(a)

Persons desiring to undertake any new construction, structural or site alteration, or changes in the use of a building or lot shall apply to the zoning officer for a zoning permit by filling out the appropriate application form and by submitting the required fee.

(b)

The zoning officer shall either issue the zoning permit or shall refuse the permit, indicating in writing the reason for refusal. Certain construction, alterations or uses require approval of the zoning hearing board and/or of borough council, and/or the recommendations of the planning commission.

(c)

If refused a permit by the zoning officer, the applicant may appeal to the zoning hearing board for further consideration.

(d)

After the zoning permit has been received by the applicant, he or she may undertake the action permitted by the zoning permit.

(e)

Upon completion of such action, the applicant shall apply to the zoning officer for an occupancy permit (where such a permit is required).

(f)

If the zoning officer finds that the action of the applicant is in accordance with the zoning permit and any other required permits, he or she shall issue an occupancy permit allowing the premises to be occupied.

(g)

This section is for general guidance, and the provisions of the Municipalities Planning Code shall govern.

(Ord. No. 761, § 801)

(a)

Zoning Permit.

(1)

Scope.

(A)

No person shall erect, alter, or convert any structure, building or single-family detached dwelling, nor alter the use of any land or structure, until the zoning officer issues a zoning permit to the person for said change or construction.

(B)

No building shall be approved without approved water and sewage permits, where applicable.

(C)

No zoning permit is required for normal maintenance and repairs.

(2)

Types of Uses.

(A)

Permitted Use. A zoning permit for a permitted use may be issued by the zoning officer.

(B)

Special Exception Use, Variance. A zoning permit for a use requiring a special exception or variance shall be issued by the zoning officer only upon the written order of the zoning hearing board after a hearing following an opportunity for review by the planning commission. An application for a special exception, variance, or for interpretation of any part or provision of this chapter shall be made to the zoning hearing board on forms which may be obtained from the zoning officer.

(C)

Conditional Use. A permit under this chapter for a conditional use shall be issued by the zoning officer only upon the written order of borough council following a review by the planning commission. An application for a conditional use shall be made to borough council on forms which may be obtained from the zoning officer.

(3)

Application.

(A)

All applications for a zoning permit shall be in writing on a form provided by the zoning officer and shall be submitted to the zoning officer.

(B)

All applications for a zoning permit shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land. The zoning officer or the zoning hearing board may require any additional information which he she or it deems necessary to properly evaluate the application for the purpose of determining its conformity with this chapter.

(C)

Prior to the issuance of any zoning permit, the zoning officer shall review the application for such permit to determine if all other necessary governmental permits (such as those required by state and federal laws such as Act 537, the Pennsylvania Sewage Facilities Act, the Water Obstruction Act of 1913, and the Federal Water Pollution Control Act Amendments of 1972. Section 404, 33, U.S.C. 1334) have been obtained. No permit shall be issued until this determination has been made.

(D)

The zoning officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (e.g., planning commission, borough engineer, etc.) for review and comment.

(4)

Issuance.

(A)

The zoning officer shall issue or refuse an application for a zoning permit within fifteen days after the date such application was made, except as specifically provided for in this chapter. The zoning officer shall refuse applications which do not comply with the requirements of this chapter.

(B)

A zoning permit shall be issued in at least triplicate.

(C)

One copy shall be kept conspicuously on the premises. No person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.

(D)

After the issuance of a zoning permit by the zoning officer, no changes of any kind shall be made to the application, permit, plans, specifications, or other documents submitted with the application without the written consent or approval of the zoning officer.

(E)

The zoning officer shall be notified at least twenty-four hours prior to the commencement of work at the site under the zoning permit.

(b)

Occupancy Permit.

(1)

Scope. Prior to the use, occupancy, or re-occupancy of any land structure or building, or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the zoning officer.

(2)

Application. All applications for an occupancy permit shall be in writing on a form furnished by the zoning officer.

