In addition to the jurisdiction conferred on
it by other provisions of the Charter, codes and ordinances of the
Township of Pine, the Board of Supervisors shall have the following
jurisdiction and authority.
A.
Text amendments. The Board of Supervisors shall be
responsible for reviewing zoning text amendment applications and for
taking final action to approve, approve with conditions, modify or
deny such applications.
B.
Map amendments. The Board of Supervisors shall be
responsible for reviewing map amendment (rezoning) applications and
for taking final action to approve, approve with conditions, modify
or deny such applications.
C.
Conditional use permits. The Board of Supervisors
shall be responsible for reviewing conditional use permit applications
and for taking final action to approve, approve with conditions, modify
or deny such applications.
D.
Approval of land developments. The Board of Supervisors
shall be responsible for reviewing land development applications and
for taking final action to approve, approve with conditions, modify
or deny such applications.
The Planning Commission of the Township, consisting of seven members, shall be appointed by the Board of Supervisors in the manner prescribed by the Pennsylvania Municipalities Planning Code and Chapter 38 of the Township Code, as now enacted or as may hereafter be amended. The responsibilities of the Planning Commission shall include the following.
A.
Advisory role to the Board of Supervisors.
(1)
The Planning Commission shall function as an advisory body to the Board of Supervisors in accordance with the purpose and intent of the Pennsylvania Municipalities Planning Code and Chapter 38 of the Township Code as now enacted or as hereafter amended.
(2)
The Planning Commission shall perform such advisory functions as shall be requested from time to time by the Board of Supervisors and in the performance of such advisory functions as so requested shall have such powers and duties as are granted and established by the Pennsylvania Municipalities Planning Code and Chapter 38 of the Township Code as now enacted or as hereafter amended.
A.
Establishment. In accordance with the authority granted
by Act No. 148 of 1973 of the Commonwealth of Pennsylvania (53 P.S.
§ 11501 et seq.), [1] there is hereby established an Environmental Advisory
Council for the Township of Pine to advise the Township of Pine, its
Board of Supervisors, its Planning Commission and all other Pine Township
elected or appointed boards and officials on matters concerning the
protection, conservation, management, promotion and use of natural
resources, including air, land and water resources, located within
Pine Township.
[1]
Editor's Note: 53 P.S. §§ 11501
through 11508 were repealed Dec. 19, 1996, by P.L. 1158, No. 177,
§ 2(a). See now 53 Pa.C.S.A. §§ 2322 to 2329.
B.
Composition; appointment of vacancies. The Environmental
Advisory Council (the "Council") shall be composed of seven residents
of the Township who shall be appointed by the Board of Supervisors
of Pine Township. Vacancies shall be filled by the Board of Supervisors
of the Township.
C.
Terms of members; designation of Chairman.
(1)
Such appointed Council members shall serve for terms
of three years, except that initial appointments shall be so staggered
so that the terms of two persons shall expire in three years, the
terms of two persons shall expire in two years, and the term of one
person shall expire in one year.
(2)
The Environmental Advisory Council shall designate
its Chairman of the Council annually at the first meeting of each
year, who shall serve until a new Chairman is selected the following
year.
D.
Compensation; reimbursement for expenses. Members
of said Environmental Advisory Council shall receive no compensation
for their services but shall be reimbursed for such expenses actually
and necessarily incurred by them in the performance of their duties.
The Board of Supervisors of Pine Township shall have sole discretion
and authority to determine the appropriateness of expenses for which
reimbursement is requested.
E.
Powers.
(1)
The Environmental Advisory Council shall have the
power to:
(a)
Identify environmental problems and recommend
plans and programs for the promotion and conservation of the natural
resources and for the protection and improvement of the quality of
the environment within the Township of Pine.
(b)
Make recommendations as to the possible use
of open land areas of the Township of Pine.
(c)
Promote a community environmental program.
(d)
Keep an index of all open areas, publicly or
privately owned, including but not limited to flood-prone areas, swamps
and other unique natural areas for the purpose of obtaining information
on the proper use of such areas.
(e)
Advise the appropriate local governmental agencies
and the Board of Supervisors in the acquisition of property, both
real and personal, by gift, purchase, grant, bequest, easement, devise
or lease, in matters dealing with the purposes of this chapter and
Act 148 of 1973 (53 P.S. § 11501 et seq.).[2]
[2]
Editor's Note: 53 P.S. §§ 11501
through 11508 were repealed Dec. 19, 1996, by P.L. 1158, No. 177,
§ 2(a). See now 53 Pa.C.S.A. §§ 2322 to 2329.
