Part Two - Administration Code | http://lowerchitwp.com/township

(a) This volume consists of all ordinances of a general and permanent nature of the Municipality, as revised, codified, arranged, numbered and consolidated into component codes, titles, chapters and sections, and as such shall be known and designated as the Codified Ordinances of the Township of Lower Chichester, 1999, for which designation "Codified Ordinances" may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances.

(b) All references to codes, titles, chapters and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the "Traffic Code." Sections may be referred to and cited by the designation "section" followed by the number, such as "Section 202.01."

202.02 AMENDMENTS AND SUPPLEMENTS; NUMBERING.

(a) The Codified Ordinances of the Township of Lower Chichester may be amended or supplemented at any time and, when any amendment or supplement is adopted in such form as to indicate the intention of the Board of Township Commissioners to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the Codified Ordinances, so that a reference to the Codified Ordinances shall be understood and construed as including the Codified Ordinances of the Township of Lower Chichester and any and all such amendments and supplements.

(b) All amendments and supplements enacted as a part of the Codified Ordinances shall be integrated therewith by following the form of arrangement and plan set forth in the original Codified Ordinances as follows: each Code shall be subdivided into titles and/or chapters, and each chapter shall be subdivided into sections, which shall be numbered in accordance with the decimal numbering system. The numbering of all sections, except penalty sections, shall be consecutive within each chapter commencing with the first section of Chapter 202, which shall be numbered 202.01, the first "2" signifying Code 2, and the two figures "02" before the decimal signifying the chapter within the Code, and the two figures "01" after the decimal signifying the first section in Chapter 202 of the Code. Penalty sections shall be designated "99" and shall be the last section of a chapter.

202.03 DEFINITIONS AND INTERPRETATION.

In the construction of the Codified Ordinances, the following rules and definitions shall control, excepting those inconsistent with the manifest intent of the Board of Township Commissioners as disclosed in a particular provision, section or chapter:

(1) Adopting Ordinance. "Adopting Ordinance" means the ordinance of the Municipality adopting the Codified Ordinances of the Township of Lower Chichester in conformity with the First Class Township Code.

(2) Authority. Whenever in the Codified Ordinances authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.

(3) Board of Township Commissioners. "Board of Township Commissioners" or "Board of Commissioners" means the legislative authority of the Township.

(4) Calendar-Computation of Time. The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.

(5) Conjunctions. "And" includes "or" and "or" includes "and," if the sense so requires.

(6) County. "County" means the County of Delaware, Pennsylvania.

(7) First Class Township Code. "First Class Township Code" means the First Class Township Code of the Commonwealth of Pennsylvania, being the Act of June 24, 1931 (P. L. 1206, No. 331), re-enacted and amended May 27, 1949 (P. L. 1955, No. 569), as amended.

(8) Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.

(9) General Rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language, provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.

(10) Joint Authority. Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.

(11) Keeper and Proprietor. "Keeper" and "proprietor" mean persons, firms, associations, corporations, clubs and copartnerships, whether acting themselves or as a servant, agent or employee.

(12) Land and Real Estate. "Land" and "real estate" include rights and easements of an incorporeal nature.

(13) Law. "Law" means all applicable laws of the United States of America and the Commonwealth of Pennsylvania.

(14) Municipality. "Municipality" means the Township of Lower Chichester, Pennsylvania.

(15) Number. Words in the plural include the singular and words in the singular include the plural.

(16) Oath. "Oath" includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an oath.

(17) Ordinance. "Ordinance" means and includes any ordinance of the Municipality, including any provision of these Codified Ordinances.

(18) Owner. "Owner," when applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property.

(19) Person. "Person" means an individual, association, club, corporation, firm, partnership, body politic or other legal entity.

(20) Premises. "Premises," when used as applicable to property, extends to and includes land and buildings.

(21) Property. "Property" includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property; "real property" includes lands, tenements and hereditaments.

(22) Publish. "Publish" means to print in a newspaper of general circulation in the Municipality the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for inspection.

(23) Reasonable Time. In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or the giving of such notice.

(24) Residence. "Residence" means an abode in which a person permanently resides.

(25) Shall and May. "Shall" is mandatory; "may" is permissive.

(26) Sidewalk. "Sidewalk" means any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

(27) State and Commonwealth. "State" and "Commonwealth" mean the Commonwealth of Pennsylvania.

(28) Street. "Street" means alleys, avenues, boulevards, lanes, roads, streets, State highways and other public ways in the Municipality.

(29) Tenant and Occupant. "Tenant" and "occupant," as applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others.

(30) Tenses. The use of any verb in the present tense includes the future.

(31) Time. Whenever any time established in the Codified Ordinances for the taking of any action expires on a Sunday or a legal holiday, such time shall not expire on such day but shall expire on the next week day.

(32) Township. "Township" means the Municipality of Lower Chichester, Pennsylvania.

(33) Unit. "Unit" means any governmental entity of the Municipality.

202.04 SEPARABILITY OF PROVISIONS.

Each section and each part of each section of these Codified Ordinances, including each section and each part of each section of any standard technical code adopted by reference in these Codified Ordinances, is hereby declared to be an independent section or part of a section and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any such section or part of a section, or any provision thereof, or the application thereof to any person or circumstance, is held to be invalid or unconstitutional, the remaining sections or parts of sections and the application of such provision to any other person or circumstance, other than those as to which it is held invalid or unconstitutional, shall not be affected thereby, and it is hereby declared to be the legislative intent that these Codified Ordinances would have been adopted independently of such section or part of a section so held to be invalid or unconstitutional.

202.05 SECTIONS AND ORDINANCES REPEALED.

All ordinances, resolutions, rules and regulations of the Municipality, and parts of the same, in conflict with any of the provisions of these Codified Ordinances, are hereby repealed.

202.06 EXEMPTIONS FROM REPEAL.

The repeal provided for in Section 202.05 shall not affect:

(a) Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the adoption of these Codified Ordinances;

(b) Any ordinance or resolution promising or guaranteeing the payment of money by or to the Municipality, or authorizing the issuance of any bonds of the Municipality, or any evidence of the Municipality's indebtedness, or any contract or obligation assumed by the Municipality;

(c) The administrative ordinances and resolutions of the Board of Commissioners not in conflict or inconsistent with the provisions of these Codified Ordinances;

(d) Any right, license or franchise conferred by any ordinance or resolution of the Board of Township Commissioners on any person;

(e) Any ordinance or resolution establishing, naming, relocating or vacating any street or other public way;

(f) Any ordinance or resolution or part thereof providing for the establishment of positions, for salaries or compensation;

(g) Any prosecution, suit or other proceeding pending, or any judgment rendered, on or prior to the adoption of these Codified Ordinances;

(h) Any ordinance or resolution levying or imposing taxes or assessments;

(i) Any ordinance or resolution establishing or changing the boundaries of the Municipality; or

(j) Any ordinance or resolution adopted by the Board of Township Commissioners after the adoption of these Codified Ordinances.

202.99 GENERAL CODE PENALTY; COMPLICITY.

(a) Whoever violates or fails to comply with any of the provisions of these Codified Ordinances relating to building, housing, property maintenance, health, fire or public safety, or relating to water, air or noise pollution, including any provision of any standard, technical or other code adopted by reference in these Codified Ordinances, and including any rule or regulation promulgated under authority of any such standard, technical or other code adopted by reference in these Codified Ordinances, or under authority of any other provision of these Codified Ordinances, or under authority of State law, for which no penalty is otherwise provided, shall be fined not more than one thousand dollars ($1,000) plus the costs and expenses of prosecution, including, but not limited to, attorney's fees. For a violation of or noncompliance with any other provision of these Codified Ordinances, for which no penalty is otherwise provided, the offender shall be fined not more than six hundred dollars ($600.00) plus the costs and expenses of prosecution, including, but not limited to, attorney's fees. In default of the payment of any such fine and costs, the offender may be imprisoned for not more than thirty days in the County Jail or Workhouse, for each offense. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The penalty provided for herein shall be in addition to any fee, deposit, charge, surcharge, interest, insurance or bond requirement or equitable remedy provided in these Codified Ordinances, or in any standard, technical or other code adopted by reference in these Codified Ordinances, or in any rule or regulation promulgated under authority of any such standard, technical or other code adopted by reference in these Codified Ordinances, or under authority of any other provision of these Codified Ordinances, or under authority of State law.

(b) Every person who commits or aids or abets in the commission of any act declared in these Codified Ordinances or in any other ordinance of the Borough to be an offense, whether individually or in connection with another person, or as principal, agent or accessory, shall be guilty of such offense. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of these Codified Ordinances or any other ordinance of the Borough shall likewise be guilty of such offense.

Chapter 204

This chapter has been established to provide a place for cross references and any future legislation.

CROSS REFERENCES

Display of flags - see 1st Class § 1502-XXXV

Offenses against flags - see Crimes Code §§ 2101.01 et seq.

Descration of monuments and memorials - see Crimes Code § 5509

Design standards in BP Districts - see P. & Z. 1282.04

Construction standards - see B. & H. Ch. 1462

CHAPTER 206 - Americans With Disabilities Act

206.01 Grievance procedure.

CROSS REFERENCES

Disabled persons - see Crimes Code § 7325

Continuation of hospitalization upon retirement for job-related disability - see ADM. 290.02

Parking for handicapped persons - see TRAF. 460.08

206.01 GRIEVANCE PROCEDURE.

(a) Complaints alleging any action prohibited by the U.S. Department of Health and Human Services regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), should be addressed to the Secretary of the Township of Lower Chichester, who has been designated to coordinate Section 504 compliance efforts.

(b) A complaint should be filed in writing or verbally, contain the name and address of the person filing it and briefly describe the alleged violation of the regulations.

(c) A complaint should be filed within ten days afer the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis.)

(d) An investigation as may be appropriate shall follow a filing of a complaint. The investigation shall be conducted by the Chairman of the Township Commissioners. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.

Under the U.S. Department of Health and Human Services regulations, the Township of Lower Chichester need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.

(e) A written determination as to the validity of the complaint and a description of its resolution, if any, shall be issued by the Secretary of the Township of Lower Chichester and a copy forwarded to the complainant no later than ten days after its filing.

(f) The Section 504 coordinator shall maintain the files and records of the Township of Lower Chichester relating to the complaints filed.

(g) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution of the complaint. The request for reconsideration should be made within ten days to the Township Secretary.

(h) The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies, such as the filing of a Section 504 complaint with the responsible Federal department or agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.

(i) These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the Township of Lower Chichester complies with Section 504 and implementing regulations.

(Res. 84-15. Passed 10-15-84.)

CHAPTER 208 - Emergency Operations Plan

EDITOR'S NOTE: Resolution 88-10, passed October 17, 1988, approved, adopted and placed into effect the Emergency Operations Plan of Lower Chichester Township for the prevention and minimization of injury and damage caused by a major emergency or disaster within the Township, which Plan is to be reviewed annually to assure conformity to the requirements of the Delaware County Emergency Operations Plan. Copies of this resolution and of such Plan may be obtained, at cost, from the Township Secretary.

There are no sections in Chapter 208. This chapter has been established to provide a place for cross references and any future legislation.

CROSS REFERENCES

Application of traffic regulations to emergency vehicles - see Vehicle Code § 3105

Man-made and natural disasters defined - see Crimes Code § 3903

Emergency excavations - see S.U. & P.S. 1022.09

CHAPTER 210 - Open Records Policy

210.01 Requests.

210.02 Fees.

210.03 Responses.

210.04 Appeals process.

210.01 REQUESTS.

Public records will be available for inspection and copying at the Township of Lower Chichester Municipal Building at 1410 Market Street, Linwood, PA 19061, during normal business hours, Monday through Friday, 9:00 a.m. to 4:00 p.m., with the exception of holidays. Requests should be made in writing and directed to the Township Manager, 1410 Market Street, Linwood, PA 19061. Written requests shall be on a form provided by the Township and shall include the date of the request, the name and address of the requestor, and a clear description of the records sought.

