[HISTORY: Article I adopted by the Board of Supervisors (now Township Council) of the Township of Washington as indicated in article histories. Subsequent articles adopted by the Township Council of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Official Map — See Ch. 83.
Subdivision and land development — See Ch. 119.
Zoning — See Ch. 150.
[Adopted 1-1-1966 by Ord. No. 4-66]
The Township Council shall appoint a Township Planning Commission consisting of five persons, who shall serve for terms of five years, with one member of the Commission to be appointed on the first Monday of April of each year; except that all of the members of the first Commission shall be appointed on the first Monday of January 1966, with the terms of the members first appointed to be as follows: one member of the first Commission appointed shall serve until the first Monday of April 1967, one until the first Monday of April 1968, one until the first Monday of April 1969, one until the first Monday of April 1970 and one until the first Monday of April 1971.
All members of the Commission shall reside within the Township and serve without pay, although they may be reimbursed for necessary expenses incurred in performance of their duties as Commission members.
An appointment to fill a vacancy shall be only for the unexpired portion of the term.
[Added 6-1-2004 by Ord. No. 4-04]
Except for any Council person serving a current term on the Planning Commission on the effective date of this § 16-4, Township Council members shall not serve concurrent terms as voting members of the Planning Commission.[2]
[1]
Editor's Note: Former § 16-4, Limitation on holding other position or office, was repealed 10-3-2000 by Ord. No. 10-00.
[2]
Editor's Note: "This Ordinance shall not apply to the membership of a Council person serving on the Joint Planning Commission of which Washington Township is a member pursuant to Ordinance No. 11-02."
A. 
The Township Planning Commission shall elect its own Chairman and create and fill such other offices as it may determine necessary. The Commission may make and alter rules for its procedure consistent with the ordinances of the Township and the laws of the commonwealth. It shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. The Township Council shall appropriate funds in the same manner as other appropriations are made.
B. 
The Planning Commission, with approval of the majority of the Township Council, may appoint such employees and staff as it may deem necessary for its work and may contract with planners and other consultants for such technical services as it may require. As an aid to coordination of municipal planning and with the consent of the Township Council, the Planning Commission may enter into joint agreements with county, regional or other planning agencies, covering cooperative relationships as are necessary to attain the objectives of this article. The Planning Commission shall incur only such expenditures as shall be necessary and proper and all such expenditures shall be within the amount appropriated by the Township Council or placed at the Commission's disposal from other sources.
The Commission shall, annually, at the regular meeting of the Township Council in June of each year, make a report to the Council of their transactions, findings and determinations.
The Planning Commission shall prepare and adopt a plan of development for the Township. The plan, with accompanying maps, charts, drawings and descriptive matter, shall show the Commission's recommendation for the development of the Township. It may show the Commission's recommendations for the most desirable use of land for agricultural, residential, commercial, industrial and other purposes; for the most desirable density of population in the several parts of the Township; for a system of principal thoroughfares, parkways, bridges, streets and other public ways; for airports, parks, playgrounds and public grounds; for the general location and extent of facilities for water, sewage, light, power, transit and other purposes, whether publicly or privately owned; for the general location, character and extent of community centers and neighborhood units; for the replanning of blighted and slum areas; for the extent and location of public projects; and for such other things as, in the opinion of the Commission, are of public concern.
A. 
The Development Plan shall be based on studies of the physical, social, economic and governmental conditions and trends, and shall be designed to promote with the greatest efficiency and economy the coordinated development of the Township and the general welfare and prosperity of its people.
B. 
As the work of preparing the whole Development Plan progresses, the Commission may from time to time adopt parts thereof, any such part to cover one or more major sections or divisions of the Township or one or more of the functional matters to be included on the plan. The Commission may from time to time amend, extend or add to the Development Plan. The Planning Commission shall, wherever possible, cooperate with the County Planning Commission, if one is formed in Erie County. In such case, it shall be the duty of the Commission to file a copy of all maps and plans and amendments thereto adopted by the Commission with the County Planning Commission within 30 days of the completion of such maps or plans.
