Township of Tobyhanna, PA Chapter 32 Planning Commission

[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna 2-15-1993 by Ord. No. 369. Amendments noted where applicable.]

GENERAL REFERENCES

Stormwater management — See Ch. 124.

Subdivision and land development — See Ch. 135.

Zoning — See Ch. 155.

§ 32-1 Statutory authority; creation and reestablishment.

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.

§ 32-2 Membership; terms of office; compensation; vacancies.

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.

§ 32-3 Powers and duties.

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.

(2) Prepare and present to the Board of Supervisors of the Township of Tobyhanna a zoning ordinance and make recommendation to the Board of Supervisors on proposed amendments to it as set forth in the Pennsylvania Municipalities Planning Code.[2]

[2] Editor's Note: See 53 P.S. § 10101 et seq.

(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.

(15) Review Chapter 155, Zoning, Chapter 135, Subdivision and Land Development, the Official Map, provisions for planned residential development and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.

(16) Make recommendations to the Zoning Hearing Board regarding special exceptions pursuant to such procedures as may from time to time be set forth and established in Chapter 155, Zoning.

§ 32-4 Conduct of business.

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.

§ 32-5 Administrative and technical assistance.

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.

§ 32-6 Assistance by county, state, federal or private sources.

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.

§ 32-7 Removal.

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.