Ordinances Table of contents

 

Table of Contents

 

CODE OF ORDINANCES

of the

BOROUGH OF RUTLEDGE Delaware County, Pennsylvania

Published by Authority of the Borough

PENNS VALLEY PUBLISHERS
(A Division of Fry Communications, Inc.) Mechanicsburg, Pennsylvania

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Chapter1 …………. Chapter2 …………. Chapter3 …………. Chapter4 …………. Chapter5 …………. Chapter6 …………. Chapter7 …………. Chapter8 …………. Chapter9 …………. Chapter10 ………… Chapter11 ………… Chapter12 ………… Chapter13 …………

Chapter14 ………… Chapter15 ………… Chapter16 ………… Chapter17 ………… Chapter18 ………… Chapter19 ………… Chapter20 ………… Chapter21 ………… Chapter22 ………… Chapter23 ………… Chapter24 ………… Chapter25 ………… Chapter26 ………… Chapter27 …………

Appendix

A ………… B ………… C ………… D ………… E ………… F ………… G………… H ………… I ………… J …………

Key to the Disposition of All Ordinances Index

CONTENTS

Municipal Officials . . . v Foreword …………. vi Adopting Ordinance . . . ix FeeSchedule …….. xvii

AdministrationandGovernment ………… 1-1 Animals ………………………….. 2-1 Bicycles…………………………… 3-1 Buildings …………………………. 4-1 CodeEnforcement …………………… 5-1 Conduct ………………………….. 6-1 FirePreventionandFireProtection ………. 7-1 Floodplains………………………… 8-1 GradingandExcavating ………………. 9-1 HealthandSafety …………………… 10-1 Housing ………………………….. 11-1 Libraries………………………….. 12-1 Licenses, Permits and General Business

Regulations ……………………….. 13-1 MobileHomesandMobileHomeParks ……. 14-1 MotorVehiclesandTraffic …………….. 15-1 ParksandRecreation ………………… 16-1 PlannedResidentialDevelopment ……….. 17-1 SewersandSewageDisposal …………… 18-1 SignsandBillboards …………………. 19-1 SolidWaste ……………………….. 20-1 StreetsandSidewalks ………………… 21-1 SubdivisionandLandDevelopment ………. 22-1 SwimmingPools…………………….. 23-1 Taxation;Special ……………………. 24-1 Trees…………………………….. 25-1 Water ……………………………. 26-1 Zoning……………………………. 27-1

AnnexationofTerritory ……………….. A-3 BondIssuesandLoans ……………….. A-5 FranchisesandServices ………………. A-7 GovernmentalandIntergovernmentalAffairs .. A-9 PlanApproval ……………………… A-11 PublicProperty …………………….. A-13 Sewers ……………………………A-15 StreetsandSidewalks ………………… A-19 Water …………………………….A-27 Zoning;PriorOrdinances ……………… A-29

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ELECTED OFFICIALS

OFFICIALS
of the BOROUGH OF RUTLEDGE County of Delaware Pennsylvania

BOROUGH COUNCIL

Mayor – President – Vice President –

– – – – –

Auditors – – –

APPOINTED OFFICIALS

Secretary – Code Enforcement Officer – Building Inspector – Solicitor – Engineer –

Paul Mecouch
Edward O. McGaughey Gregory Lebold
Diane McGaughey Mark King
Kurt Morrison
C. Scott Shields Thomas Kopp

Paul S. Garrity Catherine A. Myers Rose Marie Maio

Arlene Sbraccia
Harry T. Mirra
Harry T. Mirra
Richard C. Tinucci, Esquire Catania Engineering Assoc.

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History

FOREWORD

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This comprises the codification of the ordinances of the Borough of Rutledge. The Borough of Rutledge was originally settled in 1884 and was incorporated as a Borough from parts of Township of Ridley, June 8, 1887.

The Code of Ordinances of the Borough of Rutledge was prepared by Penns Valley Publishers, a division of Fry Communications, Inc., and adopted by the Borough of Rutledge Council on July 2, 2001, by Ordinance Number 428____.

Organization

The Code contains four parts which are (1) the valid current ordinances of the Borough of Rutledge contained in Chapters 1 through 27, (2) the Appendix, which lists by abstracted title all ordinances of a temporary or “one time” nature, (3) the Key to the disposition of each ordinance ever enacted by the Borough of Rutledge, and (4) the Index, which is an alphabetical arrangement of subjects.

