[HISTORY: Adopted by the Board of Supervisors
of the Township of Middle Smithfield 11-11-1998 by Ord. No. 89. Amendments
noted where applicable.]
There is hereby re-created and reestablished
a Township Planning Commission to be known as the "Middle Smithfield
Township Planning Commission."
[Amended 8-13-2002 by Ord. No. 115; 12-22-2016 by Ord.
No. 210]
A.
The Middle Smithfield Township Planning Commission shall consist
of five members, to be appointed by the Board of Supervisors. The
terms of each of the members of the Commission shall be for four years
or until a successor is appointed and qualified. The terms of the
members appointed hereunder shall be fixed so that no more than two
shall be reappointed or replaced during any future calendar year.
The Chairman of the Planning Commission shall promptly notify the
Board of Supervisors concerning vacancies in the Commission, and such
vacancies shall be filled for the unexpired term.
B.
The Board of Supervisors shall, by resolution, appoint at least one,
but no more than three, resident(s) of the Township of Middle Smithfield
to serve as alternate members of the Middle Smithfield Township Planning
Commission. The term of office of the alternate member shall be four
years. Alternates shall not serve as members of the Zoning Hearing
Board or as a Zoning Hearing Officer.
C.
The Chairman of the Planning Commission may designate duly appointed
alternate members to substitute, as voting alternate members, for
any absent members or members who have recused themselves or have
been disqualified. If, by reason of absence, recusal or disqualification
of a member, a quorum is not reached, the Chairman of the Middle Smithfield
Township Planning Commission shall designate as many duly appointed
alternate members to serve as voting alternate members on the Middle
Smithfield Township Planning Commission as may be needed to reach
a quorum. Any alternate member of the Middle Smithfield Township Planning
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 Middle Smithfield Township 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.
D.
When seated by the Chairman of the Planning Commission as a voting
alternate member, an alternate member shall be entitled to participate
in all proceedings and discussions of the Planning Commission to the
same and full extent as any other member of the Planning Commission,
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 section. Any alternate may participate in any proceeding
or discussion of the Planning Commission but shall not be entitled
to vote unless designated by the Chairman of the Planning Commission
as a voting alternate member.
E.
A Planning Commission member currently in office at the time of the
effective reduction of the number of the Planning Commission's
membership shall continue to serve the remainder of that member's
term, subject to the Township's right of removal.
[Amended 10-14-2010 by Ord. No. 175; 12-22-2016 by Ord. No. 210]
A.
All
of the members of the Planning Commission shall be residents of the
municipality. Pursuant to the Municipalities Planning Code,[1] a certain number of the members, designated as citizen
members, shall not be officers or employees of the municipality. Since
the Middle Smithfield Township Planning Commission is comprised of
five members, at least three Planning Commission members shall be
citizen members.
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
B.
All
members shall serve without compensation. Without exception, members
of the Planning Commission may be reimbursed for necessary and reasonable
expenses. Alternate Planning Commission members are not entitled to
reimbursement, except when designated by the Chairman of the Planning
Commission as a voting alternate member. Elected or appointed officers
or employees of the municipality shall not, by reason of membership
on the Planning Commission, forfeit the right to exercise the powers,
perform the duties or receive the compensation of the municipal offices
held by them during such membership.
C.
Each Planning Commission member, including alternate members, should:
(1)
Demonstrate a working knowledge of subdivision and land development
regulation prior to appointment.
(2)
Become familiar with the Pennsylvania Municipalities Planning Code.
(3)
Attend at least one seminar, training and/or workshop (collectively,
"seminar") pertaining to municipal planning and/or land use regulation
within each calendar year. The Township shall pay the member's
seminar costs and related expenses, provided the seminar is sponsored
by a Township-approved provider, such as the Penn State Extension,
Pennsylvania Municipal Planning Education Institute, Pennsylvania
State Association of Boroughs, Pennsylvania State Association of Township
Supervisors, or similar nationally or state recognized planning organization
or municipal association, or the Monroe County Planning Commission.
Failure to attend one seminar within each calendar year may constitute
just cause for removal of the Planning Commission member under § 504,
Removal from office, of this chapter.
[Amended 10-14-2010 by Ord. No. 175]
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 the Board of Supervisors 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 Commission shall elect its own Chairperson
and Vice Chairperson and shall 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, rules and regulations
to govern its procedures, consistent with the ordinances of Middle
Smithfield Township and the laws of the Commonwealth of Pennsylvania.
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 the Board of Supervisors. Interim reports may be made as often
as may be necessary or as requested by the Board of Supervisors.
The Planning Commission shall, at the request
of the Board of Supervisors, have the power and shall be required
to do and perform all actions requested by the Board of Supervisors
pursuant to the provisions of the Pennsylvania Municipalities Planning
Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S.
§ 10101 et seq.
Any conflicting resolution of Middle Smithfield
Township is hereby repealed in its entirety by the passage of this
chapter.
The provisions of this chapter are severable,
and if any section, sentence, clause, part or provision hereof shall
be held illegal, invalid or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect or impair
the remaining sections, sentences, clauses, parts or provisions of
this chapter. It is hereby declared to be the intent of the Board
that this chapter would have been adopted if such illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.
Nothing in this chapter shall be construed to
affect any suit or proceeding pending in any court, or any rights
acquired or liability incurred, or any permit issued, or any cause
or causes of action existing prior to this chapter.
This chapter shall take effect and be in force
five days after its approval as required by law.
