The Board shall exercise by ordinance those powers and duties
which:
a.
Provide
for a fine or other penalty or establish a rule or regulation for
the violation of which a fine or other penalty may be imposed;
b.
Establish,
levy and collect taxes, and provide the rates thereof;
c.
Establish,
alter or abolish the rates or charges for any utility supplied by
the Township;
d.
Authorize
the borrowing of money except for revenue anticipation loans;
e.
Grant,
renew, or extend a franchise;
f.
Exercise
the power of eminent domain;
g.
Purchase,
convey, lease or authorize the purchase, conveyance or lease of any
real property;
h.
Authorize
the construction of public capital improvements;
i.
Establish,
alter or amend any zoning, subdivision, land development or building
regulations;
j.
Amend
or repeal any ordinance previously adopted; and
k.
Otherwise
are required by this Charter or general law to be exercised by ordinance.
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All other powers and duties of the Township and the Board may
be exercised by ordinance or resolution.
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An ordinance shall contain only one subject clearly expressed
in its title. Any ordinance which repeals or amends an existing ordinance
shall clearly indicate the matter to be repealed, omitted or added.
The Board may adopt any standard code of technical regulations
or parts thereof by adopting an ordinance incorporating said code
or parts thereof by reference. The details of such standard codes
need not be advertised, but copies thereof shall be available at the
Township Office for public use, inspection and purchase at a reasonable
fee fixed by the Board.
Except as otherwise provided in this Charter, the procedure
for adoption shall be as follows:
a.
Introduction.
A proposed ordinance may be introduced by a Supervisor at any regular
or special public meeting. Such ordinance shall be submitted to the
Manager in advance thereof, who shall place it on the agenda of the
next public meeting for introduction and first consideration. A proposed
ordinance not included in the agenda shall be introduced and given
first consideration only with the affirmative vote of at least three
members of the Board.
b.
Advance
advertisement. If the proposed ordinance is approved by the Board
upon introduction and first consideration, the Manager shall advertise
the full text thereof or a summary thereof prepared or approved by
the Township Solicitor if the proposed ordinance is lengthy and advertisement
of the full text would be unduly costly or burdensome to the Township
as determined by the Board of Supervisors and the date, time and place
when the ordinance will receive further consideration. Said advertisement
shall be published at least once in one or more newspapers of general
circulation in the Township, not more than 30 days nor less than 10
days before the said public meeting. When maps, plans or drawings
of any kind are proposed as part of an ordinance, the Manager may,
instead of publishing same, provide that they are on file and may
be examined at the Township Office.
[Amended 8-8-2005 by Ord. No. 8053]
c.
Adoption
by the Board. Provided that citizens of the Township have been given
an opportunity to express their views at the advertised public meeting,
the Board may:
1.
Adopt the ordinance as proposed;
2.
Postpone action until a later meeting; or
3.
Amend a proposed ordinance before final adoption.
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If there is a postponement and no announcement made thereat
of a later date, time and place when the ordinance will receive further
consideration or if an amendment makes any change in the substance
of the ordinance as originally advertised, then no final action may
be taken until the ordinance has again been advertised in accordance
with § 404b of this Charter. Final adoption of an ordinance,
except as otherwise provided in this Charter, shall require the affirmative
vote of at least three members of the Board.
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Except as otherwise provided in this Charter, an ordinance shall
take effect on the day after the date of adoption or such later date
as the Board may prescribe.
The Manager shall record the full text of all ordinances with
proofs of publication in a permanent record book which shall be available
for public inspection at the Township Office.
The Board shall provide for the general codification of all
Township ordinances having the force and effect of law. The general
codification shall be adopted by ordinance and include this Charter
and the Administrative Code. The codification shall be known and cited
as the "Code of the Township of Whitemarsh." All new ordinances shall
be integrated in the codification.
Notwithstanding any other provisions of this article, the Board
may, in the event of a substantial public emergency affecting the
health, safety and welfare of the citizens of the Township, adopt
emergency ordinances. Emergency ordinances shall be so designated,
introduced in the form required for ordinances and clearly state the
nature of the emergency. No prior publication of an emergency ordinance
shall be required and it may be introduced and adopted at any public
meeting at which it is introduced. An emergency ordinance shall require
the affirmative vote of at least three members of the Board. In the
event it is impossible for the total membership to be present, an
emergency ordinance may be adopted by the majority vote of the members
present, provided there is a quorum. Emergency ordinances shall not
levy taxes. An emergency ordinance shall become effective immediately
upon adoption and shall automatically be repealed on the 31st day
following the date of its adoption, but may be reenacted as provided
herein if the emergency still exists. An emergency ordinance may also
be repealed by adoption of a repealing ordinance in the manner set
forth herein. An emergency or repealing ordinance shall be advertised
as soon as possible after it is adopted.
The Board may, by the affirmative vote of at least three members
thereof, approve a resolution to provide for a referendum on the question
of adopting any proposed ordinance. The referendum resolution shall
be filed with the Board of Elections of Montgomery County, Pennsylvania,
at least 60 days prior to the next primary, municipal or general election,
and a referendum shall be held thereat by special election as provided
in the election laws of the Commonwealth of Pennsylvania. The said
Board of Elections shall place the question on the ballot in a manner
fairly representing its contents.
If a majority of the qualified electors voting on the proposed
ordinance vote in favor thereof, such ordinance shall thereupon become
a valid and binding ordinance of the Township upon certification of
the election results. If the provisions of two or more proposed ordinances
approved or adopted at the same election conflict, then the proposed
ordinance receiving the greatest affirmative vote shall control.
