A.
In addition to any other actions required by law or by this Charter
to be taken by ordinance, those actions of the Borough Council shall
be by ordinance which:
(1)
Establish, alter or abolish any Borough department, office or agency
and related regulatory procedures for each.
(2)
Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed, except
for fines of less than one dollar ($1.00) per violation.
(3)
Levy taxes.
(4)
Grant, renew or extend a franchise.
(5)
Establish, alter or abolish rates charged for any utility or other
service supplied by the Borough on a continuing basis, except for
issuance of permits, the fees for which shall be as established by
resolution of Council from time to time.
(6)
Adopt or amend a code establishing a personnel policy for the Borough.
(7)
Convey or lease or authorize the conveyance or lease of any lands
of the Borough.
(8)
Amend or repeal any ordinance previously adopted.
(9)
Establish salaries or wages, hours or benefits of any employees or
appointees of the Borough.
(10)
Hire or appoint any paid director of any administrative department,
office or agency.
(11)
Adopt or amend an Administrative Code.
(12)
Adopt the Borough budget.
The enacting clause of all ordinances shall be: "The Borough
of Green Tree hereby ordains:".
Every ordinance shall contain the date of its enactment, and
its enactment shall be verified by the signature of the presiding
officer of the meeting where final action thereon was taken. The official
seal of the municipality shall be affixed to the original copy of
each ordinance. However, failure on the part of the presiding officer
to sign an ordinance or affix the official seal shall not in any way
invalidate an otherwise valid ordinance.
The penalty for the violation of any ordinance shall not exceed
five hundred dollars ($500.00) for each violation, or thirty (30)
days' imprisonment in default of payment of fine. However, any ordinance
may provide that, for continuing violations, each day that a violation
exists may be regarded as a separate offense and punishable as such.
The limit of fines may be increased by the Council to the extent of
the maximum fine that may be levied by any non-charter municipality
in the Commonwealth of Pennsylvania as that limit is from time to
time established by the General Assembly.
[Amended by Special Election Referendum of 11-5-1991]
A.
No final action shall be taken on the following types of ordinances
and/or amendments thereto without public hearing thereon and after
public notice as hereinafter set forth:
(1)
Zoning Ordinance and amendment thereto.
(2)
Ordinance adopting a zoning map and amendments thereto.
(3)
Ordinance adopting subdivision regulations.
(4)
Ordinance adopting land development and land use regulations.
(5)
Ordinances imposing or levying new taxes or increasing the rate of
existing taxes. However, no prior public notice shall be necessary
for the reenactment of taxes levied annually at the same rate.
(6)
Ordinances vacating streets.
(7)
Ordinances providing for the annexation of territory.
(8)
Ordinances adopting codes of technical regulations, such as a building
code, housing code, fire prevention code, and plumbing code and the
like.
(9)
Ordinances providing for construction of sewers, or of sewer treatment
works outside of the Borough.
(10)
Ordinances providing for the increase or decrease of salary
of elected Council members and the Mayor are subject to the results
of a municipal election and prior public notice.
There shall be notice published once each week for two (2) successive
weeks in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than thirty (30) days or less than fourteen (14)
days from the date of the hearing.
After public hearing on the proposed ordinance after public
notice as required, the proposed ordinance may be revised or further
revised, provided there are no substantial substantive changes therein,
and provided, in the case of the Zoning Ordinance, or amendments thereto,
the ordinance is also not revised or further revised to include land
previously not affected thereby. In the event of a substantial substantive
change in any such ordinance, or in the event that the Zoning Ordinance
or amendment thereto is revised or further revised to include land
previously not affected thereby, the governing body shall hold another
public hearing, pursuant to public notice, before proceeding to finally
vote on the proposed ordinance or amendment thereto.
Public notice of proposed ordinances or amendments to ordinances
shall include either the full text of the matter to be considered,
or a brief summary setting forth the principal provisions in reasonable
detail, and with a reference to a place within the Borough where copies
of proposed ordinances or amendments or other documents to be considered
by the Council may be examined. In addition, there will be a reference
to the time and place of hearing or meeting at which the matter will
be considered by Council.
After adoption, all ordinances shall be published one time in
a newspaper of general circulation in the Borough. The full text of
the ordinance need not be published; instead the title or a general
summary of the substance of the ordinance will be sufficient to meet
the publication requirement. Publication shall occur within thirty
(30) days of the enactment of the ordinance. The effective date of
the ordinance shall be the publication date unless a later date is
specified in the ordinance or required by the laws of the Commonwealth
of Pennsylvania. Complaints as to the legality of any ordinance or
resolution shall be made to the Court of Common Pleas of Allegheny
County by an aggrieved party within thirty (30) days after the enactment
thereof.
All ordinances and resolutions of the Borough shall be entered
verbatim in permanent separate record books for ordinances and resolutions.
No ordinance shall be considered in force until the same is recorded
in the ordinance book. The ordinance book and the resolution book
shall be open and available for public inspection at reasonable hours.
These books shall be in the custody and control of the Borough Manager
in the Borough office, and all entries made therein shall be at the
direction of the Borough Manager. At the time any such ordinance is
entered into the ordinance book, the same shall be codified; and a
topical index shall be maintained by the Borough Manager for such
purposes.
Before any ordinance takes effect, it must be first submitted
to the Mayor for his approval. The Mayor shall sign the ordinance
if he approves it, whereupon it shall become law as of its effective
date. If he disapproves it, he shall return it to the Council with
the reasons for his disapproval at the next meeting held thereafter.
If the next meeting is less than ten (10) days after the date that
he receives the ordinance, then, in such event, he shall return it
to the Council with the reasons for disapproval at the next succeeding
meeting. If the Council shall pass the ordinance by an affirmative
vote of five (5) members of Council within ten (10) days after the
ordinance has been returned with the Mayor's veto, it shall become
law without his approval. If the Mayor does not return the ordinance
within the time required, it shall become law without his approval.
The Council shall, within one (1) year after the effective date
of this Charter, adopt an ordinance to be known as the Administrative
Code defining the responsibilities of municipal departments, offices
and agencies as the Council deems necessary for the proper and efficient
conduct of municipal affairs, to the extent that such matters are
not inconsistent with the Charter, and with existing applicable laws.
To meet a public emergency affecting life, health, property
or the public peace, the Council may adopt one or more emergency ordinances,
which may be adopted without prior notice and may be made effective
immediately. An emergency ordinance shall be introduced in the form
and manner prescribed for ordinances generally, except that it shall
be plainly designated as an emergency ordinance and shall contain,
after the enacting clause, a declaration stating that an emergency
exists and describing it in clear and specific terms. After its adoption,
the ordinance shall be published and printed as prescribed for other
adopted ordinances. It shall become effective upon adoption or at
such later time as it may specify. Every emergency ordinance shall
automatically stand repealed as of the sixty-first (61st) day following
the date on which it was adopted, but this shall not prevent reenactment
of the ordinance in the manner specified in this section if the emergency
still exists. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section
for adoption of emergency ordinances.
The Council may adopt any standard code of technical regulations
by reference thereto in an adopting ordinance. The procedure and requirements
governing such an adopting ordinance shall be as prescribed in Section
505 of this Charter. A copy of each adopted code of technical regulations
as well as of the adopting ordinance shall be authenticated and recorded.
