In accordance with the Charter, Section 501,
Council may, by ordinance, create Township boards and commissions
and prescribe their organization and function, consistent with any
general laws that may apply to such boards and commissions. The Council
shall, by a majority vote of all members, appoint members of such
boards and commissions as it creates. The establishment of boards
and commissions required by general law, and any established to provide
administrative services or administer functions of the Township government
shall be provided in this chapter. Certain boards, commissions, and
related agencies are established in separate sections of this article
below.
Council, by resolution, may create, establish
and appoint the membership of temporary boards, commissions or committees
made up of members of Council and/or such other individuals as Council
may choose to select, for the purpose of making an investigation or
advising Council on any matter of concern. The resolution creating
such temporary boards, commissions or committees shall state the purpose
for which same was created and the anticipated date of termination.
Members of such temporary boards, commissions or committees shall
serve without compensation for such service and may authorize no expenditures
except as may be specifically authorized by Council for the purpose
of engaging technical assistance and publishing reports. Upon completion
of the purpose for which established or at the date set for termination,
whichever comes first, unless the date is specifically extended by
resolution of Council, such temporary board, commission or committee
shall automatically be terminated.
[Amended 9-24-1990 by Ord. No. 476]
Except as may specifically be required by general
law, no individual may serve on more than one Council, Board, Commission
or Committee, except that two members of Council may be appointed
to the Fire Apparatus Committee. No member serving as a member of
these bodies shall also serve as solicitor for these bodies.
Unless specifically authorized by Council or
required by general law, no commission or board may appoint an independent
solicitor, but shall use the services of the Township Solicitor. Council
may authorize and set the compensation of a separate solicitor for
such agencies for special purposes from time to time as circumstances
may require.
A.
The Township Planning Commission shall consist of
seven registered voters of the Township appointed by a majority vote
of the Council members for overlapping four-year terms. The terms
of the initial members to be appointed shall be arranged so that no
more than two shall be reappointed or replaced during any future calendar
year. A person appointed to fill a vacancy shall serve for the balance
of the unexpired term of the member whose seat was vacated.
B.
The Township Planning Commission shall be responsible
for the creation and modification of a long-range Comprehensive Plan
for the development of the Township subject to and as such Comprehensive
Plan may be amended and adopted by Council. The Commission shall review
all proposed changes in zoning and subdivision laws for conformance
with the Comprehensive Plan and shall make recommendations concerning
same to Council.
C.
The Planning Commission, with the assistance of the Township Manager, shall design administrative regulations for the conduct of its business, which regulations shall be reviewed by Council, and, if approved by Council, shall be included in the Code of Departmental Regulations described in § 4-14 above.
D.
The Township Manager, or an employee of his designation,
shall serve as Secretary to the Planning Commission and shall keep
minutes and other records of the Commission's proceedings, which shall
be kept on file at the Township office and available for public inspection
at any time during normal office hours.
E.
Members of the Commission shall serve without compensation but shall be entitled to reimbursement for expenses incurred in the performance of their official duties according to the schedule of reimbursed expenses authorized to Council in accordance with § 4-4A above.
F.
The Planning Commission may employ no personnel nor incur any expenses other than authorized by Council. Employees authorized for the Planning Commission shall be included in the authorized Manning Table of Township positions and subject to the rules of personnel administration contained in Article VI of this chapter. The expenses of the Planning Commission shall be provided for in the annual budget of the Township in the same manner as appropriations for Township departments and subject to the financial regulations specified in Article V below.
[Amended 3-26-1990 by Ord. No. 464]
A.
In accordance with the Pennsylvania Municipalities
Code, Act 247 of 1968, as amended and reenacted, the Council, by a
resolution, shall appoint a Zoning Hearing Board consisting of five
residents of the Township, appointed to overlapping terms of five
years in such a manner that the term of one member shall expire every
year; provided, however, that if a three-member Board is changed to
a five-member Board, the members of the existing three -member Board
shall continue in office until their term of office would expire under
their current appointment and Council shall appoint two additional
members to the Board with terms scheduled to expire in accordance
with the provisions of this section. A member appointed to fill a
vacancy, which shall be done promptly whenever a vacancy occurs, shall
serve for the unexpired portion of the member whose seat was vacated.
