[HISTORY: Adopted by the Board of Supervisors of the Township of Birmingham 11-7-1994 by Ord. No. 94-07. Amendments noted where applicable.]
A. 
The General Assembly of the Commonwealth of Pennsylvania has enacted Act 170 of 1988 setting forth certain guidelines for the creation of a Planning Commission by the governing body of a municipality in accord with Article II, Section 201, of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10201.
B. 
Said Act provides that if a governing body of a municipality elects to create a Planning Commission, it must do so by ordinance and shall specify the powers and duties conferred on the Planning Commission by this Act.
C. 
It is the intent of the Board of Supervisors of Birmingham Township to create a Planning Commission and to set the powers and duties conferred on the Planning Commission in accord with the limitations of Act 170 of 1988.
The Planning Commission, as created by this chapter, shall be known as the "Birmingham Township, Chester County, Planning Commission" and shall consist of not fewer than three nor more than nine members, and all members shall serve without compensation but may be reimbursed for necessary and reasonable expenses.
Elected or appointed officers or employees of Birmingham Township shall not forfeit the right to exercise the power, perform the duties or receive the compensation of the municipal office held by them by reason of their membership on the Planning Commission.
Members of the Planning Commission shall be appointed by the Board of Supervisors of Birmingham Township. The term of each member of the Planning Commission shall be four years or until his or her successor is appointed and qualified, except that the terms first appointed pursuant to this chapter shall be so fixed that on Commissions of eight members or fewer, no more than two members shall be reappointed or replaced during any future calendar year, and on Commissions of nine members, no more than three members shall be so reappointed or replaced.
The Chair of the Planning Commission shall promptly notify the Board of Supervisors of Birmingham Township concerning vacancies on the Commission, and such vacancies shall be filled for the unexpired term. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term by the Board of Supervisors of Birmingham Township. If, at any time, the Board of Supervisors of Birmingham Township elects to increase the number of members of the existing Planning Commission in accord with Act 170 of 1988, as amended,[1] additional members shall be appointed by the Board of Supervisors of Birmingham Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
If the Board of Supervisors of Birmingham Township determines to reduce the number of members on the existing Planning Commission, 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 in the number of members of the Planning Commission over the authorized number shall be by ordinance. All members of the Planning Commission shall be residents of the municipality and shall be appointed pursuant to the Act as defined in § 17-1A.
Any member of the Planning Commission, once qualified and appointed, may be removed in accord with the Act as defined in § 17-1A.
The Planning Commission shall elect its own chair and vice chair and create and fill other such offices as may be determined. Officers shall serve annual terms and may succeed themselves.
The Planning Commission shall keep a complete record of its business and shall annually present to the Board of Supervisors at the annual town meeting a report of the Planning Commission's activities and such interim report as may be necessary or as requested by the Board of Supervisors of Birmingham Township.
The powers and duties of the Planning Commission, at the request of the Board of Supervisors of Birmingham Township, shall be as follows:
A. 
Making recommendations to the governing body concerning the adoption or amendment of an Official Map.
B. 
Preparing and presenting to the governing body of the municipality a zoning ordinance and making recommendations to the governing body on proposed amendments to Chapter 122, Zoning, as set forth in the Act as defined in § 17-1A.
C. 
Preparing, recommending and administering subdivision and land development and planned residential development regulations, as set forth in the Act as defined in § 17-1A.
D. 
Preparing and presenting to the governing body of the municipality a building code and a housing code and making recommendations concerning proposed amendments thereto.
E. 
Doing such other acts or making such studies as may be necessary to fulfill the duties and obligations imposed by the Act as defined in § 17-1A.
F. 
Preparing and presenting to the governing body of the municipality an environmental study.
G. 
Preparing and submitting to the governing body of the municipality a recommended capital improvements program.
H. 
Preparing and presenting to the governing body of the municipality 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.
I. 
Holding public hearings and meetings.
J. 
Presenting testimony before any board.
K. 
Requesting and obtaining from other departments and agencies of the municipality such available information as relates to the work of the planning agency.
L. 
In the performance of its functions, entering upon any land to make examinations and surveys with the consent of the owner.
M. 
Preparing and presenting to the governing body of the municipality a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the municipality.
N. 
Reviewing Chapter 122, Zoning, and Chapter 103, Subdivision and Land Development, the 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.