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Township of Bear Creek, PA
Luzerne County
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A. 
Composition. The electors of Bear Creek Township shall elect five supervisors who are continuous residents of the Township for at least one year before their election. The five elected members shall constitute and be called the "Board of Supervisors."
B. 
Term. Each elected supervisor shall serve a term of six years from the first Monday of the January following the Township election. In the instance that the Board of Supervisors changes the number of elected Supervisors, the Supervisors shall be elected and shall serve in accordance with the Second Class Township Code[1] and the Pennsylvania Election Code.[2]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
[2]
Editor's Note: See 25 P.S. § 2601 et seq.
C. 
Duties. A member of the Board of Supervisors may be appointed and may serve as roadmaster, laborer, secretary, treasurer, assistant secretary, assistant treasurer or in any employee capacity not otherwise prohibited by this chapter or by the Second Class Township Code. Each Supervisor may have independent duties as outlined herein, but each shall have equal power over employees and shall demand the respect granted to them by these bylaws and under Pennsylvania Law. The Board of Supervisors also reserves the right to assign tasks and duties to employees and staff necessary for the effective operation of the Township. Additionally, each check issued must have a signature from at least two Supervisors.
D. 
Compensation. Each Supervisor may be compensated as permitted in the Second Class Township Code. Any hours worked must be reasonable and must be related to official Township business.
E. 
End-of-term requirements. At the end of the term of a Supervisor, should he or she not be elected to a subsequent term, said Supervisor(s) shall, on or before the expiration of his or her term, return all keys, documents, papers, security codes and other documentation or information that has been provided to said Supervisor(s) during his or her term. All documents, keys, access codes and information provided to the Supervisor(s) is proprietary to the Township and shall not be used, in any manner, after the term of the Supervisor has ended. The subsequent Board shall have the right to take any and all legal action necessary to enforce this provision, and, should the Township prevail, the Township shall be entitled to reimbursement of all fees and costs, including but not limited to attorneys' fees incurred in the collection of the material which must be returned.
A. 
Appointment. The Board of Supervisors shall, at a convenient time and place, on the first Monday in January of each year, appoint an individual to serve as Roadmaster to the Township. The appointed Roadmaster may be a member of the Board of Supervisors. If the Roadmaster is not a member of the Board of Supervisors, the Roadmaster shall report to the Chairperson of the Board of Supervisors.
B. 
Department. The Roadmaster shall serve as a member and administrator of the public works department of Bear Creek Township. The Roadmaster shall supervise maintenance crew in the performance of work, plan and direct work projects, ensure appropriate utilization of resources, respond to public inquiries and complaints, and perform the duties and responsibilities of a skilled maintenance worker.
C. 
Duties. The Roadmaster shall have the following duties and responsibilities:
(1) 
Supervise maintenance crew in the performance of work, provide on-the-job training, establish work methods, communicate policy, rules and regulations, ensure work meets quality standards, enforce safety standards, schedule and assign work projects, evaluate work performance and provide feedback, resolve employee grievances, approve leave, effectively recommend hire, discipline and discharge;
(2) 
Plan, coordinate and schedule projects, e.g., maintenance and repair of roads, maintenance of parks grounds and Township buildings, maintenance of vehicles and equipment; coordinate time, material and labor with staff and contractors to achieve objectives; prepare daily log of activities;
(3) 
Recommend and administer operating budget; ensure proper control of expenditures and efficient use of materials, equipment and labor; establish and update inventory, and make purchases of tools, materials and supplies; prepare bid specifications, monitor contracts; assess current projects for cost efficiency and effectiveness and prepare capital improvements and renewal plans;
(4) 
Respond to inquiries and complaints from the public; follow up with appropriate course of action; meet with Township officials to discuss problems or issues regarding projects;
(5) 
Inspect equipment, facilities, grounds and Township roads; check for safety hazards, diagnose problems and determine need for maintenance or repair; provide ongoing assessment of operations and recommend improvements;
(6) 
Attend the Board of Supervisor's regular meeting to provide a written and oral report of department activities and recommendations;
(7) 
Perform the duties and responsibilities of skilled maintenance workers; perform general road, parks, building and equipment maintenance and repair; operate light, medium and heavy equipment to perform maintenance and repair work; respond to emergency calls out to remove snow, open access to Township roads or perform repairs.
A. 
Appointment. The Board of Supervisors shall, at a convenient time and place, on the first Monday in January of each year, appoint an individual to serve as Secretary to the Township. The appointed Secretary may be a member of the Board of Supervisors. The Secretary may also hold the position of Treasurer.
B. 
Department. The Township Secretary shall report directly to the Chairperson of the Board of Supervisors or another Supervisor as chosen by the Board, or, if the Secretary is a member of the Board of Supervisors shall report to the other members of the Board on all matters but shall have decisionmaking power only as outlined in Subsection C herein and as set forth in the Second Class Township Code.
