[Ord. No. 752,
§ 1 (2-2.1), 8-9-1976][1]
There shall be a Township Manager who shall be appointed by
the Council, as stated in Charter Section 401. The Manager must meet
the qualifications as stated in Charter Section 402.
[1]
Editor's Note: See also Charter, Article IV.
[Ord. No. 752,
§ 1 (2-2.2), 8-9-1976]
The Township Manager shall serve as Secretary of the Council
and as Secretary of the standing committees, as well as any special
committees which may from time to time be appointed. The Secretary
shall attend all meetings of the Council, and all meetings of committees
when required to do so by the Council. The Secretary shall be the
official keeper of the minutes and shall provide suitable books, the
cost of which shall be paid out of the Township funds, in which he
shall enter all matters of which he is required to keep a record.
[Ord. No. 752,
§ 1 (2-2.3), 8-9-1976]
The Manager/Secretary shall record all ordinances and all resolutions
of a permanent character in books to be provided for that purpose.
Each ordinance and resolution, when recorded as required by this Section,
shall be deemed to be a public record of the ordinance or resolution.
Any omission by the Secretary to record or certify, as required by
this Section, shall not impair or affect the validity of any ordinance
which has been duly adopted.
[Ord. No. 752,
§ 1 (2-2.4), 8-9-1976]
The Manager/Secretary shall have custody of and safely keep
all records, books and documents of the Township, except for those
which are committed by ordinance to any other office. The Secretary
shall, upon request and the payment of the fee prescribed by ordinance
or resolution for the use of the Township, furnish a certified copy
of any records, books and documents in his custody under the Corporate
Seal of the Township.
[Ord. No. 752,
§ 1 (2-2.5), 8-9-1976]
The Manager/Secretary shall cause the Corporate Seal of the
Township to be affixed to instruments and writings when authorized
by ordinance or resolution of the Council or when necessary to exemplify
any document on record in his office, or to certify any act or paper
which, from the records in his office, shall appear to have been a
public act of the Township or a or cause or permit it to be affixed
to any other instrument or writing or other paper unless required
to do so by law or ordinance.
[Ord. No. 752,
§ 1 (2-2.7), 8-9-1976; Ord. No. 987, § 1, 4-11-1988]
Subject to the supervision of the Council, the Township Manager
shall:
(1)
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee of the Township, except
for those required by law to be deposited with some other person,
and of all insurance policies upon or with respect to any risk insured
for the benefit of the Township or to protect it against any claim,
demand or liability whatsoever, and all formal contracts for work,
labor, services, supplies, equipment and materials to which the Township
may be a party;
(2)
Be the depository for and have custody of all performance bonds running
to the Township as obligee, or any other form of security given by
any contractor, subDivision developer or other person on account of
work done or to be done in and for the Township;
(3)
Have custody of all leases of property owned by the Township;
(4)
Report to the Council at such time as they may require on the coverage,
expiration date and premium of each surety bond and contract of insurance,
the nature and terms of outstanding leases, the rent reserved by each
and their expiration dates.
(5)
The Council of Plymouth Township is hereby authorized to execute
the agreements listed below and any other agreements necessary for
the participation of Plymouth Township in the Delaware Valley Municipal
Liability Self-Insurance Trust: Delaware Valley Municipal Liability
Self-Insurance Trust Participation Agreement (hereinafter referred
to as the "participation agreement"); Delaware Valley Municipal Liability
Self-Insurance Trust Agreement (hereinafter referred to as the "trust
agreement"), which agreements are attached hereto as Exhibits "A"
and "B" and are on file for inspection and review at the offices of
Plymouth Township, 700 Belvoir Road, Norristown, Pennsylvania 19401.
The documents attached hereto as Exhibits "A," "B" and "C" may be
subsequently modified or amended prior to the effective date of the
trust, but in no event shall any such amendments or modifications
materially adversely affect the right of Plymouth Township to participate
in the Delaware Valley Municipal Liability Self-Insurance Trust.
a.
That participation of Plymouth Township in the Delaware Valley Municipal
Liability Self-Insurance Trust is authorized for the following purposes:
1.
