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 be
not more than 30 days nor less than 14 days from the date of the hearing.
[Amended 9-20-1982 by Ord. No. 231]
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 § 182-199B 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 three 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.
(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 Chairman 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.
(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,[3] a copy of the decision or findings of the Zoning Hearing
Board shall be mailed or delivered promptly to each of the following:
the Chairman of the Board of Supervisors, the Chairman of the Upper
Providence Township Planning Commission, the Township Manager, the
Township Secretary and the Township Zoning Officer.
[3]
Editor's Note: See 53 P.S. § 10501 et seq.
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.