C. 
Duties. The Township Secretary shall have the following duties and responsibilities:
(1) 
Record the proceedings of the Board of Supervisors and all court orders relative to the laying out, opening and vacating of roads in a minute book.
(2) 
Preserve the minute book and other records and turn them over to the successor in office.
(3) 
With the consent of the Board of Supervisors and in conformity with other laws governing the retention and disposition of municipal records, have the authority to destroy records and papers of the Township other than the minute book and account book after the lapse of six years from the date of the records.
(4) 
Inform supervisors of all Township meetings, including special meetings of the Board of Supervisors.
(5) 
Provide a monthly report to the Board of Supervisors of any relevant activity concerning the Township of which the Secretary may be aware, or in which the Secretary may be involved.
(6) 
Attend and participate in Board of Supervisors monthly meetings. Keep abreast of new developments in municipal government. Attend training sessions related to all Township functions.
(7) 
Interpretation of Township policies, Township code and other regulations for the proper procedure of maintaining Township records.
(8) 
Oversee the daily operation of the Township Office.
(9) 
Administer employee benefits and insurance programs.
(10) 
Maintain files and records of various office activities.
(11) 
Maintain Township minute book.
(12) 
Order and maintain supplies of office equipment, forms, and etc.
(13) 
Assist agenda for Supervisors meeting.
(14) 
Communicate with Township Engineer and Solicitor after consultation with the Chair of the Board of Supervisors.
A. 
Appointment. The Board of Supervisors may, at a convenient time and place, on the first Monday in January of each year, appoint an individual to serve as Assistant Secretary to the Township. The appointed Assistant Secretary may be a member of the Board of Supervisors. The Assistant Secretary may also hold the position of Treasurer.
B. 
Department. The Township Assistant Secretary shall report to the Secretary and, ultimately, to the Board of Supervisors, or, if the Assistant Secretary is a member of the Board of Supervisors, shall report to the other members of the Board on all matters but shall have decisionmaking power only as outlined in Article II. Subsection C herein and as set forth in the Second Class Township Code.
C. 
Duties. The Assistant Secretary shall assist the Township Secretary in effectuating the requirements set forth in § 6-6C of this article. In the event the Secretary cannot act, for whatever reason, the Assistant Secretary shall assume the duties of Secretary. The Assistant Secretary need not attend the monthly Board of Supervisor meetings unless substituting for the Secretary or if specifically requested by the Secretary or members of the Board of Supervisors.
A. 
Appointment. The Board of Supervisors shall, at a convenient time and place, on the first Monday in January of each year, appoint an individual to serve as Treasurer to the Township. The appointed Treasurer may be a member of the Board of Supervisors. The Treasurer may also hold the position of Secretary or Assistant Secretary.
B. 
Department. The Treasurer shall report directly to the Board of Supervisors, or, if the Treasurer is a member of the Board of Supervisors, shall report to the other members of the Board on all matters but shall have decisionmaking power only as outlined in Subsection C herein and as set forth in the Second Class Township Code.
C. 
Duties. The Treasurer shall have the following duties and responsibilities:
(1) 
Receive all monies due the Township and deposit the same promptly upon receipt thereof in the depositories selected by the Board of Supervisors.
(2) 
Keep a distinct and accurate account of all monies received by the Township. All money shall be segregated into funds as required by law and or Township financial policy.
(3) 
Prepare an accurate monthly Treasurer's Report for presentation to the Board of Supervisors. Said report shall include all receipts, accounts, and investments held.
(4) 
Prepare checks for payment of bills.
(5) 
Prepare a list of all disbursements received and submit to the Board of Supervisors at regular meeting for approval.
(6) 
Present the Supervisors reports for all Township funds.
(7) 
Maintain Township employee payroll records.
(8) 
Maintain all Township financial records in an orderly fashion for presentation to the auditors for the required annual audit.
(9) 
Complete all state required financial forms for submission as required by law.
(10) 
Assist in the preparation of the Township's annual budget.
(11) 
Attend and participate in Board of Supervisors monthly meetings. Keep abreast of new developments in municipal government. Attend training sessions related to all Township functions.
(12) 
Interpretation of Township policies, Township Code and other regulations for the proper procedure of maintaining Township financial records.
(13) 
Sign all checks.
(14) 
Perform bookkeeping functions and account for Township funds.
(15) 
Assist agenda for Supervisors meeting.
A. 
Appointment. The Board of Supervisors may, at a convenient time and place, on the first Monday in January of each year, appoint an individual to serve as Assistant Treasurer to the Township. The appointed Assistant Treasurer may be a member of the Board of Supervisors. The Assistant Treasurer may also hold the position of Secretary or Assistant Secretary.
