It is the intention of the electors of the Township that if
this Charter cannot take effect in its entirety because of the judgment
of any court of competent jurisdiction holding invalid any part or
parts hereof, the remaining provisions of the Charter shall be given
full force and effect as completely as if the part or parts held invalid
had not been included herein.
This Charter shall become effective and shall be deemed operative
on the first Monday of January, 1976. In the primary and general municipal
elections to be held in 1975, only the municipal officers designated
in this Charter shall be presented for nomination and election.
A thrifty, industrious, self-reliant people being the foundation
of any nation, the rights of the people by their own hands to rebuild,
repair or maintain their homes and home properties, or have the same
done, shall not be abridged, and any regulations shall be restricted
to performance standards consistent with minimum requirements of good
safety and health practice.
Fire protection shall be furnished by volunteer fire companies
as per previous practice. Appropriations, assistance and necessary
regulations may be originated by the Board of Supervisors.
A.
General Authority:
1.
Initiative. The qualified voters of the Township shall have power
to propose ordinances to the Board, and if the Board fails to adopt
an ordinance so proposed without any change in substance, the qualified
electors shall have the power by a majority vote to adopt or reject
it at any election. No proposed initiative ordinance shall contain
more than one subject which shall be clearly expressed in its title.
2.
Referendum. The qualified voters of the Township shall have the power
to require reconsideration by the Board of any adopted ordinance,
and if the Board fails to repeal an ordinance so reconsidered, then
qualified voters shall have the power to approve or reject it at any
election.
B.
Initiative and Referendum Procedures:
Initiative and Referendum procedures shall be initiated upon
petition signed by seven (7%) percent of the registered electors of
the municipality at large. Every initiative and referendum petition
shall contain or have attached thereto throughout their circulation
the full text of the ordinance proposed or sought to be reconsidered.
Each elector signing an initiative or referendum petition shall
add to his signature his occupation, his residence, his election district,
and the date of signing. Signatures on an initiative or referendum
petition may be on separate sheets but each sheet shall have appended
to it the affidavit of some person, not necessarily a signer of the
petition, that to the best of the applicant's knowledge and belief
the persons whose signatures appear on the sheet are registered electors
of the Township, that they signed with full knowledge of the contents
of the petition, and their residences are correctly given.
An initiative or referendum petition shall be tendered for filing
to the County Board of Elections. No signature shall be counted as
valid which is dated more than sixty (60) days prior to the date the
petition is tendered for filing. Upon tender to the County Board of
Elections, the petition shall be available for examination by any
interested person. Within fifteen (15) days after tender of the petition,
the County Board of Elections shall have authority to pass upon the
validity of the petition and the validity and number of signatures
required thereon. The decision of the Board of Elections shall be
subject to immediate review on appeal to the Court of Common Pleas.
C.
Referendum Petitions; Suspension of Effect of Ordinance:
When a referendum petition is filed with the County Board of
Elections, the ordinance sought to be reconsidered shall be suspended
from taking effect. Such suspension shall terminate when:
D.
Action on Petitions:
1.
When an initiative or referendum petition has been determined sufficient,
the Board shall promptly consider the proposed initiative ordinance
or reconsider the referred ordinance by voting its repeal. If the
Board fails to adopt a proposed initiative ordinance without any change
in substance within sixty (60) days or fails to repeal the referred
ordinance within thirty (30) days after the date the petition was
finally determined sufficient, it shall submit the proposed or referred
ordinance to the electors of the Township.
2.
Submission to Voters: The vote of the Township on a proposed or referred
ordinance shall be held not less than thirty (30) days and not later
than one year from the date of the final Board vote thereon. Copies
of the proposed or referred ordinance shall be made available at the
polls and to the public.
3.
Withdraw of Petitions: An initiative or referendum petition may be
withdrawn by filing with the County Board of Elections a request for
withdrawal signed by at least fifty-one (51%) percent of the petitioners.
Upon the filing of such request the petition shall have no further
force or effect and all proceedings thereon shall be terminated.
E.
Results of Election:
1.
Initiative: If a majority of the qualified electors voting on a proposed
initiative ordinance vote in its favor, it shall be considered adopted
upon certification of the election results and shall be treated in
all respects in the same manner as ordinances of the same kind adopted
by the Township Board of Supervisors. If conflicting ordinances are
approved at the same election, the one receiving the greatest number
of affirmative votes shall prevail to the extent of such conflict.
2.
Referendum: If a majority of the qualified electors voting on a referred
ordinance vote against it, it shall be considered repealed upon certification
of the election results.
All appointed Boards of Commission, Authorities, etc., shall
have seven (7) members. This provision shall be implemented as soon
as possible.
The intent of this Charter is to provide for an efficient government
responsive to the lawful wishes of the people.
Where there is a question of nepotism, the Board of Supervisors
by vote must decide if the seriousness of the charge of nepotism outweighs
the benefits to the Township at large.
A.
All municipal ordinances, resolutions, rules and regulations, which
are in force at the time this Charter is adopted not inconsistent
with the provisions of this Charter shall continue in force until
amended or repealed.
B.
All municipal departments, bureaus, administrative units, offices,
agencies, and commissions shall continue until modified pursuant to
the provisions of this Charter.
[Amended 4-26-1988 at
referendum]
The tax on real estate shall be limited to twelve mills per
one dollars of assessed valuation. This limitation may be modified
by the Board of Supervisors by an ordinance placing the question of
increasing the limit on the ballot of any election for the approval
or rejection by the qualified voters of the Township.
The Board of Supervisors is mandated to terminate any existing
municipal authorities as soon as legally and reasonably practicable.
The Board of Supervisors is further mandated to take all actions
necessary to prevent the further increase in indebtedness of any existing
municipal authority.
No new municipal authority shall be created except upon approval
of the electorate under a referendum as provided in this Charter.
The Township shall continue to be subject to the laws of the
Commonwealth of Pennsylvania relating to planning and zoning which
are applicable to non-charter Townships of the Second Class, except
as otherwise specifically provided in this Charter.
The Township shall continue to be subject to the laws of the
Commonwealth of Pennsylvania relating to borrowing procedure and debt
limitation which are applicable to noncharter Townships of the Second
Class.