(Ord. 2003-07. Passed 4-21-03.)

210.02 FEES.

Paper copies will be twenty-five cents ($0.25) per page per side. If mailing is requested, the cost of postage will be charged. If a disk is requested, it will be provided by the Township at the cost of one dollar ($1.00) per disk. A new disk will be necessary each time records are provided. Fax copies will be available at the cost of fifty cents ($0.50) per page. If "True and Correct Certification" is requested, an additional charge of two dollars ($2.00) will be added. The Township will require prepayment if the total fees are estimated to exceed one hundred dollars ($100.00). If research is required, a research charge of sixty dollars ($60.00) per hour, calculated in fifteen-minute intervals, will be charged.

(Ord. 2003-07. Passed 4-21-03.)

210.03 RESPONSES.

(a) The Township will make a good faith effort to provide the requested public records as promptly as feasible. The Township employees shall cooperate with those requesting to review and/or duplicate original documents while taking reasonable measures to protect documents from the possibility of theft and/or modification. The Township does not provide for electronic access to public records.

(b) The Township Manager shall review all written requests for access to public records. As soon as possible, but no later than five business days after receiving a written request to access public records, the Township Manager shall respond to all such request in a manner consistent with Act 100 of 2002, the Open Records Law.

(Ord. 2003-07. Passed 4-21-03.)

210.04 APPEALS PROCESS.

(a) If a written request is denied or deemed denied, the requestor may file exceptions with the Township Commissioners within fifteen business days of the mailing date of the Township's denial. The exception shall state grounds on which the requestor asserts that the record is a public record and shall address any grounds stated by the Township denying the request.

(b) The Township Commissioners shall make a "final determination" on the exceptions within thirty days of the mailing date of the exceptions. The Township Commissioners may hold a hearing on the issue during the thirty days. If the Township Commissioners determine that the denial was correct, it must provide a written explanation to the requester. The requestor may appeal a final determination to the Common Pleas Court within thirty days of denial or final determination.

(Ord. 2003-07. Passed 4-21-03.)

Title Four - Legislation

CHAPTER 220: Board of Commissioners

220.01 Meetings.

CROSS REFERENCES

Number and election of commissioners in Townships not divided into wards - see 1st Class § 505

General provisions relating to Township officers - see 1st Class §§ 601 et seq.

Township Commissioner - see 1st Class §§ 701-704

220.01 MEETINGS.

(a) The Township Commissioners shall organize on the first Monday of January of each even numbered year, unless the same is a legal holiday, in which case the meetings shall be the first day following. Such reorganization meeting shall be held at the Township Building, and all regularly scheduled public meetings shall be at the Township Building located at 1410 Market Street, Linwood, Pennsylvania.

(Ord. 95-5. Passed 12-18-95.)

(b) The regular monthly meetings of the Board of Commissioners shall be held at the Township Building on the third Monday of each month at 7:30 p.m., prevailing time, unless the same is a legal holiday, in which case the meeting shall be held the first day thereafter, not a legal holiday, at the same hour and place.

(Ord. 2. Passed 3-22-06; Res. 81-4. Passed 1-19-81.)

CHAPTER 222: Ordinances and Resolutions

222.01 Cost of copies.

CROSS REFERENCES

Arrest of violators - see 1st Class §§ 1403, 3302

Adoption of ordinances and resolutions - see 1st Class § 1502-I

Authority to adopt - see 1st Class §§ 1502-I, 1502-LII

Enforcement of ordinances - see 1st Class §§ 3301 et seq.

Codified Ordinances - see ADM. Ch. 202

222.01 COST OF COPIES.

Anyone applying for copies of Township ordinances or resolutions shall pay the sum of ten dollars ($10.00). Copies of the Building Code, the Zoning Code and the Plumbing Code shall cost fifteen dollars ($15.00).

(Res. 85-16. Passed 10-21-85.)

TITLE SIX - Administration

CHAPTER 230: Auditor

EDITOR'S NOTE: There are no sections in Chapter 230. This chapter has been established to provide a place for cross references and any future legislation.

CROSS REFERENCES

Election - see 1st Class § 520

Generally - see 1st Class §§ 1001-1019

Auditing books and records in Volunteer Fire Company - see ADM. 246.05

CHAPTER 232: Solicitor

EDITOR'S NOTE: There are no sections in Chapter 232. This chapter has been established to provide a place for cross references and any future legislation.

CROSS REFERENCES

Generally - see 1st Class §§ 1201 et seq.

Summary of proposed ordinances prepared by - see 1st Class § 1502-I

Social Security for Solicitor - see ADM. 290.04(e)

CHAPTER 234: Secretary

EDITOR'S NOTE: There are no sections in Chapter 234. This chapter has been established to provide a place for cross references and any future legislation.

CROSS REFERENCES

Orders for payment of money attested by - see 1st Class § 804

Generally - see 1st Class §§ 901 et seq.

CHAPTER 236: Treasurer

236.01 Interest rates for claims and liens.

236.02 Tax discounts and penalties.

236.03 Insurance proceeds from fire-damaged buildings.

236.04 Collection of Municipal claims; attorneys' fees.

236.05 Tax certification fee.

CROSS REFERENCES

Election - see 1st Class § 510

Generally - see 1st Class §§ 801-808

236.01 INTEREST RATES FOR CLAIMS AND LIENS.

The interest rate for all tax and utility claims shall be ten percent. The interest rate for all liens for Municipal projects shall be twelve percent.

(Res. 81-9. Passed 12-21-81.)

236.02 TAX DISCOUNTS AND PENALTIES.

(a) All taxpayers subject to the payment of taxes to the Township shall be entitled to a discount of two percent from the amount of such tax upon making payment of the whole amount thereof within two months after the date of the tax notice.

(b) All taxpayers subject to the payment of taxes to the Township, who shall fail to make payment of any such taxes charged against them for four months after the date of the tax notice, shall be charged a penalty of ten percent, which penalty shall be added to the taxes by the Tax Collector and be collected by him or her.

(Ord. 76-4. Passed 11-15-76.)

236.03 INSURANCE PROCEEDS FROM FIRE-DAMAGED BUILDINGS.

(a) The Municipal Treasurer or such official's designee is hereby appointed as the designated officer, who is authorized to carry out all responsibilities and duties stated herein.

(b) No insurance company, association or exchange (hereinafter the "insuring agent"), doing business in the Commonwealth of Pennsylvania, shall pay a claim of a named insured for fire damage to a structure located within the Township of Lower Chichester (hereinafter the "Municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds five thousand dollars ($5,000), unless the named insured or insuring agent is furnished by the Municipal Treasurer with a Municipal certificate pursuant to Section 508 (B) of Act 98 of 1992 and unless there is compliance with Section 508 (C) and (D) of Act 98 of 1992 and the provisions of this section.

(c) Where, pursuant to Section 508 (B)(1)(I) of Act 98 of 1992, the Municipal Treasurer issues a certificate indicating that there are no delinquent taxes, assessments, penalties or user charges against real property, the insuring agent shall pay the claim of the named insured, provided, however, that if the loss agreed upon by the named insured and the insuring agent equals or exceeds sixty percent of the aggregate limits of liability on all fire policies covering the building restructure, the following procedures must be followed:

(1) The insuring agent shall transfer from the insurance proceeds to the designated officer of the Municipality in the aggregate of one thousand dollars ($1,000) for each twenty thousand dollars ($20,000) of a claim and for each fraction of that amount of a claim, this section to be applied such that if the claim is twenty thousand dollars ($20,000) or less, the amount transferred to the Municipality shall be one thousand dollars ($1,000), or

(2) If, at the time of a proof of loss agreed to between the named insured and the insuring agent, the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, the insuring agent shall transfer to the Municipality from the insurance proceeds the amount specified in the estimate.

(3) The transfer of proceeds shall be on a pro rata basis by all companies, associations or exchanges insuring the building or other structure.

(4) After the transfer, the named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, and the designated officer shall return the amount of the funds transferred to the Municipality in excess of the estimate to the named insured if the Municipality has not commenced to remove, repair or secure the building or other structure.

(5) Upon receipt of proceeds under this section, the Municipality shall do the following:

A. The designated officer shall place the proceeds in a separate fund to be used solely as security against the total costs incurred by the Municipality in removing, repairing or securing the building or other structure. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Municipality in connection with such removing, repairing or securing of the building or any proceedings relating thereto.

B. It is the obligation of the insuring agent, when transferring the proceeds, to provide the Municipality with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, the designated officer shall contact the named insured, certify that the proceeds have been received by the Municipality and notify the named insured that the procedures under this section shall be followed.

C. When removing, repairing or securing of the building or other structure has been completed in accordance with all applicable regulations and orders of the Municipality, and the required proof of such completion received by the designated officer, and if the Municipality has not incurred any costs for removing, repairing or securing of the building or other structure, the fund shall be returned to the named insured. If the Municipality has incurred costs for removing, repairing or securing of the building or other structure, the costs shall be paid from the fund, and if excess funds remain, the Municipality shall transfer the remaining funds to the named insured.

D. To the extent that interest is earned on proceeds held by the Municipality pursuant to this section, and not returned to the named insured, such interest shall belong to the Municipality. To the extent that proceeds are returned to the named insured, interest earned on such proceeds shall be distributed to the named insured at the time that the proceeds are returned.

(6) Nothing in this section shall be construed to limit the ability of the Municipality to recover any deficiency. Further, nothing in this section shall be construed to prohibit the Municipality and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.

(d) Where, pursuant to Section 508 (B)(1)(II) of Act 98 of 1992, the Municipal Treasurer issues a certificate and bill showing the amount of delinquent taxes, assessments, penalties and user charges against the property, as of the date specified in the request, that have not been paid as of the date of the certificate, and also showing, as of the date of the Treasurer's certificate, the total costs, if any, that have been incurred by the Municipality for removing, repairing or securing of a building or other structure on the property, which costs have been certified to the Treasurer by the Municipality, then the insurance company, upon the receipt of a certificate and bill pursuant to this subsection, shall return the bill to the Treasurer and transfer to the Treasurer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill. The Municipality shall receive the amount and apply or credit it to payment of the items shown on the bill.

(e) The Board of Commissioners may, by resolution, adopt procedures and regulations to implement Act 98 of 1992 and this section and may, by resolution, fix reasonable fees to be charged for Municipal activities or services provided pursuant to Act 98 of 1992 and this section, including, but not limited to, issuance of certificates and bills, performance of inspections and opening of separate accounts.

(f) Any owner of property, any named insured, or any insuring agent, who violates this section, shall, upon conviction thereof, be fined the maximum amount provided from time to time by State statute.

(Ord. 93-2. Passed 2-15-93.)