B. 
Department. The Assistant Treasurer shall report to the Secretary and, ultimately to the Board of Supervisors, or, if the Assistant Treasurer is a member of the Board of Supervisors, shall report to the other members of the Board on all matters but shall have decisionmaking power only as outlined in Subsection C herein and as set forth in the Second Class Township Code.
C. 
Duties. The Assistant Treasurer shall assist the Treasurer in effectuating the requirements set forth in § 6-8C of this article. In the event the Treasurer cannot act, for whatever reason, the Assistant Treasurer shall assume the duties of Treasurer. The Assistant Treasurer need not attend the monthly Board of Supervisor meetings unless substituting for the Treasurer or if specifically requested by the Treasurer or members of the Board of Supervisors.
A. 
Appointment. The Board of Supervisors may appoint an individual or individuals to serve as Secretary to the Township's Planning Commission and/or Zoning Hearing Boards.
B. 
Department. The Secretary shall report to the Chairperson of the respective Commission or Board.
C. 
Duties. The Secretary shall have the following duties and responsibilities:
(1) 
Order and maintain supplies of office equipment, forms, etc.
(2) 
Collect and organize materials for reports.
(3) 
Prepare agenda for monthly meeting.
(4) 
Communicate with the Planning Commission or Zoning Hearing Board.
(5) 
Attend monthly meeting of Planning Commission and/or Zoning Board.
(6) 
Prepare minutes for approval and presentation to all boards and members.
(7) 
Keep a bond minute book for each board or commission.
(8) 
Prepare legal advertisement in accordance with the law for zoning hearings.
(9) 
Notify board members and solicitors of upcoming zoning hearings.
(10) 
Work with Code Enforcement Officer when requested.
(11) 
Prepare correspondence upon request.
A. 
Appointment. The Board of Supervisors shall, at a convenient time and place, on the first Monday in January of each year, appoint an individual, firm, partnership, association or professional legal corporation to serve as Solicitor to the Township. The appointed Solicitor shall be licensed to practice law in the Commonwealth of Pennsylvania.
B. 
Department. The Solicitor shall report directly to the Chairperson of the Board of Supervisors or such other Supervisor as the Board may direct. The Solicitor shall serve at the pleasure of the Board of Supervisors.
C. 
Duties. The Township Solicitor shall direct and control the legal matters of the Township, and no official or official body of the Township, except as otherwise provided under law, shall employ an additional attorney without the assent or ratification of the Board of Supervisors. The Township Solicitor, when directed or requested so to do, shall prepare or approve any bonds, obligations, contracts, leases, conveyances, ordinances and assurances to which the Township may be a party. The Township Solicitor shall commence and prosecute all actions brought by the Township for or on account of any of the estates, rights, trusts, privileges, claims or demands, as well as defend the Township or any Township officer against all actions or suits brought against the Township or Township officer in which any of the estates, rights, privileges, trusts, ordinances or accounts of the Township may be brought in question before any court in this commonwealth and do every professional act incident to the office which the Township Solicitor may be authorized or required to do by the Board of Supervisors or by any resolution. The Township Solicitor shall furnish the Board of Supervisors, upon request, with an opinion in writing upon any question of law.
A. 
Appointment. The Board of Supervisors shall, at a convenient time and place, on the first Monday in January of each year, appoint an individual to serve as the Local Code Enforcement Officer to the Township.
B. 
Department. The Local Code Enforcement Officer shall report directly to the Chairperson of the Board of Supervisors, or a Supervisor designated by the Board.
C. 
Duties. The Local Code Enforcement Officer shall have the following duties and responsibilities:
(1) 
To administer and enforce all provisions of the Township's Zoning Ordinance[1] and the Subdivision and Land Development Ordinance (SALDO),[2] including but not limited to accepting applications made to the Township, reviewing submissions for Code and ordinance compliance and timely responses to applicants as to the approval or denial of any applications or submissions.
[1]
Editor's Note: See Ch. 127, Zoning.
[2]
Editor's Note: See Ch. 109, Subdivision and Land Development.
(2) 
To report regularly to the Township Supervisors on all aspects of Zoning and SALDO enforcement on a monthly basis in written format.
(3) 
To act as agent for the Zoning Hearing Board solely for the purpose of receiving and transmitting applications requiring action by the Board and for the purposes of enforcing action taken by that board.
(4) 
To receive and review all applications for building permits, certificates of use, variances, special exceptions, or a change of use, and accept zoning permit applications for all land development and zoning submissions made to the Township.
(5) 
To refer within 15 days after receipt all applications for a variance, special exception, or change of use to the Zoning Hearing Board.
