PHILADELPHIA HOME RULE CHARTER
CHAPTER 6 CITY PLANNING COMMISSION
§4-604. Recommendations to Council.
The City Planning Commission shall make recommendations,
to be transmitted to the Council through the Mayor, on all bills originating in
the Council which shall in any manner affect any zoning ordinance, the Physical
Development Plan of the City, or the capital program, or which would authorize
the acquisition or sale of City real estate. Unless such recommendations are
received by the Council within thirty days from the date any such bill shall
have been introduced, the approval of the Commission shall be
presumed.
ANNOTATION
Sources: No specific source.
Purposes: 1. The recommendations of the City Planning
Commission are required on all legislation originating in the Council which
affects in any manner any subject matter within the jurisdiction of the
Commission so that Council will have an opportunity to be advised of the effect
of such proposed legislation on City development. The Commission with its expert
knowledge and its facilities for appraising all such legislation is thus
required to render technical assistance to the Council to enable the Council to
act in a completely informed manner in this area. To assure the Council of
necessary freedom on action, the Commission is required to furnish its report to
the Council within specified time limits.
2. Council, after it has received the recommendations of the
Commission, or if the Commission fails to act within the required time, remains
free to take such action with respect to the proposed legislation as it deems
fit. See Section 2-307. It is not required that the Commission's action
shall be binding on the Council or that more than a majority vote of the Council
shall be necessary to override the Commission's recommendation because
experience in other cities indicates that such restrictions are not in the best
interests of well-planned city development.
3. While the Charter does not require public hearings before
the Commission on matters upon which the Commission is empowered to act, such
hearings are required to be held whenever any matter within the jurisdiction of
the Commission reaches the legislative stage. See Section 2-201. The Physical
Development Plan is not to be adopted legislatively, but good Commission
procedure and public relations will result in the Commission scheduling hearings
on important aspects of the Plan. The Commission is not precluded from holding
public hearings on other matters within its jurisdiction and here too sound
procedure and good public relations should result in hearings being held on
important questions.
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