To provide adequate and affordable insurance coverage to each participating
municipality at the lowest possible cost by the pooling or sharing
of certain liability risks;
2.
To reduce the amount and frequency of losses incurred by each participating
municipality which are covered under the trust coverage document,
which is attached hereto as Exhibit "C" and on file for inspection
and review at the Township office;
3.
To minimize costs incurred by participating municipalities in the
handling and litigation of claims; and
4.
To protect each participating municipality from the volatility and
high premiums of the commercial insurance markets.
b.
As set forth in the participation and trust agreements, the following
conditions apply to the participation of Plymouth Township in the
Delaware Valley Municipal Liability Self-Insurance Trust:
1.
That each participating municipality meets the admission and eligibility
requirements set forth therein;
2.
That each participating municipality agrees to pay all annual premiums,
contributions and assessments when due as provided in the participation
and trust agreements;
3.
That each participating municipality use its best efforts to provide
appropriations for the payment of any contributions, premiums and
assessments required by the trust;
4.
That each participating municipality institute any and all safety
regulations, loss prevention measures or risk management procedures
as may be required for the purpose of minimizing or eliminating hazards
or risks that could contribute to losses;
5.
That each participating municipality cooperate fully with the trust's
service and fiscal agents, attorneys, claims adjustors and any other
agents or employees of the trust with respect to the investigation,
defense and settlement of claims;
6.
That each participating municipality designate a contact person to
be responsible for all contacts with the trust;
7.
That each participating municipality provide any information to the
administrator or Board of Trustees as may be required to effect the
purposes and objectives of the trust.
c.
That Plymouth Township agrees to participate in the trust for a minimum
period of two (2) years and thereafter may withdraw under the following
conditions, subject to the right of arbitration, under the trust and
participation agreements:
1.
An opinion is rendered by the trust certified actuary that withdrawal
will not result in the number of participants falling below the minimum
required to assure the fiscal and actuarial soundness of the trust
itself;
2.
That the withdrawing municipality is not then in default of its obligation
to pay premiums, contributions or assessments;
3.
That the withdrawing municipality shall pay the full amount of a
termination premium, as determined by the Board of Trustees in accordance
with the trust agreement and by-laws; and
4.
That the Board of Trustees shall have received a certification from
the trust actuary that the withdrawal of the municipality will not
reduce the actuarial soundness of the trust and, if any municipal
debt has been incurred by the participants to finance any portion
of the trust reserves, an opinion is obtained from bond counsel that
such withdrawal will not adversely affect the tax-exempt status of
any interest paid and any debt incurred by the participating municipalities
or any legal entity created for the purpose of incurring such debt.
d.
The effective date of the participation of Plymouth Township in the
Delaware Valley Municipal Self-Insurance Liability Trust will be no
earlier than July 1, 1988, but no later than January 1, 1989.
e.
Each participating municipality delegates to the Board of Trustees
of the Delaware Valley Municipal Liability Self-Insurance Trust the
powers enumerated in the trust agreement, including the right to expel
participants under certain conditions.
g.
All contributions, premiums and assessments paid by Plymouth Township
shall be made with funds appropriated by Plymouth Township for that
purpose. If permitted under state and federal law, Plymouth Township
may incur debt for the purpose of financing any excess insurance coverage,
as set forth in the participation and trust agreements.
h.
The organizational structure of the trust shall consist of a Board
of Trustees, an administrator, a claims administration/loss control
consultant and various service agents appointed by the Board of Trustees
in accordance with the participation and trust agreements.
i.
As set forth in the participation and trust agreements, the funds
required for the operation of the trust shall be provided by the participating
municipalities through annual appropriations.
j.
The Delaware Valley Municipal Liability Self-Insurance Trust shall
commence no earlier than July 1, 1988, but no later than January 1,
1989, and continue until terminated by two-third vote of all participating
municipalities.
k.
Coverage under the trust may be provided to all initial participants
no earlier than July 1, 1988, but no later than January 1,1989. Should
coverage commence on July 1, 1988, it shall continue until December
31, 1988. Thereafter coverage under the trust shall be provided from
January 1 through December 31 of each trust year to all participating
municipalities.
l.
