[Amended 12-29-1975 by Ord. No. 75-39]
The governing body of Hempfield Township shall have the power to create
or abolish, by ordinance, a Planning Commission or Planning Department, or
both. An ordinance which creates both a Planning Commission and a Planning
Department shall specify which of the powers and duties conferred on planning
agencies by the Pennsylvania Municipalities Planning Code each shall exercise
and may confer upon each additional powers, duties and advisory functions
not inconsistent with the Planning Code. In lieu of a Planning Commission
or Planning Department, the governing body may elect to assign the powers
and duties conferred by the Planning Code to a Planning Committee comprised
of members appointed from the governing body. The Engineer for Hempfield Township
or an engineer appointed by the governing body shall serve the planning agency
as engineering advisor.
[Amended 12-29-1975 by Ord. No. 75-39]
The Planning Commission shall have not less than seven nor more than
seven members. All members of the Commission shall serve without compensation
but may be reimbursed for necessary and reasonable expenses. However, elected
or appointed officers or employees of the Township of Hempfield 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 appointing authority
of Hempfield Township. All such appointments shall be approved by the governing
body except where the governing body is the appointing authority. The term
of each of the members of the Commission shall be for four years or until
his successor is appointed and qualified. The Chairman of the Planning Commission
shall promptly notify the appointing authority concerning vacancies in the
Commission, and such vacancy shall be filled for the unexpired term.
The members of any existing Planning Commission established under former
laws shall continue in office until the end of the term for which they were
appointed; their successors shall be appointed as provided by this chapter.
If a vacancy shall occur otherwise than by expiration of term, it shall be
filled by appointment for the unexpired term according to the terms of this
Article. Should the governing body determine to increase the number of members
of an already existing Planning Commission, the additional members shall be
appointed as provided in this Article. If the governing body shall determine
to reduce the number of members on any 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 shall be
by ordinance.
All of the members of the Planning Commission shall be residents of
Hempfield Township. On all Planning Commissions appointed pursuant to this
chapter, a certain number of the members designated as citizen members shall
not be officers or employees of the Township of Hempfield. On a Commission
of three members, at least two shall be citizen members. On a Commission of
four members or five members, at least three shall be citizen members. On
a Commission of either six or seven members, at least five shall be citizen
members, and on Commissions of either eight or nine members, at least six
shall be citizen members.
Any member of a 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 governing body which appointed
the member, 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 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 make and alter bylaws
and rules and regulations to govern its procedures, consistent with the ordinances
of the municipality 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 its activities to the governing body. Interim
reports may be made as often as may be necessary or as requested by the governing
body.
[Amended 12-29-1975 by Ord. No. 75-39]
A.
The planning agency shall, at the request of the governing
body, have the power and shall be required to:
(1)
Prepare the Comprehensive Plan for the development of
the municipality as set forth in this chapter and present it for the consideration
of the governing body.
(2)
Maintain and keep on file the records of its action.
All records and files of the planning agency shall be in the possession of
the governing body.
B.
The planning agency, at the request of the governing
body, may:
(1)
Prepare and present for consideration to the governing
body of the municipality and, after adoption, maintain for the governing body
an Official Map, and make recommendations to the governing body on proposed
changes in such map as set forth by statute and this chapter.
(2)
Prepare and present to the governing body of the municipality
a zoning ordinance and make recommendations to the governing body on proposed
amendments to it as set forth by statute and this chapter.
(3)
Prepare and administer subdivision and land development
regulations as set forth by statute and this chapter.
(4)
Prepare and administer planned residential development
regulations as set forth by statute.
(5)
Prepare and present to the governing body of Hempfield
Township a building code and make recommendations to the governing body on
proposed amendments thereto.
(6)
Prepare and present to the governing body of Hempfield
Township a housing code and make recommendations to the governing body on
proposed amendments thereto.
(7)
Submit to the appointing authority of the municipality
a recommended capital improvements program.
(8)
Promote public interest in and understanding of the Comprehensive
Plan and planning.
(9)
Make recommendations to governmental, civic and private
agencies and individuals as to the effectiveness of the proposals of such
agencies and individuals.
(10)
Hold public hearings and meetings.
(11)
Require from other departments and agencies of Hempfield
Township such available information as relates to the work of the planning
agency.
(12)
In the performance of its functions, enter upon any land
to make examinations and surveys either after permission has been obtained
from the owner or after public notices.
(13)
Do such other acts or make such studies as may be necessary
to fulfill the duties and obligations imposed by this chapter.
C.
In the performance of its powers and duties, any act
or recommendation of the planning agency which involves engineering consideration
shall be subject to review and comments of the Engineer, which shall be incorporated
and separately set forth in any report, written act or recommendation of the
planning agency.
The appointing authority may employ administrative and technical services
to aid in carrying out- the provisions of this chapter either as consultants
on particular matters or as regular employees of the municipality.
The planning agency may, with the consent of the governing body, 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. The governing body may enter into agreements or contracts
regarding the acceptance or utilization of the funds or assistance in accordance
with the governmental procedures of Hempfield Township.