236.04 COLLECTION OF MUNICIPAL CLAIMS; ATTORNEYS' FEES.

(a) Fee Schedule; Scope of Services. For any and all Municipal claims or Municipal liens or delinquent sewer rentals or refuse disposal fees, the Township shall assess attorneys' fees at the rate of one hundred twenty-five dollars ($125.00) per hour for all services rendered by an attorney, be it the Township Solicitor or outside counsel, for the collection of the aforementioned claims, which include, but are not limited to: review of claims and correspondence to each and every party involved; lien filing; preparation of all pleadings, motions, petitions, praecipes or other legal documents in association with any litigation; correspondence, letters or memoranda; telephone calls or conferences; legal research; travel time or transportation costs; witness preparation; preparation or consultations with expert witnesses; conversations, meetings and conferences with any Township official; investigation time or expenses; review of correspondence, pleadings, motions, petitions, praecipes, etc. from a taxpayer or the taxpayer's lawyer; conferences, meetings or review of correspondence to and from third parties, such as banks, mortgage companies, real estate agents, title agents, abstract firms, insurance companies, etc.; preparation time for hearings, trials or any other proceeding; meetings, correspondence, conversations, etc., with all court officials, constables, sheriffs or others involved in the prosecution and/or collection of the Municipal claim, lien or delinquency; and time for attendance at any hearing, trial, judicial conference or other proceeding; and all charges, expenses and fees incurred in the collection of any delinquent account.

(b) Penalty. In addition to the above schedule, a penalty of ten percent shall be added for each and every year that said claim is outstanding.

(c) Interest. In addition to the above schedule, interest at the rate of three-quarters of one percent (.75%) per month shall be added to each and every delinquent amount.

(d) Waiver. The Board of Commissioners may waive these charges in cases of serious hardship, on a case by case basis, pursuant to uniform policies.

(e) Amendment of Schedule. The Board of Commissioners may, from time to time, amend this schedule of attorneys' fees either by enacting a new ordinance or through inclusion of a new schedule of attorneys' fees during the enactment of the yearly tax levy ordinance which contains other Township charges and fees on a yearly basis.

(Ord. 00-1. Passed 5-15-00.)

236.05 TAX CERTIFICATION FEE.

A fee of five dollars ($5.00) will be charged by the Tax Collector of the Township for tax certifications for each year requested by an applicant.

(Res. 00-4. Passed 2-21-00).

CHAPTER 238: Administrative Officer

238.01 Establishment of position; duties.

CROSS REFERENCES

Police Pension Plan - see ADM. Ch. 294

Storage of flammable liquids - see F.P. 1610.05 (BOCA 3207.6)

238.01 ESTABLISHMENT OF POSITION; DUTIES.

There is hereby established, in and for the Township, the office of Administrative Officer for the processing of the liquid fuel tax and the Police Pension Fund and for performing such other duties as may be assigned by the Board of Commissioners.

(Res. 80-11. Passed 2-18-80.)

CHAPTER 240: Health Officer

240.01 Inspection fee.

CROSS REFERENCES

Health regulations - see 1st Class § 1502-XLIV

Board of Health - see 1st Class §§ 1601-1614; ADM. 266

Appointment of Health Officers - see 1st Class § 1603

240.01 INSPECTION FEE.

The fee for inspection by the Township Health Officer shall be thirty-five dollars ($35.00) which sum may be changed from time to time by the Board of Commissioners.

(Res. 83-11. Passed 3-28-83.)

CHAPTER 242: Engineer

EDITOR' S NOTE: The Township contracts from time to time for the services of an engineer or firm of engineers, designated the Township Engineer, or just the Engineer.

There are no sections in Chapter 242. This chapter has been established to provide a place for cross references and any future legislation.

CROSS REFERENCES

Generally - see 1st Class §§ 1301 et seq.

Real estate registry - see 1st Class §§ 1310 et seq.

Duties re liens for sidewalk work - see 1st Class § 2303

Duties re liens for removal of diseased trees - see 1st Class § 3027.1

CHAPTER 244: Police Department

244.01 Police Sergeant.

244.02 Part-time police officers.

244.03 Authority of Board of Commissioners re retirement.

244.04 Copies of accident reports.

s44.05 Recovery of costs of police services.

CROSS REFERENCES

Civil service for police - see 1st Class §§ 625 et seq.

Generally - see 1st Class §§ 1401-1416

Power to establish and define duties - see 1st Class § 1502-V

Hometown Citizens Watch - see ADM. Ch. 286

Police Pension Plan - see ADM. Ch. 294

244.01: POLICE SERGEANT.

(a) The position of Sergeant is hereby established in the Township Police Department.

(Res. 405. Passed 4-18-66.)

(b) The annual salary shall be as established from time to time by the Board of Commissioners.

(Adopting Ordinance)

(Res. 405. Passed 4-18-66.)

244.02 PART-TIME POLICE OFFICERS.

The position of part-time police officer is hereby established in the Township Police Department.

(Ord. 401. Passed 10-2-67.)

244.03 AUTHORITY OF BOARD OF COMMISSIONERS RE RETIREMENT.

The Board of Commissioners may retire any full-time police officer upon his or her becoming eligible for pension benefits under the terms of the Township Police Pension Fund.

(Ord. 73-6. Passed 6-25-73.)

244.04 COPIES OF ACCIDENT REPORTS.

There is hereby established a charge of fifteen dollars ($15.00) for all copies of police accident reports, which monies shall be deposited into the General Fund.

244.05 RECOVERY OF COSTS OF POLICE SERVICES.

(a) Findings; Intent. It is hereby found and determined that:

(1) Certain private properties require a disproportionate amount of police service with many calls requiring a response to maintain order and public peace and to stop public disturbances so that there are fewer police personnel and resources available for other locations, emergencies and duties in the Township, and extraordinary police service at such properties puts a disproportionate and unfair burden upon the citizens and taxpayers of the Township;

(2) Owners and/or rental agents in charge of such private properties derive a benefit from such police service;

(3) Owners and/or rental agents in charge of such private properties have a responsibility to manage their properties to minimize required police service, to maintain order and public peace, to stop public disturbances, to minimize the burden upon citizens and taxpayers of the Township and to promote the health, safety and welfare of the public in general;

(4) Owners and/or rental agents in charge of such private properties can minimize required police service to maintain order and public peace and to stop public disturbances by diligent and strict management and regulation of their properties; and

(5) Assessment of costs as provided in this section is reasonable and will have a deterrent effect and encourage more responsible management of such properties.

It is not the intent of this section to discourage or suppress requests for police service, but rather to encourage and stimulate diligent and strict management and regulation of private property by owners and/or rental agents in charge.

(b) Definitions.

(1) Owner: A person, corporation or other entity comprising the record owner of any land or building.

(2) Police service costs: An amount fixed by Township Commissioners to cover the estimated compensation of officers for the amount of time normally spent in responding to a call or otherwise maintaining order and public peace and stopping disturbances, appropriate administrative costs allocable thereto, and medical treatment to injured officers and the cost of repairing damaged Township equipment or property. This amount shall be fixed from time to time and shall be based upon an average cost for a typical police response.

(3) Private property: Any land or building, including single and multi-family dwellings and commercial and industrial buildings, not owned by a public entity.

(4) Public disturbances: Any party, gathering, event or disturbance involving disorderly conduct as described by the Pennsylvania statutes.

(5) Public entity: Any Federal, State or local government or school district or any agency or authority created or organized thereby.

(c) Payment by Owners and/or Rental Agents of Police Service Costs. Every owner of private property and/or rental agent with responsibility to manage private property within the Township is required to pay police service costs to maintain order and public peace and to stop public disturbances at such private property, for each response by the police in excess of one response per thirty-day period, in the amount of sixty dollars ($60.00) per hour per patrol officer and police car or in an amount fixed by resolution of the Board of Commissioners. However, police service in connection with crimes against residents and/or property by persons not residing thereon or invited guests or otherwise lawful occupants of the private property shall not be considered responses for purposes of this section. Further, police service in connection with spousal abuse or abuse of children by parents or in connection with crimes classified as misdemeanors or felonies under the Pennsylvania Crimes Code shall not be considered responses for purposes of this section.

(d) Notice to Owner and/or Rental Agent. The Chief of Police or other duly authorized agent of the Township shall notify the owner of private property and/or a rental agent with responsibility to manage private property that a response has been made to such property to maintain order or public peace or to stop a public disturbance. Such notice shall be given by regular mail to the last known address of such owner and/or rental agent. However, an owner and/or rental agent with responsibility to manage private property shall be required to pay police service costs in accordance with subsection (c) hereof whether or not such notice has been given.

(e) Billing. Police service costs due in accordance with subsection (c) hereof shall be billed to the owner and/or rental agent with responsibility to manage private property by the Township Secretary of his or her duly authorized agent and shall be due and payable within thirty days of such billing.

(f) Failure to Pay. Unpaid police service costs may be collected by civil action by the Township against the owner and/or rental agent with responsibility to manage private property and/or may be imposed or assessed against such private property as a Municipal claim under the Act of May 16, 1923, P.L. 207, as amended (53 P.S. § 7101.) In either event, a penalty of ten percent and interest at the rate of ten percent per annum shall be added and collected as provided by law.

(Ord. 95-1. Passed 7-17-95; Res. 95-9. Passed 7-17-95.)

CHAPTER 246: Volunteer Fire Company

246.01 Designation.

246.02 Fire district.

246.03 Delegation of responsibility.

246.04 Budget; appropriation of funds.

246.05 Auditing of books and records.

246.06 Fire Committee.

246.07 Fire Marshall; Deputy Fire Marshall.

246.08 Violations.

246.09 Costs of volunteer fire company services; recovery.

246.99 Penalty.

CROSS REFERENCES

Sale of real or personal property to - see 1st Class § 1501-II

Appropriations for fire companies; regulations - see 1st Class § 1502-XVI

Appropriations for insurance or compensation - see 1st Class § 1502-XXIII

Tax levy for fire protection - see 1st Class § 1709 - Two

Purchase contracts for petroleum products - see 1st Class § 1804-1

BOCA National Fire Prevention Code - see F.P. Ch. 1610

246.01 DESIGNATION.

The Lower Chichester Volunteer Fire Company, now in service in the Township of Lower Chichester, is hereby designated as the duly recognized Fire Company in the Township.

(Ord. 92-19. Passed 12-21-92.)

246.02 FIRE DISTRICT.

For the purpose of fire protection, fire prevention and fire extinguishment within the entire territorial limits of the Township, the Township of Lower Chichester shall consist of one fire district known as District I.

(Ord. 92-19. Passed 12-21-92.)

246.03 DELEGATION OF RESPONSIBILITY.

All fire protection, fire prevention and fire extinguishment activities within the area of District I shall be the primary and exclusive responsibility of the Lower Chichester Volunteer Fire Company. No other Volunteer Fire Company located within the territorial limits of the Township is authorized to respond to any fire within the territorial limits and fire district of Lower Chichester Township, or to engage in extinguishment of fires within the territorial limits and fire district of Lower Chichester Township.

(Ord. 92-19. Passed 12-21-92.)

246.04 BUDGET; APPROPRIATION OF FUNDS.

The Lower Chichester Volunteer Fire Company shall prepare, and the Fire Committee shall receive and transmit to the Commissioners of Lower Chichester Township, an annual budget for the operation of the said Fire Company. Upon receipt of the said budget, the Board of Commissioners may, in its discretion, appropriate Township funds to be paid directly to the Fire Company, in such amounts, at such times during the year, and for such authorized fire protection purposes, as the Commissioners shall direct. Any Township funds so appropriated and paid shall be used by the Fire Company for authorized and budgeted fire protection purposes and for no other purpose or use. The said budget shall be submitted to the Commissioners no later than October 1 of each year.

(Ord. 92.19. Passed 12-21-92.)

246.05 AUDITING OF BOOKS AND RECORDS.

Promptly after the close of each calendar year, beginning with 1993, the Lower Chichester Volunteer Fire Company, which has received Township funds during such year, shall make its books and records available to the Township Auditor, who shall proceed to examine said books and records to determine whether Township funds have been used for the purpose appropriated and budgeted as aforesaid. The powers and duties of said Auditor in performing said audit shall be the same as prescribed for the auditing of Township accounts under the First Class Township Code.

