A.
The duty of administering
and enforcing the provisions of this chapter is hereby conferred upon
the Zoning Officer, who shall have such powers as are conferred on
him by this chapter and who shall administer this chapter in accordance
with its literal terms. The Zoning Officer shall not have the power
to permit any construction or any use or change of use which does
not conform to this chapter.
B.
Duties. The duties
of the Zoning Officer shall be:
(1)
To examine
all applications for permits.
(2)
To issue
permits only for construction and uses which are in accordance with
the regulations of this chapter and other applicable ordinances as
may be subsequently amended.
(3)
To record
and file all applications for permits with the accompanying plans.
(4)
To issue
permits for uses by special exception only after such uses and buildings
are approved by the Zoning Hearing Board in accordance with the regulations
of this chapter.
(5)
To receive
all required fees and issue all necessary stop orders.
(6)
To inspect
nonconforming uses, buildings and signs and to keep a filed record
of such nonconforming uses and buildings as a public record and to
examine them periodically.
(7)
Upon the
request of the Planning Commission or of the Zoning Hearing Board,
to present to such body the facts, records and any similar information
on specific requests to assist such body in reaching its decision.
Any appeal from a decision or action of the
Zoning Officer shall be made directly to the Zoning Hearing Board.
Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may file a written complaint.
Such complaint stating fully the causes and basis thereof shall be
filed with the Zoning Officer. He shall record promptly such complaint,
immediately investigate and take action thereon as provided by this
chapter.
[Amended 1-15-1990 by Ord. No. 297]
If the Zoning Officer shall find that any of
the provisions of this chapter are being violated, he shall notify,
in writing, the person responsible for such violation, indicating
the nature of the violation and order the action necessary to correct
it. The notice given by the Zoning Officer shall be in accordance
with Section 616.1 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
[Amended 1-15-1990 by Ord. No. 297]
This chapter shall be enforced by the Zoning
Officer. No permit of any kind as provided in this chapter shall be
granted by him for any purpose except in compliance with the provisions
of this chapter or a decision of the Zoning Hearing Board or a court
of competent jurisdiction. The Zoning Officer may institute civil
enforcement proceedings as a means of enforcement, with the approval
of the Board of Supervisors.
[Amended 1-15-1990 by Ord. No. 297]
In case any building, structure, landscaping
or land is or is proposed to be erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this chapter,
the Board of Supervisors or, with the approval of the Board of Supervisors,
the Zoning Officer or any aggrieved owner or tenant of real property
who showed that his property or person will be substantially affected
by the alleged violation, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure, landscaping or land or to prevent
in or about such premises any act, conduct, business or use constituting
a violation. when any such action is instituted by a landowner or
tenant, notice of that action shall be served upon Upper Providence
Township at least 30 days prior to the time the action is begun by
serving a copy of the complaint on the Board of Supervisors of Upper
Providence Township. No such action may be maintained until such notice
has been given.
[Amended 1-15-1990 by Ord. No. 297]
Any person, partnership or corporation who or
which has violated or permitted the violation of the provisions of
this chapter shall be subject to the enforcement remedies set forth
in the Pennsylvania Municipalities Planning Code including, without
limitation, Section 617.2 thereof, as now or hereafter amended.[1]
[1]
Editor's Note: See 53 P.S. § 10617.2.
A zoning permit shall be required prior to the
erection, construction or alteration of any building, structure or
any portion thereof, prior to the moving of a building into the Township
or from one place in the Township to another and prior to the change
or extension of nonconforming use and shall be issued simultaneously
with the required building permits.
Application for permits shall be made in writing
to the Zoning Officer on such forms as may be furnished by the Township.
Such application shall include building and plot plans of a satisfactory
nature, in duplicate, and shall contain all information necessary
for such official to ascertain whether the proposed erection, alteration,
use or change in use complies with the provisions of this chapter.
No permit shall be considered complete or permanently effective until
the Zoning Officer has certified that the work meets all the requirements
of applicable codes and ordinances.
A.
No zoning permit
shall be issued except in conformity with the regulations of this
chapter, and except after written order from the Zoning Hearing Board
or the courts.
B.
In case of refusal,
the applicant shall be informed of his right to appeal to the Zoning
Hearing Board.
C.
D.
