The legislative branch of the government of the Borough of Chalfont shall consist of an elected governing body which shall be known as the Borough Council. The Council, when lawfully convened, shall constitute the legislative, appropriating, policy-determining and governing body of the Borough.
There shall be a Borough Council of seven members. Members shall be elected at large.
[Amended 11-7-2000; 7-9-2013 by Ord. No. 407; 1-14-2014 by Ord. No. 411]
A. 
Except as otherwise provided in this Charter, the Council shall have and exercise all such powers and duties now or hereafter conferred or imposed on said Council by applicable law.
B. 
The Council shall have, but not by way of limitation, the following powers and duties:
(1) 
To make appropriations, incur indebtedness and adopt the budget.
(2) 
To adopt, amend and repeal an administrative code and such other codes as may be required, from time to time, to protect the safety and welfare of the citizens.
(3) 
To create, alter, combine and abolish municipal departments, committees, boards, commissions, offices or agencies not headed by an elected officer or not consistent with the Charter, provided that Council shall create agencies, boards and commissions related to municipal planning to operate under terms and conditions set forth in the Pennsylvania Municipalities Planning Code, Act 247, 1968, as amended. (53 P.S. § 10101 et seq.)
(4) 
To levy taxes.
(5) 
To fix the amount of bonds of officers and employees paid from municipal funds.
(6) 
To fix the compensation of the Mayor, the Council President, the Manager and its members. The maximum rate of compensation which may be fixed, from time to time, shall not exceed the maximum rate established by the Commonwealth of Pennsylvania for the Mayor and Council members in boroughs of comparable populations. No change in the compensation of the Mayor and Council members shall become effective in their current terms of office.
(7) 
To make or cause to be made such studies or post audits and investigations as it deems to be in the best interest of the Borough.
(8) 
To hold public hearings on any matter.
(9) 
To appoint and remove the Borough Solicitor and members of all authorities, boards, and commissions which may, or which may from time to time, be established by the Council, except as otherwise provided by law or this Charter.
(10) 
To adopt, by ordinance, a personnel system.
(11) 
To adopt procedures which shall provide for the purchase of products, goods, and services, the making of contracts and the sale or lease of personal or real property of the Borough. Such procedures shall provide for negotiated contracts, competitive bidding, detailed bidding procedures, assurance of controls on aggregate spending and safeguards against special interests.
(12) 
To exercise any of its powers or perform any of its functions and participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the United States of America or any agency thereof and/or the Commonwealth of Pennsylvania and any political subdivision or agency thereof. The Borough shall have authority to cooperate with other municipalities and governmental units to furnish services to them and to accept services from them.
(13) 
To adopt, by resolution, all necessary rules and regulations for its conduct and procedure. Such rules shall be designed to assure full and equal participation in the deliberations of the Council by all its members.
(14) 
To provide for all reasonable opportunity for the citizens and taxpayers of the Borough to address the Council on matters of concern.
(15) 
To make provision for any matter of Borough government not otherwise provided for, including, but not restricted to, any necessary matter involved in the transition to this Charter form of government.
A. 
The Council shall organize on the first Monday of January at 8:00 p.m. of each even-numbered year in the Borough Hall or such other designated location. In any year when the first Monday of January shall be a legal holiday, the organization meeting of Council shall be held on the first day following which is not a legal holiday.
B. 
The Council, at this organization meeting, shall elect from its membership a President and a Vice President, who shall hold such offices at the pleasure of Council. The President or, in the absence of the President, the Vice President shall preside at all meetings of the Council. The President and Vice President shall on all questions before the Council have and may exercise the vote to which each is entitled as a Council member, except as outlined in § C3-10.
C. 
The Mayor shall preside over the organization of Council until it has elected a President. In the case of the absence of the Mayor at the organization meeting, Council shall choose one of its members to preside.
[Amended 11-7-2000]
The Borough staff shall consist of the following:
A. 
Borough Manager. The Manager shall be the Chief Administrative Officer of the Borough of Chalfont and shall be responsible to Council for the proper and efficient administration of the affairs of the Borough. The powers and duties of administration of all Borough of Chalfont business shall be vested in the Manager, unless expressly imposed or conferred by statute, by the Charter or by ordinance upon other Borough of Chalfont officers. The office of Borough Manager shall not be deemed incompatible with the office of Borough Secretary, Borough Treasurer or any other Borough office or employment, except that of Councilperson. Borough Council may delegate, subject to recall, any of its nonlegislative powers and duties to the Manager. The powers and duties of the Manager shall include the following:
(1) 
Exercise administrative supervision over all Borough departments except the Police Department and other departments, the supervision of which has not been delegated to the Manager by Borough Council.
