A.
Initiative. The qualified voters of the Township shall have power
to propose ordinances to the Board and, if the Board fails to adopt
an ordinance so proposed without any change in substance, to adopt
or reject it at a Township election, provided that such power shall
not extend to the budget or capital program or any ordinance relating
to appropriation of money, levy of taxes or salaries of Township officers
or employees. No proposed initiative ordinance shall contain more
than one subject and the subject thereof shall be clearly expressed
in the title of such ordinance.
B.
Referendum. The qualified voters of the Township shall have power
to require reconsideration by the Board of any adopted ordinance and,
if the Board fails to repeal an ordinance so reconsidered, to approve
or reject it at a Township election, provided that such power shall
not extend to the budget or capital program or any emergency ordinance
or ordinance relating to appropriation of money or levy of taxes.
Any ten qualified voters may commence initiative or referendum
proceedings by filing with the Township Secretary an affidavit stating
they will constitute the petitioners' committee and be responsible
for circulating the petition and filing it in proper form, stating
their names and addresses and specifying the address to which all
notices to the committee are to be sent and setting out in full the
proposed initiative ordinance or citing the ordinance sought to be
reconsidered.
Promptly after the affidavit of the petitioners' committee is
filed, the Township Secretary shall issue the appropriate petition
blanks to the petitioners' committee.
A.
Number of Signatures. Initiative and referendum petitions must be
signed by qualified voters of the Township equal in number to at least
15% of the total number of qualified voters registered to vote at
the last regular Township election.
B.
Form and Content. All papers of a petition shall be uniform in size
and style and shall be assembled as one instrument for filing. Each
signature shall be executed in ink or indelible pencil and shall be
followed by the address of the person signing. Petitions shall contain,
or have attached thereto, throughout their circulation the full text
of the ordinance proposed or sought to be reconsidered.
C.
Affidavit of Circulator. Each paper of a petition shall have attached
to it when filed an affidavit executed by the circulator thereof stating
that he or she personally circulated the paper, the number of signatures
thereon, that all the signatures were affixed in his or her presence,
that he or she believes them to be the genuine signatures of the persons
whose names they purport to be and that each signer had an opportunity
before signing to read the full text of the ordinance proposed or
sought to be reconsidered.
D.
Time for Filing Referendum Petitions. Referendum petitions must be
filed within 45 days after final adoption by the Board of the ordinances
sought to be reconsidered.
A.
Certificate of Secretary; Amendment. Within 20 days after the petition is filed, the Township Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Township Secretary within 2 days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (B) and (C) of § 14.03, and within 5 days after it is filed, the Township Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail, as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient, and the petitioners' committee does not elect to amend or request Board review under subsection (B) of this Section within the time required, the Township Secretary shall promptly present his or her certificate to the Board and the certificate shall then be final determination as to the sufficiency of the petition.
B.
Board Review. If a petition has been certified insufficient and the
petitioners' committee does not file notice of intention to amend
it, or if an amended petition has been certified insufficient, the
committee may, within 2 days after receiving the copy of such certificate,
file a request that it be reviewed by the Board. The Board shall review
the certificate at its next meeting following the filing of such request
and approve or disapprove it.
C.
Court Review; New Petition. A determination as to the sufficiency
of a petition by the Board may be appealed to the Court of Common
Pleas. A determination of insufficiency, even if sustained upon court
review, shall not prejudice the filing of a new petition for the same
purpose.
When a referendum petition is filed with the Township Secretary,
the ordinance sought to be reconsidered shall be suspended from taking
effect. Such suspension shall terminate:
A.
Action by Board. When an initiative or referendum petition has been finally determined sufficient, the Board shall promptly consider the proposed initiative ordinance in the manner provided in Article III of the Charter, or reconsider the referred ordinance by voting its repeal. If the Board fails to adopt a proposed initiative ordinance without any change in substance within 60 days, or fails to repeal the referred ordinance within 45 days after the date the petition was determined sufficient, it shall submit the proposed or referred ordinance to the voters of the Township.
B.
Submission to Voters. A vote by the electorate of the Township on
a proposed or referred ordinance shall be held not less than 45 days
and not later than 1 year from the date of the final Board vote thereon.
If no regular Township election is to be held within the period prescribed
in this subsection, the Board shall petition the County Board of Elections
for a special election; otherwise, the vote shall be held at the same
time as such regular election. Copies of the proposed or referred
ordinance shall be made available at the polls.
C.
Withdrawal of Petitions. An initiative or referendum petition may
be withdrawn at any time prior to the 15th day preceding the day scheduled
for a vote by the electorate of the Township by filing with the Township
Secretary a request for withdrawal signed by at least seven members
of the petitioners' committee. Upon the filing of such request, the
petition shall have no further force or effect and all proceedings
thereon shall be terminated.
A.
Initiative. If a majority of the qualified electors voting on a proposed
initiative ordinance vote in its favor, it shall be considered adopted
upon certification of the election results and shall be treated in
all respects in the same manner as ordinances of the same kind adopted
by the Board. If conflicting ordinances are approved at the same election,
the one receiving the greatest number of affirmative votes shall prevail
to the extent of such conflict.
B.
Referendum. If a majority of the qualified electors voting on a referred
ordinance vote against it, it shall be considered repealed upon certification
of the election results.
Any ordinance proposed under the provisions of Article XIII of this Charter, whether passed by the Board or adopted by a vote of the electors, cannot be repealed or amended within 2 years of its effective date except by a vote of the electors.