(Ord. 92-19. Passed 12-21-92.)

246.06 FIRE COMMITTEE.

The Fire Committee shall be composed of five persons: two persons appointed by the Township Commissioners on an annual basis beginning on the first Monday of January of each year; the Fire Marshall of Lower Chichester Township; and two persons appointed by the Lower Chichester Volunteer Fire Company. It is intended that of the two persons appointed by the Volunteer Fire Company, one will be conversant with fire equipment and the other with the Fire Company's finances. The Committee shall be composed so that, in voting on any matters which will constitute recommendations or positions of the Committee, the Fire Company shall have one vote, the representatives appointed by the Township shall each have one vote and the Township Fire Marshall shall have one vote, constituting a total of four votes, three of which shall be necessary to constitute a recommendation or a binding position of the Committee. The function of the Committee shall be to coordinate the matters of mutual concern between the Township and the Fire Company. It shall form the exclusive liaison between the Fire Company and the Township.

(Ord. 92-19. Passed 12-21-92.)

246.07 FIRE MARSHALL; DEPUTY FIRE MARSHALL.

The Board of Commissioners shall appoint a Fire Marshall, whose appointment shall be by a majority vote of the Board. The first appointee to the office of Fire Marshall shall serve until the first Monday in January, 1994. All succeeding appointees to the office of Fire Marshall shall be appointed for and shall serve for a term of one year until the first Monday in January of each succeeding year. The Fire Marshall shall have the authority to appoint, with confirmation of the Board of Commissioners, a Deputy Fire Marshall, as deemed necessary, whose appointment shall be for a period of one year. The Fire Marshall shall investigate and keep a permanent record of the cause, origin and circumstances of every fire and the damage resulting therefrom occurring within the Township immediately after the occurrence of such fire. These records shall be open to public inspection. The Fire Marshall shall also submit to the Board of Commissioners an annual report consolidating such information, which is to be submitted at the first meeting of the Board in January of each year.

The Fire Marshall and the Deputy Fire Marshall shall serve without compensation, except such as may be fixed by the Board of Commissioners.

(Ord. 92-19. Passed 12-21-92.)

246.08 VIOLATIONS.

No person shall engage in fire protection, fire prevention or fire extinguishment activities in the Township in violation of any of the provisions of this chapter.

(Ord. 92-19. Passed 12-21-92.)

246.09 COSTS OF VOLUNTEER FIRE COMPANY SERVICES; RECOVERY.

(a) Definitions.

(1) "Lower Chichester Volunteer Fire Company costs" means an amount fixed by Township Commissioners to cover the estimated compensation of fire personnel for the amount of time normally spent in responding to a call, with attendant fire fighter duties and/or clean up requirements, and other appropriate costs allocable thereto, together with the cost of repairing damaged fire company equipment or property. This amount shall be fixed from time to time by resolution by the Board of Commissioners.

(2) "Owner" means a person, corporation or other entity comprising the record owner of any land or building, motor vehicle, or who causes any accident or incident by which the Lower Chichester Volunteer Fire Company must respond in order to fight the said fire, contain the said incident and/or clean up the said incident, which shall include emergency, police, fire, medical or hazard emergency, explosion, leak of toxic gas, liquified or solid or potential leak or explosion.

(b) Payment by Owners of Volunteer Fire Company Costs. Every owner or negligent party who causes a call to be made which requires a response by the Lower Chichester Volunteer Fire Company shall be required to pay the costs of said response, together with any and all clean-up costs associated therewith. This amount shall be fixed from time to time and, shall be based upon an average costs for a typical volunteer fire company response. Said amount may be changed from time to time by resolution of the Board of Commissioners.

(c) Volunteer Fire Company Service Costs Due. In accordance with this section, costs shall be billed to the owner and/or negligent party with responsibility concerning the said fire call by the Secretary of Lower Chichester Volunteer Fire Company or his or her duly authorized agent and shall be due and payable within thirty days of such billing.

(d) Unpaid Volunteer Fire Company Costs. All costs may be collected by civil action by the Township and/or by the Lower Chichester Volunteer Fire Company against the owner and/or negligent party, with responsibility as to why the response by the Volunteer Fire Company was necessary.

(e) Fees.

(1) Vehicle accidents. The fee for vehicle accidents for the stabilization of vehicles, removal of hazard or the extrication of victims is three hundred fifty dollars ($350.00) per vehicle involved.

(2) Vehicle fires. The fee for extinguishment of a vehicle fire is three hundred fifty dollars ($350.00) per vehicle involved.

(3) Hazardous materials. The fee for a hazardous materials accident will be a flat rate of six hundred dollars ($600.00) per hour plus the cost of any Lower Chichester Fire Company property that is damaged. Minimum rate one hour.

(4) Service call. The fee for a service call will be a flat rate of one hundred fifty dollars ($150.00) per hour for each Lower Chichester Fire Company vehicle that is committed to the scene. Minimum rate one hour.

(5) House fires. The fee for extinguishment of a house fire is five hundred dollars ($500.00) per house involved.

(Ord. 2003-05. Passed 4-21-03; Res. 2005-05. Passed 4-18-05.)

246.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 for the general Code penalty if no specific penalty is provided.)

Title Eight - Boards, Commissions, Committees, Councils and Agencies

CHAPTER 260: Planning Commission

EDITOR'S NOTE: Provisions relating to the Planning Commission are codified in Chapter 1220 of the Planning and Zoning Code.

CHAPTER 262: Zoning Hearing Board

EDITOR'S NOTE: Provisions relating to the Zoning Hearing Board are codified in Chapter 1264 of the Planning and Zoning Code.

CHAPTER 264: Civil Service Commission

264.01 Approval of rules and regulations.

CROSS REFERENCES

Generally - see 1st Class §§ 625 et seq.

Employees generally - see ADM. Ch. 290

264.01 APPROVAL OF RULES AND REGULATIONS.

The rules and regulations submitted by the Civil Service Commission of the Township are hereby approved.

(Res. 82-21. Passed 12-1-82.)

CHAPTER 266: Board of Health

266.01 Organization; meetings; oath.

266.02 President.

266.03 Secretary.

266.04 Health Officer.

266.05 Compensation.

CROSS REFERENCES

Health regulations - see 1st Class § 1502-XLIV

Board of Health - see 1st Class §§ 1601-1614

Appointment of Health Officers - see 1st Class § 1603

Health Officer - see ADM. Ch. 240

Regulations of the Board - see GEN. OFF. 674.11

266.01 ORGANIZATION; MEETINGS; OATH.

(a) The Board of Health shall be organized on the first Thursday of February of each and every year.

(b) Regular meetings shall be held by the board on the first Thursday of each month at 7:30 p.m. Special meetings shall be called by the President of the Board or at the request of two members thereof.

(c) The members of the Board shall severally take and subscribe the oath prescribed for Township officers. A magistrate shall have full power to administer such oaths.

(Ord. 363. Passed 9-17-62.)

266.02 PRESIDENT.

(a) The Board of Health shall elect a President to serve for the term of one year, or until his or her successor is elected.

(b) Should the President be absent at a meeting, the Vice-President shall preside. Should the President and Vice-President be absent, a Chairperson for the meeting shall be elected pro tem.

(1) He or she shall preside at all meetings.

(2) He or she shall appoint all committees of the Board.

(3) He or she shall fulfill such other duties as are usually allotted to an executive officer.

(4) He or she shall administer such oaths or affirmations in any proceeding or investigation involving the regulations of the Board.

(Ord. 363. Passed 9-17-62.)

266.03 SECRETARY.

(a) The Board of Health shall elect a Secretary to serve for one year, or until his or her successor is elected and qualified. He or she shall also take and subscribe to the oath required by members of the Board.

(b) The duties of the Secretary shall be as follows:

(1) He or she shall keep careful and accurate minutes of all proceedings of the Board, prepare under the direction of the Board the annual report to the Township Commissioners, and perform such other and further duties as the Board may require.

(2) He or she shall report to the State Department of Health at the end of each week, and for the fraction of each week occurring at the end of each month, upon blanks supplied by the Department of Health for that purpose, a list of the cases of communicable diseases enumerated in Section 2 of the Act of April 23, 1956.

(3) He or she shall perform such other appropriate duties as the Board may require.

(4) He or she shall administer such oaths or affirmations in any proceeding or investigation involving the regulations of the Board.

(Ord. 363. Passed 9-17-62.)

266.04 HEALTH OFFICER.

(a) The Board of Commissioners shall elect a Health Officer who is not a member of the Board of Health and who shall serve for a term of two years, or until such time as his or her successor may be elected and qualified. He or she shall also take and subscribe to the oath required by members of the Board.

(b) The duties of the Health Officer shall be as follows:

(1) He or she shall attend all regular meetings and special meetings of the Board and shall at all times be ready and available for the prompt performance of his or her official duties.

(2) At least every six months, he or she shall visit each street, lane and alley of the Township and all premises where the business conducted thereon may give rise to a nuisance as defined in Section 674.10 of the General Offenses Code. He or she shall report his or her findings to the Board at the first monthly meeting after the six-month period.

(3) Twice annually, and at such other times as the Board may direct, the Health Officer shall visit and thoroughly inspect each and every business establishment and public building within the Township and report his or her findings thereon to the Board of Health.

(4) Upon the receipt of a report from a physician of a case of a communicable disease, which, under the laws of the Commonwealth, the rules and regulations of the State Department of Health, or the rules and regulations of this Board, is required to be placed under quarantine, the Health Officer shall forthwith place the premises upon which such contagious disease exists under quarantine, together with any person who has been exposed thereto, in the manner provided by the laws of the Commonwealth, the rules and regulations of the State Department of Health and the rules and regulations of this Board, and shall post upon the premises in which said disease may be located a placard upon which shall be printed, in conspicuous letters, the name of the disease from which the person is suffering, with the warning that the said premises are quarantined and shall so remain until the quarantine is removed by the Health Authorities and the conditions thereon are improved.

(5) The Health Officer shall, upon the receipt of information from any source that a case or cases of quarantinable disease exist on any premises, go to such premises and make an extensive investigation concerning such report. If it is admitted by the householder that there is a case or cases of quarantinable disease on the premises, he or she shall immediately placard and quarantine the premises in the manner provided in paragraph (b)(4) hereof. If it is admitted that the disease exists and the house is quarantined, or if it is not admitted, but the Health Officer has reason to believe that a case of quarantinable disease may exist on the premises, it shall be his or her duty to take with him or her on the premises the physician of the Board, who shall make an investigation and diagnosis, and if the case is quarantinable, said physician shall thereupon regularly report the case to the Board in the manner required by law, and if quarantinable and not already placed under quarantine, the Health Officer shall thereupon immediately quarantine the premises in accordance with the provisions of paragraph (b)(4) hereof.

(6) The Health Officer shall thoroughly acquaint himself or herself with the provisions of the Act of April 23, 1956, Article 355, the rules and regulations of the State Department of Health, ordinances of the Township for the protection of public health, and the rules and regulations of this Board, and shall perform such other and further duties regarding the quarantining and disinfection of premises and persons, and the isolation of children from public and other schools, as may be required by the aforesaid laws, regulations and ordinances. He or she shall promptly notify the principals, superintendents, teachers and other persons in charge of public, private, parochial, Sunday and other schools of the Township of all cases of communicable diseases occurring within the Township for which isolation from school is required by law, giving the names of all pupils or other persons suffering from such disease or having been in contact therewith, and, further, giving notification that such pupils and other persons shall be excluded from school and shall be permitted to return only upon a certificate signed by the Health Officer or a physician authorized to do so by the Board of Health.

