It is the purpose of this article to cite the responsibilities
of the Planning Commission in the administration of designated duties
and functions according to the Pennsylvania Municipalities Planning
Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Continuance of commission. There shall be in and for the Borough
of Oakmont a Planning Commission, as previously created by Borough
ordinance pursuant to Act 247.
B.
Appointment, term and vacancy. The Planning Commission of the Borough
of Oakmont shall consist of five members, all of whom shall be full-time
residents of the Borough, appointed by Council in the manner prescribed
by Act 247, as amended. The term of each member shall be for four
years; not more than two shall expire during any calendar year. The
Chairman of the Planning Commission shall promptly notify Council
concerning vacancies in the Planning Commission for any reason, and
Council shall fill the vacancy only for the unexpired term. Such appointments
shall be made within a period of 60 days after such vacancy occurs.
C.
Meetings. The Planning Commission shall meet as required and as deemed
necessary.
D.
Conduct of business. The Planning 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 Planning Commission may make and alter bylaws and
rules and regulations to govern its procedures consistent with the
ordinances of Borough of Oakmont and the laws of the commonwealth.
A.
Conduct. The Planning Commission shall at the request of the Council
have the power and shall be required to:
B.
Conduct. The Planning Commission at the request of Council may:
(1)
Make recommendations to Council concerning the adoption or amendment
of an official Zoning Map.
(2)
Prepare and present to Council a zoning ordinance, and make
recommendations to the Council on proposed amendments to it as set
forth in this act.
(3)
Prepare, recommend and present subdivision and land development
and planned residential development regulations for the consideration
of Council.
(4)
Prepare and present to Council a building code and a housing
code and make recommendations concerning proposed amendments thereto
following review and approval by the Pennsylvania Department of Labor
and Industry.
(5)
Review and present recommendation to Council on conditional
uses applications.
(6)
Complete other actions, including to but not limited to the
review and recommendation on conditional use applications to Council,
or make such studies as may be necessary to fulfill the duties and
obligations imposed by this chapter.
(7)
Prepare and present to Council an environmental study; submit
to Council a recommended capital improvements program.
(8)
Prepare and present to 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 individuals, governmental, civic and
private agencies as to the effectiveness of such agencies' proposals.
(11)
Hold public hearings and meetings.
(12)
Present testimony before any board.
(13)
Require from other departments or agencies of the Borough such
available information as relates to the work of the Planning Commission.
(14)
In the performance of its functions, enter upon any land to
make examinations and surveys with the consent of the owner.
(15)
Prepare and present to Council a study regarding the feasibility
and practicability of using renewable energy sources in specific areas
within the Borough.
(16)
Review the zoning, subdivision and land development ordinance,
official Zoning Map of the Borough of Oakmont, provisions for planned
residential development, and regulations governing the development
of land no less frequently than it reviews the Comprehensive Plan.
C.
Conduct. Provide recommendations for proposed actions related to:
(1)
The location, opening, vacation, extension, widening, narrowing
or enlargement of any street, public ground, pierhead or watercourse;
(2)
The location, erection, demolition, removal or sale of any public
structure located within the municipality;
(3)
The adoption, amendment or repeal of an Official Map, SALDO,
zoning ordinance or provisions for planned residential development,
or capital improvements program; or
(4)
The construction, extension or abandonment of any waterline,
sewer line or sewage treatment facility.
Council may employ administrative and technical services to
aid in carrying out the provisions of Act 247[1] either as consultants on particular matters or as regular
employees of the Borough of Oakmont.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Planning Commission may, with consent of Council, accept
and utilize any funds, personnel or other assistance made available
by Allegheny County, the commonwealth or the federal government or
any of their agencies or from private sources.
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 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.
The membership of the Zoning Hearing Board shall consist of
three residents of Borough of Oakmont appointed by Council. Their
terms of office shall be three years and shall be so fixed that the
term of one member shall expire each year. The Board shall promptly
notify Council of any vacancies which occur. Appointments to fill
vacancies shall be only for the unexpired portion of the term. Members
of the Board shall hold no other elected or appointed office in Borough
of Oakmont nor shall any member be an employee of the Borough.
The Board shall elect from its own membership its officers,
who shall serve annual terms as such and may succeed themselves. For
the conduct of any hearing and taking of any action, a quorum shall
be not less than a majority of all the members of the Board, but the
Board may appoint a Hearing Officer from its own membership to conduct
any hearings on its behalf and the parties may waive further action
by the Board as provided by law. The Board shall adopt rules consistent
with this chapter and the laws of the commonwealth. Such rules shall
include, but not be limited to, the manner of filing appeals and the
manner of filing applications for special exceptions and variances.
The Borough Manager or his or her representative shall serve as Secretary
to the Zoning Hearing Board.
Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of Council which appointed the member, 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.
A.
Zoning Hearing Board. Council shall appoint a Zoning Hearing Board
in accordance with the provisions of the Borough's Code of Ordinances
and § 901 of the of the Pennsylvania Municipalities Planning
Code.[1] The Zoning Hearing Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by the Zoning
Officer in the enforcement of this chapter.
(2)
To hear and decide all variances to the terms of this chapter;
the Zoning Hearing Board is required to act under provisions of this
chapter including approval of the expansion, extension or enlargement
of nonconforming uses only as provided for in this chapter and/or
as otherwise prescribed within the Pennsylvania Municipalities Planning
Code § 909.1.[2]
[2]
Editor's Note: See 53 P.S. § 10909.1.
(3)
To authorize upon appeal in specific cases such variance from
the terms of this chapter as will not be contrary to the public interest,
where owing to special conditions a literal enforcement of the provisions
of this chapter would result in an unnecessary hardship, and so that
the spirit of the this chapter shall be observed and substantial justice
done.
(5)
To hear and decide appeals from a determination by a municipal
engineer or the Zoning Officer with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance.
(7)
To hear and decide appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII applications prescribed within the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10901.
B.
In exercising the above-mentioned powers, such Zoning Hearing Board
may, in conformity with the provisions of this chapter, reverse or
affirm, wholly or partly, or may modify the order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as in its opinion ought to be made. Notice
of such decision shall forthwith be given to all parties in interest
and shall be filed immediately with the Zoning Officer.
Meetings of the Zoning Hearing Board shall be held at the call
of the Chairman and at such other times as the Board may determine
as per its rules and procedures. All meetings of the Board shall be
open to the public. The Board shall keep minutes of its proceedings
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately
filed with the permanent records of the Board and shall be a public
record.
The Board shall conduct hearings and make decisions in accordance
with the requirements and provisions under § 908, Hearings,
Pennsylvania Municipalities Planning Code.[1] Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer and such other persons
who have registered a name and address for this purpose with the Zoning
Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10908.
Parties to proceedings may utilize mediation as an aid in completing
such proceedings as per the provisions of § 908.1, Mediation
option, Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.1.
Within the limits of funds appropriated by the Council, the
Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Members of
the Board may receive compensation for the performance of their duties,
as may be fixed by Council and as per the provisions of § 907
of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10907.
