| Township Ownership and Control Disclosure Ordinance |
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Section One. Name. The name of this Ordinance shall be the "Wayne Township Ownership and Control Disclosure Ordinance".
Section Two. Authority. This Ordinance is adopted and enacted pursuant to the authority granted to the Township by all relevant state and federal laws including but not limited to the following:
The provisions of the Second Class Township Code Article VII, as codified in 53 P.S. section 6510 et seq., to provide for the protection and preservation of the natural resources, human resources, and to promote, protect and facilitate public health, safety and welfare.
The provisions of the Second Class Township Code, Article VII, as codified in 53 P.S. section 65701, et seq., authorizes the Township to enact ordinances dealing with the protection of the township residents’ health, nuisances, and promotion of public safety.
Section Three. Purpose. The general purpose of this Ordinance is to protect the citizens of Wayne Township by ensuring that the Wayne Township Supervisors possess complete information on ownership, control, and management of corporations that do business within the Township. Possession of this information is essential to ensuring adequate and effective regulation of corporate activities, as well as to ensure disclosure concerning the relationship between other local governments and the corporations that currently do business, or that plan to do business within Wayne Township. Another general purpose of this Ordinance is to provide for public access to documents providing for the creation and management of public and private corporations.
Section Four. Definitions. Unless otherwise expressly stated, the following words and phrases in this chapter shall have the following meaning:
APPLICANT CORPORATION - The corporation that is already doing business within the borders of Wayne Township or the corporation that plans to do business within the borders of Wayne Township.
CORPORATION - An organization incorporated under the laws of the Commonwealth of Pennsylvania or holding a Certificate of Authority to Do Business within the Commonwealth of Pennsylvania; or an organization incorporated under the laws of any state in the United States; also includes limited liability partnerships.
DOING BUSINESS - Any corporation does business within the Township if it owns or operates a facility within the Township, or has physical residence within the boundaries of the Township, or engages in profit making activity within the boundaries of the Township. An application for a permit or license from the Township shall constitute doing business within the definition of this term.
ORDINANCE - "The Wayne Township Ownership and Control Disclosure Ordinance".
PARENT CORPORATION - A corporation that owns over 50% of the Applicant Corporation.
PRINCIPAL OWNER - An individual that owns over 50% of the Applicant Corporation.
SUBSIDIARY CORPORATION - A corporation with over 50% ownership held by the Applicant corporation.
SUPERVISORS - The Wayne Township Supervisors.
TOWNSHIP - Wayne Township.
Section Five. Statement of Law. No corporation shall be permitted to do business, or permitted to continue doing business within the Township if the corporation fails to submit the documentation required by compliance with this Ordinance.
Section Six. Statement of Law. Any corporation that submits false or misleading information within the documents required by this Ordinance shall be prohibited from doing business, or continuing to do business, within the Township.
Section Seven. Submission of Records. Corporations currently doing business within the Township shall have sixty (60) days from being notified of this Ordinance’s date of passage to comply with the document submission requirements of this Ordinance. Corporations currently doing business within the Township shall be notified of the contents of this Ordinance by certified letter from the Township Supervisors. Corporations seeking to do business within the Township shall submit required documentation with any request for a permit or other permission from the Township. If the activities of the corporation do not require any permits or permission from the Township, the corporation shall submit the required documentation no later than sixty (60) days prior to the commencement of doing business within the Township.
Section Eight. Content of Required Documentation. During the time period referred to in Section Seven of this Ordinance, the corporation shall supply the Township with the following documents:
(1) Current Articles of Incorporation for the Corporation;
(2) Current Bylaws for the Corporation;
(3) A listing of the Board of Directors of the Corporation with addresses and phone numbers;
(4) A listing of the Officers of the Corporation with addresses and phone numbers;
(5) Principal place of business of the Corporation;
(6) A listing of Parent Corporations (if any), and Subsidiary Corporations (if any);
(7) A complete listing of stockholders (if any);
(8) A listing of Principal Owners of the Corporation;
(9) A listing of other facilities and/or sites operated by the Corporation (if any), with an accompanying list of the local government having authority over the facility or site, and a brief description of any legal actions commenced by local government authorities against the corporation (if any).
This packet of documents shall be provided to the Township, accompanied by an affidavit from a Director or Officer of the Corporation, which affirms that the Director or Officer is duly authorized to vouch for the veracity of the materials provided.
Section Nine. Duty to Submit Current Information. If any of the information in Section Eight changes, the Corporation shall have a duty to file updated information with the Township Supervisors. A failure to provide current information may be treated by the Township Supervisors as a breach of the requirements of this Ordinance.
Section Ten. Public Availability of Document Submission. All documents collected under the authority of this Ordinance shall be considered public records under Pennsylvania’s Right to Know Law (66 P.S. section 66.1 et seq.), and shall be available for copying and/or public inspection during regular business hours of the Township office.
Section Eleven. Powers of the Township Supervisors. The Township Supervisors shall have the authority, under this Ordinance, to prohibit a corporation from doing business in the Township if that corporation submits false or misleading information within the document submission required by this Ordinance; or the Corporation refuses to submit the required materials to the Township Supervisors.
Section Twelve. Powers of the Township Supervisors. The Township Supervisors shall have all the powers necessary to make this Ordinance effective.
Section Thirteen. Severability. The provisions of this Ordinance are severable, and if any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect, impair or invalidate any of the remaining sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the intent of the Supervisors that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part or provision had not been included herein.
Section Fourteen. Effect. This Ordinance shall be effective immediately upon passage.