[HISTORY: Adopted by the Borough Council of the Borough of Sellersville 6-2-1952 by Ord. No. 194. Amendments noted where applicable.]
There is hereby created a department of the Borough of Sellersville to be known as the "Department of Borough Planning."
[Amended 2-9-1970 by Ord. No. 391; 4-9-2001 by Ord. No. 621]
Said Department shall be in charge of a Borough Planning Commission consisting of seven residents of said Borough of Sellersville to be appointed by the Borough Council of the Borough of Sellersville. The terms of office of the present members of the Borough Planning Commission shall continue in full force and effect until such term expires, and thereafter, reappointments or new appointments shall be made for a four-year term, excepting that the terms of two of the present members shall be increased by one year in order that no more than three members of the Borough Planning Commission shall be reappointed or replaced during any future calendar year. The initial appointments of the four new members of the Borough Planning Commission created and established by this chapter shall be for one member of said commission to serve for one year, one member to serve for two years, one member to serve for three years and one member to serve for four years, and thereafter, as each term expires, reappointments or new appointments to such term shall be made for a four-year term. In the event of a vacancy of said membership of said Commission by reason of the death, resignation, incapacity or refusal of any member of said Commission, said Borough Council shall fill said vacancy by appointment for the unexpired portion of the term so becoming vacant.
The members of said Commission shall make and alter rules and regulations for their own organization and procedure consistent with ordinances of this Borough and the laws of the Commonwealth of Pennsylvania. They shall serve without compensation and shall make annually, to the Borough Council, a report of their transactions. They may employ engineers and other persons, whose salaries and wages and other necessary expenses of the Commission, where approved by the Borough Council, shall be provided for through proper appropriation of the Borough Council. They may contract for professional planning services, the costs and the expenses of which, when approved by the Borough Council, shall be provided through proper appropriation by the Borough Council.
[Amended 7-7-1997 by Ord. No. 604]
The Borough Manager/Secretary shall, upon introduction, furnish to said Commission for its consideration a copy of all proposed ordinances of the Borough Council and all amendments thereto relating to the location of any public building of the Borough and to the location, extension, widening, narrowing, enlarging, ornamentation and parking of any street, boulevard, park, parkway, playground or other public ground and to the relocation, vacation, curtailment, changes 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 and subway or any surface, underground or elevated railway. The Commission shall give an advisory opinion of said ordinances or amendments, which opinion shall be communicated to the Borough Council, in writing, within 10 days from the introduction of said ordinances or amendments.
[Amended 7-7-1997 by Ord. No. 604]
Upon request of the governing body, said Commission may make or cause to be made and lay before the Borough Council and, at its discretion, cause to be published maps of the Borough or any portions thereof, including territory extending beyond the Borough limits for such distance as may be permitted by law, showing the streets and 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 said Commission may make recommendations to the Borough Council, from time to time, concerning any such matters and things aforesaid, for action by the Borough 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 and railways, waterways and all other means of public travel and public communications, as well as the distribution and relative location of all public buildings, public ground and open spaces devoted to public use.
[Amended 7-7-1997 by Ord. No. 604]
Upon request of the governing body, said Commission may also make recommendations to any public authorities or any corporations or individuals in said Borough or such distance beyond the limits of said Borough as may be authorized by law, 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 or other portion of the same intended to be dedicated to public use of or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto, located within the Borough limits, shall be submitted to said Commission and approved by it before they shall be recorded. It shall be unlawful to receive or record such a plan in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of said Commission. The disapproval of any such plan by said 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 or liability upon the Borough of Sellersville concerning or arising from or by reason of the maintenance of improvement of any such dedicated parts until the proper authorities of said Borough shall have made actual appropriation of the same by entry, use or improvement. No sewer, water or gas main or pipes or other improvements shall be voted or made within the area under the jurisdiction of said Commission as may be provided by law, from time to time, for use of any such purchasers or owners, nor shall any permit of connection with or any 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.
[Added 10-12-2015 by Ord. No. 703]
Conduct declared to be unlawful under § 29-7 shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A person convicted of violating § 29-7 shall be sentenced to pay a fine not to exceed $1,000 per violation, plus court costs and reasonable attorneys' fees incurred by the Borough of Sellersville, or to imprisonment for not more than 90 days, or both. Violations of more than one provision of § 29-7 shall constitute separate violations. Each day that a violation of any provision of § 29-7 continues or occurs shall constitute a separate violation.
To the extent that it is authorized so to do by law, as now existing or as may hereafter be enacted, said Commission shall also have authority, subject to the final approval and ratification of the Borough Council of the Borough of Sellersville, to cooperate with one or more adjoining municipalities in the exercise and performance of the powers, functions and duties of said Commission and of carrying into effect provisions of the law now or hereafter enacted relating to said subjects which are common to all such municipalities and which each may, under laws now or hereafter enacted, separately exercise and perform. For the purpose of carrying the provisions of this section into effect, said Commission shall negotiate for such joint agreement or agreements with such one or more adjoining municipalities as it may deem appropriate for such purposes, and such agreement or agreements shall be submitted to the Borough Council of the Borough of Sellersville for final ratification and approval by ordinance, subject to law.