[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry as indicated in article histories. Amendments noted where
applicable.]
[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry 6-3-2013 by Ord. No. 2013-4. Amendments noted where applicable.]
This article is ordained and enacted pursuant to the provisions of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, Act No. 247, reenacted by the Act of December 21, 1988, P.L. 1329, No. 170, § 2 et seq., 53 P.S. § 10101 et seq., specifically Article II, Planning Agencies, presently 53 P.S. § 10201 to § 10212, inclusive, and pursuant to the provisions of the Second Class Township Code, Act of May 1, 1933, P.L. 103, No. 69, § 101 et seq., reenacted and amended by the Act of July 10, 1947, P.L. 1481, reenacted and amended by the Act of November 9, 1995, P.L. 350, No. 60, 53 P.S. § 65101 et seq., as amended, now in effect and otherwise per law.
This article shall be known and may be cited as the "Derry Township
Planning Commission Ordinance."
There is hereby established and created pursuant to the provisions of Article II, Section 201 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, Act No 247, reenacted by the Act of December 21, 1988, P.L. 1329, No. 170, § 2 et seq., 53 P.S. § 10101 et seq., and as it may hereafter be amended and reenacted, and specifically pursuant to § 201 et seq., as amended, 53 P.S. § 10201 et seq., as amended, a Planning Commission consisting of five members for the Township of Derry, Mifflin County, Pennsylvania, and to be known as "Derry Township Planning Commission."
[Amended 11-2-2020 by Ord. No. 2020-5]
A.
The Derry
Township Planning Commission shall consist of five members who are
residents of the Derry Township appointed by the Supervisors of Derry
Township. The five members shall be appointed to a term of office
of four years, or until a successor is appointed and qualified, except
that the terms of office for three of the members first appointed
after the initial effective date of this article shall be fixed at
one year, two years and three years, respectively, and the terms of
the two remaining members first appointed after the initial effective
date of this article shall be fixed at four years, to be established
on a series of overlapping terms with one term expiring each year
except for one year in which two terms shall accordingly expire.
B.
Pursuant
to the Pennsylvania Municipalities Planning Code, as amended, the
Supervisors of the Township may appoint by resolution no more than
three residents to serve as alternate members of the Planning Commission.
The term of office of alternate members shall be four years.
(1)
The Chairman
of the Planning Commission may designate an alternate member of the
Commission to substitute for any absent member who has recused himself/
herself or has been disqualified by the Supervisors of the Township
of Derry, 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.
(2)
Designation
of an alternate pursuant to this subsection shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
(3)
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 designated and appointed until the Commission has made
a final decision on the matter or case.
(4)
When
designated and seated pursuant to the above provisions relating to
designation, seating and substitution by "alternates" in a matter
or case, 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 provided by law.
(5)
Alternates
shall not serve as a member of the Zoning Hearing Board or as a Zoning
Officer.
(6)
An alternate
may participate in any proceeding or discussion of the Commission,
but shall not be entitled to vote as a member of the Commission nor
to be compensated nor reimbursed pursuant to § 8- 9, hereof,
unless designated as a voting alternate member on a matter or case
pursuant to above provisions.
The Chairman of the Planning Commission shall promptly notify
the Township Supervisors concerning any vacancies in the Planning
Commission. Vacancies shall be filled by appointment by the Township
Supervisors. If a vacancy shall occur other than by expiration of
a term, it shall be filled by appointment by the Township Supervisors
for the unexpired term.
A member of the Planning Commission once qualified and appointed
may be removed from office in accord with the provisions of the Pennsylvania
Municipalities Planning Code, as amended and reenacted, and as it
may hereafter be amended and reenacted, and specifically at present
in accord with the terms and provisions set forth in Section 206 thereof,
53 P.S. § 10206, as it may be amended from time to time.
The Planning Commission shall have all of the authority, powers
and duties conferred and imposed upon it as set forth in the Pennsylvania
Municipalities Planning Code,[1] as amended and reenacted, and as it may hereafter be amended
and reenacted, and shall otherwise be operated and conduct its business
in accord with the provisions of the aforesaid Pennsylvania Municipalities
Planning Code.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Planning Commission may make and alter rules and regulations
for its own organization and procedure, consistent with this article
and with other ordinances of the Township and the laws of the Commonwealth
of Pennsylvania.
[Amended 1-5-2015 by Ord.
