[HISTORY: Adopted by the Borough Council of the Borough of Bell Acres 7-11-1994 by Ord. No. 168; amended in its entirety 3-13-2023 by Ord. No. 319. Subsequent amendments noted where applicable.]
As provided by Section 202 of the Pennsylvania Municipalities Planning Code ("MPC"), 53 P.S. § 10202, as amended, the Borough Council of the Borough of Bell Acres (the "Borough Council") hereby establishes the Borough of Bell Acres Planning Commission (the "Planning Commission) for the Borough of Bell Acres (the "Borough").
A. 
The Planning Commission shall consist of five members, unless and until such time that the Borough Council adopts an ordinance to increase or reduce the number of Planning Commission members.
B. 
All members shall be residents of the Borough.
C. 
Pursuant to the MPC, a certain number of the Planning Commission members are designated as "citizen members" and shall not be officers or employees of the Borough. On a commission of three members, at least two shall be citizen members. On a commission of four or five members, at least three shall be citizen members. On a commission of either six or seven members, at least five shall be citizen members and on commissions of either eight or nine members, at least six shall be citizen members.
A. 
All Planning Commission members shall be appointed by Borough Council, provided that the Planning Commission previously created in and for the Borough shall constitute the tenure of any of the members thereof; but any and all vacancies in the Planning Commission, hereafter occurring, shall be filled in the manner and for the term provided by law.
B. 
The term of office shall be four years and should expire on December 31 or until a successor is appointed, except that the terms of the members first appointed shall be so fixed that on a commission of eight members or less, no more than two shall be reappointed during any future calendar year, and on commissions of nine members, no more than three shall be so reappointed or replaced.
C. 
The Planning Commission Chair shall promptly notify Borough Council of any Planning Commission vacancies, and Borough Council shall appoint a member to fill 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 chapter.
D. 
If Borough Council shall determine to increase the number of Planning Commission members, the additional members shall be appointed as provided in this chapter. If Borough Council shall determine to reduce the number of Planning Commission members, 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. 
Except for elected or appointed officers or employees of the Borough, Planning Commission members shall receive no compensation for their services, but, without exception, may be reimbursed for the reasonable expenses actually and necessarily incurred by them in the performance of their duties in accordance with 53 P.S. § 202. If Borough Council shall determine to increase the amount of compensation for Planning Commission members, said compensation shall not exceed the rate of compensation authorized to be paid to members of Borough Council.
F. 
Borough Council may appoint by resolution at least one but no more than three Borough residents 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 of the MPC, 53 P.S. § 10207, an alternate shall be entitled to participate in all proceedings and discussions of the Planning Commission to the same and full extent as provided by law for Planning 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 chapter and as otherwise provided by law. Alternates shall not serve as a member of the Borough Zoning Hearing Board or as a zoning officer. Any alternate may participate in any proceeding or discussion of the Planning Commission but shall not be entitled to vote as a member nor be reimbursed unless designated as a voting alternate member.
A. 
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 a majority vote of Borough 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.
B. 
Any appointment to fill a vacancy created by removal shall be only for the unexpired term.
A. 
The Planning Commission shall elect its own chair and vice-chair and create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves.
B. 
The Planning Commission may make and alter bylaws and rules and regulations to govern its procedures consistent with Borough ordinances and the laws of the commonwealth.
C. 
The Planning Commission shall keep a full record of its meetings and activities. Once approved, the minutes of each meeting shall be forwarded to Borough Council. Planning Commission shall also keep a full record of its business, including expenditures and shall annually make a written report by March 1 of each year of said activities to Borough Council. Interim reports may be made as often as may be necessary or as requested by the Borough Council.
D. 
The Planning Commission Chair may designate an alternate member(s), as appointed by Borough Council pursuant to this chapter, to substitute for any absent member or member who has recused himself or has been disqualified by Borough Council, and, if, by reason of absence, recusal or disqualification of a member, a quorum is not reached, the Planning Commission Chair shall designate as many alternate members to sit on the Planning Commission as may be needed to reach a quorum. Any alternate member of the Planning Commission shall continue to serve in all proceedings involving the matter or case for which the alternate was initially appointed until Planning 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.
E. 
The Planning Commission Chair shall designate a Planning Commission member to act as a liaison and coordinate with the Borough of Bell Acres Environmental Advisory Council (the "Environmental Advisory Council") in performance with the powers and duties of the Environmental Advisory Council pursuant to Borough Ordinance No. 311, codified as Chapter 27 of the Code of Bell Acres Borough.
Pursuant to Article III of the MPC, the Planning Commission prepared the Comprehensive Plan and may review it every 10 years if directed by Borough Council.
A. 
The Planning Commission, at the request of Borough Council, shall have the power and be required to:
(1) 
Review and update the Comprehensive Plan for the development of the Borough as set forth in the MPC, and present it for the consideration of the governing body.
(2) 
Maintain and keep on file records of its action. All records and files of the planning agency shall be in the possession of the governing body.
B. 
The Planning Commission, at the request of Borough Council, may:
(1) 
Make recommendations to Borough Council concerning the adoption or amendment of an official map.
(2) 
Prepare and present a zoning ordinance, or recommendations on proposed amendments thereto, to Borough Council.
(3) 
Prepare, recommend, and administer subdivision and land development and planned residential development regulations.
(4) 
Prepare and present a building code and a housing code, or make recommendations concerning proposed amendments thereto, to Borough Council.
(5) 
Do such other acts or make studies as may be necessary to fulfill the duties and obligations imposed by the MPC.
(6) 
Prepare and present an environmental study to Borough Council.
(7) 
Submit a recommended capital improvements program to Borough Council.
(8) 
Prepare and present to the Borough Council 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 Borough such available information as relates to the work of the planning agency.
(14) 
In the performance of its functions, enter upon any land to make examinations and land surveys with the consent of the owner.
(15) 
Prepare and present a study regarding the feasibility and practicability of using renewable energy sources in specific Borough areas to Borough Council.
(16) 
Review Chapter 165, "Zoning," and Chapter 149, "Subdivision and Land Development," in the Code of the Bell Acres Borough, as well as any official map, provisions for planned residential development, and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.
C. 
In the performance of its powers and duties, any Planning Commission act or recommendation which involves engineering consideration shall be subject to review and comments of the Borough Engineer, which shall be incorporated and separately set forth in any report, written act or recommendation of the Planning Commission.
The Borough Engineer shall serve the Planning Commission as engineering advisor. The Borough Solicitor shall serve the Planning Commission as legal advisor. Borough Council may employ administrative and technical services to aid Planning Commission in carrying out the provisions of this chapter either as consultants on specific matters or as regular Borough employees. A county planning agency, with the consent of Borough Council, may perform planning services for the Borough upon Borough Council's request for such assistance, and Borough Council may enter into agreement(s) or contract(s) for such work.
The Planning Commission may, with the consent of Borough 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. Borough Council may enter into agreement(s) or contract(s) regarding the acceptance or utilization of the funds or assistance in accordance with the governmental procedures of the Borough.