In the Code each Chapter is separated by a divider tab, and specific ordinances can be located by subject on the contents page at the beginning of each Chapter. The Index may also be used to search for a subject when one is looking for general information on a particular subject, or if it is not known in which Chapter the subject might be found. The Appendix consists of several general categories containing a chronological listing of short subject descriptions along with a reference to the original ordinance and its date of enactment, if known.

The Key to disposition indicates what action has been taken by the Borough of Rutledge Council with regard to every ordinance ever enacted. An ordinance has either been (1) specifically repealed, (2) superseded by another ordinance, (3) is located in a Chapter of the Code book, or (4) is located in the Appendix. Annual tax rate and budget ordinances are located only in the Key. The Key is a cross reference to the original ordinance books of the Borough of Rutledge, and to the location within the Code of each ordinance by number.

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ORDINANCE NO. _428____

AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF THE BOROUGH OF RUTLEDGE, DELAWARE 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 Council hereby ordains:

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

TABLE OF CONTENTS

Chapter 1 . . . . Administration and Government Chapter 2 . . . . Animals
Chapter 3 . . . . Bicycles [Reserved]
Chapter 4 . . . . Buildings [Reserved]

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 and Billboards
Chapter 20 . . . Solid Waste
Chapter 21 . . . Streets and Sidewalks
Chapter 22 . . . Subdivision and Land Development
Chapter 23 . . . Swimming Pools [Reserved]
Chapter 24 . . . Taxation; Special
Chapter 25 . . . Trees
Chapter 26 . . . Water [Reserved]
Chapter 27 . . . Zoning

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APPENDIX:

A. . . . . Annexation of Territory
B ….. BondIssuesandLoans
C . . . . . Franchises and Services
D . . . . . Governmental and Intergovernmental Affairs E ….. PlanApproval

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 Borough of Rutledge shall be authorita- tive.

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 Rutledge 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 Rutledge 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 Rutledge 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

Chapter,Part,Section

15, Entire Chapter

B. Revisions

Chapter,Part,Section

None

Subject

Motor Vehicles and Traffic

Subject

Ordinance No.

321, §305, Chapter 1200; 345; 364, §V; 365; 371; 387; Res. 10/12/1987

Ordinance No.

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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

Chapter,Part,Section

1, 5C, §1-521
1, 7, §§1-701 – 1-703
6, 1, §§6-101 – 6-109
15, Entire Chapter
24, 2, §§24-201 – 24-217

B. Amendments

Chapter,Part,Section

1, 1, §1-102 1, 2, §1-201

2, 1, §2-102

8, 6, §8-601
8, 6, §8-603 10, 2, §10-203

11, 1, §11-110

11, 1, §11-111

Subject

Creation of Planning Committee Firemen’s Relief Association Curfew
Motor Vehicles and Traffic Realty Transfer Tax

Subject

Administration and Government; Borough Seal

Administration and Government; Council Meetings; Regular Monthly Meetings

Animals; Keeping of Dogs; Requirements; Compliance with the Rabies Prevention Control in Domes- tic Animals and Wildlife Act

Floodplains; Administration; Permit Required

Floodplains; Administration; Watercourse Alterations

Health and Safety; Storage of Motor Vehicles on Private Property; Storage of Motor Vehicle Nuisances Permitted

Housing; Renting of Dwellings and Apartments Including Maintenance and Occupancy Requirements; Rent- ing of Dwellings

Housing; Renting of Dwellings and Apartments Including Maintenance and Occupancy Requirements; Licensing of the Operation of Multi- ple Dwellings and Rooming Houses

Ordinance No.

44, §2
321, §101.1

321, §501.2

337, §1103.6 337, §1103.6 377, §407.3

321, §811.3; 351, §V; 374

321, §812; 349; 364, §II; 374

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Chapter,Part,Section

13, 1, §13-101

13, 1, §13-104 13, 2, §13-203

13, 3, §13-306

13, 3, §13-309

18, 2, §18-201 18, 2, §18-203 20, 1, §20-101

20, 1, §20-102

20, 2, §20-211

20, 2, §20-212

21, 1, §21-103 21, 4, §21-406 21, 5, §21-503

Subject

Licenses, Permits and General Busi- ness Regulations; Peddling; Definitions

Licenses, Permits and General Busi- ness Regulations; Peddling; Fee

Licenses, Permits and General Busi- ness Regulations; Distribution of Handbills; Fee

Licenses, Permits and General Business Regulations; Contractors’ Registration; Fee for Licenses