As a condition of participating in the Delaware Valley Municipal
Liability Self-Insurance Trust Plymouth Township agrees to the following
conditions:
1.
That it will make its initial contribution upon admission to the
trust for creation of the restricted surplus fund needed to protect
participating municipalities against potentially catastrophic losses;
2.
That it will timely pay all annual premiums and assessments as may
be required by the Board of Trustees;
3.
That it will appoint a representative to sit on the Board of Trustees
and designate a contact person for the purpose of communicating with
the trust or its representatives;
4.
That it will agree not to withdraw from the trust for a period of
two (2) years following its admission to the trust;
5.
That it may withdraw from the trust only upon satisfaction of the
conditions set forth in the participation agreement and the trust
agreement;
6.
That it agrees to perform all covenants contained in the participation
and trust agreements and delegate to the Board of Trustees the powers
and authorities enumerated in of the participation agreement and the
trust agreement;
7.
That it will comply with all the conditions set forth in the trust
coverage document governing the handling of claims, including the
defense and settlement thereof;
8.
That it will appropriate the funds needed to pay all contributions,
premiums and assessments as may be required by the Board of Trustees
in accordance with the participation and trust agreements;
9.
That it will cooperate with the trust, its agents or employees and
provide the trust with all information it needs for the operation
of the trust, including any underwriting or claims data which may
be requested by the Board of Trustees or their designee.
[Ord. No. 752,
§ 1 (2-2.8), 8-9-1976]
No rule or general regulation made by the Council, or by any
committee, department, officer, agency or authority of the Township,
except rules relating to the organization or internal management of
the Township government or any part thereof, shall take effect until
it is filed with the Township Manager. The Manager shall maintain
a current compilation of all such rules and regulations which shall
be available for public inspection during business hours.
[Ord. No. 752,
§ 1 (2-2.9), 8-9-1976]
The Township Manager shall have the following duties in addition
to those which have been set forth in Sections 2-37 — 2-42
and which may from time to time be prescribed by law or ordinance:
(1)
The Township Manager shall be the Chief Executive Officer and shall
be responsible to the Township Council for executing all policies
established by it and for the proper administration of all affairs
of the Township as stated in Charter Section 403.
(2)
The Manager shall keep a record of the appropriations made by the
Council and the amounts chargeable thereto. He shall furnish to any
person requesting it a statement showing the amount available for
future charges against any appropriated fund.
(3)
The Manager shall administer the provisions of the Township ordinances
with reference to the licensing of occupations and activities for
which licenses are required by law or ordinance to be obtained from
the Manager.
(4)
In any instance where a department head has not been designated for
a particular department, the Manager shall act as the department head
until an appointment has been made.
[Ord. No. 752,
§ 1 (2-2.6), 8-9-1976]
The minute book and other records and documents of the Township
shall be open to inspection by any taxpayer of the Township or his
agent upon demand to see such records at any time during business
hours.
[Ord. No. 752,
§ 1 (2-3.1), 8-9-1976]
There shall be a Township finance director who shall be appointed
by the Township Manager with the advice and consent of Council as
outlined in Charter Section 606.
[Ord. No. 752,
§ 1 (2-3.2), 8-9-1976]
The finance director shall serve as Chief financial advisor
to the Township Council, the Manager and other Township departments.
[Ord. No. 752,
§ 1 (2-3.3), 8-9-1976]
The finance director shall be the department head of the administrative
department and shall assist the Township Manager in keeping and maintaining
all records as prescribed by Charter, ordinance or resolution.
[Ord. No. 752,
§ 1 (2-3.4), 8-9-1976]
The finance director shall assist the Manager and all department
heads in preparing a yearly financial plan as stated in Charter Section
702.
[Ord. No. 752,
§ 1 (2-3.5), 8-9-1976]
The finance director shall advise the Township Council as to
status of funds available as compared to those estimated in the financial
plan in accordance with the provisions of Charter Section 703.
[Ord. No. 752,
§ 1 (2-3.6), 8-9-1976]
The finance director shall direct and supervise and record collection
of all taxes, license fees and other moneys due the Township.