(7) At the expiration of a quarantine period, the Health Officer shall assure himself or herself that the persons and clothing of all individuals affected by said quarantine have been disinfected in accordance with the regulations of the State Department of Health.

(8) The Health Officer shall fumigate all rooms and personal property on the premises, which, by the regulations of the State Department of Health, require disinfection.

(9) Under the direction of the Board of Health, the Health Officer, in his or her official capacity, shall act as prosecutor in all cases of violation of health laws, ordinances or rules and regulations, or in any prosecution for the abatement of a nuisance detrimental to public health.

(10) The Health Officer shall inspect all stores and storage rooms where foodstuffs are sold, cooked or prepared in any manner, at least once each six months, unless, in the opinion of the Board of Health, conditions warrant a more frequent inspection. He or she shall make a written report of his or her findings to the Board of Health at least once each month. This section shall not be deemed to conflict with the provisions of paragraph (b)(3) hereof.

(11) The Health Officer shall perform such other appropriate duties as the Board of Health requires.

(12) The Health Officer must submit a written report to the Board of Health of all his or her complaints and the action he or she takes relative thereto.

(13) The Health Officer shall sign visas for persons leaving the country.

(Ord. 363. Passed 9-17-62.)

266.05 COMPENSATION.

The Secretary and the Health Officer shall receive such salaries as may be fixed from time to time by the Board of Commissioners.

(Ord. 363. Passed 9-17-62.)

CHAPTER 268: Air Pollution Control Board

268.01 Establishment.

268.02 Duties.

CROSS REFERENCES

Smoke control - see 1st Class § 1502-XXIX

Antipollution equipment - see Vehicle Code §§ 4521 et seq.

Smoke detectors - see B. & H. Ch. 1472

268.01 ESTABLISHMENT.

There is hereby established in and for the Township, an Air Pollution Control Board.

(Res. 417. Passed 9-19-66.)

268.02 DUTIES.

The duties of the Air Pollution Control Board shall be to receive complaints: investigate, evaluate and report on conditions of air pollution in the Township; and confer with any Township, State or Federal board or agency with a view to correcting any air pollution condition in the Township.

(Res. 417. Passed 9-19-66.)

CHAPTER 270: Joint Environmental Advisory Council

270.01 Establishment.

270.02 Composition; membership.

270.03 Functions.

270.04 Meetings.

270.05 Powers and duties.

CROSS REFERENCES

Safety, sanitation and health generally - see GEN. OFF. Ch. 674

Health Board regulations - see GEN. OFF. 674.11

Garbage and rubbish nuisances - see S.U. & P.S. 1060.10

Solid waste management - see S.U. & P.S. 1062.07

General Plan - see P. & Z. Ch. 1222

270.01 ESTABLISHMENT.

An Environmental Advisory Council is hereby established jointly with the communities of Marcus Hook Borough and Trainer Borough, which shall continue to function until this chapter is repealed.

(Ord. 91-3. Passed 3-11-91.)

270.02 COMPOSITION; MEMBERSHIP.

(a) The Environmental Advisory Council shall be composed of six members, two residents representing each of the three municipalities.

(b) Council members shall be appointed in accordance with the following procedures:

(1) Each governing body shall appoint two members to the Council.

(2) Council members' terms of office shall expire on the first Monday in January following the last year of their term of office.

(3) Duly appointed Council members shall serve a term of three years, except that initial appointments shall be so staggered that the terms of one-third of the membership shall expire each year.

(Ord. 91-3. Passed 3-11-91.)

270.03 FUNCTIONS.

The Environmental Advisory Council is to be advisory to and shall coordinate its activities with elected officials, planning commissions, recreation and park boards and other such local government agencies within the municipalities of Lower Chichester Township, Marcus Hook Borough and Trainer Borough.

(Ord. 91-3. Passed 3-11-91.)

270.04 MEETINGS.

Meetings of the Environmental Advisory Council shall be held at the call of the Chairperson and at such other times as the Council shall determine. All meetings of the Council shall be open to the public. The Council shall keep records of its meetings and activities and shall make an annual report to be made available to the governing bodies of the three municipalities.

(Ord. 91-3. Passed 3-11-91.)

270.05 POWERS AND DUTIES.

The Environmental Advisory Council shall have the following powers and duties:

(a) Identify environmental problems.

(b) Recommend plans and programs to the appropriate agencies for the promotion and conservation of the natural resources and for the protection and improvement of the quality of the environment within the area of the three municipalities.

(d) Promote a community environmental program.

(e) Work cooperatively with private, commercial and industrial entities in the area to better understand potential environmental impacts of private sector actions and coordinate activities to minimize them.

(f) Keep an index of all open areas, publicly or privately owned, including, but not limited to, flood-prone areas, wetlands, and other unique natural areas.

(g) Advise the appropriate local government agencies in the acquisition of property, both real and personal.

(h) Undertake such environmental tasks as requested by the governing bodies of the three municipalities.

(Ord. 91-3. Passed 3-11-91.)

CHAPTER 272: Park Advisory Committee

272.01 Establishment.

CROSS REFERENCES

Streets in or near State parks - see 1st Class § 2030

Acquisition of lands and buildings for parks, recreation areas and facilities - see 1st Class § 3001

Hewes Avenue Park - see GEN. OFF. 662.02

Linwood Municipal Park - see S.U. & P.S. Ch. 1064

272.01 ESTABLISHMENT.

There is hereby established, in and for the Township, a Park Advisory Committee, for the purpose of making recommendations to the Board of Commissioners regarding the regulation and operation of park areas in the Township.

(Res. 477. Passed 9-15-69.)

CHAPTER 274 Beautification Advisory Committee

274.01 Establishment.

274.02 Composition; terms; vacancies.

274.03 Duties.

274.04 Expenditures.

CROSS REFERENCES

Weeds, grass and plants - see GEN. OFF. 674.10, Ch. 692

Commemorative tree garden - see S.U. & P.S. 1064.03

Hedges - see P. & Z. 1290.07

274.01 ESTABLISHMENT.

There is hereby established, in and for the Township, a Beautification Advisory Committee, for the purpose of recommending to the Board of Commissioners the establishment, maintenance and removal of shrubbery and trees on public grounds, public parks and public streets and highways.

(Res. 477A. Passed 11-17-69.)

274.02 COMPOSITION; TERMS; VACANCIES.

On the expiration of any term of Beautification Advisory Committee member, a successor shall be appointed by the Township Commissioners to serve a term of four years. Vacancies on the Committee shall be filled by the Township Commissioners for the unexpired term.

(Res. 477A. Passed 11-17-69.)

274.03 DUTIES.

The members of the Beautification Advisory Committee shall recommend the type of shrubbery and trees to be planted, removed and maintained and shall assist when possible in the planting of said shrubbery and trees.

(Ord. 477A. Passed 11-17-69.)

274.04 EXPENDITURES.

All expenditures made pursuant to recommendations of the Beautification Advisory Committee shall be made by the Board of Commissioners.

(Ord. 477A. Passed 11-17-69.)

CHAPTER 276 - Board of Recreation

276.01 Establishment.

276.02 Summer Recreation Supervisor.

276.03 Summer baseball program.

CROSS REFERENCES

Generally - see 1st Class §§ 3009 et seq.

Park Advisory Committee - see ADM. Ch. 272

Playground Commission - see ADM. Ch. 278

Hewes Avenue Park - see GEN. OFF. 662.02

Linwood Municipal Park - see S.U. & P.S. Ch. 1064

Recreation areas - see P. & Z. 1290.08

276.01 ESTABLISHMENT.

There is hereby established, in and for the Township, a Board of Recreation, whose members shall be appointed by the Board of Commissioners to serve terms in accordance with law.

(Res. 459. Passed 11-18-68.)

276.02 SUMMER RECREATION SUPERVISOR.

There is hereby established, in and for the Township, the position of Supervisor of Summer Recreation.

(Res. 456. Passed 7-15-68.)

276.03 SUMMER BASEBALL PROGRAM.

The Township Board of Recreation, the duly elected officers of the Mickey Vernon Little League, and the appointed managers and coaches of the recognized teams, shall be in charge of the summer baseball program, which shall include participants from the ages of seven to eighteen years.

The summer baseball program shall extend from April 1 to July 15 each year. The playing area shall consist of the three Township owned baseball fields located west of the Hewes Avenue Municipal Park. Such baseball fields shall be used only by authorized teams which shall be registered as such at the Township office. Any other teams, and only Township-based teams, will be permitted to use said fields after July 15. Any teams desiring to use the baseball fields must secure a permit from the Township Secretary. Township police will enforce this section, and violators will be banished from the fields unless permits are exhibited.

It is also recommended that the respective teams, together with their managers and coaches, shall conduct themselves in a gentlemanly manner at all times when on Township property and, further, will help with the maintenance and care of said baseball fields, including clean-up and litter removal. Alcoholic beverages will not be permitted at any time on township-owned property or property surrounding such property, whether leased or owned by the Township. All violators will be prosecuted to the full extent of the law.

(Res. 79-11. Passed 3-19-79.)

CHAPTER 278 - Playground Commission

278.01 Establishment.

CROSS REFERENCES

Park Advisory Committee - see ADM. Ch. 272

Board of Recreation - see ADM. Ch. 276

Hewes Avenue Park - see GEN. OFF. 662.02

Linwood Municipal Park - see S.U. & P.S. Ch. 1064

Recreation areas - see P. & Z. 1290.08

278.01 ESTABLISHMENT.

There is hereby established, in and for the Township, a Playground Commission, whose members shall be appointed by the Board of Commissioners.

(Res. 82-10. Passed 1-18-82.)

CHAPTER 280 - Cable Television Advisory Council

280.01 Establishment.

CROSS REFERENCES

Authority to grant rights for installation of public utilities in streets - see 1st Class § 1502-LVII

Conditions of construction of utility poles on streets - see 1st Class § 2084

Conditions for construction of electric conduits in or under streets - see 1st Class § 2084

Impairment of television service (criminal mischief) - see Crimes Code § 3304

Discarding television sets and tubes - see Crimes Code § 6505

280.01 ESTABLISHMENT.

There is hereby established, in and for the Township, a Cable Television Advisory Council, whose members shall be appointed by the Board of Commissioners.

(Res. 79-10. Passed 3-19-79.)

CHAPTER 282 - Industrial Development Agency

EDITOR'S NOTE: Resolution 281, passed June 17, 1957, designated the Delaware County Chamber of Commerce, the City of Chester and Delaware County as the Industrial Development Agency for the County in all matters relevant to, and for all purposes of, the Industrial Development Assistance Law.

There are no sections in Chapter 282. This chapter has been established to provide a place for cross references and any future legislation.

CROSS REFERENCES

Procedure for sale of Township property to industrial development corporations - see 1st Class § 1501

Creation of officers, positions and departments - see 1st Class § 1502-III

Authority to prohibit and remove noxious or offensive industry - see 1st Class § 1502-XXVI

Appropriations to industrial development agencies - see 1st Class § 1502-LX

Industrial Districts - see P. & Z. 1266.01(b), Ch. 1280, 1286.03

CHAPTER 284 - Board of Appeals

284.01 Establishment.

284.02 Terms; vacancies.

284.03 Organization of Board.

284.04 Meetings; hearings.

284.05 Fee for appeals.

CROSS REFERENCES

International Property Maintenance Code - see B. & H. Ch. 1490

284.01 ESTABLISHMENT.

A Board of Appeals is hereby established pursuant to Chapter 1490 of the Codified Ordinances of Lower Chichester Township which adopted the International Property Maintenance Code. The Board of Appeals shall consist of three persons, one from the Township of Lower Chichester, one from the Borough of Trainer and one from the Township of Chester, each appointed by resolution of the governing body of the respective municipalities. A member of the Board of Appeals shall be qualified by experience and training to pass on matters pertaining to property maintenance. A member of the Board of Appeals shall hold no other office in the Township of Lower Chichester, the Borough of Trainer or the Township of Chester.