Members of the Board shall hold no other office in the Township.
[Amended 3-25-2002 by Ord. No. 621]
B.
Township Council may, by resolution, appoint at least one but no more than three residents of the Township to serve as alternate members of the Board in accordance with § 275-39B and D(5) of Chapter 275, Zoning, of the Code of the Township of Middletown, which are incorporated herein by reference.
C.
The Zoning Hearing Board shall be responsible for conducting hearings and making decisions on appeals in zoning matters and on challenges to the validity of any provisions of Chapter 275, Zoning, and on requests for variances and special exceptions from the requirements of Chapter 275, Zoning, in accordance with provisions of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
E.
The Township Manager, or an employee of his designation,
may serve as Secretary to the Zoning Hearing Board and keep minutes
and other records of the Board's proceedings, which shall be kept
on file at the Township office and available for public inspection
at any time during normal office hours.
F.
Members and alternate members of the Board shall be
compensated in accordance with the annual schedule of salaries and
wages adopted each year by Township Council in the budget. In addition,
members and alternate members of the Zoning Hearing Board shall be
authorized reimbursement for expenses incurred in the performance
of their official duties according to the schedule of reimbursed expenses
authorized by Council.
G.
Council shall provide appropriations and authorize the employment of personnel in such amounts and numbers as Council deems sufficient to enable the Board to carry out its duties. To the extent possible, the administrative and clerical duties of the Board shall be conducted by regular employees of the Township government assigned to the Board by the Township Manager. Any full-time employees authorized by the Board shall be included in the official Manning Table of Township positions authorized by Council and shall be subject to the personnel administration policies set forth in Article VI. The Zoning Hearing Board shall, during its first meeting in January of each year, appoint a solicitor.
[Amended 3-25-1996 by Ord. No. 565; 7-10-2000 by Ord. No.
604; 7-10-2000 by Ord. No. 604]
A.
The Council, by a majority of the total members, shall
annually appoint, for a term of one year, a Park and Recreation Committee
consisting of seven members.
B.
The duties of the Committee shall be to provide advice and recommendations to the Township Council, Township Manager, and Director of Recreation on park locations, acquisitions, layouts, construction and operations, and on recreational programming services. In the event of a vacancy in the position of Director of Recreation, Council may authorize specific recreation programs and delegate to the Park and Recreation Committee the supervision of personnel and recreation programs within the appropriations authorized by Council, and pursuant to the overall direction of departmental staff and functions by the Township Manager. Any full-time employees authorized by the Council shall be included in the official Manning Table of Township positions authorized by Council. Any and all revenues derived from park and recreational activities of the Township shall be remitted promptly to the Township Finance Office and deposited in Township accounts as designated from time to time by Township Council. All expenditures shall be handled in the manner provided for general Township moneys in Article V below.
C.
Members of the Park and Recreation Committee shall serve without compensation but shall be entitled to reimbursement of reasonable expenses necessary in the conduct of their official duties according to the schedule of reimbursed expenses authorized to members of Council in accordance with § 4-4A above.
D.
The Park and Recreation Committee may assist the Township Manager and Director of Recreation in developing administrative regulations for the conduct of park and recreational activities of the Township and for the conduct of the business of the Committee, which regulations shall be approved by Council and included in the Code of Departmental Regulations described in § 4-14 above. For purposes of conducting Committee business, a minimum of three members must be present, and, in the event that only three members are present, any formal recommendation of the Committee would require a unanimous vote. In the event that a quorum is present, any formal recommendation would require a majority vote of the quorum present.
A.
The Council, by a majority vote of the members, shall,
on an annual basis, appoint two Township residents to serve a term
of one year on the Board of Directors of the Middletown Free Library.
