Township of Perkiomen, PA Chapter 50 Planning Commission

[HISTORY: Adopted by the Board of Supervisors of the Township of Perkiomen 3-1-2022 by Ord. No. 237.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 50, Planning Commission, adopted 12-5-2000 by Ord. No. 168, as amended 5-5-2015 by Ord. No. 224.

§ 50-1 Membership.

All members of the Perkiomen Township Planning Commission shall be residents of Perkiomen Township. At least five members shall be citizen members who are not officers or employees of Perkiomen Township. All members of the Planning Commission shall be appointed by the Township Board of Supervisors.

§ 50-2 Increase in members.

The membership of the Perkiomen Township Planning Commission is hereby increased from five to seven members. The increase in membership hereby established is to be effectuated by making two new appointments to the Planning Commission.

§ 50-3 Term of office.

A. The term of office for each of the members of the Planning Commission, including the two new appointees, shall be four years from the date of appointment, or until a successor is appointed and qualified to fill the term of a member whose term has expired.

B. The existing terms of office of the existing five members of the Planning Commission are hereby confirmed as follows:

(1) The term of one incumbent member shall expire on December 31, 2022, in accordance with the terms of the appointment;

(2) The term of one incumbent member and the term of one of the newly appointed members shall expire on December 31, 2023, in accordance with the term of the appointment;

(3) The term of one incumbent member and the term of the newly appointed member shall expire on December 31, 2024, in accordance with the term of the appointment; and

(4) The term of two incumbent members shall expire on December 31, 2025, in accordance with the term of the appointment.

§ 50-4 Vacancy.

If a vacancy in office shall occur by death, resignation, removal from the Township or removal from office, it shall be filled by appointment for the unexpired term.

§ 50-5 Removal.

Any member of the Planning Commission, once qualified and appointed, may be removed from office for malfeasance, misfeasance or nonfeasance in office, or for other just cause by majority vote of the Board of Supervisors taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held before the Board of Supervisors 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.

§ 50-6 Officers.

The Planning Commission shall elect its own Chairman and Vice Chairman and create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves.

§ 50-7 Meetings.

In January each year, the Planning Commission shall establish a schedule of meetings for the year. Additional meetings may be held as required by the Board of Supervisors. All meetings shall be open to the public.

§ 50-8 Attendance.

A member's absence without excuse from two successive scheduled meetings, or absence without excuse from four scheduled meetings in a calendar year, shall constitute just cause for removal from office as provided in § 50-5 of this chapter.

§ 50-9 Quorum.

The attendance of four members at a meeting shall be required for a quorum for the transaction of business.

§ 50-10 Voting; failure to act.

The affirmative vote of four members of the Planning Commission shall be required for approval or disapproval of any matter brought before the Planning Commission for review. Where, due to lack of a quorum or other cause, the Planning Commission fails to approve or disapprove a subdivision or land development plan, or otherwise fails to take action on a matter requiring review, the subdivision, land development plan or other matter shall be referred to the Board of Supervisors, and the Planning Commission's failure to take action shall have the effect of no recommendation.

§ 50-11 Alternate members.

A. The Board of Supervisors may appoint by resolution at least one, but not more than three, residents of the Township to serve as alternate members of the Planning Commission. The term of office of an alternate member shall be four years. When seated pursuant to the provisions of this chapter, an alternate shall be entitled to participate in all proceedings and discussions of the Commission to the same and full extent as provided by law for Commission members, including, specifically, the right to cast a vote as a voting member during the proceedings, and shall have all of the powers and duties set forth in this chapter and as otherwise provided by law. No alternate may serve as a member of the Zoning Hearing Board or as a Zoning Officer.

B. The Chairman of the Planning Commission may designate alternate members of the Commission to substitute for any absent member or member who has recused himself or has been disqualified by the Township, and, if, by reason of absence, recusal, or disqualification of a member, a quorum is not reached, the Chairman of the Commission shall designate as many alternate members to sit on the Commission as may be needed to reach a quorum. Any alternate member of the Commission shall continue to serve on the Commission in all proceedings involving the matter or case for which the alternate was initially appointed until the Commission has made a final decision on the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

§ 50-12 Conduct of business.

The Planning Commission may make and alter bylaws and rules and regulations to govern its procedures consistent with this chapter and the laws of the commonwealth. The Planning Commission shall keep a full record of its business and shall annually make a written report by March 1 of each year of its activities to the Board of Supervisors. Interim reports may be made as often as may be necessary, or as requested by the Board of Supervisors.

§ 50-13 Powers and duties.

A. The Planning Commission shall, at the request of the Board of Supervisors, have the power and shall be required to:

(1) Participate in the creation or modification of a Comprehensive Plan or Regional Comprehensive Plan for the development of the Township consistent with the requirements of the Pennsylvania Municipalities Planning Code and present the Comprehensive Plan or Regional Comprehensive Plan for consideration by the Board of Supervisors.

(2) Maintain and keep on file records of its action. All records and files of the Planning Commission shall be in the possession of the Board of Supervisors.

B. The Planning Commission, at the request of the Board of Supervisors, may:

(1) Make recommendations to the Board of Supervisors concerning the adoption or amendment of an Official Map.

(2) Prepare and present to the Board of Supervisors a Zoning Ordinance and make recommendations to the Board of Supervisors on proposed amendments to it consistent with the requirements of the Pennsylvania Municipalities Planning Code.

(3) Prepare, recommend and administer Subdivision and Land Development Regulations as set forth in the Pennsylvania Municipalities Planning Code.

(4) Prepare and present to the Board of Supervisors a Building Code and a Housing Code and make recommendations concerning proposed amendments thereto.

(5) Do such other acts or make such studies as may be necessary to fulfill the duties and obligations imposed upon the Planning Commission by the Pennsylvania Municipalities Planning Code.

(6) Prepare and present to the Board of Supervisors an environmental study.

(7) Submit to the Board of Supervisors a recommended capital improvements program.

(8) If applicable, necessary, or appropriate, prepare and present to the Board of Supervisors a water survey, which shall be consistent with the state water plan and any applicable water resources plan adopted by a river basin commission. The water survey shall be conducted in consultation with any public water supplier in the area to be surveyed.

(9) Promote public interest in, and understanding of, the Comprehensive Plan and planning.

(10) Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals.

(11) Hold public hearings and meetings.

(12) Present testimony before any board.

(13) Require from other departments and agencies of the Township such available information as relates to the work of the Planning Commission.

(14) In the performance of its functions, enter upon any land to make examinations and surveys with the consent of the owner.

(15) If applicable, necessary, or appropriate, prepare and present to the Board of Supervisors a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the Township.

(16) Review the Zoning Ordinance, Subdivision and Land Development Ordinance, Official Map, and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.