The Township Council may establish as the Official Map of the Township any part of the Development Plan with respect to the location and width of streets, highways and parkways and the location and extent of public parks and playgrounds. Establishment shall be by ordinance, after public hearing, with notice of such public hearing to be published in a newspaper of general circulation in the Township at least 10 days prior to the hearing. Such Map, subject to amendments as hereinafter provided, is to be deemed official and conclusive as regards the above subject matter and is hereby declared to be established to conserve and promote the public health, safety, morals and general welfare.
A. 
The Planning Commission shall have power to make or cause to be made from time to time surveys for the exact locations of the lines of new, extended, widened or narrowed streets, the newly proposed or changed outer limits of parks, playgrounds, freeways and parkways, in the whole or any portion of the Township, and to certify to the Township Council at plat or plats of the areas thus surveyed on which are indicated the location of the lines recommended by the Planning Commission as the mapped boundaries of future public areas, for placing on the Official Map of the Township.
B. 
The Township Council may, by resolution, whenever and as often as it may deem it for the public interest, change or add to the Official Map of the Township. Before changing or adding to the Official Map, the matter shall be referred to the Planning Commission for its recommendation thereon within 30 days after reference, it shall be deemed to consent thereto.
C. 
Upon the receipt of the recommendation of the Planning Commission or upon the expiration of 30 days after reference to the Planning Commission, the Township Council may hold a public hearing on the proposed change in or addition to the Official Map, and, if such hearing is to be held, shall cause notice of the hearing to be published in a newspaper of general circulation in the Township at least 10 days prior to the date of the hearing. At such public hearing, all interested parties shall be given an opportunity to present their views prior to the final vote upon the resolution providing for the change on or addition to the Official Map. Upon final passage of the resolution, the changes or additions shall become a part of the Official Map of the Township.
D. 
The acceptance or approval by the Township, under the provisions of laws other than those contained in this section, of the locating, laying out, widening or closing of any public way or areas designated above as part of the Official Map shall be deemed to be a change or addition to the Official Map and shall be in no way constructed as an opening, establishment, taking or acceptance of any land for a public use.
E. 
For the purpose of preserving the integrity of the Official Map of the Township, no permit shall be issued for any building in the bed of any street shown or laid out on the Official Map, except that when the property of the applicant of which such reserved location forms a part cannot yield a reasonable return to the owner unless such permit is granted, the Township Zoning Hearing Board may, in a specific case, by the vote of a majority of its members, grant a permit for a building in such street which will as tend to cause a change of the Official Map; and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.
F. 
No public sewer, water main or other Township street utility or improvement shall be constructed in or so as to serve any street, highway, parkway, playground or park until the street, highway, parkway, playground or park is duly placed on the Official Map.
G. 
No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Map. Where the enforcement of the provision of this section would entail practical difficulty or unnecessary hardship and where the circumstances of the case do not require the structure to be related to existing or proposed streets or highways, the applicant for the permit may appeal from the decision of the administrative office having charge of the issuance of permits to the Zoning Hearing Board, and the same provisions shall apply to such appeals and to such Board as are provided in cases of appeals on zoning regulations. The Board may, in passing on such appeal, make any reasonable exception and issue the permit subject to conditions that will protect any street or highway layout.
[1]
Editor's Note: See also Ch. 83, Official Map.
Upon adoption by the Township Council of land subdivision regulations, all subdivision layout or plot maps shall be referred to the Planning Commission for its recommendations. If the Planning Commission shall not make its recommendations thereon within 30 days after such reference, it shall be deemed to consent thereto.