Licenses, Permits and General Business Regulations; Contractors’ Registration; Issuance, Refusal and Renewal of License

Sewers and Sewage Disposal; Sewer Rentals; Sewer Rental Rate

Sewers and Sewage Disposal; Sewer Rentals; Tax Collector’s Expenses

Solid Waste; Packing Garbage and Refuse for Collection and Disposal; Refuse Containers

Solid Waste; Packing Garbage and Refuse for Collection and Disposal; Scavenging

Solid Waste; Disposal of Municipal Solid Waste; Joint Cooperation Agreement

Solid Waste; Disposal of Municipal Solid Waste; Adoption of Solid Waste Management Plan

Streets and Sidewalks; Excavations in Streets and Terraces; Permit Fees

Streets and Sidewalks; Installation of Sidewalks and Curbs; Specifications

Streets and Sidewalks; Encroachments and Obstructions Upon Sidewalks; Temporary Storage

Ordinance No.

321, §203.1

321, §203.4; 351, §I

321, §202.3

350, §1401.6

350, §1401.9

180, §1; 223, §1

180, §3 321, §404.1

321, §404.2

368, §11

368, §12

321, §205.3; 351, §II; 354

321, §701.6; 364, §I

321, §702.3; 351, §III

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Chapter,Part,Section

24, 1, §24-101

C. Repeals

Chapter,Part,Section

99
192
201
321, §§206.1 – 206.5 321, §§207.1 – 207.4 321, §§503.1 – 503.9

Subject Ordinance No.

Taxation, Special; Per Capita Tax; 312, §1 Definitions

Subject

Prohibiting the Planting of Certain Trees Authorizing Periods of Blackouts
Providing for the Use of Special Police During War Inspection of Poles, Wires and Cables

Inspection of Gas and Water Mains Rabies Control

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:

Chapter,Part,Section Short Title

None

Section 7. Land Use Amendments. The Borough of Rutledge Code of 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.

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:

Chapter,Part,Section Subject

27, 6, §27-615 Zoning; General Regulations; Fences

B. 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, §22-301 Subdivision and Land Development; 322, §301 Fee Schedule

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22, 7, §22-707 Subdivision and Land Development; 322, §707 Formal Plan Review; Certifications

and Permits

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

Ordinance No. Subject Ordinance No.

None

Section 8. Procedural Changes. The following minor procedural changes have been made to existing Borough of Rutledge ordinances:

  1. Grammatical and spelling errors have been corrected where necessary;
  2. Minor changes have been made to correct obsolete terms and usages;
  3. 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:

  1. Amendment or Revision – “Chapter ___, Part ___, Section ___, Subsection ___ is hereby amended [revised] to read as follows…”
  2. Additions – “Chapter ___, Part ___, Section ___, Subsection ___ is hereby amended by the addition of the following…”
  3. 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 Borough of Rutledge 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 Rutledge 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 Rutledge. Whosoever shall violate this Section shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days.

Section 12. Severability of Parts of Codification. It is hereby declared to be the intention of the Borough Council that the Chapters, Parts, Sections, paragraphs, sentences, clauses and phrases of this codification are severable. If any Section,

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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 2nd day of July , 2001. ATTEST: BOROUGH OF RUTLEDGE

/s/ Jennifer Juliano By /s/ Edward O. McGaughey

APPROVED this 2nd day of July , 2001.

/s/ Paul R. Mecouch Paul Mecouch, MAYOR

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SUBJECT

BUILDING PERMIT FEES

  1. Yearly registration
  2. Residential

FEES

$50.00

$0.40/s.f.; $250.00 min. $0.40/s.f.; $200.00 min.

3. Commercial

  1. New construction and additions
  2. Repairs and renovations
  3. Raze, remove or tear down any commercial ro industrial building or structure

$850.00 for first 2,000 s.f. $350.00 each add. 1,000 s.f. up to 10,000 s.f. $150.00 each add. 1,000 s.f.

$45.00 per $1,000 est. costs; $150.00 min.

$150.00 per $1,000.00 est. cost; $200.00 min.

FEE RESOLUTION

  1. New houses and new multi-residential construction including living space, garage, cellars/basements
  2. Additions of any residential classification
  3. Residential repairs/internal renovations which involve structural modifications
  4. Raze, remove, tear down any residential building or structure
  5. Swimming pools (in-ground)
  6. Swimming pools (above ground)
  7. Decks
  8. Sheds (over 100 s.f.)
  9. Fences $25.00

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$25.00/$1,000.00 est. cost; $75.00 min.