B.
The duties of the library representatives shall be
to serve as liaison between the Council and the Middletown Free Library.
A.
The Council, by a majority vote of the total members,
shall, at the times provided by law, appoint the five Township residents
to serve as members of the Middletown Township Sewer Authority, who
are appointed for overlapping five-year terms.
B.
As an independent corporation, the Sewer Authority
shall organize and conduct its affairs according to the Pennsylvania
Municipalities Authority Act of 1945, as amended,[1] and, with respect to the operation of Middletown Township
sewer facilities, in accordance with the lease agreement with the
Township and such rules and regulations as Council may prescribe in
connection with such lease agreement.
[1]
Editor's Note: See 53 P.S. § 301
et seq.
C.
Under the annual operating agreement between the Authority
and the Township by which the sewerage facilities owned by the Authority
have been leased back to the Township but continue to be operated
by the Authority for the Township in accordance with the operating
agreement, the Authority shall be responsible for managing the sewer
system of the Township, including inspection and maintenance of the
system, billing for charges, collecting moneys due from sewer fees,
ensuring compliance with requirements for sewer connections, making
periodic review of the financial status of the system, and making
recommendations to Council for revisions of sewer rates, and capital
improvements when necessary.
D.
The members of the Sewer Authority, as an independent
corporation under state law, shall receive no compensation from the
Township but may be compensated by the Authority in accordance with
law.
E.
The Sewer Authority is requested to assist the Township Manager in developing administrative regulations pertaining to the operation and maintenance of the sewerage facilities of the Township, which regulations shall be approved by Council and included in the Code of Departmental Regulations described in § 4-14 above.
F.
The Sewer Authority is requested to maintain a Manning
Table of full-time positions authorized to be employed in the administration,
operation, and maintenance of the Township sewerage facilities. Such
Manning Table, and all changes as they occur, shall be provided to
the Township Manager and included as an annex to the official Manning
Table of the Township government.
G.
The Sewer Authority is requested to maintain statistical
data on all operations of the sewerage facilities of the Township
which will be useful in the analysis and management of the sewerage
facilities. The Authority shall provide monthly report to the Township
Manager presenting in a standardized format pertinent statistical
data for the month just ended, the year-to-date, and comparable data
for the month and year-to-date of the previous year. Such monthly
report shall be included with the monthly reports of Township departments
in the monthly reports to Council.
A.
The Township Council, by a majority vote of the total
members, shall recommend to the State Council of Civil Defense a Township
resident for appointment as Civil Defense Director.
B.
The appointment of a Civil Defense Director will remain
in effect until such time as a vacancy in the position may occur.
C.
The Civil Defense Director shall be granted the powers
to carry out the duties of this office, as provided in the regulations
of the State Council of Civil Defense and the Defense Civil Preparedness
Agency.
D.
The Civil Defense Director shall receive no compensation
for his services but may be reimbursed for the expenses actually and
necessarily incurred in the performance of his duties.
E.
The Township Council may, from time to time, appropriate
funds for expenditures to support the civil defense activities.
F.
The Civil Defense Director shall prepare incident
reports for Township Council as they occur.
A.
The Environmental Advisory Committee shall be composed
of seven residents of the Township of Middletown and shall be appointed
in accordance with the following procedure:
(1)
All Committee members shall be appointed by a majority
vote of the total members of Council.
(2)
Committee members' terms of office shall expire on
the first Monday in January following the last year of their term
of office.
B.
Committee members shall receive no compensation for
their services, but may be reimbursed for the expenses actually and
necessarily incurred by them in the performance of their duties.
C.
The Committee is to be advisory to and shall coordinate
its activities with the state officials, Planning Commission and other
similar local government agencies.
D.
The Committee shall elect a member to serve as Chairman
and a member to serve as Secretary.
E.
The Committee shall have the following powers:
(1)
Identify environmental problems.