The Township Planning Commission may make reports and recommendations to the Township Council, agencies and citizens regarding public and private improvements in relation to its plans and general community development. It may publish the Development Plan or sections thereof and such other reports and recommendations as, in the opinion of the Commission, are necessary to attain the objectives of this article. It shall operate in cooperation with the Township Zoning Commission. All public officials shall, upon request, furnish to the Commission such available information as the Commission or its staff may require for its work. The Commission or its employees may, while performing necessary work, enter upon any land in order to examine or survey it or to place and maintain necessary temporary markers thereon. In general, the Planning Commission shall have such powers as will reasonably enable it to carry out its purpose and promote Township planning.
this article is passed under authority of the Second Class Township Code, Article XII-A, Sections 2051 to 2057, inclusive,[1] and the Township Planning Commission shall have all the powers and duties therein enumerated.
[1]
Editor's Note: These sections, codified as former 53 P.S. §§ 66251 to 66258, were repealed 7-31-1968 by P.L. 805, No. 247, Art. XII, § 1201. See now 53 P.S. § 10501 et seq.
In addition to the powers and duties conferred and imposed by § 16-11 of this article, the Township Council hereby confers and imposes upon the Planning Commission all the powers and duties of a Zoning Commission as conferred by Article XX, Section 2006, of the Second Class Township Code, as amended by the Act of Assembly, 1947, July 10, P.L. 1481, Section 47.[1]
[1]
Editor's Note: This section, codified as former 53 P.S. § 67006, was repealed 7-31-1968 by P.L. 805, No. 247, Art. XII, § 1201. See now 53 P.S. § 10101 et seq.
[Adopted 4-1-2003 by Ord. No. 11-02]
Washington Township shall join with the municipalities of the Borough of Edinboro and Franklin Township to create the Edinboro Borough, Franklin Township and Washington Township Joint Planning Commission as per the guidelines set forth under Article XI of the Pennsylvania Municipalities Planning Code as amended, 53 P.S. § 11101 et seq.
The three municipalities of the Edinboro Lake area have come to recognize that issues associated with growth and development, such as, but not limited to, traffic congestion, air and water pollution, and loss of open space, should be discussed with adjoining municipalities. The three municipalities further recognize that current and anticipated growth, if not properly managed, will lead to the diminution of the region's quality of life. The three municipalities hereby embark on a course of action to create a joint planning commission to recommend to the governing bodies of Franklin Township, Washington Township and the Borough of Edinboro a multimunicipal comprehensive plan for all three participating municipalities in accordance with all applicable sections of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
The Joint Planning Commission shall have the responsibility to prepare and make recommendation for a multimunicipal comprehensive plan for the three participating municipalities. To this end, the powers and duties of the Joint Planning Commission are as follows:
A. 
To prepare a multimunicipal joint comprehensive plan pursuant to Article XI of the Pennsylvania Municipalities Planning Code.
B. 
To represent the interest of their respective municipalities, and to cast one vote per municipality on all matters that require action.
C. 
To make advisory recommendations only.
D. 
To be guided by the procedures of the Joint Municipal Planning Commission, which procedures and guidelines are attached to, made a part hereof and marked Attachment A.[1]
[1]
Editor’s Note: Attachment A is on file in the Township offices.
E. 
Not to usurp or preempt the powers, duties and obligations of the individual municipalities’ planning commissions and zoning hearing boards.
F. 
To reserve to the appropriate and designated entities of each individual participating municipality all remaining powers and duties provided to planning commissions pursuant to the Pennsylvania Municipalities Planning Code.
G. 
To utilize any employees of any participating municipality to make special surveys or studies requested by the Joint Planning Commission upon approval of said participating municipality.
The municipalities may extend the powers and duties of the Joint Municipal Planning Commission by ordinance of all participating municipalities.
The Joint Planning Commission shall be comprised of the following member municipalities: Edinboro Borough, Franklin Township and Washington Township.
A. 
