City of Monessen, PA Article I Planning Commission

[Adopted 8-23-2018 by Ord. No. 4-2018[1]]

[1] Editor's Note: This ordinance repealed former Art. I, Planning Commission, derived from Ch. I, Sections 41 through 47, of the 1964 Code of Ordinances of the City of Monessen.

§ 12-1 Purpose and intent.

It is the intent, purpose, and scope of this article to repeal Ordinance Numbers 55 of 1924 and 562 of 1962 and any other ordinances enacted by Council for the providing and regulating the Planning Commission of the City of Monessen.

§ 12-2 City Planning Commission created.

A City Planning Commission, hereinafter called "Commission," which shall consist of five residents of the City of Monessen to be appointed by the Council for the City of Monessen, with all powers and duties authorized by the Pennsylvania Municipalities Planning Code Section 10201,[1] and Section 12406 of the Pennsylvania Third Class City Code,[2] is hereby created for the City of Monessen.

[1] Editor's Note: See 53 P.S. § 10201.

[2] Editor's Note: See 11 Pa.C.S.A. § 12406.

§ 12-3 Appointment; terms; vacancies; alternates.

A. All appointments and number of seats established prior to the enactment of this article will remain in full force and effect. The Commission shall be composed of five residents from the City of Monessen.

B. In the first instance, one member of the said Commission shall be appointed for one year, one member for two years, one member for three years, one member for four years, and one member for five years. Thereafter, any members appointed will serve for a term of four years. Commission member terms will begin and end on the first Monday of January. Any appointment to fill a vacancy shall be only for the unexpired portion of the term.

C. The Chairman of the Planning Commission shall promptly notify the appointing authority of the City Council concerning vacancies in the Commission, and such vacancy 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 according to the terms of this article.

D. Should City Council 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 Council determines 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.

E. Council may appoint by resolution at least one but no more than three residents of the City to serve as alternate members of the Planning Commission. The term of office of an alternate member shall be four years. When seated pursuant to the provisions of Section 207,[1] 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 this article and as otherwise provided by law. Alternates shall not serve as a member of the Zoning Hearing Board or as a Zoning Officer. Any alternate may participate in any proceeding or discussion of the Commission but shall not be entitled to vote as a member of the Commission.

[1] Editor's Note: See 53 P.S. § 10207.

F. Members of the Commission shall not be officers or employees of the City.

§ 12-4 Removal of 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 Council 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.

§ 12-5 Organization; officers; rules and regulations.

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 make and alter bylaws and rules and regulations to govern its procedures consistent with the ordinances of the City 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 Council. Interim reports may be made as often as may be necessary, or as requested by Council.

B. The Chairman of the Planning Commission may designate alternate members of the Commission to substitute for any absent member or member who has recused himself or has been disqualified by Council; 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 members of the Commission to sit on the Commission as may be needed to reach a quorum. Any alternate member of the 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 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.

§ 12-6 Powers and duties.

The Commission shall, at the request of the City Council, have the power and shall be required to execute any powers as enumerated in Section 10209.1 of the Municipalities Planning Code, entitled "Powers and Duties of Planning Agency," 53 P.S. § 10209.1.

§ 12-7 Appropriations and expenses.

A. City Council may employ administrative and technical services to aid in carrying out the provisions of this article, either as consultants on particular matters or as regular employees of the City. A county planning agency, with the consent of its council, may perform planning services for the City where Council requests such assistance and may enter into agreements or contracts for such work.

B. The Commission may, with consent of Council, accept and utilized 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. Council may enter into agreements or contracts regarding the acceptance or utilization of the funds or assistance in accordance with the governmental procedures of the City.

§ 12-7.1 Repealer.

All ordinances or resolutions or parts of ordinances or resolutions insofar as they are inconsistent herewith are hereby repealed and rescinded.

§ 12-7.2 Severability.

In the event any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any of the remaining provisions, sections, sentences, clauses, or parts of this article, it being the intent of the City of Monessen that the remainder of the article shall be and shall remain in full force and effect.

§ 12-7.3 When effective.

This article shall become effective 10 days after enactment.