(6) 
To identify and register nonconforming uses and structures in the Township nonconforming use registry.
(7) 
Prepare legal ads for paper when needed.
(8) 
Submit agenda to the Board for review and verification regarding any action to be taken at either Planning Board or Zoning Board one week prior to meeting date.
(9) 
Have all fees paid by check, made payable to the Board of Supervisors of Bear Creek Township. All checks must be presented to the Township Treasurer before the last Monday of each month, along with a list of permits issued which should coincide with the amount of fees collected for that period of time.
(10) 
Collect fee for the purchase of Planning and Zoning books available from his or her office.
(11) 
Review tax duplicate during the year and make a report of new dwellings or deleted units and improvements.
(12) 
Contact Solicitor in writing of legal action for verification and direction only after consultation with Board of Supervisors.
(13) 
Attend Zoning Board and Planning Commission meetings when action is to be taken.
(14) 
The Code Enforcement Officer shall administer the Zoning and SALDO ordinances in accordance with its literal terms, and shall not have the power to permit any construction, or any use, or change of use, which does not conform to said ordinances.
(15) 
Make available forms for complaints in Township. No complaint will be acted upon unless forms are filled out and signed by persons making the complaints or if a violation is so seen by the Code Enforcement Officer or if the Code Enforcement Officer is put on notice through some other method or through other information received.
(16) 
The Zoning Officer shall give timely written notice to all applicants on any denial or revocation.
(17) 
To maintain the Township house numbers in registry and assign house numbers for all new structures in the Township.
(18) 
Not issue any building permits without a sewage permit number for the Sewage Enforcement Officer (SEO).
(19) 
To maintain complete records on the Township road system including rights-of-way, deed easements, straight line dimension sheets, profiles, etc.
(20) 
To answer all complaints including those where a potential health hazard may exist.
(21) 
To attend schools and seminars on code enforcement when directed by the Township Supervisors.
(22) 
To file necessary yearly reports as required by the government.
(23) 
Copies of all correspondence from the Zoning Officer shall be forwarded to the Secretary.
(24) 
To keep a bound book listing all applications, permits and fees and dates issued.
(25) 
To attend court hearings before any court of competent jurisdiction for matters relating to the Township Code enforcement laws, ordinances or position.
A. 
Appointment. The Board of Supervisors shall, at a convenient time and place, on the first Monday in January of each year, appoint an individual to serve as the Building Code Official to the Township. The appointed Building Code Official may be a member of the Board of Supervisors, or may be third-party individual, entity or corporation.
B. 
Department. The Building Code Officer shall report directly to the Chairperson of the Board of Supervisors, or a Supervisor designated by the Board, or, if the Code Enforcement Officer is a member of the Board of Supervisors, shall report to the other members of the Board on all matters but shall have decisionmaking power only as outlined in Subsection C herein and as set forth in the Second Class Township Code.
C. 
Duties. The Building Code Official shall be responsible for enforcing and overseeing all issues and permits with regard to the Pennsylvania Uniform Construction Code[1] and the Bear Creek Township building code duly adopted.[2] The Building Code Official may establish fees for its administration and enforcement and time periods for payment of the fees. The municipality or third-party agency may establish a required time period for payment of the fees and fees for plan review, inspections and other activities related to the Uniform Construction Code and the Bear Creek Township building code duly adopted. In addition to the duties outlined in the Bear Creek Township building code and the Pennsylvania Uniform Construction Code, the Building Code Official shall:
(1) 
Examine the construction documents and shall determine whether the construction indicated and described is in accordance with the Uniform Construction Code and other pertinent laws or ordinances as part of the application process.
(2) 
Perform inspections to insure that the construction complies with the approved permit and the Uniform Construction Code.
(3) 
Notify a permit holder if construction complies with the Uniform Construction Code or fails to comply with the Uniform Construction Code.
(4) 
Conduct a final inspection of the completed construction work and file a final inspection report, which indicates that all of the areas met Uniform Construction Code requirements after a final inspection of the completed construction work.
(5) 
May authorize the temporary connection of a building or system under construction to a utility source of energy, fuel or power.
(6) 
Conduct a final inspection of the completed construction work and file a final inspection report that indicates compliance with the Uniform Construction Code.
(7) 
Review the plans and application to see that they comply with the requirements of the Zoning Ordinance[3] as written and as instructed by the Board of Supervisors of Bear Creek Township.
[3]
Editor's Note: See Ch. 127, Zoning.
(8) 
To inspect all structures and uses for which a certificate is required.
(9) 
To issue occupancy permits for structures which have been constructed or altered in accordance with an approved application.
(10) 
To assist the Township Supervisors or consulting engineer on flood control problems and various other projects.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[2]
Editor's Note: See Ch. 58, Construction Codes, Uniform.