The governing body of each municipality shall appoint one voting member to the Joint Planning Commission. The appointed voting member from each municipality shall at the time of appointment to the Joint Planning Commission and throughout the duration of his/her service on the Joint Planning Commission be a local elected official. Members of the Joint Planning Commission shall serve without salary but may be paid expenses incurred in the performance of their duties. The Joint Planning Commission shall elect a chairperson, vice chairperson, and secretary-treasurer whose terms shall not exceed one year and who shall be eligible for reelection. The Joint Planning Commission may create and fill other offices as it may determine.
B. 
Each municipality shall also appoint two advisors to the Joint Planning Commission who shall have the right to attend and to speak during all meetings but shall not have the right to vote. One such advisor shall be a member of the municipal planning commission. The other such advisor shall be either a municipal staff person or a resident of the municipality who is not a municipal employee.
C. 
Each municipality in a timely fashion is responsible for insuring full representation on the Joint Municipal Planning Commission and must fill any vacancy in a timely and reasonable manner.
D. 
The term of each appointed voting member shall be for three years, although initially, the terms shall be staggered with the initial voting member from Edinboro Borough appointed for a one-year term, the initial voting member for Franklin Township for a two-year term, and the initial voting member from Washington Township for a three year term.
Any participating municipality may withdraw from the Joint Municipal Planning Commission after six months’ formal notice. Formal notice must be submitted in writing with the consent of the respective governing body authorizing withdrawal from the Joint Planning Commission. Upon receiving notice that a municipality wishes to withdraw from the Joint Planning Commission, the governing bodies of the remaining municipalities shall promptly schedule a meeting to consider whether the remaining municipalities wish to continue with the Joint Planning Commission. Municipalities who choose to withdraw shall be responsible for their share of costs for the six months of formal notice.
A quorum of the Joint Planning Commission shall be considered achieved when two voting members are present.
The Joint Planning Commission shall prepare an annual budget and may seek appropriate funds for its deliberation. The Joint Planning Commission may seek federal, state and county grants and funds to offset the cost of operation and the recommendations presented for the preparation of the Edinboro Borough, Franklin Township and Washington Township Joint Municipal Comprehensive Plan. All budgeted and nonbudgeted revenue or expenditure items shall be approved by unanimous consent of the voting members of the Joint Planning Commission.
Prior to the beginning of each calendar year’s activities and functions, the Joint Planning Commission shall request of each participating municipality funding for the coming year based upon a formula which reflects the proposed activities and work products as they relate to the various participating municipalities. The request for funds shall be for costs minus any in-kind services and grants that may be applicable. See Attachment B[1] of this article for the agreed sharing of costs pertaining to PADCED LUPTAP Contract No. C000000050, the grant underlying creation of the Joint Planning Commission.
[1]
Editor’s Note: Attachment B is on file in the Township offices.
A. 
The Joint Planning Commission may, with the consent of all of the participating governing bodies, receive grants from the federal, state, or county government or from individuals or foundations, and shall have the authority to contract therewith.
B. 
The Joint Planning Commission may appoint such employees and staff as it deems necessary for its work and contract with planners and other consultants for the services it may require, all in accordance with and limited by its funding and financial situations.
C. 
The Joint Planning Commission may also perform planning services for any municipality which is not a member thereof and may charge fees for the work.
D. 
The Joint Planning Commission may prepare and sell maps, reports, bulletins or other materials and establish reasonable charges therefor.
E. 
The Joint Planning Commission may provide (with the approval of each respective municipality) planning assistance and do planning work, including surveys, land use studies, urban renewal plans, technical services, and other elements of comprehensive planning programs, for any municipalities within the area. For this purpose, the Joint Planning Commission may, with the consent of all the governing bodies, accept any funds, personnel or other assistance made available by the federal, state, or county government or from individuals or foundations and, for the purpose of receiving and using federal, state, or county planning grants for provisions of urban planning assistance, the Joint Planning Commission may enter into contracts regarding the acceptance or use of the funds of assistance.
F. 
All purchase and contracts shall be performed in compliance with the statutory requirements governing competitive bidding and execution of contracts that govern like purchases and contracts performed by the participating municipalities.