(2)
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 Township.
(3)
Make recommendations as to the possible use of open
land areas of the Township.
(4)
Promote a community environmental program.
(5)
Maintain an index of all open areas, publicly or privately
owned, including but not limited to flood-prone areas, swamps and
other unique natural areas.
(6)
Advise the Township Council and other Township agencies
with regard to the acquisition of property, both real and personal.
(7)
Undertake such environmental tasks as requested by
the Township Council.
F.
The Committee shall keep and publish minutes of its
meetings and activities and shall prepare an annual report to the
Township Council.
G.
The Township Council may, from time to time, appropriate
funds for expenditures to support the functions of the Committee.
[Amended 3-24-1980 by Ord. No. 244]
A.
The Senior Citizens' Advisory Committee shall be composed
of seven residents of the Township of Middletown and shall be appointed
in accordance with the following procedure:
B.
Committee members shall receive no compensation for
their services but may be reimbursed for the expenses actually and
necessarily incurred by them in the performance of their duties.
C.
The Committee is to be advisory to and shall coordinate
its activities with the Township Council, Delaware County Council,
appropriate federal and state officials and other similar local government
agencies.
D.
The Committee shall advise the Township Council on
the needs and problems of the senior citizens in Middletown Township.
E.
The Committee shall submit an annual report on its
activities to Township Council.
F.
The Township Council may, from time to time, appropriate
funds for expenditures to support the activities of the Committee.
[Added 9-24-1990 by Ord. No. 476]
A.
The Fire Apparatus Committee shall be composed of
eight members and shall be appointed in accordance with the following
procedure:
(1)
All committee members shall be appointed by a majority
vote of the total members of Council.
(2)
Committee members shall be appointed annually, and
their terms shall expire on the first Monday in January following
the year they were appointed.
(3)
Three members of the Committee shall be appointed
from the public at large, two members of the Committee shall be appointed
from the Township Council, and one member shall be appointed from
each of the three fire companies serving Middletown Township, upon
recommendation of their respective company.
B.
Committee members shall receive no compensation for
their services but may be reimbursed for the expenses actually and
necessarily incurred by them in the performance of their duties.
C.
The Committee is to be advisory to and shall coordinate
its activities with the Middletown Township Council, the three Township
fire companies and appropriate county and state emergency management
organizations as may be necessary.
D.
The Committee shall elect a member to serve as Chairman
and a member to serve as Secretary.
E.
The Committee shall have the following responsibilities:
(1)
Develop and recommend for Township Council adoption
a long-range fire apparatus replacement schedule based on an equipment
mix projected to meet the needs of the Township.
(2)
Conduct an ongoing review of financial resources available
for funding apparatus replacement and recommend a financing strategy
to meet the adopted replacement schedule.
(3)
Annually review the adopted replacement schedule and
financing strategy and recommend adjustments where necessary.
(4)
Review all proposed fire apparatus acquisitions to
determine conformance with the adopted replacement schedule and financing
plan.
(5)
Serve as a formal liaison between the Township and
its fire companies to promote discussion and review of significant
issues concerning community fire protection services.
F.
The Committee shall prepare and keep for public review
minutes of its meetings and activities and shall, through its Council
members, provide an annual report on its activities to the Township
Council.
G.
The Township Council may, from time to time, appropriate
funds for expenditures to support the functions of the Committee.
H.
The Township Manager and Township Fire Marshal shall,
ex officio, serve as nonvoting members of the Committee.
[Added 2-11-1991 by Ord. No. 484]
A.
Appointment of Board. The Board of Health (the Board)
shall be composed of seven members, at least one of whom shall be
a reputable physician with not less than two years' experience in
the practice of the profession. The members of the Board shall be
appointed by a majority vote of the Township Council for overlapping
three-year terms, except that at the first appointment, two members
shall be appointed to serve for one year, two for two years and three
for three years. A person appointed to fill a vacancy shall serve
for the balance of the unexpired term of the member whose seat was
vacated. The members of the Board of Health shall serve without compensation
but shall be entitled to reimbursement for expenses incurred in the
performance of their official duties according to a schedule of reimbursed
expenses authorized by Council. The Board shall annually organize
by electing a Chairman and a Secretary from among the members of the
Board.
