Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewistown 9-22-1972 by Ord. No. 72-39(C); amended in its entirety 3-24-1986 by Ord. No. 86-2 (Ch. 1, Part 5A, of the 1986 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 220.
Zoning — See Ch. 240.

§ 40-1 Creation of Planning Commission.

Pursuant to the authority granted Council by the Pennsylvania Municipalities Planning Code,[1] the existent five-member Planning Commission created under previous ordinances of the Borough is confirmed as, and shall continue as, the Planning Commission of the Borough.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 40-2 Appointment of members; classes and terms of office.

A. 
The Planning Commission shall be comprised of five residents of the Borough appointed by Council. No elected official of the Borough, no appointed officer or appointed official of the Borough, no employee of the Borough, and no member of the Zoning Hearing Board, Board of Building Appeals, Recreation Board, Police Civil Service Commission or any other board, commission, bureau or agency of the Borough shall be eligible for appointment to the Planning Commission, and no member of the Planning Commission shall serve in any of those offices or positions or on any of those boards, commissions, bureaus or agencies unless he first resigns from the Planning Commission.
B. 
The five members of the Planning Commission shall be divided into four classes with one member in the first class, one member in the second class, one member in the third class, and two members in the fourth class.
C. 
The term of office of the members in a class shall be four years; the term to expire on the second Monday in January or at such time thereafter when successors to the members in the class are appointed by Council. The terms of office of the members of the classes shall be so staggered that the term of office of the member in the first class expires one year, the term of office of the member in the second class expires the following year, the term of office of the member in the third class expires the year after that, and the term of office of the two members in the fourth class expires the year after that.

§ 40-3 Vacancy; removal from Commission.

A. 
If a vacancy occurs in a class of the Planning Commission other than by expiration of the term of the members in the class, Council shall fill the vacancy by appointing a resident of the Borough to serve for the balance of the unexpired four-year term.
B. 
The circumstances and procedures for removing a member of the Planning Commission from office shall be those prescribed by the Pennsylvania Municipalities Planning Code.

§ 40-4 Compensation and reimbursements of members.

The members of the Planning Commission shall serve without compensation but may be reimbursed by Council for necessary and reasonable expenses incurred in the performance of their duties.

§ 40-5 Meetings; notice to the public.

[Amended 9-22-1986 by Ord. No. 86-4; amended 2-14-1994 by Ord. No. 1994-3]
A. 
Beginning on the first Wednesday in February and to and including the first Wednesday in February of the following year, the Planning Commission shall hold regular meetings on the first Wednesday of each month at 7:30 p.m.
B. 
The Planning Commission may hold such special meetings as it may determine are necessary or appropriate.
C. 
Pursuant to the provisions of the Pennsylvania Sunshine Act,[1] all regular and special meetings of the Planning Commission shall be open to the public.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
D. 
During the month of January in each calendar year, the Administrative Secretary to the Planning Commission shall give public notice of the dates, times and places of the regular meetings of the Planning Commission scheduled under Subsection A. This public notice shall be published and concomitantly posted at least four days before the date of the first regular meeting of the Planning Commission scheduled under Subsection A.
E. 
The Administrative Secretary to the Planning Commission shall give public notice of the date, time and place of any special meeting of the Planning Commission to be held under Subsection B. This public notice shall be published and concomitantly posted at least two days before the date of the special meeting.

§ 40-6 Officers of Planning Commission; administrative and technical support.

A. 
Each year at the regular meeting of the Planning Commission scheduled for February, the members of the Planning Commission shall elect one member as Chairman of the Planning Commission and one member as Vice Chairman of the Planning Commission, and may elect such other officers as they may deem necessary or appropriate. The officers of the Planning Commission shall serve for one year or until their successors are elected by the members of the Planning Commission. The officers of the Planning Commission may succeed themselves.
B. 
Council shall assign the Borough Secretary (or Assistant Borough Secretary), or the Borough Manager shall assign some other employee of the Borough, to serve as Administrative Secretary to the Planning Commission. The duties of the Administrative Secretary shall be to provide the Planning Commission with such administrative services as scheduling meetings, giving notice of meetings, preparing agendas for meetings, preparing minutes of meetings, preparing reports, forwarding reports to the County Planning Commission for review and to Council for action, and other like services.
C. 
The Borough Manager shall serve as the practical engineering advisor to the Planning Commission, and any matter which involves engineering consideration shall be subject to his review and comment.
(1) 
The Building Codes, Property Codes and Zoning Code Department shall serve as the technical codes and ordinances advisor to the Planning Commission, and any matter which involves subdivision, land development, zoning, lot layout, construction or improvement of a structure, or the like, shall be subject to the Department's review and comment.
(2) 
If the Borough Manager deems a matter of engineering consideration to be beyond his experience or knowledge, or deems a matter arising under a technical code to be beyond the experience or knowledge of the Building Codes, Property Codes and Zoning Code Department, the consulting engineer to the Borough shall serve as advisor to the Planning Commission with respect to the matter, provided that a request for the services of the consulting engineer is first made to Council by the Borough Manager or the Planning Commission and Council approves the request.
D. 
With the approval of Council, the Planning Commission may accept and use such funds, personnel or other assistance which may be made available by the county, the commonwealth or the federal government or any of its or their agencies or made available by private sources.

§ 40-7 Rules of procedure.

The Planning Commission may make such rules to govern its meetings, proceedings or review procedures and may require the use of such forms in connection with its proceedings or procedures as are permitted by and consistent with the Pennsylvania Municipalities Planning Code[1] and other applicable laws.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 40-8 Duties and powers of Planning Commission.

The duties of the Planning Commission shall be those prescribed by and the powers of the Planning Commission shall be those granted by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 40-9 Public records.

The Planning Commission shall keep complete and full records of its activities, business and actions, and these records shall be public records within the meaning and scope of the Pennsylvania Open Records Act.[1]
[1]
Editor's Note: See the Right-To-Know Law, 65 P.S. § 67.101 et seq.

§ 40-10 Alternate members of Commission.

[Added 2-8-2016 by Ord. No. 2016-1]
A. 
Pursuant to the authority granted the Borough Council of the Borough of Lewistown by the Pennsylvania Municipalities Planning Code,[1] Council may appoint no more than three residents of the Borough to serve as alternate members of the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The term of office of the alternate members shall be four years.
C. 
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 the Borough Council of the Borough of Lewistown, 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.
D. 
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.
E. 
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.
F. 
When seated pursuant to the provisions of Subsection C, above, 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 provided by law.
G. 
Alternates shall not serve as a member of the Zoning Hearing Board or as a Zoning Officer.
H. 
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 nor be reimbursed pursuant to Section 202 of the Municipalities Planning Code[2] unless designated as a voting alternate member pursuant to Subsection C, above.
[2]
Editor's Note: See 53 P.S. § 10202.