§ 21.13-1309. Application of Article XIII to Specifically Designated Entities.

 The entities referred to in § §  21.13-1304—21.13-1308, any Zoning Hearing Board, or any other citizens’ group which may be required by state law, are subject to all of the provisions of this Article XIII, except that the citizens’ groups referred to in § §   21.13-1304—21.13-1308 may not be abolished by the Board or modified in any way which would be inconsistent with the provisions of this Article XIII.

   Commentary: : All citizens’ groups, as defined in §  21.13-1301 are subject to the provisions of Article XIII. The purpose of §  21.13-1309 is to make clear that this Article also applies to particular groups mandated by state statutes, and to immunize others from Board change. For example a Zoning Hearing Board is now required by the Municipalities Planning Code. It is not required by this Charter. If the MPC requirement were dropped, the Township would be free to reappraise zoning procedures without any restrictions in this Charter. But so long as a Zoning Hearing Board exists, it is a citizens’ group under this Charter. The MPC specifies only that there shall be three members who shall have three-year terms. But the Charter additionally requires that no more than two members of the Zoning Hearing Board could be of the same political party (except that the terms of those in office when the Charter becomes effective shall continue without interruption).

   Generally, the Board may create, modify or abolish any citizens’ group. It does not have that power as to the groups specifically mandated by the Charter. The transition provision will keep all present citizens’ groups for a time. But it will be the Board which will then decide whether the non-Charter groups continue or not—and it will have to continue a group by specific affirmative direction in an ordinance. See §  21.15-1504.

   This section cited in 346 Pa. Code §  21.13-1302 (relating to appointment and term of office).