[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.]
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.
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.
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.
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.
[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.
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.
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.
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.
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.
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.
[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.