Township Lawmaking Powers: Understanding Legal Boundaries

Townships are impacted by many provisions of state and federal law, and they can pass by-laws to govern their communities. Townships can be granted certain powers, such as the ability to employ local police officers, create police districts, and provide fire protection. They can also receive revenue from various taxes, including local property, gasoline, and motor vehicle license taxes. Townships are also responsible for providing services such as road maintenance, cemetery management, and solid waste disposal. In some cases, townships can contract with private entities to provide programs and services.

Township clerks and election administration

Township clerks play a critical role in the operation and administration of township governments. They are elected members of the Township Board, with an equal vote to other members, and are responsible for the administration of federal, state, county, and township elections. In some cases, they also administer village elections and school district elections if the school district falls wholly within the township.

The role of the clerk is to ensure the smooth running of elections, from managing voter registration to overseeing the use of electronic poll books and conducting elections. They receive nominating petitions, manage voter registration, and oversee absentee voting. Clerks also have financial responsibilities, such as preparing warrants for township checks and financial statements. They are also responsible for delivering tax certificates to the supervisor and county clerk by September 30.

In addition, clerks are responsible for keeping public records, which must be listed on an approved Retention and Disposal Schedule, as per state law. This includes maintaining an ordinance book and, at times, compiling or codifying all current municipal ordinances. The Deputy Clerk, appointed by the Township Clerk, oversees the operations and management of township-owned cemeteries and acts as the Freedom of Information Act (FOIA) Coordinator for the township.

Township Election Commissions are chaired by the Township Clerk, who is responsible for various tasks, including designating precincts and polling places, selecting voting machines, testing equipment, and conducting public accuracy tests. They also play a crucial role in printing and proofreading ballots and appointing election inspectors. Overall, the Township Clerk's role is essential to ensure fair and efficient election processes in their townships.

Township police and fire protection

Townships are grassroots, statutory governments that perform many basic services, including road maintenance and repair, police and fire protection, emergency response, and solid waste disposal. They are authorized by state law to operate under a basic form of government and carry out a wide range of functions. For instance, in Ohio, townships commonly offer residents services like road maintenance, police and fire protection, emergency medical services, and zoning.

Townships possess only those powers expressly delegated to them by statute or those reasonably implied from those delegations. While they generally do not possess broad police powers, an exception is found in the case of certain Ohio townships, which are permitted to adopt a limited home-rule government if they have at least 2,500 residents in an unincorporated area.

A board of township trustees has the authority to employ local police officers, create police districts, or contract with neighboring jurisdictions for police protection. For instance, Tyrone Township does not have its own police or fire department, so it funds and contracts with the Livingston County Sheriff to have a designated deputy in the township for a certain number of hours per week. Township fire departments can be staffed with full-time and/or volunteer firefighters, or a combination of both.

In terms of labor regulations, the Fair Labor Standards Act (FLSA) applies to law enforcement and fire protection personnel of state and local governments. Section 7(k) of the FLSA provides for overtime pay for employees engaged in fire protection or law enforcement on a "work period" basis, with the length of the work period ranging from 7 to 28 consecutive days.

Township parks and cemeteries

Townships in the United States can pass laws, and this includes laws relating to parks and cemeteries. For example, the Township of Fallowfield, Pennsylvania, has a chapter in its general legislation dedicated to cemeteries. This chapter establishes procedures, rules, and regulations for the disposal of corpses and the maintenance, location, and operation of cemeteries.

One of the laws in this chapter states that a proper death certificate must be filed with the Pennsylvania Department of Health within 96 hours of the time of death. Additionally, a human body cannot be disposed of until a burial (disposition) permit is issued by the Pennsylvania Department of Health through a local registrar. The Board of Supervisors of the Township of Fallowfield also encourages families to consult with the Township or its designated sewage agent if a burial is to take place on private property. This is to ensure that the septic system is located at an appropriate distance from the well, with similar distance maintenance between the well and the grave site.

