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. 
Proceedings of the Zoning Hearing Board shall be governed by the Pennsylvania Municipalities Planning Code, as amended.[1] The Board shall fix its own rules of procedure. The Board of Supervisors shall establish by resolution a schedule of fees for appeals to the Zoning Hearing Board.[2]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: The current fee schedule is on file in the office of the Township Secretary.
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.
(c) 
Refuse and service areas, with particular reference to the items in Subsection B(1) and (2) above.
(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.
D. 
Powers and duties; jurisdiction.
(1) 
Powers and duties of the Board shall be as set forth in the Pennsylvania Municipalities Planning Code[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
(2) 
The Board shall have exclusive jurisdiction to hear and render final adjudications in accordance with the requirements of Article IX of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10901 et seq.
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.