[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]
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.
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.
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.
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.
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]
All of the members of the Planning Commission shall be residents of the municipality. Pursuant to the Municipalities Planning Code, 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.
Editor’s Note: See 53 P.S. § 10101 et seq.
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.
Each Planning Commission member, including alternate members, should:
Demonstrate a working knowledge of subdivision and land development regulation prior to appointment.
Become familiar with the Pennsylvania Municipalities Planning Code.
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.