(3)

Issuance.

(A)

The zoning officer shall grant or refuse an application for an occupancy permit within five days after being notified of the completion of authorized construction or alteration, or (where no construction or alteration is involved) within five days after receipt of such application.

(B)

A copy of the occupancy permit shall be kept upon the premises, and shall be displayed upon request made by any officer of the borough.

(C)

Other Permits. The borough may require additional permits specified in other related ordinances and laws.

(Ord. No. 761, § 802)

(a)

Appointment.

(1)

The zoning officer shall be appointed by borough council, shall be a resident of the borough and shall not hold any elective borough office. The residency requirement may be waived by borough council.

(2)

The zoning officer or staff shall continue to serve the borough until such time as borough council declares otherwise.

(b)

Duties and Powers.

(1)

The zoning officer:

(A)

Shall administer the zoning ordinance in accordance with its terms;

(B)

May identify and register nonconforming uses and nonconforming structures;

(C)

Shall receive and examine all applications required under the terms of this chapter;

(D)

Shall issue or refuse permits within fifteen days of the receipt of the application, except as specifically provided for in this chapter;

(E)

Shall receive complaints of violation of this chapter;

(F)

Shall issue a written notice of violation to any person violating any provision of this chapter;

(G)

Shall keep records of applications, permits, and certificates issued, of variances granted by the board, of complaints received, of inspections made, of reports rendered, and of notice or orders issued; and

(H)

Shall make all required inspections and perform all other duties as called for in this chapter;

(I)

Shall serve as staff support to the planning commission.

(2)

The zoning officer shall not have the power to permit any construction, use or change of use which does not conform to this chapter.

(3)

The zoning officer may propose rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions. The proposed rules of procedure shall be reviewed and approved by borough council.

(Ord. No. 761, § 803)

(a)

Appointment.

(1)

The zoning hearing board shall consist of three residents of the borough appointed by borough council.

(2)

Board members shall serve terms of three years, so fixed that the term of office of one member shall expire each year.

(3)

Members of the board shall hold no other office in the borough.

(4)

The borough council may appoint a maximum of two alternate zoning hearing board members. The terms of office for alternate members shall be three years. Alternate members shall hold no other public office. Alternates shall be designated to sit on the board in accordance with the procedures described in Article IX of the Pennsylvania Municipalities Planning Code, as amended.

(5)

Board members shall not be compensated for their duties.

(b)

Vacancies.

(1)

The board shall promptly notify borough council of any vacancies which occur.

(2)

Appointments to fill vacancies shall be only for the unexpired portion of a term.

(c)

Removal.

(1)

Any board member may be removed for just cause by a majority vote of borough council, if the member has received fifteen days notice of the intent to take such a vote.

(2)

A hearing shall be held in connection with the vote, if the member so requests it in writing.

(d)

Organization.

(1)

The board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.

(2)

For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all members of the board. However, the board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties involved may waive further action by the board.

(3)

The board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable borough ordinances and laws of the commonwealth.

(4)

The fees for all proceedings, hearings, and actions by the board shall be paid by the applicant.

(e)

Zoning Hearing Board Functions. The zoning hearing board shall have exclusive jurisdiction for hearing and rendering a decision on the following matters in accordance with Article IX of the Pennsylvania Municipalities Planning Code as amended:

(1)

Substantive challenges to the validity of any land use ordinance except curative amendments brought under Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, as amended;

(2)

Procedural challenges to the validity of any land use ordinance, including challenges raising questions of defective enactment;

(3)

Appeals from any determination of a zoning officer;

(4)

Appeals from determinations by a municipal engineer or zoning officer in matters relating to the administration of floodplain or flood hazard ordinances;

(5)

Applications for a variance from a zoning, floodplain or flood hazard ordinance:

(A)

The board shall hear requests for variances filed with the board in writing by any landowner (or any tenant with the permission of such landowner) which allege that the provisions of this chapter inflict unnecessary hardship upon the applicant.