[Ord. No. 752,
§ 1 (2-3.7), 8-9-1976]
The finance director shall certify to the Township Council and
the Manager that there is a sufficient unencumbered balance in an
appropriation and sufficient funds available before any contract is
made.
[Ord. No. 752,
§ 1 (2-3.8), 8-9-1976]
The finance director shall make all disbursements of all Township
funds as stated in Charter Section 706.
[Ord. No. 752,
§ 1 (2-3.9), 8-9-1976]
The finance director shall record, or cause to be recorded,
all financial activities of the Township, in the form and by the procedures
prescribed by ordinance and stated in Charter Section 707.
[Ord. No. 752,
§ 1 (2-3.10), 8-9-1976]
The finance director shall take appropriate measures to insure
the Manager and Council are kept informed of financially related facts
and on financial operations of the Township with detailed reports
as stated in Charter Section 708.
[Ord. No. 752,
§ 1 (2-4), 8-9-1976]
The Public Works Department shall be responsible for all Township
Engineering functions, highway maintenance, sanitation, equipment
maintenance and building maintenance. The Township Engineer, as defined
in Charter Section 605, shall also be the director of the Public Works
Department.
[Ord. No. 752,
§ 1 (2-4.1), 8-9-1976]
(a)
The Township Engineer shall be responsible for the supervision, direction
and control of all engineering matters in the Township. No other engineers,
either as Township employees or on a consulting basis, shall be employed
by the Township except by the Township Manager with the approval of
the Township Council. The engineer shall prepare all plans, specifications
and bidding schedules for all construction, maintenance and repair
of highways, sewers and other construction projects. He shall be project
engineer on Township construction and maintenance projects, and shall
be in charge of all surveys. He shall, to the extent feasible, perform
the necessary design work to support all engineering work. He shall
approve all subDivision, highway, sewer and traffic proposals and
approve highway, occupancy and improvement construction permits.
(b)
The engineer shall attend the regular scheduled meeting of the planning
agency. The engineer shall develop and recommend both short range
and long range capital improvement programs. He shall also advise
the Manager and Council on all matters pertaining to engineering.
[Ord. No. 752,
§ 1 (2-4.2), 8-9-1976]
The highway bureau shall be responsible for street and drainage
maintenance and construction, snow removal, street marking and painting,
street sign erection and maintenance and all other like duties. The
bureau shall be responsible for all equipment used in the execution
of its function.
[Ord. No. 752,
§ 1 (2-4.3), 8-9-1976]
The Sanitation Bureau shall be responsible for the collection
and disposal of all rubbish and shall be responsible for all equipment
used in the execution of its function.
[Ord. No. 752,
§ 1 (2-4.4), 8-9-1976]
The Equipment Maintenance Bureau shall be responsible for the
maintenance and repair of all automotive and construction equipment
used by the Township. It shall establish equipment preventive maintenance
programs including the necessary replacement part procurement and
inventory programs. This bureau shall also perform equipment modifications
in order to meet special Township requirements.
[Ord. No. 752,
§ 1 (2-4.5), 8-9-1976]
The Building Maintenance Bureau shall be responsible for performing
the required janitorial services in Township buildings. These services
shall include all day to day cleaning and servicing of the building
as well as maintenance of building equipment, fixtures and facilities.
[Ord. No. 752,
§ 1 (2-5.1), 8-9-1976]
There shall be a Park and Recreation Director who shall be appointed
by the Township Manager with the advice and consent of the Township
Council.
[Ord. No. 752,
§ 1 (2-5.2), 8-9-1976]
The Park and Recreation Director shall be responsible for the
planning, organization and conduct of all Township sponsored recreational
programs, activities and special events.
[Ord. No. 752,
§ 1 (2-5.3), 8-9-1976]
The Park and Recreation Director shall organize volunteers who,
along with his regular staff, will perform various program activities,
and he shall attend regular meetings with these volunteer groups.
[Ord. No. 752,
§ 1 (2-5.4), 8-9-1976]
The Park and Recreation Director shall report on various program
activities and organizations and shall submit monthly activity reports.
