A. 
The qualified voters of the borough, by the initiative, may propose and enact any ordinance which the assembly has power to enact under this charter except as otherwise provided in this section. The qualified voters of the borough, by the referendum, may approve or reject any ordinance passed by the assembly except as otherwise provided in this section.
B. 
Ordinances dedicating revenues, ordinances making, repealing, transferring, or otherwise changing appropriations, ordinances creating courts, defining the jurisdiction of courts or prescribing their rules, and special ordinances, shall not be subject to either the initiative or the referendum. Ordinances necessary for the immediate preservation of the public peace, health, or safety (herein called emergency ordinances), shall not be subject to the referendum.
An initiative or referendum shall be proposed by filing an application with the borough clerk containing the ordinance to be initiated or referred.
The application shall be signed by at least ten (10) voters who sponsor the petition.
The application shall contain a copy of the ordinance initiated or sought to be referred and conform to such other requirements as may be established by ordinance.
Upon the clerk's certification that the application is in proper form and meets the requirements of this chapter and the ordinances of the borough, the borough clerk shall prepare a petition for circulation for signatures.
The petition shall then be signed by a number of qualified voters of the borough equal at least to twenty-five percent of the total votes cast at the immediately preceding regular borough election.
A petition with sufficient signatures must be filed with the borough clerk within 90 days after the petition is issued by the borough clerk. Each copy of the petition filed must bear the sponsor's sworn statement that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be.
Within 10 days after the petition is filed, the borough clerk, with such assistance from the borough attorney as the borough clerk deems necessary, shall ascertain whether the petition is legal and has sufficient signatures, and shall certify the borough clerk's finding to said petition.
If the borough clerk certifies that a petition is insufficient, a sponsor of the petition may protest that decision by filing a written protest with the borough manager within seven days of the certification.
The borough manager shall present the protest to the assembly at its next regular meeting, and the assembly shall hear and decide the protest.
If an initiative or a referendum petition is found to be legal and to have sufficient signatures, the borough clerk, with such assistance from the borough attorney as the borough clerk deems necessary, shall prepare the ballot title and proposition for the ordinance.
The borough clerk shall place the question on the ballot for the next regular or special borough election held not less than 60 days after final determination of the legality and sufficiency of the petition.
The assembly by resolution or ordinance may call a special election for the purpose.
If, in the case of an initiative petition, the assembly enacts, prior to the election, an ordinance substantially the same as the one in the petition, or if the assembly repeals the ordinance before the referendum election, the petition is void and the matter may not be placed before the voters.
A. 
If a majority of the votes cast on the proposition favor the enactment of an initiative ordinance, it shall be enacted. If at least as many votes are cast for the approval of a referred ordinance as are cast against it, it shall be approved and go into effect; otherwise it shall be rejected.
B. 
If two or more initiated or referred ordinances which have conflicting provisions are enacted or approved at the same election, the one receiving the largest affirmative vote shall prevail.
C. 
The effect of an ordinance may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed unless the modifying or negating measure is approved by the voters. If an ordinance is repealed in a referendum election or by the assembly after a petition that contains substantially the same measure has been filed, substantially similar legislation may not be enacted for a period of two years unless the substantially similar legislation is approved by the voters.
D. 
If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified. If an initiative or referendum measure is approved by the voters or the assembly adopts a substantially similar measure after an initiative petition is filed or repeals an ordinance after a referendum is filed, a new petition application which would negate the earlier measure or enact an earlier repealed measure may not be filed sooner than six months after the earlier measure has been adopted or repealed.