(2)
The Environmental Advisory Council shall also have
the power, upon formal request from the Pine Township Board of Supervisors
or Planning Commission, to review any proposed municipal or park development
or any private development in excess of five acres, for purposes of
rendering an advisory opinion as to the effect such development will
have upon the environment.
F.
Scope of authority. The Environmental Advisory Council
shall not exercise any powers or perform any duties which are conferred
or imposed by law upon a state agency; nor shall the Environmental
Advisory Council exercise any powers or perform any duties which are
conferred upon the Board of Supervisors of the Township of Pine or
which have been delegated or conferred by said Board of Supervisors
upon other local governmental agencies, officials or boards. All action
and work of the Environmental Advisory Council is strictly advisory
only and shall not in any way be binding on the Board of Supervisors
of Pine Township or any of the Township's other local governmental
agencies, officials, boards, or persons.
G.
Records, annual report. The Environmental Advisory
Council shall keep records of its meetings and activities and shall
make an annual report, which shall be printed in the Annual Township
Report and which shall otherwise be available for public inspection.
H.
Appropriation of funds. The Board of Supervisors of
the Township of Pine may appropriate funds for the expenses incurred
by the Environmental Advisory Council. Appropriations may be expended
for such administrative, clerical, printing and legal services as
may from time to time be required. The Board of Supervisors of Pine
Township shall have the sole authority and discretion to determine
the appropriateness of such expenses and may require that proposed
expenditures by the Council be submitted for advance approval by the
Board of Supervisors. The whole or any part of any funds so appropriated
by the Township in any year may be placed in a conservation fund and
allowed to accumulate from year to year and/or be expended in any
year.
A.
Creation. A permanent Parks and Recreation Commission,
consisting of eight total members thereof, as set forth herein, is
hereby created for the Township of Pine. Five additional persons shall
serve on the permanent, standing subcommittees of the Parks and Recreation
Commission, as hereinafter specified.
B.
Appointment of members and qualifications of members.
(1)
The Board of Supervisors shall, by majority vote,
appoint two residents of the Township of Pine to the Parks and Recreation
Commission. In addition, the Board of Supervisors shall, by majority
vote, appoint nine other residents of the Township of Pine to serve
either on the Recreation Subcommittee or on the Parks Subcommittee,
and specified hereafter, and an appointee may not serve simultaneously
on both such subcommittees.
(2)
The first such appointments after adoption of this
chapter shall be as follows: three members for terms expiring December
31, 1997; three members for terms expiring December 31, 1998; and
four members for terms expiring December 31, 1999. Appointments following
the completion of the initial terms shall be for a period of three
years. Appointments to fill any vacancies in membership shall be made
by the Board of Supervisors for the remainder of the vacant position's
unexpired term. Members may be reappointed by the Board of Supervisors.
(3)
One member of the Board of School Directors of the
Pine-Richland School District (who shall be a resident of the Township
of Pine) shall be appointed by such Board of School Directors and
shall serve as a member of the Parks and Recreation Commission. In
the event that such Board of School Directors shall fail to make such
appointment to the Parks and Recreation Commission, then the Township's
Board of Supervisors shall have the authority to make the appointment
of such member.
(4)
The Township's Recreation Director shall be a member
of the Parks and Recreation Commission in an ex officio and nonvoting
capacity.
(5)
Members of the Parks and Recreation Commission and
its subcommittees should exhibit and possess the following qualifications:
(a)
Interest in and commitment to recreation and
parks.
(b)
Sensitivity to all residents of the community
and their needs.
(c)
Interest in and commitment to providing recreational
and sports opportunities to the youth of the community.
(d)
Good judgment and an ability to work cooperatively
with others.
(e)
Ability to inspire the confidence, respect,
and support of the community.
(f)
Time to attend the meetings of the Parks and
Recreation Commission and its subcommittees and to undertake and complete
its assignments.
(g)
Ability to understand, appreciate and administer
the financial aspects and components of a comprehensive parks and
recreation program for the community.
C.
General functions and duties.
(1)
Function. The Parks and Recreation Commission shall
be generally responsible for the periodic review of parks and recreation
programs for the purposes of recommending changes and for advising
the Township Manager, the Board of Supervisors, the Department of
Parks and Recreation and the Recreation Director on recreation needs,
use of facilities, and programs and fee structures relating thereto.
(2)
Responsibilities. The general responsibilities of
the Parks and Recreation Commission shall include the following:
(a)
To define the objectives of public recreation
services and make plans and general policies harmonizing with them.
