[HISTORY: Adopted by the Board of Supervisors of the Township of Spring as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-8-2016 by Ord. No. 423]
The Township declares its intent to follow the schedules and procedures for disposition of records as set forth in the Municipal Records Manual.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Township may approve by resolution all future individual acts of disposition of records, as authorized by 53 Pa.C.S.A. § 1381 et seq.
The provisions of this article are severable, and if any section, sentence, clause, part or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Township that such article would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
The Code of Ordinances of the Township shall be and remain unchanged and in full force and effect except as amended, supplemented or modified by this article. This article shall become a part of the Code of Ordinances of the Township upon adoption.
All ordinances or parts of ordinances of this Township which are inconsistent herewith are hereby repealed.
This article shall become effective at the earliest date permitted by law following the date of its enactment.
[Adopted 6-24-2024 by Res. No. 2024-19]
All requests for access to public records of the Township of Spring shall be made in writing by completing the Request for Public Records Form. The Township will not respond to verbal or anonymous requests.
All requests for access to public records of the Township of Spring shall be directed to the Open Records Officer, Township of Spring, 2800 Shillington Road, Sinking Spring, PA 19608; facsimile: (610) 678-4571.
When a request is received for access to public records, the Township shall make a determination within five business days of receipt of the request, to grant or deny the request. The person or entity requesting the information shall be promptly notified of the Township's decision.
A. 
If, after receiving a request for access to public records, the Township determines any of the following circumstances exist, the person or entity requesting access to the records shall be issued a notice that the request is being reviewed:
(1) 
The request for access requires redaction of a public record;
(2) 
The request for access requires retrieval of a record stored in a remote location;
(3) 
A timely response to the request for access cannot be accomplished due to bona fide and specified staff limitations;
(4) 
A legal review of the request is necessary to determine whether the record is a public record subject to access under the Act;
(5) 
The person or entity requesting access to the public record has not complied with the Township' s policies regarding access to public records; or
(6) 
The person requesting access to the record refuses to pay applicable fees as contained herein;
(7) 
The extent or nature of the request precludes a response within the required time period.
B. 
The person or entity requesting access to the public record shall be informed in writing as to the specific reason that their request is being reviewed and a reasonable date a response is expected to be provided.
The request must be retained by the Township for 30 days or until final appeal determination. If a request for access to public records is denied, the person or entity requesting the records shall be informed of the reason that the request has been denied and shall be given the authority relied upon by the Township for denying access. The notice of denial shall contain the name of the person making the decision to deny access to the public record, the date of the denial, and shall include the signature of the person denying access, along with an explanation of the procedures for appealing the Township's denial of access to the record in question within 15 days to the state Office of Open Records under the Department of Community and Economic Development.
A. 
The following fees shall be applicable to requests for access to public records:
(1) 
Photocopying fees: $0.25 per page;
(2) 
Certification of a public record: $2 per record certified;
(3) 
Copying records onto electronic media: $20, plus actual cost of materials and media used for copying, and
(4) 
Copying off-site of subdivision, land development or other plans: $20, plus actual cost incurred.
B. 
The Township, in its sole discretion, may waive the fees for duplication of public records if the Township determines that it is in the public interest to do so.
If the estimated cost of duplication of a public record is expected to exceed $100, the Township may require the person or entity requesting the record to prepay the estimated fees authorized by this article, prior to providing access to the public record. Access to the records requested shall be postponed until prepayment is received.
The Township shall utilize the form attached hereto as Exhibit A to process all requests for access to the Township's public records.[1] When completed, a copy of the form shall be given to the person requesting the information and a copy shall be retained by the Township.
[1]
Editor's Note: Exhibit A is available at the Township office.