Nottingham Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XX
Planning Commission and Zoning Hearing Board
§ 425-138 Planning Commission.
A.
It is the purpose of this article to cite the responsibilities of the Planning Commission in the administration of designated duties and functions according to the MPC, Act 247, as amended.
B.
Planning Commission administration and procedure.
(1)
Continuance of Commission. There shall be in and for the Township of Nottingham a Planning Commission, as previously created by Township ordinance pursuant to Act 247.
(2)
Appointment, term and vacancy. The Planning Commission of the Township of Nottingham shall consist of five members, all of whom shall be full-time residents of the Township, appointed by the Board of Supervisors in the manner prescribed by Act 247, as amended. The term of each member shall be for four years; not more than two shall expire during any calendar year. The Chairman of the Planning Commission shall promptly notify the Board of Supervisors concerning vacancies in the Planning Commission for any reason, and the Board of Supervisors shall fill the vacancy only for the unexpired term. Such appointments shall be made within a period of 60 days after such vacancy occurs.
(3)
Meetings. The Planning Commission shall meet as required and as deemed necessary.
(4)
Conduct of business. The Planning 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 Planning Commission may make and alter bylaws and rules and regulations to govern its procedures consistent with the ordinances of Township of Nottingham and the laws of the commonwealth.
C.
Planning Commission powers, duties and other functions.
(1)
The Planning Commission shall, at the request of the Board of Supervisors, have the power and shall be required to:
(a)
Prepare the Comprehensive Plan for the development of the Township as set forth in this Act, and present it for the consideration of the Board of Supervisors.
(b)
Maintain and keep on file records of its action. All records and files of the Planning Commission shall be in the possession of the Board of Supervisors.
(2)
The Planning Commission, at the request of the Board of Supervisors, may:
(a)
Make recommendations to the Board of Supervisors concerning the adoption or amendment of the Township Zoning Map.
(b)
Prepare, recommend and present zoning regulations for the consideration of the Board of Supervisors.
(c)
Prepare, recommend and present subdivision and land development and planned residential development regulations for the consideration of the Board of Supervisors.
(d)
Review and present recommendation to the Board of Supervisors on conditional uses applications.
(e)
Promote public interest in, and understanding of, the Comprehensive Plan and planning.
(f)
Hold public meetings.
(g)
Require from other departments or agencies of the Township such available information as relates to the work of the Planning Commission.
(h)
In the performance of its functions, enter upon any land to make examinations and surveys with the consent of the owner.
D.
Planning Commission 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.
§ 425-139 Zoning Hearing Board.
A.
Zoning Hearing Board membership. The membership of the Zoning Hearing Board shall consist of three residents of Township of Nottingham appointed by the Board of Supervisors. Their terms of office shall be three years and shall be so fixed that the term of one member shall expire each year. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office in the Township of Nottingham nor shall any member be an employee of the Township.
B.
Organization of Zoning Hearing Board. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a Hearing Officer from its own membership to conduct any hearings on its behalf and the parties may waive further action by the Board as provided by law. The Board shall adopt rules consistent with this chapter and the laws of the commonwealth. Such rules shall include, but not be limited to, the manner of filing appeals and the manner of filing applications for special exceptions and variances. The Township Secretary or his or her representative shall serve as Secretary to the Zoning Hearing Board.
C.
Removal of Zoning Hearing Board members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors which appointed the member, 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.
D.
Zoning Hearing Board jurisdiction, meetings, hearings and other matters.
(1)
The Board of Supervisors shall appoint a Zoning Hearing Board and the Zoning Hearing Board shall have the following powers:
(a)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter.
(b)
To hear and decide all variances to the terms of this chapter the Zoning Hearing Board is required to act under provisions of this chapter including approval of the expansion, extension or enlargement of nonconforming uses only as provided for in this chapter and/or as otherwise prescribed within the MPC Section 909.1.[1]
[1]
Editor's Note: See 53 P.S. § 10909.1.
(c)
To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter would result in an unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(e)
To hear and decide appeals from a determination by a Municipal Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
(g)
To hear and decide appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management.
(i)
In exercising the above mentioned powers, such Zoning Hearing Board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made. Notice of such decision shall forthwith be given to all parties in interest and shall be filed immediately with the Zoning Officer.
(2)
Zoning Hearing Board meetings. Meetings of the Zoning Hearing Board shall be held at the call of the Chairman and at such other times as the Board may determine as per its rules and procedures. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the permanent records of the Board and shall be a public record.
(3)
Zoning Hearing Board hearings. The Board shall conduct hearings and make decisions in accordance with the requirements and provisions under Section 908, Hearings, MPC.[5] Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer and such other persons who have registered a name and address for this purpose with the Zoning Hearing Board.
[5]
Editor's Note: See 53 P.S. § 10908.
(4)
Zoning Hearing Board expenditure for services. Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors and as per the provisions of the MPC.