(Ord. 2008-01. Passed 4-21-08.)

284.02 TERMS; VACANCIES.

The governing body of a municipality shall establish the term of the member of the Board of Appeals appointed from that municipality. The Board of Appeals shall promptly notify the governing body of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. A member of the Board of Appeals shall hold office at the pleasure of the governing body.

(Ord. 2008-01. Passed 4-21-08.)

284.03 ORGANIZATION OF BOARD.

(a) The Board of Appeals shall hold a reorganization meeting during the month of January of each year and elect from its membership a Chairman, a Vice-Chairman and a Secretary, who shall serve until the next reorganization meeting of the Board of Appeals. The reorganization meeting may be held by members of the Board of Appeals at the administrative office of any of the three municipalities identified in Section 284.01 following public notice of the meeting. For the conduct of any hearing and the taking of any action, a quorum shall be no less than a majority of all the members of the Board of Appeals.

(b) The Board of Appeals may make, alter and rescind rules and forms for its procedure, consistent with this chapter and the laws of the Commonwealth. The Board of Appeals shall keep a record of its business.

(Ord. 2008-01. Passed 4-21-08.)

284.04 MEETINGS; HEARINGS.

(a) The Board of Appeals shall schedule meetings and provide public notice of hearings and meetings in accordance with the Sunshine Act, 65 Pa. C.S. § 7P1-716.

(b) The Board of Appeals shall conduct hearings and make decisions in accordance with the following requirements:

(1) Hearings shall be conducted in the municipality where the property which is the subject of the appeal is located.

(2) Public notice and written notice of hearings shall be given to the applicant, the building official in the municipality where the property which is the subject of the appeal is located, other persons whose interests are affected by the application and to any person who has made timely request for the same. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Secretary of the Board of Appeals shall arrange for the giving of notice as provided herein.

(3) The governing body of each municipality shall by resolution prescribe a reasonable fee with respect to hearings before the Board of Appeals held in that municipality. Fees for said hearings may include notice and advertising costs, the cost of a court stenographer and necessary administrative overhead connected with the hearing. The fee shall be paid by the applicant to the municipality where the appeal is filed at the time the application is filed.

(4) The hearing shall be held within sixty days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.

(5) The parties to the hearing shall be the applicant, the governing body of the municipality where the property which is the subject of the appeal is located, any person affected by the application who has made timely appearance of record before the Board of Appeals, and any other person permitted to appear by the Board of Appeals. The Board of Appeals shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Appeals for that purpose.

(6) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

(7) Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

(8) The Board of Appeals shall keep a stenographic record of the proceedings. The applicant and the Board of Appeals shall share the appearance fee for a stenographer equally. The cost of the original transcript shall be paid by the Board of Appeals if the transcript is ordered by the Board of Appeals or shall be paid by the person appealing from the decision of the Board of Appeals if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

(9) The Board of Appeals shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any written communication, reports, staff memoranda, or other written materials not presented at a hearing before the Board of Appeals, and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

(10) The solicitor of the municipality where the property which is the subject of the appeal is located shall act as counsel to the Board of Appeals for that appeal.

(11) The Board of Appeals shall render a written decision or, when no decision is called for, make written findings on the appeal within forty-five days after the last hearing before the Board of Appeals. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore.

(12) A copy of the final decision or, where no decision is called for, a copy of the findings, shall be delivered to the applicant personally or mailed to him and to all other persons who have filed their name and address with the Board of Appeals, not later than the day following its date.

(Ord. 2008-01. Passed 4-21-08.)

284.05 FEE FOR APPEALS.

(a) The fee for all appeals under the International Property Maintenance Code to the Board of Appeals is established at one thousand five hundred dollars ($1,500).

(b) Any portion of the fee not actually used for expenses as provided in this chapter, shall be returned to the applicant. In the event that expenses exceed the fee established, then the applicant shall immediately pay the amount necessary to cover expenses above and beyond one thousand five hundred dollars ($1,500) upon demand from the Township.

(Res. 2008-11. Passed 8-18-08.)

CHAPTER 286 - Hometown Citizens Watch

286.01 Citizens Watch established.

286.02 Leadership.

286.03 Recognition.

286.04 Qualifications.

286.05 Training.

286.06 Duties.

286.07 Policy.

286.01 CITIZENS WATCH ESTABLISHED.

There is hereby established the Citizens Watch, a volunteer service of the Township. The Citizen Watch shall be under the direction of the Chief of Police, provided that the Chief may designate any officer to assist in the leadership of the Citizens Watch. The Citizens Watch shall consist of such persons as shall be appointed by the Chief of Police with the approval of the Township Commissioners.

(Ord. 2003-10. Passed 5-19-03.)

286.02 LEADERSHIP.

The Chief of Police may designate not more than ten percent of the members of the Citizens Patrol as squad leaders.

(Ord. 2003-10. Passed 5-19-03.)

286.03 RECOGNITION.

Members of the Citizens Watch shall receive no pay for their services but they shall receive, without charge, identifying shirts, name tags and identification cards, all recognizing them as members of the Citizens Watch.

(Ord. 2003-10. Passed 5-19-03.)

286.04 QUALIFICATIONS.

Members of the Citizens Watch shall be responsible persons, eighteen years of age or older, capable of performing the duties of the Citizens Watch. The Chief of Police may provide tests and make investigations of an applicant's history. No test of strength, speed or dexterity which disqualifies a disproportionate number of either sex shall be used.

(Ord. 2003-10. Passed 5-19-03.)

286.05 TRAINING.

No persons shall begin duties as a member of the Citizens Watch until satisfactorily completing a training course, approved by the Chief of Police, concerning the duties of the Citizens Watch.

(Ord. 2003-10. Passed 5-19-03.)

286.06 DUTIES.

Duties shall include the following:

(a) Noticing and reporting fires;

(b) Patrolling streets and other public places for the purpose of calling for police help when necessary for law enforcement purposes. The Citizen Watch shall not make arrest or quell disturbances but shall summon a Police Officer or Officers for such purposes. Radio equipment may be provided for this purpose; and,

(Ord. 2003-10. Passed 5-19-03.)

286.07 POLICY.

It is the policy of the Township to encourage citizens to observe situations where a crime may be in progress and to report such situations to the Police Department for action. It is not the policy of the Township to encourage citizens to take action on their own, to attempt to make arrests or to stop the commission of a crime and apparent crime. The individuals are not Police Officers of the Township and do not have a Police Officer's powers and duties in connection with arresting criminals, serving papers or stopping the commission of a crime. No person taking part in this group shall be considered to be an officer of the Township. Such person shall be doing their duty as citizens to notify law enforcement officers of observed law violations. No pursuit shall be carried and no arrests made or attempted. The Township assumes no responsibility for any action of any such person who is not a Township Police Officer.

(Ord. 2003-10. Passed 5-19-03.)

Title Ten - Employment Provisions

CHAPTER 290 - Employees Generally

EDITOR'S NOTE: Resolution 96-12, passed September 16, 1996, adopted a Deferred Compensation Plan for eligible Township employees. Copies of the Resolution and of the Plan may be obtained, at cost, from the Township Secretary.

290.01 Vacations.

290.02 Continuation of hospitalization upon retirement for job-related disability. (Repealed)

290.03 Life insurance.

290.04 Social Security coverage.

CROSS REFERENCES

Compensation - see 1st Class § 603

Payment of annuities to certain aged employees - see 1st Class § 605

Attendance at conferences, institutes and schools - see 1st Class § 624

Creation of officers, positions and departments - see 1st Class § 1502-III

Authority to employ laborers - see 1st Class § 1502-XI

Civil Service Commission - see ADM. Ch. 264

290.01 VACATIONS.

All full-time employees of the Township shall be entitled to three weeks paid vacation after fifteen years of full-time employment.

(Res. 408. Passed 4-18-66.)

290.02 CONTINUATION OF HOSPITALIZATION UPON RETIREMENT FOR JOB-RELATED DISABILITY. (REPEALED)

(EDITOR'S NOTE: Section 290.02 was repealed by Resolution 00-1, passed January 4, 2000.)

290.03 LIFE INSURANCE.

(a) Straight life insurance policies insuring the lives of the full-time members of the Township Police Department, in the amounts of four thousand dollars ($4,000) each, shall continue to be maintained.

(b) Said insurance coverage shall be in addition to the benefits derived from the Township Police Pension Fund.

(c) As each member retires from active duty after reaching the normal retirement date under said Police Pension Plan, the retiring member shall, upon application, be entitled to assignment of ownership to said member.

(d) In addition, the Township shall increase the amount of term life insurance upon the life of each full-time member of the Township Police Department to six thousand dollars ($6,000).

(Res. 471. Passed 4-21-69.)

290.04 SOCIAL SECURITY COVERAGE.

(a) Benefits of Coverage. The extension of the Social Security System to employees and officers of the Township will be of great benefit, not only to the employees of the Township, by providing that said employees and officers may participate in the provisions of the Old Age and Survivors Insurance System, but also to the Township, by enabling it to attract and retain in employment the best personnel and thus increase the efficiency of its government.

(b) Extension of Coverage. The 1951 Session of the General Assembly of the Commonwealth, in regular session, enacted a statute known as Act No. 491, which is the enabling Act provided for in Section 218 of Public Law 734, Eighty-first Congress, which designated the Secretary of Labor and Industry of the Commonwealth to act as the State Agency to implement the coverage of employees and officers under the Old Age and Survivors Insurance System. The Township is hereby authorized to execute and deliver to the State Agency a plan or plans and agreement, required under Section 6 of said enabling Act and the Social Security Act, to extend coverage to employees and officers of the Township and to do all other necessary things to effectuate coverage of employees and officers under the Old Age and Survivors Insurance System.

(c) Payroll Deduction System; Matching Township Payments. The Secretary is hereby authorized to establish a system of payroll deductions, to be matched by payments by the Borough, to be made into the Contribution Fund of the Social Security Act through the office of the State Agency, and to make charges of this tax to the Fund or funds from which wage or salary payments are issued to employees and officers of the Township. Such payments are to be made in accordance with the provisions of the law and regulations promulgated by the State Agency and the Federal Social Security Administration. Payments which are delinquent shall bear interest at the rate of one-half of one percent per month until such time as payments are made.

(d) Appropriation Into Contribution Fund; Date Participation Commences. Appropriation is hereby made from the proper fund or funds of the Township in the necessary amount to pay into the Contribution Fund, as provided in Section 4 of the enabling Act and in accordance with the plan or plans and agreement. Authority is hereby given to the President and the Secretary of the Board of Commissioners to enter into an agreement with the State Agency, which agreement shall be in accordance with Act No. 491 and with paragraph 218 of the Social Security Act. Such plan and agreement shall provide that the participation of the Township shall commence as of January 1, 1951.

(Ord. 267. Passed 7-21-52.)

(e) Police Officers; Solicitor; Utility Men. Police officers, the Solicitor and the Utility Men of the Township are hereby placed under the provisions of the Old Age and Survivors Insurance System in accordance with the laws of Pennsylvania and the Social Security laws.

(Res. 234. Passed 7-21-52.)

