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.
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.
