Official actions of the Board shall be taken
by ordinance, resolution or motion, as provided for in the First Class
Township Code[1] or by the Lower Merion Code.
A.
Ordinances are local legislation of a permanent nature.
[1]
Editor's Note: See 53 P.S. § 55101
et seq.
[Amended 12-18-1996 by Ord. No. 3435]
A.
Every proposed ordinance shall be introduced in writing
and in the form required for final adoption, shall be designated as
an ordinance, and its preamble shall express its subject matter.
[Amended 3-16-2022 by Ord. No. 4238]
B.
Ordinances, resolutions and other matters or subjects
requiring action by the Board may be proposed by a member of the Board.
The Township Manager or Township Solicitor may present ordinances,
resolutions or other matters or subjects to the Board for consideration.
Upon introduction of any ordinance, a copy shall be distributed to
each Board member, to the Township Secretary and to the Township Manager
and in such other public places as the Board may designate. All such
matters shall the proceed in accordance with the procedural rules
established by the Board.
[Amended 3-16-2022 by Ord. No. 4238]
C.
Ordinances and resolutions shall generally be introduced
through the placement on the meeting agenda of the appropriate committee
of the Board of Commissioners. The previous sentence notwithstanding,
ordinances may be introduced at either a Board of Commissioners stated
meeting or a special meeting called for such purpose, provided that
the President of the Board of Commissioners authorized such introduction.
D.
Upon introduction at a committee meeting, any member
of the Board may move that an ordinance be referred to the full Board
of Commissioners with a recommendation to advertise the ordinance
and, if required or if deemed appropriate because of the degree of
public interest in the subject, a public hearing on such ordinance.
Ordinances, resolutions and other matters or subjects requiring Board
action shall be referred to the Board of Commissioners upon a majority
vote of the Board members present and voting.
E.
At the next subsequent Board of Commissioners stated
meeting or special purpose meeting called for such purpose, any member
of the Board may move that the Township Secretary be authorized to
advertise an ordinance and, if required, a public hearing on such
ordinance. Advertisement authorization shall be granted upon a majority
vote of the Board members present and voting.
F.
Once all such advertising and public hearing requirements
as imposed by law are met, any member of the Board may move the adoption
of an ordinance at the next Board of Commissioners stated meeting
or special meeting called for such purpose. If the public hearing
is scheduled as part of a Board of Commissioners stated or special
meeting, such motion may be made at that meeting. Ordinances, resolutions
and other matters or subjects requiring Board action shall be adopted
upon a majority vote of the Board members present and voting.
G.
At any point in this legislative process, any Board
member may move an ordinance, resolution and other matters or subjects
requiring Board action be tabled or referred back to the appropriate
committee of the Board of Commissioners for further review.
H.
Approval by the Township Solicitor. All ordinances,
resolutions and contract documents, before presentation to the Board,
shall have been approved as to form by the Township Solicitor or his
authorized representative and, where substantive matters of administration
are involved, shall have been reviewed by the Township Manager or
his authorized representative.[1]
[1]
Editor's Note: Former Subsection I, which immediately followed
this subsection and set forth a flow chart illustrating the legislative
process of ordinance approval, was repealed 3-16-2022 by Ord. No. 4238.
A.
General ordinances. All proposed ordinances, unless
otherwise provided by law, shall be published at least once in one
newspaper of general circulation in the Township not more than 60
days nor fewer than seven days prior to passage. Publication of any
proposed ordinance shall include either the full text thereof or preamble
prepared by the Township Solicitor setting forth all the provisions
in reasonable detail and a reference to a place within the Township
where copies of the proposed ordinance may be examined. If the full
text is not included, a copy thereof shall be supplied to a newspaper
of general circulation in the Township at the time the public notice
is published. If the full text is not included, an attested copy thereof
shall be filed in the Montgomery County Law Library or other county
office designated by the County Commissioners, who may impose a fee
no greater than that necessary to cover the actual costs of storing
said ordinances. In the event that substantial amendments are made
in the proposed ordinance or resolution upon enactment, the Board
shall, within 10 days, readvertise in one newspaper of general circulation
in the Township a brief summary setting forth all the provisions in
reasonable detail, together with a summary of the amendments. In any
case in which maps, plans or drawings of any kind are adopted as part
of an ordinance, the Board may, instead of publishing the same as
part of the ordinance, refer, in publishing the ordinance, to the
place where such maps, plans or drawings are on file and may be examined.