B.
Duties of Board.
(1)
The Board of Health shall monitor the enforcement
in the Township of the laws of the commonwealth, the regulations of
the State Department of Health, the ordinances of the Township and
any other law, regulation or ordinance relating to health. The Board
shall make recommendations to the Township Council concerning the
adoption and enforcement of such additional ordinances, rules and
regulations as it may deem necessary to prevent the introduction and
spread of infectious or contagious diseases, to abate and remove all
nuisances which it shall deem prejudicial to the public health and
to preserve the public health. The Board may recommend rules for the
construction and maintenance of house drains, wash pipes, soil pipes
and on-site sewage systems and may recommend all such other rules
and regulations as it may deem necessary for the preservation of the
public health. The Board shall have such other powers relating to
health as may be delegated to the Board by the Township Council.
(2)
The Board shall also monitor the performance of the
Department of Health and shall provide recommendations and guidelines
to the Township Council, the Township Manager, and the Health Officer
with respect to the duties and functions of the Department of Health
in order to ensure that the following points of a comprehensive public
health program are being considered and addressed in the Township:
(a)
Assessment of community health needs, involving
the collection, review and interpretation of data to identify community
health needs; and coordination of services to meet the identified
health needs of the population in an effective and efficient manner.
(b)
Conduct of a comprehensive food service program,
including inspections of food establishments and training of and consultation
with operators and personnel of food establishments, designed to prevent
food-borne illness.
(c)
Investigation and follow-up of public health
complaints, involving responding to requests for services which have
public health significance, providing consultation and taking actions
to eliminate conditions found to be health hazards.
(d)
Communicable disease investigation and reporting,
involving serving as a liaison between the medical community and the
public health system for reporting purposes; preventing disease transmission
through timely, effective and efficient control measures; and participating
in epidemiological investigations.
(e)
Health information provision and referral, involving
providing information to the community to have the residents assume
a greater responsibility for disease prevention and health promotion;
utilizing community health services and resources appropriately; and
participating in community health decision-making.
C.
Administration. The Secretary of the Board shall keep minutes of the meetings of the Board. The Board may not employ any personnel or incur any expenses other than those authorized by Council. Employees authorized for the purpose of conducting a municipal health program shall be included in the authorized Manning Table of Township positions, and such employees and their appointment shall be subject to the rules of personnel administration contained within the Home Rule Charter and Article VI of this chapter. The expenses of the Board of Health shall be provided for in the annual budget of the Township in the same manner as appropriations for Township departments and subject to the financial regulations specified in Article V of this chapter.
[Added 9-28-2009 by Ord.
No. 708]
A.
The Township Council shall form a committee to be
known as the Cable Television Advisory Committee (CTAC). The CTAC
shall consist of seven members appointed by the majority vote of the
Township Council. Members of the CTAC shall be appointed for terms
of four years except at the time of the first appointments, at which
time three shall be appointed to serve for a two-year term, two shall
be appointed to serve for a three-year term, and two shall be appointed
to serve for a four-year term.
B.
In an advisory capacity, the CTAC shall endeavor to
promote and develop the best use by the community of the cable television
and communications services offered by the franchisee under this chapter,
and in particular the CTAC shall seek to stimulate the use of the
public, governmental, and educational access channels.
C.
From time to time, on its own initiative or upon certification
by the chairman of the CTAC that sufficient demand therefor exists,
the franchisee shall, at its expense, organize community television
workshops for the purpose of providing members of the community with
training in the use of television equipment.
D.
The CTAC may, from time to time, appoint such temporary
subcommittees as it deems advisable. Members of subcommittees need
not be members of the CTAC.