(b)
To maintain the highest quality of recreation
service.
(c)
To help secure a comprehensive recreation and
park plan in order to provide an adequate system of recreation areas
and facilities.
(d)
To interpret the need for and importance of
recreation and park services to the general public and the Board of
Supervisors, and to elicit support.
(e)
To serve as a forum for the introduction of
new ideas, programs, policies and procedures.
(f)
To advise on the acceptance of any gift, grant,
bequest or donation for the recreation and park program.
(g)
To assist in establishing a sound fiscal plan
and budget to achieve recreation goals.
(h)
To assist in developing a comprehensive recreation
program and advise on operation and maintenance.
(i)
To assist in developing and maintaining an ongoing
public relations program.
(j)
To evaluate the services of recreation and park
system in relating to its objectives.
(k)
To take an active role in promoting and implementing
related legislation at the local, state, and federal level.
(3)
Duties. The general duties of the Parks and Recreation
Commission are as follows. The Parks and Recreation Commission shall:
(a)
Make recommendations to the Township Manager,
the Board of Supervisors, and the Recreation Director on rules, regulations,
and practices concerning the utilization of programs and facilities,
schedule of fees for programs and facilities and operation of concessions
at parks and recreation facilities.
(b)
Advise the Township Manager, the Board of Supervisors,
and the Recreation Director on needed facilities and programs.
(c)
Coordinate any parks and recreational facilities
and programs with other municipalities.
(d)
Prepare and recommend to the Board of Supervisors
a comprehensive park, recreation, and open space plan for the Township
of Pine. The plan should be reviewed and updated, if necessary, no
less often than every five years and more often if conditions or recreational
demands change. The Parks and Recreation Commission shall consider
public input in its creation, review, and update of the plan.
(e)
Recommend feasible methods to reach the long-
and short-range goals set forth in the comprehensive park, recreation,
and open space plan.
(f)
Respond, in writing, to the request of the Board
of Supervisors for parks and recreation information and provide written
reports regarding all activities and recommendations of the Parks
and Recreation Commission to the Board of Supervisors at the Board
of Supervisors' meetings at least once per month.
(g)
Seek funding sources for parks and recreation
activities through grants, donations, and local fundraising programs.
(h)
Affirmatively seek new information on parks
and recreation from local, national, and international sources, paying
particular attention to the latest developments, and inform the Board
of Supervisors of said developments.
(i)
Prepare an annual parks and recreation budget
for submission to and consideration by the Board of Supervisors as
part of the Township's annual budget adoption process.
(j)
Carry out such additional duties as may be assigned
from time to time by the Board of Supervisors.
(l)
Prepare and recommend to the Board of Supervisors
a Master Plan for the development of the Pine Community Park and other
present or future Township parks.
(m)
Prepare and recommend to the Board of Supervisors
a ten-year development plan for Pine Community Park and other Township
parks (with said plan to be reviewed no less than every five years).
(n)
Recommend to the Board of Supervisors the need
to hire seasonal personnel.
D.
Officers and subcommittees.
(1)
A Chairperson of the Parks and Recreation Commission
shall be appointed by majority vote of the Board of Supervisors at
its annual organizational meeting each year. The Board of Supervisors
may accept a recommendation from the members of the Parks and Recreation
Commission regarding the appointment of such Chairperson.
(2)
Two persons shall be elected as Vice Chairpersons
of the Parks and Recreation Commission. Such Vice Chairpersons shall
be elected (one each) from the membership of each of the Commission's
permanent, standing subcommittees at such subcommittees' first meeting
in any calendar year. The officers shall so serve until new officers
are appointed and elected at the first such meetings of the following
year. Officers may be reappointed or reelected, but shall not serve
more than two consecutive terms in any one office. Either Vice Chairperson
shall perform the duties of the Chairperson in the event of his/her
absence.
(3)
The Parks and Recreation Commission shall meet no
less often than once per month.
(4)
The Chairperson shall be directly responsible to the
Board of Supervisors for all activities of the Commission and shall
give a report to the Board of Supervisors at its regular monthly meeting.