(B)

The board may grant a variance only if the following findings, where relevant, are made:

(i)

There are unique physical circumstances or conditions (including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located,

(ii)

Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance, and a variance is therefore necessary to enable the reasonable use of the property,

(iii)

Such unnecessary hardship has not been created by the appellant,

(iv)

The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare, and

(v)

The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

(6)

Applications for special exception uses pursuant to a zoning, floodplain or flood hazard ordinance;

(A)

The board shall hear and decide requests for all special exceptions filed with the board in writing by any landowner (or any tenant with the permission of such landowner), as provided in this chapter and in accordance with such standards and criteria contained in this chapter.

(B)

The board shall have the authority to require market feasibility, environmental and/or traffic studies to reach a fair decision regarding special exception uses.

(C)

In granting a special exception, the zoning hearing board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes and intent of this chapter.

(7)

Appeals from a zoning officer's determination about compliance with applicable ordinance and map requirements;

(8)

Appeals of determinations by the municipal engineer or zoning officer concerning sedimentation, erosion, control and stormwater management.

(9)

Reasonable Accommodations. After having received a complete written application, the zoning hearing board may grant a variance to specific section(s) of this chapter if the applicant proves to the clear satisfaction of the zoning hearing board that such modifications are necessary to provide a reasonable accommodation under the Americans With Disabilities Act, 42 U.S.C section 12101 et seq., and/or the Federal Fair Housing Act and/or applicable state and federal law, as amended, to serve persons who the applicant proves have disabilities as defined in and protected by such laws.

(f)

Zoning Hearing Board Procedures.

(1)

Hearings. The board shall conduct hearings and make decisions in accordance with section 23-73 of this chapter.

(2)

Records and Reports. The board shall keep full public records of its business and shall submit an annual report of its activities to borough council. (3) Court Appeals.

(A)

In the case of an appeal from the board to the Court of Common Pleas, the board shall make the return required by law, and shall promptly notify the borough solicitor of such appeal and furnish him with a copy of the return including the transcript of testimony.

(B)

Any decision of the board not appealed within thirty days after notice thereof shall be final.

(g)

Applications to the Board.

(1)

All appeals from a decision of the zoning officer and applications to the board shall be in writing on forms prescribed by the board.

(2)

Every appeal or application shall include the following:

(A)

The name and address of the applicant, or appellant;

(B)

The name and address of the owner of the property to be affected by such proposed change or appeal;

(C)

A brief description and location of the property to be affected by such proposed change or appeal;

(D)

A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof;

(E)

A statement of the section of this chapter under which the appeal is made and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal; and

(F)

A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material, and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description.

(h)

Time Limitations and Stay of Proceeding Procedures. The time limitations for raising certain issues and filing certain proceedings with the board and Stay of Proceeding Procedures shall be in accordance with the provisions of Act 247, as amended.

(i)

This section is for general guidance, and the provisions of the Municipalities Planning Code shall govern.

(Ord. No. 761, § 804; Ord. No. 826 (part); Ord. No. 913, § 19, 11-3-2014)

The board shall conduct hearings and make decisions in accordance with the provisions of the Pennsylvania Municipalities Planning Code (Act 247, as amended):

(a)

Notice of Hearings. Public notice shall be given of all hearings of the board.

(1)

Notice to the public shall be published once each week for two successive weeks in a newspaper of general circulation in the borough.

(A)

The first publication shall be not more than thirty days and the second publication shall not be less than seven days from the hearing.

(B)

The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.

(2)

Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

(3)

Notice shall be given to the applicant, the zoning officer, the commission, the borough council, adjoining property owners (including those across the street) and any other person or group (including civic or community organizations) who has made a timely request for such notice, by personally delivering or mailing a copy of the published notice.