Annual reports shall be prepared, approved by the Township Council,
and reported to Township residents.
[Ord. No. 752,
§ 1 (2-5.5), 8-9-1976]
The Park and Recreation Director shall attend monthly meeting
of Park, Recreation and Shade Tree Advisory Board to plan the orderly
conduct of programs and expenditures.
[Ord. No. 752,
§ 1 (2-5.6), 8-9-1976]
The Park and Recreation Director shall plan approved expansion
of existing Township park areas and plan for future park areas, including
preparation of applications for county, state and federal grant assistance.
[Ord. No. 752,
§ 1 (2-5.7), 8-9-1976]
The Park and Recreation Director shall coordinate joint programs
with other municipalities in the Colonial School District, and arrange
with the Colonial School District for the use of its recreation facilities.
[Ord. No. 752,
§ 1 (2-5.8), 8-9-1976]
The park and recreation maintenance bureau shall, under the
direction of the Park and Recreation Director, perform the maintenance
of park and recreation facilities and buildings.
[Ord. No. 752,
§ 1 (2-5.8), 8-9-1976]
The Code Enforcement Department includes all the license and
inspection functions performed by the Township. It shall include the
areas of health, plumbing, building and zoning, and fire. The individuals
performing the various inspection functions shall have the powers
of Township police officers.
[Ord. No. 752,
§ 1 (2-6.2), 8-9-1976]
There shall be a Plumbing Inspector. The Plumbing Inspector
shall:
[Ord. No. 752,
§ 1 (2-6.3), 8-9-1976]
There shall be a Building Inspector and Zoning Officer. The
Building Inspector and Zoning Officer shall:
(1)
Assure compliance with the building code;
(2)
Enforce the zoning code and orders of the Zoning Hearing Board;
(3)
Receive appeals directed to the Zoning Hearing Board;
(4)
Render required assistance to the Zoning Hearing Board;
(5)
Recommend suggested changes to the building and zoning codes;
(6)
Receive applications for building, use and occupancy, and sign permits,
determine their compliance with the building and zoning codes, and
issue required permits;
(7)
Inspect work in progress.
[Ord. No. 752,
§ 1 (2-6.4), 8-9-1976; Ord. No. 1255, § 1, 2-9-1998]
There shall be an office of Fire Marshal, which office may have
one or more Fire Marshals. Wherever the term "Fire Marshal" is used
in the Plymouth Township Code, such term shall be defined as the office
of Fire Marshal. The office of Fire Marshal shall:
(1)
Ensure the safety and well being of Township citizens and visitors
through prevention, inspection, education and enforcement of all fire
prevention and protection regulations;
(2)
Investigate complaints and causes of fire and prosecute violators;
(3)
Conduct all emergency management needs pertinent to and ensuring
the readiness of emergency forces in the event of a disaster over
and above the day-to-day responses of ambulance, fire and police personnel;
and
(4)
Perform such other duties as required under the Plymouth Township
Code as well as all applicable provisions of federal, state, county
and local laws.
[Ord. No. 752,
§ 1 (2-6.5), 8-9-1976]
There shall be an air pollution control officer. The air pollution
control officer shall have the power, at any time, to enter upon any
premises in the Township where there is suspected to be any source
of air pollution, for the purpose of examining and abating the same
and for any other purpose arising in connection with or in the performance
of his duties.
[Ord. No. 752,
§ 1 (2-6.6), 8-9-1976]
There shall be a Housing Code Enforcement Officer. The Housing
Code Enforcement Officer shall have the power, at any time, to enter
upon any premises within the Township where there is suspected to
be a violation of the Township housing code, for the purpose of examining
and abating the same, and for any other purpose arising in connection
with or in the performance of his duties.
[Ord. No. 752,
§ 1 (2-7.1), 8-9-1976; Ord. No. 1061, § 1, 4-8-1991; Ord.
No. 1194, § 1, 7-15-1996; Ord. No. 1361, § 1, 10-9-2001; Ord.
No. 1396, § 1, 2-10-2003; Ord. No. 1428, § 1, 8-9-2004; Ord.