(2) 
Hire, suspend or discharge any employee under his or her supervision with the advice and prior consent of Council.
(3) 
Fix wages and salaries of all personnel under his or her supervision, within a range previously determined by Council.
(4) 
Prepare, with the assistance of the President of Council, the budget for the next fiscal year and explanatory budget message prior to a date determined by Borough Council. In preparing the budget, the Manager, or an officer designated by the Manager, shall obtain from the head of each department, agency, board or officer an estimate of revenues and expenditures and other supporting data as he or she deems necessary and requests. The Manager shall assist in reviewing such estimates and may revise them before submitting the budget to Borough Council.
(5) 
Be responsible for the administration of the budget after its adoption by Borough Council.
(6) 
Hold such other Borough of Chalfont offices and head such Borough of Chalfont departments as Council may, from time to time, direct.
(7) 
Shall attend all meetings of Borough Council and may attend committee meetings with the right to take part in the discussions and shall receive notice of all special meetings of Borough Council and of its committees.
(8) 
Prepare the agenda for each meeting of Borough Council and provide the agenda and pertinent facts thereto to each member of Borough Council in advance of each meeting.
(9) 
Keep Borough Council informed as to the conduct of Borough affairs, submit periodic reports on the condition of the Borough finances and such other reports as the Borough Council may, from time to time, request and shall make such recommendations to the Council as deemed necessary.
(10) 
Submit to the Borough Council, as soon as possible after the close of the fiscal year, a complete report on the financial and administrative activities of the Borough.
(11) 
See that the provision of all franchises, leases, permits and privileges granted by the Borough are observed.
(12) 
Employ, after securing the approval of Borough Council, experts and consultants to perform work and to advise in connection with any of the activities and/or functions of the Borough.
(13) 
Attend to the letting of contracts as approved by the Borough Council in due form of law and shall supervise the performance and faithful execution of the same, except insofar as such duties are expressly imposed upon some other Borough officer by statute.
(14) 
See that all money owed to the Borough is promptly paid and that proper proceedings are taken for the security and collection of all of the Borough's claims.
(15) 
Be the purchasing officer of the Borough and shall purchase, in accordance with the provisions of the Borough of Chalfont Home Rule Code, all supplies and equipment for the various agencies, boards, departments and other offices of the Borough. The Manager shall keep an account of all purchases and shall, from time to time, or when directed by Council, make a full, written report thereof. The Manager shall also issue rules and regulations, which rules and regulations shall be subject to the approval of Borough Council, governing the requisition and purchasing of all Borough supplies and equipment.
(16) 
Cooperate with the Borough Council at all times and in all matters in order that the best interests of the Borough and of the general public may be maintained.
(17) 
All complaints regarding services or personnel of the Borough of Chalfont, except relating to police, shall be referred to the office of the Manager. The Manager, or an officer designated by the Manager, shall investigate and dispose of such complaints and the Manager shall report thereon to Borough Council.
(18) 
Execute and secure enforcement of all resolutions and ordinances by the Code Enforcement Officer or the Police Department unless said resolutions or ordinances delegate the authority of enforcement to another individual(s), in which case enforcement shall be secured through said individual(s).
B. 
Secretary. The Borough Secretary shall keep minutes of Council meetings and keep its records and shall perform other duties and functions as the Council shall assign, from time to time, and/or as established by the Administrative Code.
C. 
Treasurer. The Borough Treasurer shall administer the financial affairs of the Borough and shall:
(1) 
Receive, collect, account for and deposit into the Borough treasury all taxes, fees, funds, assessments or charges that are levied, established or received by the Borough for general or special purposes. Such deposits shall be made no later than the first business day following the day in which the funds are received.
(2) 
Disburse Borough funds pursuant to authorization for payment made by Council and shall sign, along with the individuals specified in the Administrative Code, all checks, drafts or instruments which disburse Borough funds. The Administrative Code shall designate the individuals who shall sign all checks, drafts or other instruments in the absence of the Borough Treasurer.
(3) 
Arrange for investments of Borough funds in the manner provided by this Charter and the law of the General Assembly of the Commonwealth of Pennsylvania.