Any building
permit or any other permits to which an applicant may be entitled
as a result of a decision of the Zoning Hearing Board shall be applied
for within six months of the date thereof. Failure to do so will render
the decision null and void. Where the parcel(s) that were before the
Zoning Hearing Board for the grant of variances or special exceptions
require land development approval (as set forth in the Pennsylvania
Municipalities Planning Code) prior to the issuance of building permits,
the land development process must be initiated by the filing of a
tentative sketch plan within three months of the grant of relief by
the Zoning Hearing Board, and permits must be applied for within six
months of the grant of final land development approval, or else the
relief granted by the Zoning Hearing Board shall be null and void.
[Amended 8-15-2022 by Ord. No. 595]
No permit for the erection, razing, change,
alteration or removal of buildings shall be valid or effective after
six months from the date of issuance thereof, and it shall thereafter
be void, unless the work authorized by such permit shall have been
substantially commenced within six months from the date of issuance
and proceeded with, with due diligence. If, however, the applicant
has been delayed in proceeding with the work for which the permit
was granted by reason of any reasonable cause not due to his own negligence,
the permit may be renewed without additional cost to the applicant.
A.
Upon completion of the erection or alteration of any building or portion thereof authorized by any permit and prior to occupancy or use and prior to any change in occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion or change. No building may be used or occupied until a certificate of use and occupancy has been issued, except as provided for in Subsection B below.
[Amended 2-21-1978 by Ord. No. 197; 9-20-1982 by Ord. No.
231]
B.
In commercial
and industrial zoning districts, at such time as performance standards
are imposed, no certificate of occupancy shall become permanent until
30 days after the facility is fully operating, when upon a reinspection
by the Zoning Officer it is determined that the facility is in compliance
with all performance standards.
A temporary permit may be authorized by the
Zoning Hearing Board as a special exception for a nonconforming structure
or use which it deems beneficial to promote the proper development
of the community, provided that such nonconforming structure or use
shall be completely removed upon expiration of the permit without
cost to the Township. Such a permit shall be issued for a specified
period of time not exceeding six calendar months and may be renewed
for an aggregate period of not more than two years.
A.
All applications
for variances and special exceptions shall be made in writing on forms
furnished by the Township Secretary.
B.
Special exceptions
shall not be granted by the Zoning Hearing Board unless the applicant
therefor shall establish:
(1)
That the
granting of the special exception will not adversely affect the public
interest.
(2)
That the
proposed structure or development complies with the letter and intent
of this chapter.
(3)
That the
public health, safety and welfare have been protected in the following
respects, where applicable:
(a)
Ingress
and egress to and from property and proposed structures thereon, with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or catastrophe.
(b)
Off-street parking and loading areas, where required, with particular attention to the items in Subsection B(1) above with the noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district.
(d)
Utilities,
with reference to locations, availability and compatibility.
(e)
Screening
and buffering, with reference to type, dimensions and character.
(f)
Signs,
if any, and proposed exterior lighting with reference to glare, traffic
safety and compatibility and harmony with properties in the district.
(g)
Required
yards and other open spaces.
(h)
The general
compatibility with adjacent properties and other property in the district.
C.
To the extent
permitted by law, all burdens of proof, persuasion and going forward
with evidence shall be upon the landowner in connection with any variance
or special exception. In allowing a variance or special exception,
the Zoning Hearing Board may attach such reasonable conditions and
safeguards in addition to those expressed in the chapter, as it may
deem necessary to implement the purposes of the Pennsylvania Municipalities
Planning Code and this chapter.
[Added 1-15-1990 by Ord. No. 297]
[Amended 6-9-1980 by Ord. No. 216; 6-2–2008 by Ord. No. 490]
The Board of Supervisors may from time to time amend, modify or repeal this chapter, including the Zoning Map, as follows:
A.
Requests for
zoning changes shall be considered at the discretion of the Board
of Supervisors.
B.
Applicants for
rezoning shall petition the Board of Supervisors by letter on or before
the fifth day of the month preceding the month in which the hearing
shall be held.
C.
Applications
shall be accompanied by payment as a deposit against advertising,
stenographic, legal, engineering and other expenses connected with
the application. The Board shall bill or credit applicants when total
expenses are determined after the hearing.
D.
Applications
shall be accompanied by development plans for the area proposed to
be rezoned, including layout, elevations and architectural sketches,
along with a study of the impact on the Township to be expected from
the development.
E.
All applications
shall be reviewed by the Planning Commission, and its recommendations
shall be forwarded to the Board of Supervisors before the 20th day
of the month preceding the month in which the hearing will be held.
Notice of rezoning hearings shall be given as
follows:
A.