No. 2015-2]
Except for elected or appointed officers or employees of the
Township, members of the Planning Commission may receive compensation
in an amount fixed by resolution of the Board of Supervisors. Nonetheless,
compensation shall not exceed the rate of compensation authorized
to be paid to the members of the Board of Supervisors. Without exception,
however, members of the Planning Commission may be reimbursed for
necessary and reasonable expenses.
As of the effective date of this article, the Derry Township
Planning and Zoning Commission established under former law shall
be abolished.
The Derry Township Planning Commission upon its creation and
establishment shall have the authority and obligation to timely complete
those matters then pending before the Derry Township Zoning and Planning
Commission at the time of its abolishment.
This article shall be effective as of the first Monday in January
2014.
[Adopted 11-16-2015 by Ord. No. 2015-6]
This article is ordained and enacted pursuant to the provisions
of The Second Class Township Code, as amended,[1] specifically including 53 P.S. § 66506, relating
to the proper management, care and control of the Township and the
maintenance of peace, good government, health and welfare of the Township
and its citizens.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The Supervisors of the Township hereby establish a Kish Dog
Park Advisory Committee under the authority of the Second Class Township
Code, as amended. The Kish Park Dog Park Advisory Committee recommendations
to the Township Supervisors shall be advisory only.
The purpose of the Kish Dog Park Advisory Committee is to establish
a forum for an effective liaison and communication with the Township
and its Supervisors and employees in the operation and utilization
of Kish Dog Park and to promote proper use and an efficient and positive
atmosphere in the utilization of Kish Dog Park for the general health,
safety and welfare of the citizens of the Township of Derry and the
users of Kish Dog Park by:
A.
Advising and making recommendations relating to specific policies,
procedures and programs to the Township Supervisors and the Township
Manager in relation to the Dog Park;
B.
Providing or soliciting volunteers to help with Dog Park projects
as needed;
C.
Making recommendations to the Supervisors and the Township Manager
for Dog Park needs and improvements;
D.
Assisting in the creation of a positive atmosphere and the providing
of recommendations as to the creation of a positive atmosphere at
Kish Dog Park for people and animals to socialize;
E.
Making recommendations to the Supervisors and the Township Manager
as to the prevention and/or reduction of conflict between dogs, dog
handlers and other users of Kish Dog Park;
F.
Coordinating with the Mifflin County Parks and Recreation Council
and any relevant Committees of the Mifflin County Parks and Recreation
Council as regards improvements to Kish Dog Park and the funding of
Kish Dog Park;
G.
Assisting the Township Supervisors in implementing such other reasonable
requests as it may receive from the Township Supervisors;
H.
Assisting with fund-raising efforts in coordination with the Township
and with the Mifflin County Parks and Recreation Council.
The Kish Dog Park Advisory Committee shall consist of 12 members
who shall be residents of Mifflin County, Pennsylvania, who are citizens
of the Commonwealth of Pennsylvania and who are at least 18 years
of age. At least one member of the Committee shall be a resident of
Derry Township.
A.
Members shall be appointed by the Supervisors for a term of two years,
beginning on the first Monday of January of each even numbered year,
or until their successors are appointed. Members shall serve at the
pleasure of the Township Supervisors and a member may be removed as
a member of the Committee, with or without cause, at any time by the
Township Supervisors.
B.
Thereafter, when a vacancy has occurred by reason of expiration of the term of any member, the Township Supervisors shall appoint a member to a new term of two years. If a vacancy occurs by death, by resignation or by removal from the Committee by the Township Supervisors, the Township Supervisors shall appoint a replacement meeting the qualifications of § 8-16, above, to hold such office for the remainder of the term vacated due to death, resignation or removal from the Committee by Township Supervisors.
Members of the Kish Dog Park Advisory Committee shall serve
without compensation.
Upon organization of the Kish Dog Park Advisory Committee, the
Committee shall appoint a Chairman, a Vice Chairman and a Secretary,
all of whom shall serve at the pleasure of the membership of the Kish
Dog Park Advisory Committee for a term of two years, or until their
successors are appointed.
Meetings of the Kish Dog Park Advisory Committee shall be subject
to the Sunshine Act, 65 Pa.C.S.A. § 701 et seq., as it may
be amended and revised, and any successor law. Meetings shall be held
as necessary, but no less than quarterly.
Public Records of the Kish Dog Park Advisory Committee shall
be subject to the Right-to-Know Law, 65 P.S. § 67.101 et
seq., as it may be amended and revised, and any successor law.