(4)

(A)

In any matter which relates to a property which lies within two hundred feet of the boundary of another municipality, the secretary of the board shall transmit to the municipal clerk of this other municipality a copy of the official notice of the public hearing on such matters, not later than one day after publication thereof.

(B)

The other municipality shall have the right to appear and to be heard at the public hearing.

(5)

The borough council may establish reasonable fees, based on cost, to be paid by the applicant for any notice required by this chapter and by persons requesting any notice not required by chapter. Fees to be set by resolution of borough council.

(b)

Parties.

(1)

The parties to the hearing shall be the borough, any person affected by the application who has made timely appearance of record before the board, and any other person including civic or community organizations permitted to appear by the board.

(2)

The board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the board for that purpose.

(c)

Oaths and Subpoenas. The chairperson or acting chairperson of the board presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

(d)

Representation by Counsel. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

(e)

Evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

(1)

Substantive challenges to the validity of any land use ordinance except curative amendments brought under Sections 609.1 and 916.1(a)(2) o the Pennsylvania Municipalities Planning Code, as amended.

(f)

Record.

(1)

The board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings.

(2)

A transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.

(g)

Ex Parte Communications.

(1)

The board shall not communicate, directly or indirectly, with any party or his or her representatives in connection with any issue involved, except upon notice and opportunity for all parties to participate.

(2)

The board shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed.

(3)

After the commencement of hearings, the board shall not inspect the site or its surroundings with any party or his or her representative, unless all parties are given an opportunity to be present.

(h)

Referral to Planning Commission.

(1)

The board may request to the planning commission:

(A)

To review an application for a special exception use; and

(B)

Any other application or appeal which in the opinion of the board requires review by the commission.

(2)

When requested, the commission shall evaluate compliance with the standards and criteria set forth in this chapter.

(3)

When requested, the commission shall report in writing its findings and recommendations to the board within thirty days of their receiving the request for review. A copy of this report shall be sent to the applicant.

(4)

The board and commission shall establish mutually acceptable procedures to assure that the review is accomplished in time to permit the board to make its required decision.

(i)

Decision/Findings.

(1)

The board shall render a written decision or make written findings (when no decision is called for) on the application, within forty-five days after the last hearing before the board or hearing officer.

(2)

Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.

(3)

Any conclusion based on any provision of Act 247, as amended, or of this chapter, or of any other ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.

(j)

Notice of Decision.

(1)

A copy of the final decision or a copy of the findings (when no decision is called for), shall be delivered to the applicant personally or mailed to him or her not later than the day following its date.

(2)

The zoning hearing board shall provide (by mail or otherwise) a brief notice of the decision or findings and a statement of the place where the full decision or findings may be examined to all other persons who have filed their name and addresses with the zoning hearing board not later than the last day of the hearing.

(3)

When a decision has been rendered in favor of the applicant because of the failure of the board to meet or render a decision as described in subsection (i) of this section, the borough shall give public notice of said decision within ten days in the same manner as provided in subsection (a) of this section.

(Ord. No. 761, § 805; Ord. No. 826 (part))

(a)

Article X-A of the Pennsylvania Municipalities Planning Code, as amended, sets forth procedures governing the appeal of a land use decision rendered pursuant to this chapter. These provisions shall be the exclusive mode for securing review of any such decision.

(Ord. No. 761, § 806)

(a)

The borough may, on its own motion or by petition, amend, supplement, change, modify, or repeal the ordinance codified in this chapter.

(b)

Before voting on the enactment of an amendment, borough council shall hold a public hearing thereon, pursuant to public notice. If the proposed amendment involves a map change, notice of public hearing must be posted on the affected property at least one week prior to the hearing.

(c)

In the case of an amendment other than that prepared by the planning commission, such amendment shall be submitted to the planning commission at least thirty days prior to the hearing on such proposed amendment and permit the commission an opportunity to submit recommendations. In the case of an amendment proposed by a landowner, the landowner shall submit the requested amendment, along with the required fee, to the zoning officer. The zoning officer shall then send a copy to the planning commission for review.