(4) 
Deposit the funds of the Borough in depositories as designated by the Council. All such accounts shall be in the name of the Borough.
(5) 
Perform other duties and functions as the Council shall assign, from time to time, and/or as established by the Administrative Code.
D. 
Other officers. Department directors and other officers may be appointed who shall perform duties and functions established by the Council, not inconsistent with other provisions of this Charter.
Individual Council members shall not exercise any power of Council unless such authority shall be specifically delegated by Council or by this Charter.
[Amended 7-9-2013 by Ord. No. 407; 1-14-2014 by Ord. No. 411]
A. 
All meetings of the Council shall be open to the public and public notice of all meetings shall be given.
B. 
The Council shall convene in regular meetings not less than once a month at such times and places as the Council may prescribe, except as otherwise provided in this Charter.
C. 
Council may adjourn to a stated time for general business or for special business.
D. 
Special meetings shall be called by the President of Council or upon written request by at least three of the members of Council. Members shall have at least 24 hours' notice of special meetings. The notice shall contain a statement of the nature of the business to be considered. Presence at a meeting constitutes waiver of notice.
E. 
Council may provide for the participation of Council members in meetings of Council by means of telecommunication devices, such as telephones or computer terminals, which permit, at a minimum, audio communication between locations, provided that:
(1) 
A majority of the membership of Council then in office is physically present at the advertised meeting place within the Borough and a quorum is established at the convening or reconvening of the meeting. If after the convening or reconvening of a meeting a member has been disqualified from voting as a matter of law, but is still physically present, Council members participating by telecommunication device in accordance with this section shall be counted to maintain a quorum.
(2) 
The telecommunication device used permits the member or members of Council not physically present at the meeting to:
(a) 
Speak to and hear the comments and votes, if any, of the members of Council who are physically present as well as other members of Council who may not be physically present and who are also using a telecommunication device to participate in the meeting; and
(b) 
Speak to and hear the comments of the public who are physically present at the meeting.
(3) 
The telecommunication device used permits the members of Council and the members of the public who are physically present at the meeting to speak to and hear the comments and the vote, if any, of the member or members of Council who are not physically present at the meeting.
(4) 
Council may only authorize participation by telecommunication device for one or more of the following reasons for physical absence:
(a) 
Illness or disability of the member of Council;
(b) 
Care for the ill or newborn in the member's immediate family;
(c) 
Emergency; and
(d) 
Family or business travel.
A majority of the members of Council then in office shall constitute a quorum. The Council shall conduct no business except in the presence of a quorum. If no quorum is present at a regular or adjourned meeting, a majority of the members of Council who are present may agree upon another date and hour for a meeting and members so present may continue so to agree until a meeting can be held with a quorum in attendance.
The action of a majority of the Council shall be binding upon and constitute the action of the Council, except as otherwise provided in this Charter.
A. 
All action of the Council shall be taken by the adoption of an ordinance, resolution or motion. All legislation shall be enacted by the adoption of an ordinance. All ordinances and resolutions must be in written form. All final action in adopting ordinances or resolutions shall be by roll call vote and the vote of each member of Council shall be entered in the record of the meeting.
B. 
All Council members present at the meeting shall be required to vote on all issues and questions put to a vote of the Council, except as restricted by this Charter or unless a Council member shall have a personal or financial interest in the matter, in which case the Council member shall abstain and inform the Council of the reason for abstaining.
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) 
Levy taxes or change the fiscal year.
(2) 
Adopt or amend zoning regulations, a Zoning Map, subdivision regulations, land development and land regulations.
(3) 
Establish, alter or abolish rates charged for any utility or other service supplied by the Borough.
(4) 
Authorize the borrowing of money.
(5) 
Establish a rule or regulation, the violation of which imposes a fine or other penalty. All fines and penalties, however, must be authorized by the ordinance.
(6) 
Grant, renew or extend a franchise.
(7) 
Convey, lease or authorize the conveyance or lease of any lands of the Borough.
(8) 
Adopt or amend an Administrative Code (Chapter 1, Part 1)[1] and such other codes as may be required, from time to time, to protect the safety and welfare of the citizens, alter or abolish any Borough department, office or agency, except agencies, boards and commissions related to municipal planning operating under terms and conditions set forth in Pennsylvania Municipalities Planning Code, Act 247, 1968, as amended.
[1]
Editor's Note: See Ch. 10, Administration of Government, of the Code of the Borough of Chalfont.
