Ordinance #328-92 An Ordinance Creating a Planning Commission

An ordinance of Darlington Borough, Beaver County, Pennsylvania, creating a Planning Commission pursuant to the Pennsylvania Municipalities Planning Code and Conferring Powers thereto.

Be it enacted and ordained by the Council of the Borough of Darlington, Beaver County, Pennsylvania, and it is hereby enacted and ordained pursuant to and under the authority of Act No. 247 of 1988, as amended, known as the Pennsylvania Municipalities Planning Code, the following:

Sec. 1.

  1. A planning agency to be known as the Darlington Borough Planning Commission, hereinafter referred to a “Commission” is hereby created.
  • The Commission shall consist of five (5) members.
  • All members of the Commission shall be appointed by the Council of the Borough of Darlington.
  • All members of the Commission shall be residents of the Borough of Darlington, of which at least three shall be citizen members who shall not be, or are not, officers or employees of this Borough.
  • All members of the commission shall serve in such capacity without compensation but may be reimbursed for necessary and reasonable expenses.
  • The term of each member of the commission shall be four (4) years, or until his or her successor is appointed and qualified, except that the terms of the members first appointed are hereby set so that two members shall be appointed for four (4) years, two members shall be appointed for three (3) years and one member shall be appointed for two (2) years, where after their successor appointed shall be appointed for a full (4) year term. If a vacancy shall occur before the expiration of term, the chairman of the Commission shall promptly notify the Council of such vacancy and Council shall appoint and fill such vacancy for the unexpired term.
  • Any member of the Commission once appointed may be removed for cause and in the manner provided in Article II, Section206 of the Pennsylvania Municipalities Planning Code.
  1. The Commission is hereby conferred with the permissive and mandatory powers and duties as set forth in Article II of the Pennsylvania Municipalities Planning Code including but not limited to Sections 207, 209.1and 211 thereof, with the additional power, duty and advisory function to review, advise and make recommendations to the Council on:
  • Subdivision applications submitted to the Council pursuant to subdivision regulations now, heretofore or hereafter adopted by the Council of Darlington Borough.
  • Adoption and enactment of any land development, subdivision and/or zoning ordinances or amendments thereto, by the Council of Darlington Borough pursuant to the terms and authority of the Pennsylvania Municipalities Planning Code or any similar laws, statutes or regulations.

Sec. 2.   The provisions of this Ordinance or severable and if any section, clause, sentence or part shall be illegal, invalid or unconstitutional, the decision of the Court shall not affect or impair any of the remaining sections, clauses, sentences or parts. All ordinances or parts of ordinances inconsistent herewith, but not specifically repealed hereby, are repealed insofar as same are inconsistent with the terms of this ordinance.

Sec. 3.   This Ordinance shall be effective five (5) days after adoption.

Duly enacted and ordained this 4th day of May, 1992.

  1.                                     Benois Ellis, President of Council

Attest:                                                 Virginia Martin, Secretary of Council

Examined and approved by the undersigned this 4th day of May, 1992.

Earl W. Shugars, Mayor

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