(d)

Borough council shall submit the proposed amendment to the county planning commission for recommendations at least thirty days prior to the hearing on such proposed amendment.

(e)

If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, borough council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

(f)

Proposed zoning amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The borough council shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the borough not more than sixty days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the borough solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:

(1)

A copy thereof shall be supplied to a newspaper of general circulation in the borough at the time the public notice is published;

(2)

An attested copy of the proposed ordinance shall be filed in the Chester County Law Library.

(g)

In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the borough council shall, at least ten days prior to enactment, readvertise, in one newspaper of general circulation in the borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

(h)

Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.

(i)

A certified copy of the enacted amendment must be sent to the county planning commission within thirty days of enactment.

(Ord. No. 761, § 807)

(a)

A landowner who desires to challenge, on substantive grounds, the validity of the zoning ordinance or zoning map or any provision thereof, which prohibits or restricts the use or development of land in which he or she has an interest, may submit a curative amendment to borough council with a written request that his or her challenge and proposed amendment be heard and decided as provided in the Pennsylvania Municipalities Planning Code (Act 247, as amended).

(b)

Borough council shall commence a hearing thereon within sixty days of the request unless the landowner requests a consent to an extension of time.

(Ord. No. 761, § 808)

(a)

Borough council has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this chapter. A revised or new fee schedule and collection procedures may be adopted from time to time.

(b)

No application shall be considered filed until all fees are paid.

(Ord. No. 761, § 809)

(a)

Enforcement Remedies. If any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, borough council or its authorized representative and/or the zoning officer shall, in addition to other remedies, institute in the name of the borough any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.

(b)

Enforcement Penalties.

(1)

Any person, partnership or corporation who violates this chapter shall, upon being found liable in a civil enforcement proceeding, pay a fine of not more than five-hundred dollars plus all court costs and attorney fees incurred by the borough.

(2)

Each day that a violation is continued shall constitute a separate offense in accordance with the procedures described in the Pennsylvania Municipalities Planning Code as amended.

(3)

All fines collected for the violation of this chapter shall be paid to the borough.

(Ord. No. 761, § 810)

(a)

Scope. A stop order shall be issued in the following instances:

(1)

If activities regulated by this chapter are undertaken without an effective zoning permit or sign permit being granted without conditions;

(2)

If an activity undertaken under an effective zoning permit or sign permit deviates from the application either during or after completion of the work;

(3)

If a use is conducted in a way which is in violation of the use requirements area and bulk regulations, performance standards;

(4)

If a use requiring a special permit or subject to any supplemental control is not conducted in accordance with those regulations.

(b)

Notice to Owner. A stop order shall be issued by the zoning officer in conformity with the Municipalities Planning Code and delivered to the owner of any property or his or her agent. Delivery shall be constructed to include certified mail or posting on the property.

(Ord. No. 761, § 811)

(a)

Creation of Planning Agencies. The borough council shall have the power to create or abolish, by ordinance, a planning commission or planning department, or both. An ordinance which creates both a planning commission and a planning department shall specify which of the powers and duties conferred on planning agencies by this act; each shall exercise and may confer upon each additional powers, duties and advisory functions not inconsistent with this act. In lieu of a planning commission or planning department, the borough council may elect to assign the powers and duties conferred by this act upon a planning committee comprised of members appointed from the borough council. The engineer for the borough, or an engineer appointed by borough council, shall serve the planning agency as engineering advisory. The solicitor for the borough, or an attorney appointed by borough council, shall serve the planning agency as legal advisor.

(b)

Planning Commission. Such commission shall have not less than three nor more than nine members. All members of the commission shall serve without compensation, but may be reimbursed for necessary and reasonable expenses. However, elected or appointed officers or employees of the municipality shall not, by reason of membership thereon, forfeit the right to exercise the powers, perform the duties or receive the compensations of the municipal offices held by them during such membership.