By publishing
a notice thereof once each week for two successive weeks in a newspaper
of general circulation in the Township. Such notice shall state the
time and place of the hearing and the particular nature of the matter
to be considered at the hearing and that full opportunity will be
given to any citizen and all parties in interest attending such hearing.
The first publication shall not be more than 30 days and the second
publication shall not be less than seven days from the date of the
hearing.
[Amended 9-20-1982 by Ord. No. 231; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Whenever a proposed
amendment affects a particular property, there shall be posted upon
such property or premises at such places as the Township Secretary
shall direct notice of the said amendment and the date on which it
will be heard.
The Board of Supervisors shall refer all requests
for Zoning Ordinance amendments to both the Upper Providence Township
Planning Commission and the Montgomery County Planning Commission
for review and recommendations at least 30 days prior to the public
hearing on the proposed amendment. The respective planning commissions
shall consider whether the proposed amendment(s) would be consistent
with the intent of the Upper Providence Comprehensive Plan and the
Montgomery County Preliminary Land Use Plan, as well as general planning
principles.
The Board of Supervisors shall determine a schedule
of fees, charges and expenses, as well as a collection procedure for
special permits, variances, amendments and other matters pertaining
to this chapter, by resolution. Said schedule of fees shall be posted
in the offices of the Zoning Officer and the Township Secretary.
[Amended 6-26-1978 by Ord. No. 204]
An application for any condition use as specified
in the various districts of this chapter shall be considered by the
Board of Supervisors according to the following procedure:
A.
Conditional use
application. An application shall be submitted, in writing, to the
Township Manager. Such applications shall include, as a minimum, a
tentative sketch plan indicating basically how the applicant intends
to develop the property and sufficient data to document compliance
with the applicable standards of this chapter. The Board of Supervisors
shall schedule a public hearing on said application within 60 days,
unless this time limit is waived by the applicant.
B.
Public hearing.
Prior to deciding to approve or deny the use of a tract for the proposed
use, the Board of Supervisors shall hold a public hearing thereon,
pursuant to public notice. At least 45 days prior to the date of the
hearing, one copy of the development proposal and all additional submitted
information shall be transmitted to the Township Planning Agency and
one to the Montgomery County Planning Commission, together with a
request that these agencies submit recommendations regarding said
use.
C.
To the extent permitted by law, all burdens of proof, persuasion and going forward with the evidence shall be upon the landowner in connection with any conditional use application before the Board of Supervisors. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter. In addition, any conditional use application shall be subject to the provisions of § 300-55B applicable to special exceptions.
[Amended 1-15-1990 by Ord. No. 297]
[Added 8-1-2011 by Ord. No. 517]
A.
Establishment of Zoning Hearing
Board, membership, terms and removal.
(1)
For purposes of this section,
references to "the Board" shall refer to the Zoning Hearing Board.
(2)
There shall be a Zoning Hearing
Board which shall consist of five residents of Upper Providence Township
who shall be appointed by resolution of the Board of Supervisors of
Upper Providence Township. In addition to the five member appointments,
the Board shall consist also of two alternate members who shall also
be appointed by the Board of Supervisors of Upper Providence Township.
(3)
The terms of office shall
be five years for Board members and three years for alternates and
shall be so fixed that a member term shall expire each year. Members
may succeed themselves. The Board shall promptly notify the Board
of Supervisors whenever any vacancies occur, and the Board of Supervisors
shall thereupon appoint a resident of the Township to serve for the
unexpired portion of the term. Members of the Board and alternates
shall hold no other office in the Township, and no member of the Board
or alternate may also be a member of the Planning Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
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, taken after
the member has received 15 days' advanced 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.
B.
Organization of Zoning Hearing
Board.
(1)
The Board shall elect from
its own membership its officers, who shall serve annual terms as such
and may succeed themselves.
(2)
When by reason of absence
or disqualification one or more members is unavailable for a hearing,
the Chairperson of the Board shall designate one or both alternate
members of the Board to sit on the Board as may be needed to provide
a quorum. 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. Designation of an alternate pursuant
to this section shall be made on a case-by-case basis in rotation
according to declining seniority among all alternates.
(3)
For the conduct of any hearing
and the taking of any action, a quorum shall be no less than three
voting members, but the Board may appoint from its own membership
a hearing officer to conduct any hearing on its behalf, and the parties
may waive further action by the Board.
(4)
The Board may make, alter
and rescind rules and forms for its procedure, consistent with ordinances
of the Township and laws of the Commonwealth.
