[HISTORY: Adopted by the Borough Council
of the Borough of Chester Heights 11-4-1974 by Ord. No. 71-C. Amendments
noted where applicable.]
The creation of a Borough Planning Commission,
which body shall be assigned the powers and duties conferred on planning
agencies by the Pennsylvania Municipalities Planning Code, Act 247
of 1968, as amended by Act 93 of 1972,[1] and at the option of Borough Council, may exercise additional
powers, duties and advisory functions not inconsistent with Act 247.
The Council of the Borough of Chester Heights ordains the following.
[1]
Editor's Note: See 53 P.S. § 10101.
[Amended 10-24-2022 by Ord. No. 215]
A Planning Commission consisting of seven members
shall be appointed by Council. Members shall serve without compensation
but may be reimbursed for necessary and reasonable expenses. However,
elected or appointed officers or employees of the Borough shall not,
by reason of membership, forfeit the right to exercise the powers,
perform the duties or receive the compensation of the Borough offices
held by them during such membership.
The term of each of the members of the Commission
shall be for four years, or until his or her successor is appointed
and qualified, except that the terms of members first appointed shall
be so fixed that not more than three shall be reappointed or replaced
during any future calendar year. The Chairman of the Planning Commission
shall promptly notify Council concerning vacancies in the commission,
and such vacancies shall be filled for the unexpired term. Members
of any existing Planning Commission established under former laws
shall continue in office until the end of the term for which they
were appointed; their successors shall be appointed as herein provided.
If a vacancy shall occur otherwise than by expiration of term, it
shall be filled by appointment for the unexpired term. Should Council
determine to increase the number of members of an already existing
Planning Commission, the additional members shall be appointed as
herein provided. Should Council determine to reduce the number of
members on any existing Planning Commission, such reduction shall
be effectuated by allowing the terms to expire and by making no new
appointments to fill the vacancy. Any reduction or increase shall
be by ordinance.
All members of the Planning Commission shall
be residents of the Borough and at least six shall be "citizen members,"
that is, not officers or employees of the Borough. Any member may
be removed from office for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of Council, taken
after the member has received 15 days' advance notice of the intent
to take such a vote. A hearing shall be held in connection with the
vote if the member shall request it in writing. Any appointment to
fill a vacancy created by removal shall be only for the unexpired
term.
A.
The Planning Commission shall, at the request of Council,
have the power and shall be required to:
B.
The Planning Commission at the request of Council
may:
(1)
Make recommendations concerning the adoption or amendment
of an Official Map.
(2)
Prepare and present to Council a zoning ordinance
and make recommendations to Council on proposed amendments to it.
(3)
Prepare, recommend and administer subdivision and
land development, and/or planned residential development regulations.
(4)
Prepare and present a building code and a housing
code and make recommendations concerning proposed amendments thereto.
(5)
Do such other act or make such studies as may be necessary
to fulfill the duties and obligations imposed by Act 247.
(6)
Prepare and present to Council an environmental study.
(7)
Submit to Council a recommended capital improvements
program.
(8)
Make recommendations to governmental, civic and private
agencies and individuals as to the effectiveness of the proposals
of such agencies and individuals.
(9)
Promote public interest in and understanding of the
Comprehensive Plan and planning.
(10)
Hold public hearings and meetings.
(11)
Require from other departments and agencies of the
Borough such available information as relates to the work of the Planning
Commission.
(12)
In the performance of its functions, enter upon any
land to make examination land surveys with the consent of the owner.
C.
In the performance of its powers and duties, any act
or recommendation of the Planning Commission which involves engineering
consideration shall be subject to review and comments of the engineer,
which shall be incorporated and separately set forth in any report,
written act or recommendation of the Planning Commission.
The Planning Commission may, with the consent
of Council, accept and utilize any funds, personnel or other assistance
made available by the county, the commonwealth or the federal government
or any of their agencies, or from private sources. Council may enter
into agreements or contracts regarding the acceptance or utilization
of the funds or assistance in accordance with the governmental procedures
of the Borough.