiting Dogs Running At Large

Amendments.

Chapter, Part, Section	Subject	Ordinance No.
1, 11, § 1-1101	Liens	2002-11
1, 12, § 1-1205	Fees	R.2002-67
13, 1, § 13-101	Definitions	1970-5, § I
13, 1, § 13-104	License Fee	1970-5, § IV
13, 1, § 13-107	Hours	1970-5, § VII
13, 1, § 13-110	Record of Licenses	1970-5, § X
13, 3, § 13-302	License Required	1970-3, § 2
13, 3, § 13-305	Transfer of License	1970-3, § 5
18, 1, § 18-108	Service Charges	§§ 1970-6, Art. VI, § 1; 1975-9, § 1; 1984-6B, § 1; 1995-18, § 1; 1997-25, § 1
18, 1, § 18-119	Connection Charges	1976-5, § 3; 1988-1, § 1
18, 1, § 18-158	Permit Revocation	1995-10, § 1
18, 1, § 18-178	Tapping Fees Imposed	1992-11, § 1
18, 1, § 18-183	Payment of Tapping Fee to Assure Connection	1992-11, § 1
18, 1, § 18-184	Reserve Capacity Charges a Credit	1992-11, § 1
	Against Tapping Fee
18, 4, § 18-404	Sewage Enforcement Officer	1975-5, § 4; 1995-9, § 1
18, 4, § 18-106	Applications, Fees	1975-5, § 6; 1995-9, § 1
18, 4, § 18-409	Penalties for Violation	1975-5, § 9
20, 1, § 20-109	Duties of Collector	1990-3
20, 1, § 20-111	Collection, Transportation and Disposal of Regulated Municipal Waste	1990-3
20, 1, § 20-113	Collection, Transportation and Disposal of Other Municipal Waste	1990-3
24, 2, § 24-201	Earned Income and Net Profits Tax	1966-13, § II; 2003-02

Repeals.

	Ordinance	Subject
	1964-3	Per Capita Tax
	1997-10	CABO One- and Two-Family Dwelling Code

§ 1-6 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:

	Chapter, Part, Section	Short Title
	None

§ 1-7 Land use amendments.

The Township Ordinances is hereby amended as is more fully shown in the complete text of Chapters 22 and 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.

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:

	Chapter, Part, Section	Subject
	27, 20, § 27-2019	No-Impact Home-Based Business

Revised provisions. The following provisions of the Code are revised, the text of which indicates deletions by strike-through and additions by underline, and are summarized as follows:

Chapter, Part, Section	Subject	Ordinance No.
22, 3, § 22-305	Preliminary Plans; Specifications	1990-5, § 305
22, 3, § 22-306	Final Plans, Procedure	1990-5, § 306
22, 3, § 22-309	Feasibility Report on Sewer and Water Facilities	1990-5, § 309
22, 4. § 22-404	Sewage Disposal	1990-5, § 404
22, 4, § 22-405	Water Supply	1990-5, § 405
22, 5, § 22-506	Sewage Disposal Requirements	1990-6, § 506
22, 5, § 22-507	Water Supply	1990-5, § 507
22,5, § 22-508	Storm Drainage	1990-5, § 508
22, 6, § 22-601	Permits Required	1990-5, § 601
22, 6, § 22-604	Renewal Permits	1990-5, § 604
22, 6, § 22-605	Compliance of Existing Mobile Home Parks	1990-5, § 605
22, 6, § 22-614	Water Supply	1990-5, § 614
22, 6, § 22-615	Sewage Disposal	1990-5, § 615
22, 7, § 22-705	Final Plan Requirements	1990-5, § 705
27, 2, § 27-201	Definitions	1990-4, § 201
27, 4, § 27-401	Designation of Districts	1990-4, § 401; 1999-9, § II
27, 5, § 27-502	Permitted Uses	1990-4, § 502; 1996-8, § 1; 1996-9, § 1
27, 6, § 27-602	Permitted Uses	1990-4, § 602; 1992-15, § 1; 1996-9, § 1; 1997-7, § 1
27, 7, § 27-702	Permitted Uses	1990-4, § 702; 1992-15, § 1C
27, 8, § 27-802	Permitted Uses	1990-4, § 802; 992-15, § 1C; 1996-9, § 1
27, 15, § 27-1504	Technical Provisions	1990-4, § 1504; § 1996-15, § 4
27, 15, § 27-1505	Activities Requiring a Special Permit	1990-4, § 1505; 1996-15, § 15
27, 15, § 27-1508	Definitions	1990-4, §§ 1501-1506; 1996-15, § 1508
27, 20, § 27-2001	Performance Standards for All Uses	1990-4, § 1901
27, 20, § 27-2004	Area and Bulk Regulations	1990-4, § 1904
27, 20, § 2019	No-Impact Home-Based Business	1990-4, § 1919; 2000-08, § 1
27, 21, § 27-2115	Solid Waste Processing and/or Disposal Facilities	1990-4, § 2015
27, 22, § 27-2204	Enforcement, Penalty and Remedy	1990-4, § 2104; 1998-1, § 1(D)
27, 22, § 27-2206	Appeal to the Zoning Hearing Board	1990-4, § 2106; 1998-1, § 1(E)
27, 22, § 27-2207	Amendments	1990-4, § 2107; 1998-1, § 1(H)-1L