(5)
The Board shall keep public
records of its business, which records shall be property of the Township,
and shall submit reports of its activities to the Township as requested
by the Board of Supervisors.
C.
Expenditure for services.
(1)
Within the limits of funds
appropriated by the Board of Supervisors, the Board may employ or
contract for secretaries, clerks, legal council, consultants, and
other technical and clerical services.
(2)
Members of the Board shall
receive such compensation as may be fixed by the Board of Supervisors
for the performance of their duties as members of the Zoning Hearing
Board. Alternate members of the Board may receive compensation as
may be fixed by the Board of Supervisors for the performance of their
duties. Both with respect to members and alternate members, the compensation
paid to members or alternate members shall not exceed the rate of
compensation authorized to be paid to members of the Board of Supervisors.
E.
Hearings; notice of hearing.
(1)
The Board shall conduct hearings
and render decisions as set forth by the Pennsylvania Municipalities
Planning Code. All hearings shall be open to the public.
(2)
Upon the filing with the
Board of an appeal or of an application for any matter within its
jurisdiction, the Board shall fix a reasonable time and place for
a public hearing thereon.
(3)
Notices herein required shall
state the location of the building or lot and the general nature of
the question involved.
(4)
In addition to all notices
required by the Pennsylvania Municipalities Planning Code, notices
shall be sent by the Township to the owner of every parcel within
500 feet of the parcel that is the subject of the hearing, measured
from the point at which the two lots are the closest to one another
in linear feet. Notice will be by first-class mail only to the owner
address on record with the Montgomery County Board of Assessment Appeals.
[Added 8-15-2022 by Ord. No. 595]
F.
Burden of proof. The burden of
proof shall always be on the applicant before the Board to sustain
his appeal before the Board, and in any application for a special
exception, the burden shall be upon the applicant to prove that approval
of the application will not be detrimental to the health, safety and
general welfare of the community.
G.
Parties. The Township is a party
to all zoning hearings regardless whether it attends any particular
hearing. Party status to all other persons and entities shall be decided
by the Board prior to the receipt of any substantive testimony, and
shall be based upon whether they are "persons affected" by the application
as defined in the Pennsylvania Municipalities Planning Code. Persons
who received written notice from the Township of the hearing are presumptively
affected. Others shall be decided on a case by case basis in accordance
with then-prevailing case law.
[Amended 8-15-2022 by Ord. No. 595]
H.
Evidence. The Board shall consider
in making its official findings or decisions only that evidence properly
submitted at hearings, with the exception of legal briefs, provided
that all parties are given an equal opportunity to submit legal briefs
and any responses thereto, but the allowance of the submission of
such legal briefs and responses thereto shall be entirely within the
discretion of the Board. Information from federal, state or county
agencies when submitted on official stationery shall be admitted as
evidence only at public hearings, and the Board, in its sole discretion,
shall determine the weight to be given to such evidence. Information
from the Upper Providence Township Planning Commission or from any
other Township agency, board, commission or committee shall be submitted
to the Board only at public hearings as authorized by the Board of
Supervisors or the Township Manager, but this shall not prevent any
member of an official agency, board, commission or committee of Upper
Providence Township from appearing and being heard as a private citizen.
I.
Decisions and copies of decisions
and findings.
(1)
The Board shall render a
written decision or, when no decision is called for, make written
findings on the application within 45 days after the last hearing
before the Board. Where the application is contested or denied, each
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons therefor. Conclusions based
on any provisions of the Pennsylvania Municipalities Planning Code,
other statutes or of any ordinance, rule or regulation shall contain
a reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in light of the facts found.
(2)
Where the Board has power to render a decision and the Board fails to render the same within the period required by this Subsection I, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on record, to an extension of time.
(3)
In addition to the requirements
of the Pennsylvania Municipalities Planning Code and its amendments,
a copy of the decision or findings of the Zoning Hearing Board shall
be mailed or delivered promptly to each of the following: the Chairperson
of the Board of Supervisors, the Chairperson of the Upper Providence
Township Planning Commission, the Township Manager, the Township Secretary
and the Township Zoning Officer.
J.
Fees. The fees for applications
to the Zoning Hearing Board, for cost of stenographic record of the
same, and for subpoenas, shall be in accordance with a schedule adopted
by resolution of the Board of Supervisors.
K.
Appeals. Appeals from the decisions
of the Zoning Hearing Board shall be in accordance with the rules
of procedure of the Zoning Hearing Board and the Pennsylvania Municipalities
Planning Code and its amendments.
