[Amended 2-8-1979 by Ord. No. 491]
[Amended 12-10-1992 by Ord. No. 581]
The Zoning Hearing Board shall consist of five
residents of the Township of Nether Providence appointed by the Board
of Commissioners of the Township of Nether Providence in accordance
with the provisions of the Pennsylvania Municipalities Planning Code,
Act 247 of 1968, P.L. 805, as amended.[1] Members can hold no other office in the municipality and
may not be members of the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
The Board shall elect from its own membership its
officers, who shall serve annual terms as such and may succeed themselves.
B.
For the conduct of any hearing and the taking of any
action, a quorum shall be not less than a majority of all the members
of the Board, but where two members are disqualified to act in a particular
matter, the remaining member or members may act for the Board.
[Amended 12-10-1992 by Ord. No. 581]
C.
The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in § 300-123.
D.
The Board may make, alter and rescind rules and forms
for its procedure, consistent with ordinances of the municipality
and laws of the commonwealth.
E.
The Board shall keep full public records of its business
and shall submit a report of its activities to the Township of Nether
Providence once a year.
Within the limits of funds appropriated by the
Township of Nether Providence, 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 Township
of Nether Providence, but in no case shall it exceed the rate of compensation
authorized to be paid to the members by the Township of Nether Providence.
[Amended 12-10-1992 by Ord. No. 581]
A.
Jurisdiction. The Zoning Hearing Board shall have
exclusive jurisdiction to hear and render final adjudications in the
following matters:
(2)
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption, which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance. Where
the ordinance appealed from is the initial Zoning Ordinance of the
municipality and a Zoning Hearing Board has not been previously established,
the appeal raising procedural questions shall be taken directly to
court.
(3)
Appeals from the determination of the Zoning
Officer, including but not limited to the granting or denial of any
permit or failure to act on the application therefor, the issuance
of any cease-and-desist order or the registration or refusal to register
any nonconforming use, structure or lot.
(4)
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.
(5)
(7)
Appeals from the determination of any officer
or agency charged with the administration of any transfers of development
rights or performance density provisions of the Zoning Ordinance.
(9)
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 insofar as the same relate to development not involving applications under Article V or VII of the Pennsylvania Municipalities Planning Code.[6]
[6]
Editor's Note: See 53 P.S. § 10501
et seq. and 53 P.S. § 10701 et seq., respectively.
B.
Variances.
(1)
The Board shall hear requests for variances
where it is alleged that the provisions of the Zoning Ordinance inflict
unnecessary hardship upon the applicant. The Board may, by rule, prescribe
the form of application and may require preliminary application to
the Zoning Officer. The Board may grant a variance, provided that
all of the following findings are made where relevant in a given case:
(a)
That 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 the Zoning Ordinance in the
neighborhood or district in which the property is located.
(b)
That, 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
that the authorization of a variance is therefore necessary to enable
the reasonable use of the property.
(c)
That such unnecessary hardship has not been
created by the appellant.
(d)
That 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.
(e)
That 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.
C.
Special exceptions.
(1)
Where the governing body, in the Zoning Ordinance,
has stated special exceptions to be granted or denied by the Board
pursuant to express standards and criteria, the Board shall hear and
decide requests for such special exceptions in accordance with such
standards and criteria.
(2)
In granting a special exception, the 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 of the Zoning Ordinance and the Municipalities Planning Code.[8]
[8]
Editor's Note: See 53 P.S. § 10101
et seq.
D.
In determining whether the allowance of a special
exception or a variance is contrary to the public interest, the Board
shall consider whether the application, if granted, will:
(1)
Substantially increase traffic congestion in
the streets.
(2)
Increase the danger of fire or panic or otherwise
endanger the public safety.
(3)
Overcrowd the land or create an undue concentration
of population.
(4)
Impair an adequate supply of light and air to
adjacent property.
(5)
Be consistent with the surrounding zoning and
uses.
(6)
Be consistent with the Comprehensive Plan of
the Township.
(7)
Unduly burden water, sewer, school, park or
other public facilities.
(8)
Otherwise adversely affect the public health,
safety, morals or general welfare.
E.
In each of the foregoing instances of applications
for special exceptions and/or variances, the applicant's burden of
proof shall include the duty of presenting credible evidence sufficient
to persuade the Board that the applicant has satisfied the criteria
of this section. In any case where the Board requests that the applicant
produce evidence relating to the criteria of this section or where
any other party opposing the application shall claim that an allowance
of the application will have any of the effects listed in this section,
the applicant's burden of proof shall include the burden of presenting
credible evidence sufficient to persuade the Board that allowance
of a special exception or variance will not be contrary to the public
interest with respect to the criteria so placed in issue.
[Amended 12-10-1992 by Ord. No. 581]
The Board shall conduct hearings and make decisions
in accordance with provisions of the Pennsylvania Municipalities Planning
Code, especially Section 908 thereof.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
[Amended 6-15-2023 by Ord. No. 850]
Unless otherwise specified by the Board, a special
exception or variance shall expire in the event that the applicant
shall fail to obtain a building permit within 18 months from the date
of authorization thereof by the Board's decision.
