[HISTORY: Adopted by the Board of Supervisors of the Township of
Tobyhanna 2-15-1993 by Ord. No. 369. Amendments
noted where applicable.]
Pursuant to and under the provisions of the Pennsylvania Municipalities
Planning Code, the Act of July 31, 1968 (P.L. 805, No. 247), amended June
23, 1982 (P.L. 613, No. 173), reenacted and amended December 21, 1988 (P.L.
1329, No. 170),[1] the Board of Supervisors of the Township of Tobyhanna, Monroe
County, Pennsylvania, hereby creates and reestablishes the Township of Tobyhanna
Planning Commission and hereby confers the powers and duties set forth herein
unto the Township of Tobyhanna Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The Planning Commission shall consist of five members
appointed by the Board of Supervisors, all of whom shall be residents of the
Township of Tobyhanna of Monroe County, and at least three members shall be
designated as citizen members who shall not be officers or employees of the
township. The term of office of each of the members shall be for four years
or until a successor is appointed and qualified, except that the terms of
the members first appointed shall be so fixed that no more than two members
shall be reappointed or replaced during any future calendar year. In the event
of a vacancy, the Board of Supervisors shall appoint a member to fill the
balance of the unexpired term. Members whose terms have expired shall hold
office until their successors have been appointed and qualified. Members of
the existing Planning Commission shall be considered as having been reappointed
for the balance of their respective terms. All members of the Planning Commission
shall serve without compensation, but may be reimbursed with the prior approval
of the Board of Supervisors, for necessary and reasonable expenses.
B.
The Chairman of the Planning Commission shall promptly
notify the Board of Supervisors concerning vacancies in the Commission, and
any such vacancy occurring other than by expiration of term shall be filled
for the unexpired term.
A.
The Planning Commission shall, at the request of the
Board of Supervisors under the authority of Pennsylvania Municipalities Planning
Code Section 209.1,[1] have the power and shall be required to:
(1)
Prepare the Comprehensive Plan for the development of
the Township of Tobyhanna as set forth in this Act, and present it for the
consideration of the Board of Supervisors.
(2)
Maintain and keep on file records of its actions. All
records and files of the Planning Commission shall be in the possession of
the Board of Supervisors.
[1]
Editor's Note: See 53 P.S. § 10209.1.
B.
The Planning Commission, at the request of the Board
of Supervisors, may:
(1)
Make recommendations to the Board of Supervisors concerning
the adoption or amendment of an official map.
(3)
Prepare, recommend and administer subdivision and land
development and planned residential development regulations, as set forth
in the Pennsylvania Municipalities Planning Code.
(4)
Prepare and present to the Board of Supervisors of the
Township of Tobyhanna a building code and a housing code and make recommendations
concerning proposed amendments thereto.
(5)
Do such other acts or make such studies as may be necessary
to fulfill the duties and obligations imposed by the Municipalities Planning
Code.
(6)
Prepare and present to the Board of Supervisors of the
Township of Tobyhanna an environmental study.
(7)
Prepare and present to the Board of Supervisors of the
Township of Tobyhanna a water survey, which shall be consistent with the State
Water Plan and any applicable water resources plan adopted by a river basin
commission. The water survey shall be conducted in consultation with any public
water supplier in the area to be surveyed.
(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)
Present testimony before any board.
(12)
Require from other departments and agencies of the Township
of Tobyhanna such available information as relates to the work of the planning
agency.
(13)
In the performance of its functions, enter upon any land
to make examinations and surveys with the consent of the owner.
(14)
Prepare and present to the Board of Supervisors a study
regarding the feasibility and practicability of using renewable energy sources
in specific areas within the Township of Tobyhanna.
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 the laws
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 Board of Supervisors. Interim
reports may be made as often as may be necessary, or as requested by the Board
of Supervisors.
The Township 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 Monroe County Planning Commission, with the consent of its governing body,
may perform planning services for the township or Planning Commission if the
Board of Supervisors requests such assistance and enters into agreements or
contracts for such work.
The Planning Commission may, with the consent of the Board of Supervisors,
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 Board of Supervisors may enter into
agreements or contracts regarding the acceptance or utilization of the funds
or assistance in accordance with the governmental procedures of the municipality.
Any member of the 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 Board of Supervisors
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.