Exciting enhancements are coming soon to eCode360! Learn more 🡪
Township of East Caln, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Board of Supervisors of the Township of East Caln 1-23-1980 by Ord. No. 1980-1. Amendments noted where applicable.]
[Amended 7-19-2006 by Ord. No. 2006-01; 1-19-2022 by Ord. No. 2022-02; 8-17-2022 by Ord. No. 2022-06]
The East Caln Township Board of Supervisors shall establish a Township Planning Commission pursuant to the Pennsylvania Municipalities Planning Code, consisting of seven members. Such members may be compensated at a rate to be established from time to time by resolution of the Board of Supervisors, and they may be reimbursed for necessary and reasonable expenses. However, elected or appointed officers or employees of the municipality shall not, by reason of membership thereon, forfeit the right to exercise the powers, perform the duties or receive the compensations of the municipal offices held by them during such membership.
All members of the Commission shall be appointed by the Board of Supervisors. The term of each of the members of the Commission shall be for four years, or until a successor is appointed and qualified. Terms shall be set so that not more than two terms expire in any one calendar year. The Chairman of the Commission shall notify the Supervisors concerning vacancies in the commission and the Board shall fill such vacancy for the unexpired term. Members of the existing Planning Commission established under prior ordinances shall continue to serve until the end of the term for which they are appointed.
[Amended 1-19-2022 by Ord. No. 2022-02; 8-17-2022 by Ord. No. 2022-06]
All members of the Commission shall be residents of the Township. Five members of the Commission shall be citizen members who shall not be employees of the Township or serve in any elected or other appointed Township position.
Any member of the 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.
[Amended 1-19-2022 by Ord. No. 2022-02]
A. 
The 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 Commission may set and alter rules and regulations to govern its procedures consistent with the ordinances of the Township and the laws of the Commonwealth. The Commission shall keep a full record of its business and shall annually make a written report by March 1 of each year of the prior year 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.
B. 
The chairman of the Commission may designate alternate Commission members to substitute for any absent member or member who has recused him/herself or has been disqualified by the Board of Supervisors, 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 Commission members to sit on the Commission as may be needed to reach a quorum. Any alternate Commission member shall continue to serve in all proceedings involving the matter or case for which the alternate was initially appointed until the 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.
The Commission shall have the powers and duties as the Pennsylvania Municipalities Code shall from time to time prescribe. Additional duties may be assigned to the Commission by resolution adopted by the Board of Supervisors.
The Commission with the consent of the Board of Supervisors, may employ administrative and technical services to aid in carrying out their required duties. With the consent of the Board of Supervisors, the commission may accept and utilize any funds, personnel or other assistance made available by the County, the Commonwealth or the Federal government or any of their agencies or from private sources. All agreements or contract regarding the employment of personnel or the acceptance or utilization of funds shall be entered into by the Board of Supervisors.
The Commission shall schedule monthly meetings. The date, time and place of said meeting shall be set by the Commission and public notice shall be given. The quorum required to conduct official business at a Commission meeting shall be set by the Commission.
[Added 1-19-2022 by Ord. No. 2022-02]
The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Commission. The term of office of an alternate shall be four years. When seated pursuant to the provisions of § 32-5B, 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 set forth in the Pennsylvania Municipalities Planning Code and as otherwise provided by law. Alternates shall not serve as a member of the Zoning Hearing Board or as a zoning officer. Alternates may participate in any proceeding or discussion of the Commission but shall not be entitled to vote as a member nor be reimbursed pursuant to § 32-1 unless designated as a voting alternate member pursuant to § 32-5B.