In terms of parks, the Township of Fallowfield has a Parks and Recreation Board that is likely responsible for the management and decision-making regarding parks and recreation areas within the Township. While specific laws and regulations regarding parks in Fallowfield were not readily available, it is reasonable to assume that the Parks and Recreation Board has established rules and guidelines for the proper use and maintenance of these spaces.

Cemetery laws in Pennsylvania also cover other important aspects. For instance, it is illegal to construct a street, lane, alley, or public road through a cemetery unless a future law specifically permits it. Additionally, cemetery companies, the maintenance of cemeteries, and the sale of burial plots fall under the authority of the Pennsylvania Department of State Real Estate Commission. Furthermore, a permanent lot care fund must be established for all new cemeteries or burial grounds to ensure their proper care, maintenance, and preservation.

It is worth noting that some rules and regulations regarding cemeteries may be specific to certain townships or regions. For example, in Deerfield, there are specific guidelines regarding the placement of flower pots, vases, and other decorations on grave sites. There are also procedures in place for obtaining permission for the beautification of cemetery lots.

Township funding and taxes

Townships in Ohio, such as Miami Township and Liberty Township, are responsible for funding a wide range of services, including road maintenance, police and fire protection, emergency medical services, solid waste disposal, and zoning. The primary source of funding for townships comes from property taxes, which make up a significant portion of their revenue. Townships in Ohio collect less than 6% of local property taxes, with the rest going to other entities such as school districts and counties. For example, in Miami Township, the township receives between 13.42% and 13.52% of an individual's property tax payment, while the school district and county receive over half.

In addition to property taxes, townships in Ohio receive a portion of the state's motor vehicle license fees and gasoline taxes. They are also authorized to collect taxes on transient occupants, commonly known as hotel/motel taxes, which are charged at a rate of 3% on overnight guests at local hotels and motels. These taxes are remitted directly to the township on a monthly or quarterly basis. Townships are also permitted to establish and operate parks, either independently or in collaboration with other political subdivisions, and may purchase land and materials using township funds.

It is important to note that townships in Ohio do not levy income or sales taxes and do not receive casino revenue. However, they can participate in Joint Economic Development Districts (JEDDs), which allow them to partner with adjacent cities or villages to collect income tax from workers within a defined area. This helps townships offset revenue-sharing losses from the state. Liberty Township, for example, has a JEDD in place and receives income tax revenue from those working and doing business in the area.

The funding and taxation of townships can vary depending on the state and local laws, and it is always advisable to refer to the specific regulations in your area.

Township zoning and land use

Zoning regulations guide the appropriate use and development of land by designating zoning districts, such as residential, business, and industrial areas, each with its own specific uses, structures, and design requirements. The Department of Community Development is responsible for reviewing and issuing zoning permit approvals for proposed structures and improvements, as well as land uses. For instance, in Cherry Hill Township, New Jersey, the Department of Community Development reviews and approves permits for building structures and improvements like homes, additions, decks, fences, pools, and driveways. Similarly, when a new business wants to locate within the Township, the Department reviews and approves their zoning permits.

In Lower Merion Township, Pennsylvania, the zoning code includes multiple residential districts, mixed-use districts, separate commercial districts, institutional districts, and a manufacturing district, each with prescribed density and intensity of use. The Township Engineer or Zoning Officer administers the floodplain ordinance and handles appeals related to it.

The Municipal Land Use Law (MLUL) in New Jersey grants municipalities the authority to make zoning decisions. Local governments can adopt zoning ordinances and establish a Zoning Board of Adjustment to handle variance requests and interpret the ordinance. The law aims to guide the appropriate use and development of land, promoting public health, safety, and morals. It also encourages the efficient use of land and coordination between public and private development to reduce costs. Additionally, it promotes the use of renewable energy, recycling, and the preservation of historic sites and natural resources.

The Zoning Hearing Board in Lower Merion Township, Pennsylvania, is a quasi-judicial body that handles specific zoning matters, such as applications for special exceptions and appeals from determinations made by the Zoning Officer. However, it is important to note that this board does not possess legislative power and cannot create or modify zoning policies.

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