Repealed provisions. The following provisions of the Code are repealed, the text of which indicates deletions by strike-through, and are as follows:

	Chapter, Part, Section	Subject	Ordinance No.
	None

§ 1-8 Procedural changes.

The following minor procedural changes have been made to existing Township ordinances:

Grammatical and spelling errors have been corrected where necessary;

Minor changes have been made to correct obsolete terms and usages;

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.[1]

[1]

Editor's Note: Former Sections 9 through 12, which immediately followed this section, were deleted 9-8-2005 by Ord. No. 2005-08.

Article II Adoption of Renumbered 2005 Code

[Adopted 9-8-2005 by Ord. No. 2005-08]

§ 1-9 Approval, adoption and enactment of Code.

Pursuant to Section 1601(d) [53 P.S. § 66601(d)] of the Second Class Township Code, the codification of a complete body of legislation for the Township of Springettsbury, County of York, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 325, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Springettsbury, which shall be known and is hereby designated as the "Code of the Township of Springettsbury," hereinafter referred to as the "Code."

§ 1-10 Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, 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 Springettsbury, and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-11 below, and only new or changed provisions, as described in § 1-14 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-23 below.

§ 1-11 Repeal of legislation not contained in Code.

All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Springettsbury and in force on the date of the adoption of this Code and not contained in the Code, including the 2003 Code, are hereby repealed as of the effective date given in § 1-23 below, except as hereinafter provided.

§ 1-12 Legislation saved from repeal; matters not affected by repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-11 or 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 5-31-2005.

Any right or liability established, accrued or incurred under any legislative provision of the Township 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.

Any offense or act committed or done before the effective date of this ordinance 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 ordinance, brought pursuant to any legislative provision of the Township.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township 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 of the Township or other instruments or evidence of the Township's 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 to the Township.

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.

§ 1-13 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-12A 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 ordinances shall be temporarily placed in the Code until printed supplements are included.

§ 1-14 Changes and revisions in previously adopted legislation; new provisions.

Nonsubstantive grammatical 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 Board of Supervisors 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[1] 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 Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the legislation so changed had previously been formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-23.

[1]

Editor's Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-8-2005 by Ord. No. 2005-08." Schedule A, which contains a complete description of all changes, is on file in the Township offices.

§ 1-15 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.

§ 1-16 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.

§ 1-17 Filing of copies of Code.

One copy of the Code in a post-bound volume 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 copy shall be certified to by the Township Secretary, as provided by law, and such certified copy 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.

§ 1-18 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 Board of Supervisors 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.

§ 1-19 Code books to be kept up-to-date.

It shall be the duty of the Township Secretary or someone authorized and directed by him or her to keep up-to-date the certified copies of the book containing the Code required to be filed in the office of the Township Secretary for the use of the public. All changes in said Code and all legislation adopted by the Board of Supervisors subsequent to the effective date of this codification which the Board of Supervisors 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.

§ 1-20 Publication of notices.

The Township 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 ordinance, coupled with the publication of the notice of introduction, the availability of copies of the Code for inspection by the public and the filing of an attested copy of this ordinance with the county, 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.

§ 1-21 Altering or tampering with Code; penalties for violation.

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 ordinance, upon being found liable therefor in a civil enforcement proceeding, shall 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. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. 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.

§ 1-22 Severability.

The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, article, chapter or part thereof shall be adjudged 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 rendered illegal, invalid or unconstitutional. It is hereby declared to be the intent of the Board of Supervisors that this ordinance and the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein.

§ 1-23 Effective date.

All provisions of this ordinance and of the Code shall be in force and effect five days after adoption.