[Adopted 8-23-2018 by Ord. No. 4-2018[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Planning
Commission, derived from Ch. I, Sections 41 through 47, of the 1964
Code of Ordinances of the City of Monessen.
It is the intent, purpose, and scope of this article to repeal
Ordinance Numbers 55 of 1924 and 562 of 1962 and any other ordinances
enacted by Council for the providing and regulating the Planning Commission
of the City of Monessen.
A City Planning Commission, hereinafter called "Commission,"
which shall consist of five residents of the City of Monessen to be
appointed by the Council for the City of Monessen, with all powers
and duties authorized by the Pennsylvania Municipalities Planning
Code Section 10201,[1] and Section 12406 of the Pennsylvania Third Class City
Code,[2] is hereby created for the City of Monessen.
A.Â
All appointments and number of seats established prior to the enactment
of this article will remain in full force and effect. The Commission
shall be composed of five residents from the City of Monessen.
B.Â
In the first instance, one member of the said Commission shall be
appointed for one year, one member for two years, one member for three
years, one member for four years, and one member for five years. Thereafter,
any members appointed will serve for a term of four years. Commission
member terms will begin and end on the first Monday of January. Any
appointment to fill a vacancy shall be only for the unexpired portion
of the term.
C.Â
The Chairman of the Planning Commission shall promptly notify the
appointing authority of the City Council concerning vacancies in the
Commission, and such vacancy shall be filled for the unexpired term.
If a vacancy shall occur otherwise than by expiration of term, it
shall be filled by appointment for the unexpired term according to
the terms of this article.
D.Â
Should City Council determine to increase the number of members of
an already existing Planning Commission, the additional members shall
be appointed as provided in this article. If Council determines 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.
E.Â
Council may appoint by resolution at least one but no more than three
residents of the City 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 Section 207,[1] 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 the powers and duties set forth in this article and as otherwise
provided by law. Alternates shall not serve as a member of the Zoning
Hearing Board or as a Zoning Officer. Any alternate may participate
in any proceeding or discussion of the Commission but shall not be
entitled to vote as a member of the Commission.
[1]
Editor's Note: See 53 P.S. § 10207.
F.Â
Members of the Commission shall not be officers or employees of the
City.
Any member of a Planning Commission once qualified and appointed
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.Â
The 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. The Commission may
make and alter bylaws and rules and regulations to govern its procedures
consistent with the ordinances of the City and the laws of the commonwealth.
The 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 Council. Interim reports may be made as often as may be necessary,
or as requested by Council.
B.Â
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 Council; 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 of the Commission 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.
The Commission shall, at the request of the City Council, have
the power and shall be required to execute any powers as enumerated
in Section 10209.1 of the Municipalities Planning Code, entitled "Powers
and Duties of Planning Agency," 53 P.S. § 10209.1.
A.Â
City Council may employ administrative and technical services to
aid in carrying out the provisions of this article, either as consultants
on particular matters or as regular employees of the City. A county
planning agency, with the consent of its council, may perform planning
services for the City where Council requests such assistance and may
enter into agreements or contracts for such work.
B.Â
The Commission may, with consent of Council, accept and utilized
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 City.
All ordinances or resolutions or parts of ordinances or resolutions
insofar as they are inconsistent herewith are hereby repealed and
rescinded.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
not affect or impair any of the remaining provisions, sections, sentences,
clauses, or parts of this article, it being the intent of the City
of Monessen that the remainder of the article shall be and shall remain
in full force and effect.
This article shall become effective 10 days after enactment.