(9) 
Adopt or amend a code establishing a personnel system for the Borough.
(10) 
Fix the compensation of Council members and the Mayor.
(11) 
Amend or repeal any ordinance previously adopted, except as otherwise provided in Article VIII with respect to repeal of ordinances reconsidered under the referendum power.
B. 
Actions other than those referred to in this section may be done either by ordinance, by resolution or by motion.
The enacting clause of all ordinances shall be the "Borough of Chalfont hereby ordains."
A. 
An ordinance may be introduced by any member of the Council or the Mayor. A copy of each proposed ordinance or an amendment to a proposed ordinance shall be provided for each Council member and the Mayor at the time of its introduction and copies shall be provided for public inspection in the office of the Borough Secretary until it is finally adopted or fails adoption.
B. 
Except in cases of emergency ordinances, every proposed ordinance shall be considered two times in separate Council meetings, but at least one week shall elapse between introduction and final passage.
C. 
Persons interested in a proposed ordinance shall be given an opportunity to speak and be heard before the Council in accordance with such rules and regulations as Council may adopt.
D. 
If the Council adopts an amendment to a proposed ordinance which constitutes a change in substance, the proposed ordinance as amended shall be placed on file for public inspection in the office of the Borough Secretary for at least one additional week before final passage.
E. 
To meet a public emergency affecting life, health, property or public safety, the Council may adopt an emergency ordinance at the meeting at which it is introduced and the Council may make it effective immediately, except that no such ordinance may be used to levy taxes, grant or extend a franchise or authorize the borrowing of money except as provided by the laws of the Commonwealth of Pennsylvania or this Charter. An emergency ordinance 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 the adoption of an emergency ordinance, the Council shall have it publicized in full within 10 days in at least one newspaper of general circulation in the Borough. Every emergency ordinance shall automatically stand repealed as of the 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 be repealed at any time.
[Amended 7-9-2013 by Ord. No. 407; 1-14-2014 by Ord. No. 411]
The penalty for the violation of any ordinance shall be in accordance with the Borough of Chalfont Fee Schedule. 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 11-7-2000; 7-9-2013 by Ord. No. 407; 1-14-2014 by Ord. No. 411]
A. 
Prior to adoption, all ordinances shall be published one time in at least one newspaper of general circulation in the Borough. Publication shall occur not less than seven days prior to the enactment of the ordinance and shall include:
(1) 
The ordinance or a general summary thereof.
(2) 
The places where copies of it have been filed.
(3) 
The times when copies are available for public inspection.
B. 
The effective date of the ordinance shall be at the date of adoption of the ordinance, unless a later date is specified in the ordinance.
A. 
All ordinances and resolutions of the Borough shall be certified by the signature of the Borough Secretary.
B. 
Every ordinance shall, before it take effect, be submitted by the Borough Secretary to the Mayor for approval. If the Mayor approves the ordinance by signature, it shall become law. If disapproved by the Mayor, the ordinance shall be returned to the Council within 15 days after receipt by the Mayor along with the Mayor's written reason(s) for disapproval. If the Council shall then pass the ordinance by an affirmative vote of five members within 15 days after the ordinance has been returned with the Mayor's disapproval, it shall become law without the Mayor's approval. If the Mayor does not return the ordinance within the time required, it shall become law without the Mayor's approval.
C. 
All ordinances and resolutions shall be promptly entered verbatim in permanent separate record books for ordinances and resolutions. It shall not be necessary, however, to record in the ordinance book the full text of any ordinance where there is a specific provision in the laws of Pennsylvania permitting adoption and recording by reference, or in the case of any ordinance adopting, with or without amendment or modification, any building code, plumbing code or other code complete in itself for the regulation of any trade, occupation or line of activity or undertaking, but the ordinance adopting the same by reference shall be entered and the entry shall indicate where the complete code or ordinance is available for record. These books shall be in the custody and control of the Borough Secretary and all entries made therein shall be at the direction of the Secretary.
Within three years after adoption of this Charter and thereafter at intervals not to exceed eight years, the Council shall provide for the preparation of a general codification of all Borough ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly in bound or loose-leaf form together with this Charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the Commonwealth of Pennsylvania, and such other rules and regulations as the Council may specify. This compilation shall be known and cited officially as the "Borough of Chalfont Code." Copies of the Code shall be furnished to Borough officers and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by Council.