Nockamixon Township’s Zoning Hearing Board is
Solicitor – Jordan Yeager
- Marianne Reymann – Chair
- Steven Sears – Vice Chair
- Andrew Schad – Secretary
- Lloyd Traven
- David Wolfinger
This Board exists pursuant to Section 901. General Provisions of Pennsylvania Municipalities Planning Code:
Every municipality which has enacted or enacts a zoning ordinance pursuant to this act or prior enabling laws, shall create a zoning hearing board. As used in this article, unless the context clearly indicates otherwise, the term “board” shall refer to such zoning hearing board.
Section 902. Existing Boards of Adjustment. (902 repealed Dec. 21, 1988, P.L.1329, No.170)
Section 903. Membership of Board.
(a) The membership of the board shall, upon the determination of the governing body, consist of either three or five residents of the municipality appointed by resolution by the governing body. The terms of office of a three member board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five member board shall be five years and shall be so fixed that the term of office of one member of a five member board shall expire each year. If a three member board is changed to a five member board, the members of the existing three member board shall continue in office until their term of office would expire under prior law. The governing body shall appoint two additional members to the board with terms scheduled to expire in accordance with the provisions of this section. The board shall promptly notify the governing body 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 municipality nor shall any member be an employee of the municipality.
The primary purpose of such a board is to help assure fair and equitable application and administration of the zoning ordinance by hearing appeals on the zoning officer’s determinations and by granting relief from the literal enforcement of the ordinance in certain hardship situations. The right to appeal for relief is an important step in insuring that due process is followed when restricting use of private property for a predetermined public good.
Since the board has no legislative power, it can neither make nor modify zoning policy. Neither does the zoning hearing board have enforcement powers. It is a quasi-judicial body; that is, its powers are to some extent judicial in nature. The board schedules hearings on applications and appeals that come before it, takes evidence, and issues written decisions with findings of fact and conclusions f law. A ZHB must limit is scope of activities to those permitted by the Pennsylvania Municipalities Planning Code (MPC) and by the local zoning ordinance.
Read more about the function of Pennsylvania Zoning Hearing Boards.