No. 1509, 2-9-2009, § 1]
(a)
Generally. The Police Department is responsible for maintaining public
order, enforcing public laws and ordinances and taking appropriate
measures to prevent crime and protect lives and property.
(b)
Appointment of police officers; qualifications, etc. The Township
Council shall fix the number and rank of members of the police force.
No police officer shall, at the same time, hold any other public office
other than that of constable. The Council shall prescribe all necessary
rules and regulations for organization of the police force.
(c)
Appointment of superior officers. The department head shall appoint
all officers in all ranks in accordance with the provisions of Division
5 of this Article.
(d)
Service of process; fees. Police officers shall have authority to
serve and execute criminal process and shall charge the same fees
and costs as pertain by law to constables for similar services, but
such fees and costs shall be remitted to the Township finance director
for the use of the Township.
(f)
Badge. The police, when on duty, shall wear or carry a badge or shield
with the words "Plymouth Township Police" inscribed thereon.
(g)
Not to receive fees. No member of the Police Department shall charge
or accept any fee, nor accept any form of compensation for the performance
of police duties, except that paid by the Township.
(h)
Township appropriations and gifts. The Township may make contributions
to the police pension fund and may take, by gift, grant, devise or
bequest, any money or property, real, personal or mixed, in trust
for the benefit of such police pension fund. The care, management,
investment and disposal of such trust funds or property shall be vested
in such officers as the Township Council shall, by ordinance, direct
and shall be governed by such officers, subject to any directions
not inconsistent therewith, as the donors of such funds and property
may prescribe. The Township may also make contributions to any incorporated
police pension fund extending retirement benefits to police officers
of the Township, subject to such conditions as the Township Council
may impose.
(i)
Special fire police. Members of volunteer fire companies in the Township
may be appointed special fire police to act at fires attended by companies
of which they are members and, in addition to their duties as special
fire police, shall have all police powers necessary to perform their
duties when functioning as special fire police at parades, accidents,
floods or other emergencies, when serving at the request of the Township
Council.
(j)
Special police. The Township Council, by resolution, shall authorize
special police who shall have the duty of controlling and directing
traffic at or near schools and churches, and who shall be in uniform
and shall display a badge or other sign of authority, and who shall
be vested with all of the powers of local police officers when performing
such duties. Special police shall serve at the pleasure of the Council
and shall not come within personnel regulations for regular police
officers, nor shall they be eligible to join the police pension fund
maintained for Township police. Compensation shall be fixed by the
Council and shall be paid in the manner directed by the Council.
(k)
Administrative towing fees. An administrative towing fee as established from time to time by resolution of Township Council for each vehicle removed by the contractor under Chapter 19, Article IV Towing Contract, of the Plymouth Township Code, shall be paid by the vehicle owner or lessee or representative of said vehicle owner or lessee.
(l)
Fingerprinting fees. A fingerprinting fee for the fingerprinting
of individuals (not arrested) shall be paid as established from time
to time by resolution of Township Council.
[Ord. No. 1541, 6-15-2010]
(a)
Purpose and objective of the Section. The Council of Plymouth Township
deems it necessary and advantageous to the safety of the persons and
property of the Township to establish the position of the Director
of Public Safety to coordinate the efforts of the Police Department
and the Office of Fire Marshal.
(b)
Director of Public Safety. The Chief of Police of Plymouth Township
shall serve as the Director of Public Safety. The Chief of Police
will not receive any compensation for serving as the Director of Public
Safety.
(c)
Duties of Director of Public Safety. The Director of Public Safety
shall be responsible for the Police Department and the Office of Fire
Marshal. The Director of Public Safety shall:
(1)
Direct and control the overall performance of the Police Department
and Office of Fire Marshal.
(2)
Have the authority required to execute the orders of the Township
Manager and Township Council and shall require the strict enforcement
of ordinances of the Township in matters of public safety, the laws
of the Commonwealth of Pennsylvania and the laws of the United States.
(3)
Maintain relations in an advisory capacity with volunteer fire companies
to insure prompt and efficient firesafety protection for the residents
of Plymouth Township.
(4)
Assist police, fire, rescue and emergency medical services in handling
and coordinating emergency and disaster situations.