$25.00/$1,000.00 est. cost; $100.00 min.

$25.00/$1,000.00 est. cost; $100.00 min.

$50.00 $0.40/s.f.; $75.00 min. $50.00

  1. Siding, storm doors or storm windows, replacement windows in existing opening, replacement of cabinets or counter and installation of new shingles on an existing roof does not require a building permit.
  2. Building permit fees are doubled where work has begun prior to or without a building permit.
  3. A minimum of 24 hour notice is required for all work requiring inspection.

CERTIFICATE OF OCCUPANCY1

  1. Residential $50.00
  2. Commercial $175.00
  3. Apartments $40.00 first apartment $20.00 each succeeding apartment unit inspected at same time
  4. Reinspection fee2 $30.00

If a smoke detector system fails upon inspection or if the applicant fails to keep the inspection appointment, the applicant shall resubmit an application and a second fee.

CONTRACTORS REGISTRATION FEE

  1. Builders, developers, contractors, subcontractors,
    sign contractors, paving contractors, decorators, and others
  2. Renewal fee

HANDBILL DISTRIBUTION LICENSE FEE MUNICIPAL CLAIMS AND LIENS ATTORNEYS FEE

  1. Per hour
  2. Filing fees
  3. Out of pocket costs

$50.00

$30.00 $15.00 per year

$95.00

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1This fee is for existing structures only. All new residential, commercial or apartment construction will receive a certificate of occupancy as part of the final inspection under the building permit.

2A reinspection fee will be charged for each certificate of occupancy reinspection if the structure fails the initial inspection.

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PEDDLING LICENSE FEE

PLUMBING FEE SCHEDULE

  1. New work in dwellings including five fixtures for each plan filed
  2. New work, alterations, additions or renewals in buildings other than dwellings including five fixtures
  3. For each fixture, waste inlet and automatic water heater in excess of five combined items, in addition to new work fee per plan
  4. Alterations, additions or renewals in dwellings and other buildings including three fixtures, for each plan filed
  5. The tapping of main sewer, per unit, for each plan filed
  6. Alterations, additions or renewals of sewer laterals or connections, for each plan filed

$40.00 per license/per year

$50.00

$50.00

$5.00

$15.00 $100.00

$50.00

  1. Where work for which a permit is required by Borough Code is started prior to obtaining the required permit, the fees set forth herein for such permit shall be doubled; the payment of such double fee shall not relieve any persons from fully complying with the requirement of the Borough Code in the execution of the work or from any other penalties prescribed herein.
  2. The Plumbing Inspector shall be authorized to charge an additional fee computed at an hourly rate of $20 per hour, or fraction thereof, for the time actually expended to conduct a second reinspection on work performed incorrectly.
  3. A certificate of insurance of at least $50,000 per person, $100,000 per incident and $25,000 property damage must be filed with the Borough before a permit is issued.

RENTING DWELLING OPERATING LICENSE FEE

RENTING MULTIPLE DWELLINGS OR ROOMING HOUSES OPERATING LICENSE FEE

  1. Each apartment
  2. Each rooming unit
  3. Reinspection

$30.00

$30.00

$30.00

$20.00 per hour, or fraction thereof

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SCAVENGING PERMIT
SEWER FEE
SIDEWALK AND CURB INSTALLATION

  1. Permit fee
  2. Permit fee if work is started prior to obtaining permit

SIDEWALK TEMPORARY STORAGE PERMIT SIGNS (FLAT, FREE STANDING OR PROJECTING) STREET AND TERRACE EXCAVATIONS

  1. New curb cut/opening
  2. Street opening (cartway)
  3. Street opening (other)

4 Utility pole removal/replacement or new installation

5. Removal and replacement of curbing SUBDIVISION AND LAND DEVELOPMENT FEES

$5.00 $139.19/household unit

$10.00 $20.00 $4.00 $75.00

$50.00

$50.00 first 50 l.f.; $15.00 each additional l.f., or fraction thereof

$25.00 first 50 l.f.; $10.00 each additional l.f., or fraction thereof

$5.00 each $1.00 l.f.; $50.00 max.

Additional Fee for Each Lot Over Two

$50.00 per lot

$82.74/household unit

Type of Plan

Per plan-single lot into two lots

TRASH FEE (Res. 7/2/2001)

General Fee

$300.00

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