(5)
The Parks and Recreation Commission shall have the following permanent, standing subcommittees consisting of five identified persons on the Recreation Subcommittee and four identified persons on the Parks Subcommittee (as such may be specified by the Board of Supervisors). Each subcommittee shall have responsibility for advancing and relating the general functions set forth in the § 84-145C and shall have the specific following responsibilities:
(a)
The Recreation Subcommittee shall have direct
responsibility for volunteer recruitment and parks and recreation
programming. Such programming shall include, but need not be limited
to, recreation programs (e.g., summer recreation program, line dancing,
Easter egg hunt, volleyball tournaments, Halloween hayride, etc.)
and community recreation (e.g., basketball, volleyball, soccer, baseball,
football, swimming and athletic tournaments).
(b)
The Parks Subcommittee shall have direct responsibility
for park and facility development, trails, greenways, operations,
and management.
(c)
The Recreation Subcommittee and the Parks Subcommittee
shall consist of five and four identified persons, respectively, (none
of whom may serve on more than one of the subcommittees) and shall
have a Chairperson elected by it (who shall also serve as a Vice Chairperson
of the Parks and Recreation Commission) and shall meet no less often
than once per month.
(d)
In addition to the Chairperson of each above-named
subcommittee serving as a Vice Chairperson and member of the Parks
and Recreation Commission, each such subcommittee shall also designate
one other of its members to serve as an at-large member of the Parks
and Recreation Commission.
(6)
The Township's Board of Supervisors may create such
other subcommittees, on an ad hoc basis, as it deems necessary to
assist the Parks and Recreation Commission in either its administration
of special events or for the effective carrying out of its duties
and responsibilities. The Board of Supervisors shall appoint the members
of such other subcommittees and prescribe their officers, duties,
and required meetings.
E.
Removal of members. If a member of the Parks and Recreation
Commission misses three consecutive regular meetings of the Commission
or his/her subcommittee or five total regular meetings of the Commission
or his/her subcommittee in any one calendar year and such absences,
in the opinion of the Township's Board of Supervisors, adversely affect
the operations of the Parks and Recreation Commission or its subcommittees,
then the Township's Board of Supervisors may remove that member prior
to the expiration of his/her term and appoint a new member to fill
the vacancy thus created.
A.
Jurisdiction of Zoning Hearing Board. The jurisdiction
of the Zoning Hearing Board shall be as set forth in the Municipalities
Planning Code, as amended, and other applicable law.
B.
Administration and procedures of the Board.
(1)
The Zoning Hearing Board presently in existence shall
continue and be constituted as the Zoning Hearing Board under this
chapter.
(2)
Matters pending before the Zoning Hearing Board at
the time this chapter becomes effective shall continue and be completed
under the law in effect at the time such Board took jurisdiction of
them.
(3)
Membership and organization.
(a)
The terms of office of the five-member Board
shall be five years and shall be so fixed that the term of office
of no more than one member of the five-member Board shall expire each
year.
(b)
Appointments to fill vacancies shall be only
for the unexpired portion of the term. Members of the Board shall
hold no other office in the Township.
(c)
The five-member Board shall not be changed to
a three-member Board except upon an affirmative vote on the question
by a majority of the electors of the Township voting thereon at a
referendum held at the municipal or general election prior to a year
in which the terms of two of the members on the Board expire.
(d)
The members of the Board shall be removable,
for cause, by the governing body, and the governing body shall appoint
a successor for the unexpired term of any member whose term becomes
vacant.
(e)
The Board shall promptly notify the governing
body of any vacancies that occur on the Board.
(4)
Rules and regulations. The Board may make, alter,
and rescind rules, regulations, and forms for its procedures such
as are consistent with the Township of Pine Code and the laws of the
commonwealth. Copies of rules, regulations, and forms adopted by the
Board shall be prepared and shall be made available for inspection
by any interested person in the offices of the Zoning Officer.
A.
Administrative responsibility. The appointed Zoning
Officer of the Township of Pine, and in such capacity, shall administer
this chapter and amendments hereto, in accordance with its literal
terms.
B.
Appeals from Zoning Officer's actions. Any appeals
from a decision or other action of the Zoning Officer may be made
to the Zoning Hearing Board in accordance with law.
C.
Enforcement of this chapter. In the event any building,
structure, landscaping or land is, or is proposed to be erected, constructed,
reconstructed, altered, converted, maintained, or used in violation
of this chapter, the Zoning Officer, with the approval of the Board
of Supervisors, in addition to any other remedies permitted under
this chapter, may institute in the name of the Township any appropriate
action or proceeding, to prevent, restrain, correct, or abate any
such building, structure, landscaping, or land, or to prevent, in
or about such premises, any act, conduct, business or use constituting
a violation.
D.
The Zoning Officer shall be synonymous with the Director
of Code Administration, Director of Land Development, and Code Enforcement
Officer.
