[HISTORY: Adopted by the Borough Council
of the Borough of Downingtown 2-3-1936. Amendments noted where applicable.]
[Amended 3-9-1970 by Ord. No. 712; 10-5-2022 by Ord. No. 2022-03]
A.
The Borough
Planning Commission shall consist of seven members and two alternate
members. An alternate member may participate in any proceeding or
discussion of the Planning Commission, but shall not be entitled to
vote as a member of the Planning Commission unless designated by the
Planning Commission Chairperson to substitute for any absent member
or member who has recused himself or herself or has been disqualified
by Borough Council.
B.
The term
of office for a Planning Commission member shall be four years, with
two members being appointed by Borough Council every year, with the
exception of one Planning Commission member being appointed every
fourth year. An appointment to fill a vacancy shall be only for the
unexpired term of the vacant position. All members of the Planning
Commission shall be residents of Downingtown Borough.
C.
The Planning
Commission may make and alter rules and regulations for their own
organization and procedure, consistent with the ordinances of the
Borough and the laws of the Commonwealth of Pennsylvania.
D.
Members of
the Planning Commission shall serve without compensation and annually
make a report to Borough Council of transactions made in their capacity
as members of the Planning Commission.
E.
The Planning
Commission may employ engineers and other persons whose salaries and
wages and other necessary expenses will be appropriated by Borough
Council, at Borough Council's sole discretion.
The Secretary of the Council shall, upon introduction,
furnish to the Borough Planning Commission for its consideration a
copy of all ordinances and bills, and all amendments thereto, relating
to the location of any public building of the Borough, and to the
location, extension, widening, narrowing, enlargement, ornamentation
and parking of any street, boulevard, parkway, park, playground or
other public ground; and to the relocation, vacation, curtailment,
change of use or any other alteration of the Borough plan with relation
to any of the same; and to the location of any bridge, tunnel, subway
or any surface, underground or elevated railway. Said Commission shall
have the power to disapprove any of said ordinances, bills or amendments,
which disapproval, however, must be communicated to the Council, in
writing, within 10 days from the introduction of said ordinance, but
such disapproval shall not operate as a veto.
The Borough Planning Commission may make or
cause to be made and lay before the Council and, at its discretion,
cause to be published maps of the Borough or any portion thereof,
including territory extending three miles beyond the Borough limits,
showing the streets, highways and other natural and artificial features
and also locations proposed by it for any new public building, civic
center, street, parkway, park, playground or any other public ground
or public improvement or any widening, extension or relocation of
the same or any change in the Borough plan by it deemed advisable;
and it may make recommendations to the Council from time to time concerning
any such matters and things aforesaid, for action by the Council thereon,
and, in so doing, have regard for the present conditions and future
needs and growth of the Borough and the distribution and relative
location of all the principal and other streets, railways, waterways
and all other means of public travel and business communications,
as well as the distribution and relative locations of all public buildings,
public grounds and open spaces devoted to public use.
The Borough Planning Commission may make recommendations
to any public authorities or any corporation or individuals in said
Borough with reference to the location of any buildings, structures
or works to be erected or constructed by them.
All plans, plots or replots of land laid out
in building lots, and the streets, alleys or other portions of the
same, intended to be dedicated to public use or for the use of purchasers
or owners of lots fronting thereon or adjacent thereto and located
within the Borough limits shall be submitted to the Borough Planning
Commission and approved by it before they shall be recorded. It shall
be unlawful to receive or record such plan in any public office unless
the same shall bear thereon, by endorsement or otherwise, the approval
of the Borough Planning Commission. The disapproval of any such plan
by the Borough Planning Commission shall be deemed a refusal of the
proposed dedication shown thereon. The approval of the Commission
shall be deemed an acceptance of the proposed dedication but shall
not impose any duty upon the Borough concerning the maintenance or
improvement of any such dedicated parts until the proper authorities
of the Borough shall have made actual appropriations of the same by
entry, use or improvement. No sewer, water or gas main or pipes or
other improvement shall be voted or made within the area under the
jurisdiction of said Commission for the use of any such purchasers
or owners, nor shall any permit for connection with or other use of
any such improvement, existing or for any other reason made, be given
to any such purchasers or owners until such plan is so approved.
The Borough Planning Commission shall have access
to the maps, files and other papers of the Borough. Within the limitations
prescribed and appropriations provided for the purpose, the Council
may, on motion, authorize maps and plans to be made under the supervision
of the Planning Commission and likewise authorize changes and additions
to be made to the maps and plans. The Commission may recommend such
changes and additions as it may deem proper, but such recommendations
shall not restrict the right of the Council to initiate proceedings
for the laying out and changing of highways and public places in the
Borough.