[Amended 3-16-2022 by Ord. No. 4238]
B.
Ordinances other than general ordinances. Other types
of ordinances and amendments thereto, including but not limited to
zoning, subdivision and land development ordinances, tax and license
fee ordinances (not to be deemed to include service charge and permit
fee ordinances) and budget ordinances, shall be adopted pursuant to
such public notice as is required by law to be given.
C.
No final action shall be taken on the following types
of ordinances and amendments thereto without a public hearing thereon:
Copies of ordinances and of resolutions shall
be available to all persons requesting them upon payment of a reasonable
reproduction charge.
A.
Any ordinance may be adopted by reference to a standard
or nationally recognized code, or to parts thereof, determined by
the Board, or the provisions of the ordinance may be supplied by reference
to a typed or printed code, prepared under the direction of or accepted
by the Board, or the provisions may consist of a standard or nationally
recognized code, or parts thereof, and also further provisions typed
or printed as aforesaid; provided, however, that no portion of any
code which limits the work to be performed to any type of construction
contractor or labor or mechanic classification shall be adopted.
B.
Publication of such code, or amendments thereto, in
full shall not be required, but it shall be sufficient compliance
with this section, in such publication as is required, to set forth
briefly the substance of such proposed code and to give notice of
the place where such code is on file and may be examined. At least
one copy of such code, portion or amendment which is incorporated
or adopted by reference shall be filed with the Secretary of the Township
at least 10 days before the Board considers the proposed ordinance
and, upon enactment, kept with the Ordinance Book and available for
public use, inspection and examination
[Amended 3-16-2022 by Ord. No. 4238]
C.
Any ordinance adopted by reference to any code shall
be enacted within 60 days after it is filed with the Secretary of
the Township and, in the case of a standard or nationally recognized
code, shall encompass the provisions of the code effective as of the
code stated in the ordinance.
D.
If the Board has adopted any standard or nationally
recognized code by reference, it may adopt subsequent ordinances which
incorporate by reference any subsequent changes thereof, properly
identified as to date and source, as may be adopted by the agency
or association which promulgated the code.
E.
Any ordinances which incorporate code amendments by
reference shall become effective after the same procedure and in the
same manner as is herein specified for original adoption of any such
code.
A.
Authentication. All ordinances and resolutions adopted
by the Board of Commissioners shall be signed by the President of
the Board, attested by the Township Secretary and filed in the office
of the Township Secretary.
B.
Recording. No ordinance or resolution of a legislative
character in the nature of an ordinance shall be considered in force
until the same is recorded in the Ordinance Book of the Township.
All Township ordinances shall, within one month after their passage,
be recorded by the Township Secretary in a book provided for that
purpose, which shall be at all times open to the inspection of citizens.
The entry of the Township ordinance in the Ordinance Book by the Secretary
shall be sufficient without the signature of the President of the
Board of Commissioners or other person.
[Amended 3-16-2022 by Ord. No. 4238]
C.
Codification. Upon the advice of the Township Solicitor
regarding the ordinances and resolutions subject to codification,
the Township Secretary shall provide, at Township expense, for the
codification of such ordinances and resolutions within one year of
their adoption.
D.
Preparation of minutes. The minutes of the Board shall
be kept by the Township Secretary and shall be neatly typewritten
in a book kept for that purpose, with a record of each particular
type of business transacted set off in paragraphs, with proper subheads.
The Township Secretary shall make a record of such business as was
actually passed upon by a vote of the Board, but not a verbatim transcript
of the proceedings unless so directed by a majority of the Board or
by the Township Solicitor.
[Amended 3-16-2022 by Ord. No. 4238]