CHAPTER 292 - Nonuniformed Employees Pension Plan

292.01 Adoption; benefits; Chief Administrative Officer; rate of contribution.

CROSS REFERENCES

Payment into pension fund must satisfy minumum obligations - see 1st Class § 605

Commissioners as employees - see 1st Class § 1502-LXIII

Special tax for employees' pension - see 1st Class § 1709

292.01 ADOPTION; BENEFITS; CHIEF ADMINISTRATIVE OFFICER; RATE OF CONTRIBUTION.

(a) There is hereby adopted, in and for the Township, a Nonuniformed Pension Plan for nonuniformed employees of the Township, which Plan is a defined contribution plan.

(b) Benefits provided under the Plan shall be as set forth in the Nonuniformed Pension Plan Document, attached to original Resolution 92-13, passed December 21, 1992.

(Res. 92-13. Passed 12-21-92.)

(d) The rate of contribution required by the Township on behalf of its members under the Plan shall be six percent of compensation on behalf of each member, effective January 1, 1995.

(Res. 95-5. Passed 4-17-95.)

CHAPTER 294 - Police Pension Plan

EDITOR'S NOTE: Ordinance 279, passed November 16, 1953, established a Police Pension Fund for the benefit of each full-time police officer of the Township. Said Fund was re-established by Ordinance 415, passed March 17, 1969. Ordinance 91-5, passed June 24, 1991, adopted a revised and restated Police Pension Plan and Trust for police officers of the Township.

294.01 Definitions.

294.02 Eligibility.

294.03 Contributions.

294.04 Retirement benefits.

294.05 Death benefits.

294.06 Termination of employment.

294.07 Distributions of benefits.

294.08 Administration.

294.09 Pension Board.

294.10 Rights and liabilities of Township.

294.11 Termination or amendment of Plan.

294.12 Miscellaneous provisions.

CROSS REFERENCES

Annuities for certain employees not covered by pension system - see 1st Class § 605

Generally - see 1st Class §§ 1409 et seq.

Special tax for employees' pension - see 1st Class § 1709

Police Department - see ADM. Ch. 244

294.01 DEFINITIONS.

As used in this chapter:

(a) "Age" means the age attained by the employee at his or her last birthday.

(b) "Anniversary date" means any January 1 after the effective date of this chapter.

(c) "Average applicable salary" means the average monthly earnings of the member at any time of reference computed over the last forty-eight months (or such shorter period as represents the member's total period of continuous employment by the Township) of his or her continuous employment by the Township prior to such date of reference. For purposes of computing average applicable salary, actual monthly earnings shall include, but not be limited to, base pay, longevity pay, night differential pay, if any, and overtime pay, but shall exclude reimbursed expenses or payments in lieu of expenses, non-salary compensation (including, but not limited to, fringe benefits provided by the Township) or any other payments or allowances, such as uniform allowances.

(d) "Compensation" means earnings, including, but not limited to, base pay, longevity pay, shift differential, if any, and overtime pay, but shall exclude reimbursement expenses or payments in lieu of expenses and non-salary compensation, including, but not limited to, fringe benefits provided by the Township and any other allowances paid by the Township (e.g., uniform allowances).

(e) "Board" means the Board of Commissioners of the Township of Lower Chichester.

(f) "Chief Administrative Officer" means the person who has primary responsibility for the execution of the administrative affairs of this Pension Plan, or the designee of that person.

(g) "Early retirement date" shall mean the first day following the date on which the member completes twenty years of service.

(h) "Effective date" of this chapter shall be June 24, 1991.

(i) "Employee" means any person in the full-time employ of the Township Police Department whose customary employment is for not less than thirty-five hours a week.

(j) "Fund" means all assets held by the Trust under the Trust Agreement relating to this Plan.

(k) "Member" means any person in the full-time employ of the Township Police Department who has satisfied the eligibility requirements established in Section 294.02 and who is, at the time of reference, making such contributions as may be required pursuant to Section 294.03(a), or has been making such contributions prior to their elimination.

(l) "Normal retirement date" means the first day following the date on which the member completes twenty-five years of service, and the date on which the member attains age fifty-five.

(m) "Plan" means the Police Pension Plan for the Township of Lower Chichester, as herein set forth and as the same may be hereafter amended.

(n) "Plan year" means a period of twelve consecutive months commencing on any January 1 and ending on the following December 31.

(o) "Service" means the aggregate of a member's total periods of employment as a full-time employee of the Township. If a member enters military service, either voluntarily or by conscription, after he or she has been employed for at least six months, such time spent in the Armed Forces of the United States during a period of national emergency shall be counted as service for purposes of this Plan, provided that such member returns to police service with the Township within six months after his or her discharge or release from such active duty in the Armed Forces of the United States. The time spent in military service due to voluntary extension of such military service during a period of peacetime shall not be included as service for the purposes of this Plan. Time spent on Reserve or National Guard training shall be included as service for purposes of this Plan.

(p) "Total disability" means any condition arising from service-connected illness or injury which precludes an employee from performing the duties associated with the normal occupational requirements of any position with the Police Department as certified by a physician designated by the Township.

(q) "Township" means the Township of Lower Chichester, Delaware County, Commonwealth of Pennsylvania.

(r) "Trustee" means the Board of Commissioners of the Township of Lower Chichester or any other agency or person appointed by such Board to serve in such capacity as set forth in the Trust Agreement.

Wherever applicable as used herein, unless the context specifically provides otherwise, the singular and plural shall be interchangeable, and the masculine and feminine pronouns shall include either sex.

(Ord. 91-5. Passed 6-24-91; Ord. 00-6. Passed 10-16-00; Ord. 2003-03. Passed 4-21-03.)

294.02 ELIGIBILITY.

(a) Any person who is an employee as of the effective date hereof shall be a member of the Plan as of the effective date hereof.

(b) Any person who becomes an employee after the effective date hereof shall become a member on the first day of service as an employee.

(Ord. 91-5. Passed 6-24-91.)

294.03 CONTRIBUTIONS.

(a) Contributions by Members. Members shall pay into the Fund at the rate of 5.0 percent of compensation. "Compensation," for this purpose, shall be as defined in Section
294.01(d). The Board may, on an annual basis, by ordinance or resolution, reduce or eliminate payments into the Fund by members. Individual records of contributions by members shall be maintained, including all interest credited to their individual account. Interest to be credited shall be six percent compounded annually.

Interest shall be credited from the end of the plan year in which it is paid to the end of the month after which a refund becomes payable.

(b) Refund of Member's Contributions. Any member who for any reason shall be ineligible to receive a pension after having made contributions shall be entitled to a refund of his or her individual account balance. Such refund is payable immediately upon discontinuance of his or her employment with the Police Department or within a reasonable time (not more than fifteen days after discontinuance). If such discontinuance is due to death, then such refund shall be paid to his or her designated beneficiary or, in the absence thereof, to his or her estate. If the disabled or retired member is receiving a benefit by reason of disability or retirement, then the refund payable to the beneficiary is equal to the individual account balance at the date of disability or retirement, less any pension payments made to the member.

(d) State Aid. The portion of the payments made by the State Treasurer to the Township and designated by the Board to be allocated to the Fund from money received from taxes paid upon premiums by foreign casualty insurance companies for purposes of pension retirement or disability benefits for police officers shall be used as follows: to reduce the unfunded liability; after such liability has been fully funded, to apply against the annual obligation of the Township for future service costs; or, to the extent that the payment may be in excess of such obligations, to reduce member contributions pursuant to subsection (a) hereof.

(e) Township Contributions. Subject to the provisions and limitations set forth in other provisions of this chapter, the Township shall contribute the amounts certified to be necessary by the Fund's actuary to provide the benefits provided by this Plan.

(f) Contributions by Members While on Military Service. A member who enters the military service during a time of national emergency either voluntarily or by conscription shall continue to make contributions to this Plan as outlined in subsection (a) hereof based on the compensation in effect on the last day of service with the Township's Police Department. These contributions will continue throughout the length of his or her military service. During military service, the Trustee shall continue to contribute to the Fund for the officer's benefit. However, no contributions will be made either by or on behalf of a member who voluntarily extends his or her military service during peacetime.

(g) Gifts. The Fund shall be authorized to receive, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of the Fund. The Trustee of the Fund shall be subject to such directions not inconsistent with this Plan as the donors of such funds and property may prescribe.

(Ord. 91-5. Passed 6-24-91; Ord. 00-6. Passed 10-16-00; Ord. 2003-02. Passed 4-21-03.)

294.04 RETIREMENT BENEFITS.

(a) Normal Retirement. Each member may retire on or at any time after his or her normal retirement date. Any member so retiring shall be entitled to receive a monthly pension commencing as of the first day following his or her date of actual retirement and ending with the payment made as of the first day of the month in which his or her death occurs. The monthly pension to which such retired member shall be entitled under this Plan shall be equal to fifty percent of such member's average applicable salary.

In addition to the above monthly retirement benefit, each member who has completed twenty-six years of service shall receive an additional monthly pension benefit equal to a maximum of one hundred dollars ($100.00) per month.

(b) Late Retirement. An employee shall be allowed to continue as an employee beyond his or her normal retirement date. In such case, the employee shall remain a member of this Plan until he or she actually retires or ceases to be an employee. Any contributions required pursuant to subsection (a) hereof shall continue.

(c) Disability Retirement. If a member retires because of a total and permanent disability, he or she shall be entitled to receive a pension benefit equal to seventy percent of his or her salary at the time the disability was incurred, offset by any Social Security disability benefits received by the member for the same injury. Salary shall mean base wage. The benefit shall commence on the first day of the month following the month in which the member retires. The Township reserves the right to require the disabled member to present evidence of total and permanent disability and of the continuance of such condition from time to time and either reserves the right to require members to submit to medical examinations by practitioner(s) selected by the Township as a precondition to the continued payment of benefits.

(d) Early Retirement Benefit. Each member may retire on or at any time after his or her early retirement date. Upon termination, the member must file with the Secretary of the Township, a written notice of his or her intention to elect an early retirement benefit. This benefit shall become effective as of the date of the notice or the date designated in the notice, whichever is later. The amount of the early retirement benefit shall be the actuarial equivalent of a vested retirement benefit as computed in Section 294.06. The actuarial equivalent of the vested retirement benefit shall be determined by actuarially reducing the vested retirement benefit to reflect that it will commence on the effective date of the early retirement rather than on the member's normal retirement date. The actuarial reduction shall be calculated using the actuarial assumptions reported in the last actuarial valuation report filed with the Public Employee Retirement Commission.

(Ord. 91-5. Passed 6-24-91; Res. 93-13. Passed 1-1-93; Res. 94-2. Passed 12-21-94; Ord. 99-1. Passed 4-19-99; Ord. 00-6. Passed 10-16-00; Ord. 2003-02. Passed 4-21-03; Ord. 2003-03. Passed 4-21-03.)

294.05 DEATH BENEFITS.

(a) Before Commencement of Pension Benefits. If a member dies prior to the commencement of pension benefits, then his or her beneficiary shall be entitled to a refund of his or her accumulated member's contributions with credited interest. If no beneficiary survives, then the refund is payable to the member's estate.

(b) Pension Benefit to Surviving Spouse and Dependent Children. If a member dies survived by a spouse or dependent children, after having become eligible to receive a pension benefit, i.e. he or she was eligible because he or she was already receiving a pension, or he or she met the age and service requirements, but he or she had not yet retired, then a monthly pension benefit shall be provided.

The amount of the monthly pension benefit shall be fifty percent of the pension the member was receiving or would have been entitled to receive if he or she had been retired at the time of his or her death.

