The Township Board of Supervisors may appoint
by resolution no more than three residents of the Township to serve
as alternate members of the Board. The term of office of an alternate
shall be three years.
A. If, by reason of absence or disqualification of a
member, a quorum is not reached, the Chairman of the Board shall designate
as many alternate members of the Board to sit on the Board as may
be needed to provide a quorum. An alternate so designated shall be
entitled to participate in all proceedings and discussions of the
Board to the same and full extent as provided by law for Board members,
including specifically the right to cast a vote as a voting member
during the proceedings, and shall have all the powers and duties set
forth in this article and as otherwise provided by law.
B. Any alternate member of the Board shall continue to
serve on the Board in all proceedings involving the matter or case
for which the alternate was initially appointed until the Board has
made a final determination of the matter or case.
C. Alternate members may hold no other office in the
Township.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in accordance with the requirements of Article
IX of the Municipalities Planning Code, as amended.
Challenges and appeals may be filed with the
Board, in writing, by the landowner affected, any officer or agency
of the Township or any person aggrieved. Requests for a variance or
special exception may be filed by any landowner or any tenant with
permission of the landowner. An appeal or application regarding a
matter within the jurisdiction of the Zoning Hearing Board may be
filed with the Zoning Officer on forms provided by the Zoning Hearing
Board and shall state:
A. The name and address of the applicant and of the applicant's
representative(s) or agent(s) where applicable.
B. The name and address of the record owner of the property
that is the subject of the application or appeal. Where the applicant
is not the record owner of the subject property, a signed and notarized
statement from the record owner, authorizing the applicant to pursue
the specific appeal or application.
C. A copy of the deed to the subject property.
D. A brief description and location of the subject property,
along with a survey and/or sketch of the property boundaries.
E. A statement of the present zoning classification of
the subject property with the improvements thereon and the present
use thereof.
F. A statement of the section of this chapter under which
consideration by the Board is requested, along with a summary of reasons
or arguments in support of request.
G. A reasonably accurate description of the improvements
or changes intended to be made under the application. In addition
there shall be attached a plot plan of the property to be affected,
indicating the location and size of the lot, and the size and location
of the existing and proposed improvements or changes.
H. A list of all landowners within 500 feet of the applicant's
land, to be supplied by the applicant, who shall obtain the list at
his or her own cost and expense from the Montgomery County Board of
Assessment Appeals or from Lower Providence Township and other municipalities
when the adjacent land is outside the Township.
I. A payment to the Township in accordance with a fee schedule adopted and amended from time to time by the Township Board of Supervisors, in accordance with the requirements of Article
IX of the Municipalities Planning Code, as amended.
J. A properly completed Lower Providence Township Zoning Hearing Board
application form that is signed and notarized by the applicant and
the property owner.
[Added 10-20-2011 by Ord. No. 602]
The Board shall schedule a public hearing and
shall give public notice, as well as written notice as follows:
A. Written notice shall be given to:
(1) The record owner, applicant and applicant's representative.
(2) All adjacent landowners within 500 feet.
(3) The Township Board of Supervisors, Solicitor, Manager
and Zoning Officer.
(4) All parties in interest who have entered their appearance
and any other person registered for that purpose.
B. Written notice shall be conspicuously posted on the
affected tract of land at least one week prior to the hearing.
In the consideration of an application, the
Board shall:
A. Consider the suitability of the property for the use
desired and assure itself that the proposed change is consistent with
the spirit, purpose and intent of the Zoning Ordinance and Comprehensive
Plan.
B. Determine that the proposed change will not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood and that the use of the adjacent property
is adequately safeguarded.
C. Determine that the proposed change will serve the
best interests of the Township, the convenience of the community (where
applicable) and the public welfare.
D. Consider the effect of the proposed change upon the
logical, efficient and economical extension of public services and
facilities such as public water, sewers, police and fire protection
and public schools.
E. Consider the suitability of the proposed location
of use with respect to probable effects upon highway traffic and assure
adequate access arrangements in order to protect major roads from
undue congestion and hazard.
F. Be guided in its study, review and recommendation
by sound standards of subdivision and land development practice where
applicable.
G. Impose such conditions and safeguards in addition
to those required as are necessary to assure that the intent of this
chapter and the Comprehensive Plan are complied with, which conditions
may include (but are not limited to) harmonious design of buildings,
planting and its maintenance as a sight or sound screen, the minimizing
of noxious, offensive or hazardous elements, and adequate standards
of parking, loading and sanitation.
H. The Zoning Hearing Board shall be limited to consideration
of applications as they relate to ordinance provisions in effect at
the time of the application. The Township Board of Supervisors shall
retain the exclusive right to enact and amend ordinances.
Unless otherwise specified by the Board, a special
exception or variance shall expire if the applicant fails to obtain
any and all permits within six months of the date of authorization
thereof.
Any persons aggrieved by the decision of the
Board may within 30 days thereafter appeal to the Court of Common
Pleas of Montgomery County in accordance with the provisions of Article
X-A of the Municipalities Planning Code, as amended.