(c)

Appointment, Term and Vacancy.

(1)

All members of the commission shall be appointed by the appointing authority of the borough. All such appointments shall be approved by the borough council, except where the borough council is the appointing authority.

(2)

The term of each of the members of the commission shall be for four years, or until his or her successor is appointed and qualified, except that the terms of the members first appointed pursuant to this act shall be so fixed that on commissions of eight members or less no more than two shall be reappointed or replaced during any future calendar year, and on commissions of nine members no more than three shall be so reappointed or replaced.

(3)

The chairperson of the planning commission shall promptly notify the appointing authority of the borough 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.

(4)

Should the borough council determine to increase the number of members of an already existing planning commission, the additional members shall be appointed as provided in this section. If borough 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.

(d)

Membership. All of the members of the planning commission shall be residents of the borough. On all planning commissions appointed pursuant to this act, a certain number of the members, designated as citizen members shall not be officers or employees of the borough. On a commission of three members, at least two shall be citizen members. On a commission of four or five members, at least three shall be citizen members. On a commission of either six or seven members, at least five shall be citizen members, and on commissions of either eight or nine members, at least six shall be citizen members.

(e)

Removal. Any member of a planning commission once qualified and appointed may be removed from office for malfeasance, misfeasance or nonfeasance in office, or for lack of attendance at meetings, or for other just cause by a majority vote of borough council taken after the member has received fifteen 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.

(f)

Conduct of Business. The commission shall elect its own chairperson and vice-chairperson 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 borough 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 1st of each year of its activities to borough council. Interim reports may be made as often as may be necessary, or as requested by borough council.

(g)

Powers and Duties of Planning Commission.

(1)

The planning commission shall, at the request of borough council, have the power and shall be required to:

(A)

Prepare the comprehensive plan for the development of the municipality as set forth in this act, and present it for the consideration of borough council;

(B)

Maintain and keep on file records of its action. All records and files of the planning commission shall be in the possession of borough council.

(2)

The planning commission, at the request of borough council, may:

(A)

Make recommendations to borough council concerning the adoption or amendment of an official map;

(B)

Prepare and present to borough council a zoning ordinance, and make recommendations to the borough council on proposed amendments to it as set forth in the Pennsylvania Municipalities Planning Code, as amended;

(C)

Prepare, recommend and administer subdivision and land development and planned residential development regulations, as set forth in the Pennsylvania Municipalities Planning Code;

(D)

Prepare and present to borough council a building code and a housing code and make recommendations concerning proposed amendments thereto;

(E)

Do such other acts or make such studies as may be necessary to fulfill the duties and obligations imposed by the Pennsylvania Municipalities Planning Code;

(F)

Prepare and present to borough council an environmental study;

(G)

Submit to borough council a recommended capital improvements program;

(H)

Prepare and present to borough council 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;

(I)

Promote public interest in, and understanding of, the comprehensive plan and planning;

(J)

Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals;

(K)

Hold public hearings and meetings;

(L)

Present testimony before any board;

(M)

Require from other departments and agencies of the municipality such available information as relates to the work of the planning agency;

(N)

In the performance of its functions, enter upon any land to make examinations and surveys with the consent of the owner;

(O)

Prepare and present to borough council a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the borough;

(P)

Review the zoning ordinance, subdivision and land development ordinance, 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.

(h)

Administrative and Technical Assistance. The appointing authority may employ administrative and technical services to aid in carrying out the provisions of this section either as consultants on particular matters or as regular employees of the borough. A county planning agency, with the consent of its governing body may perform planning services for any municipality whose governing body requests such assistance and may enter into agreements or contracts for such work.

(i)

Assistance. The planning commission may, with the consent of borough council, 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 borough 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 borough.

(Ord. No. 761, § 812)