In the event a member dies after completing twelve or more years of service but was not yet eligible for normal retirement or pre-retirement survivor benefits, the surviving spouse shall act on behalf of the member in selecting the alternative addressed in Section 294.06. If a vested benefit is selected, the surviving spouse shall receive fifty percent of the member's vested monthly benefit commencing on the first day of the month following the member's normal retirement date.

In the event a member dies after completing twenty or more years of service but was not yet eligible for normal retirement or pre-retirement survivor benefits, the surviving spouse shall act on behalf of the member in selecting the alternative addressed in Section 294.04. If an early retirement benefit is selected, the surviving spouse shall receive fifty percent of the member's monthly early retirement benefit commencing on the first day of the month following the election of this benefit.

The monthly pension benefit is payable to the surviving spouse until death, then to surviving dependent children under the age of eighteen years or if attending college, under or attaining the age of twenty-three years. Attending college shall mean the eligible children are registered at an accredited institution of higher learning and are carrying a minimum course load of seven credit hours per semester. Dependent children shall include step-children, adopted children, and any child conceived before the time of the member's date and thereafter born to the member's spouse.

(c) Pre-Retirement Survivor Benefit. In the event a member is killed in service, the member's family shall receive a pension calculated at 100 percent of the member's salary at the time of death. It is understood that the definition of salary shall mean base wages and that family shall refer to the surviving spouse and dependent children. The benefit is payable to the surviving spouse until death, then to the surviving dependent children under the age of eighteen years or if attending college, under or attaining the age of twenty-three years. The term dependent children and attending college shall be consistent with that of subsection (b) hereof.

(Ord. 91-5. Passed 6-24-91; Ord. 2003-02. Passed 4-21-03; Ord. 2003-03. Passed 4-21-03.)

294.06 TERMINATION OF EMPLOYMENT.

If a member leaves the employ of the Township or ceases to be a member, whether by reason of his or her transfer, resignation or discharge, or by reason of disability or retirement other than after becoming eligible for benefits pursuant to Section 294.04 or 294.05, he or she shall be entitled to a refund of all contributions made by him or her and then on deposit in the fund, plus interest thereon, computed at the rate described in Section 294.03(a).

However, a member who has completed twelve or more years of service may elect either of the following:

(a) He or she may elect to leave his or her contributions, plus interest, in the Fund so as to receive a vested pension benefit to start at his or her normal retirement date. He or she must file with the Secretary of the Township, within ninety days of the date he or she ceases to be a full-time police officer, a written notice of his or her intention to vest. The amount of the vested pension benefit shall be (x) divided by (y) where (x) is the number of years of service at the date of termination and (y) is the number of years of service which the member would have had if he or she worked until his or her normal retirement date, multiplied by the benefits described in Section 294.04(a). Years of service shall be measured in years and completed months.

(b) He or she may elect to receive a refund of all contributions made by him or her and then on deposit in the Fund, plus interest thereon, computed at the rate described in Section 294.03(a). If he or she elects to receive the refund of his or her contributions plus interest, he or she would forfeit the pension benefit outlined in subsection (a) hereof.

(Ord. 91-5. Passed 6-24-91.)

294.07 DISTRIBUTIONS OF BENEFITS.

(a) Refund benefits becoming distributable pursuant to Section 294.06 and death benefits becoming distributable pursuant to Section 294.05(a) shall be paid in the form of a lump-sum distribution.

(b) The normal form of all benefits payable hereunder shall be a pension for the life of the member commencing on the date specified and ending with a payment made on the first day of the month in which the member dies, subject, however, to the payment of a death benefit calculated pursuant to Section 294.05(b).

(Ord. 91-5. Passed 6-24-91.)

294.08 ADMINISTRATION.

(a) It is the duty of the Trustee to pay the benefits to members and their beneficiaries, as provided in Sections 294.04 to 294.06, in accordance with the instructions received from the Board, provided, however, that the duty of the Trustee to make such payments is wholly contingent upon the sufficiency of the Fund for such purposes.

(b) The Township may employ an actuary, investment advisors, counsel or other professional consultants from time to time in connection with the operation of the Fund or of this Plan. Such persons or entities shall be compensated by the Township at such rates as may be agreed upon by the Board. Such compensation may be paid from the Fund.

(c) The Trustee shall make an annual determination of the fair market value of the Fund as of the anniversary date and as of such additional dates as the Board may direct.

The fair market value of the Fund shall be reported to the actuary, who shall calculate the amount to be contributed to the Fund by the Township with respect to each plan year in accordance with the assumptions most recently adopted by the Board for the purpose of such computations, provided, however, that the liability of the Township to make such contributions is subject to all of the conditions and limitations set forth elsewhere in this Plan.

(Ord. 91-5. Passed 6-24-91.)

294.09 PENSION BOARD.

(a) The Plan shall be administered by the Board of Commissioners of the Township. The Board shall make and adopt rules and regulations for the efficient administration of this Plan.

(b) The Board shall keep all data, records and documents pertaining to the administration of the Plan, shall execute all documents necessary to carry out the provisions of this Plan and shall provide all such data, records and documents to the professionals whose services are employed pursuant to Section 294.08(b).

(c) The Board shall construe this Plan, shall determine any question or fact arising under this Plan and shall make all decisions required of it under this Plan. Decisions and actions taken thereon in good faith shall be final and conclusive. The Board may correct any defect, supply any omission or reconcile any inconsistency in such manner and to such extent of which it shall be the sole judge. The Board shall act uniformly with respect to matters coming before it concerning employees in similar circumstances.

(d) The members of the Board, and each of them, shall be free of all liability for any act or omission except by willful misconduct or gross negligence, and each of them shall be fully indemnified by the Township against all judgments not involving findings of their respective personal or collective willful misconduct or gross negligence and against all expenses, including counsel fees, incurred in defense of actions brought against them.

(e) The Board shall make available to members, retired members and terminated members, and to their beneficiaries, for examination during business hours, such records as pertain to the person examining them.

(f) To enable the Board to perform its function, the Township administration shall supply full and timely information to it on all matters relating to the pay of all members, their retirement, death and termination of employment, and such other pertinent facts as the Board may require.

(g) The Board shall enact such rules and regulations for the conduct of its business and for the administration of this Plan as it may consider desirable, provided the same shall not be in conflict with any of the provisions of this Plan. All actions of the Board shall be taken at meetings at which at least four members shall be present, or by written resolutions concurred in by not less than four of its members. Written minutes shall be kept of the meetings and actions of the Board.

(h) The Secretary, acting on behalf of the Board, or any four members of the Board, shall have the power to execute all documents necessary to carry out the actions of the Board. Any person, partnership, corporation or government agency shall accept such documents over such signature or signatures as if they were executed by the Board.

(Ord. 91-5. Passed 6-24-91.)

294.10 RIGHTS AND LIABILITIES OF TOWNSHIP.

(a) It is the expectation of the Township that it will continue this Plan indefinitely, and will from time to time contribute to the Fund such amounts as may be needed to provide the benefits set forth in this Plan.

(b) The provisions of any ordinance establishing, amending or maintaining this Plan shall not be a charge on any other fund in the Treasury of the Township or under its control, save the Uniformed Employee's Pension Fund herein provided for.

(c) Nothing contained in this Plan shall be held or construed as a contract or guarantee of employment nor to create any liability or guarantee of employment nor to create any liability upon the Township to retain any person in its service. The Township reserves the full right to discontinue the service of any person without any liability except for salary or wages that may be due and paid, whenever, in its judgment, its best interests so require, and such discontinuance shall be without regard to this Plan.

(Ord. 91-5. Passed 6-24-91.)

294.11 TERMINATION OR AMENDMENT OF PLAN.

(a) The Township may amend this Plan from time to time as is necessary to maintain its actuarial soundness and to incorporate changes in Plan benefits or entitlements. However, no amendment shall be made which will in any manner divert any part of the Fund to any purpose other than the exclusive benefit of members or their beneficiaries (except that, upon termination, such diversion may be made after all of the fixed and contingent liabilities to members and their beneficiaries have been met); nor shall any amendment be made at any time which will in any manner divest any benefit then vested in a member or reduce or eliminate a benefit to which a member has been given an expectation by virtue of a pension ordinance or pension calculations for retiring officers who retired during the member's participation in this Plan.

(b) In the event of termination of this Plan, the Board shall allocate the assets then remaining in the Fund as follows:

(1) Sufficient funds shall be maintained to provide the pension benefits prescribed in Section
294.04 for all participants who have retired prior to termination or who are eligible for retirement at the time of the termination of this Plan.

(2) Contributions with interest at a rate established by the Board as provided in Section
294.03 shall be refunded to any and all participants who terminate service at the time of the termination of this Plan.

(3) Of the remaining funds, those which can be identified as Municipality contributions, or contributions other than from participants or from the Commonwealth allocation, shall be distributed as the Board sees fit, provided that such distribution is in compliance with Section
294.07.

(4) All funds in excess of the funds described in paragraphs (b)(1) through (3) hereof shall be returned to the Commonwealth as unused funds pursuant to the Act of May 12, 1943, P.L. 259, as amended, 72 P.S. 2263.1 et seq.

(Ord. 91-5. Passed 6-24-91.)

294.12 MISCELLANEOUS PROVISIONS.

(a) No benefit under this Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge or encumbrance, nor to seizure, attachment or other legal process for the debts of any member or member's beneficiary.

This provision shall not apply to a qualified domestic relations order defined in Code Section 414(p), and those other domestic relations orders permitted to be so treated by the Board under the provisions of the Retirement Equity Act of 1984. The Township shall establish a written procedure to determine the qualified status of domestic relations orders to administer distributions under such qualified orders. Further, to the extent provided under a qualified domestic relations order, a former spouse of a participant shall be treated as the spouse or surviving spouse for all purposes under this Plan.

(b) Any person dealing with the Township may rely upon a copy of this Plan and any amendments hereto certified to be true and correct by the Trustee.

(c) In no circumstances, whether upon amendment or termination of this Plan or otherwise, shall any part of the Fund be used or diverted to any purpose other than the exclusive benefit of members or their beneficiaries until all of the actuarial obligations to such member or member's beneficiaries have been met.

(d) If the Board deems any person incapable of receiving benefits to which he or she is entitled by reason of minority, illness, infirmity or other incapacity, it may make payment directly for the benefit of such person to the guardian or trustee for said person, whose receipt shall be complete acquittance therefor. Such payment shall, to the extent therefor, discharge all liability of the Township or the Fund.

(e) Should any provision of this Plan be determined to be void by any court of competent jurisdiction, this Plan will continue to operate and, to the extent necessary, will be deemed not to include the provision determined to be void.

(Ord. 91-5. Passed 6-24-91.)

Title Twelve - Judiciary

CHAPTER 298 - District Justice and Court of Common Pleas

EDITOR'S NOTE: Violations of Township ordinances, resolutions, rules and regulations are prosecuted before the District Justice of the Peace or the Court of Common Pleas of Delaware County. Equitable remedies are pursued in the Court of Common Pleas or other courts of competent jurisdiction.

There are no sections in Chapter 298. This chapter has been established to provide a place for cross references and any future legislation.

CROSS REFERENCES

Application of First Class Township Code to District Justice - see 1st Class § 103(f)

Audit of accounts of District Justice - see 1st Class § 1001

Designation of committing magistrate - see 1st Class § 1502-VII

Prosecution of ordinance violators before District Justice - see 1st Class § 3301

General Code penalty - see ADM. 202.99

Traffic Code penalty - see TRAF. 420.99

Zoning Code penalty - see P. & Z. 1262.99