A.
Zoning permits:
(1)
When required. A zoning permit, which must be obtained from the Zoning
Officer, shall be required for the erection, enlargement, alteration
or moving of any structure (except temporary signs and except for
fences) costing in excess of $1,000.
(2)
Duration of permit. Work authorized by the permit shall begin within
a period of 90 calendar days and shall be completed within a period
of two calendar years from the date of issuance of the zoning permit
or the permit shall expire. However, in the case of large or extensive
projects, the applicant may specify the estimated project completion
date, and upon concurrence of the Zoning Officer, the permit shall
expire on that date, or the Zoning Officer may extend the time for
completion to a period not exceeding three years from the date of
issuance, provided the work authorized by the permit has commenced
within the initial ninety-day period.
(3)
Application. The permit application must be accompanied by a site
plan showing as necessary to demonstrate conformity to this chapter:
(a)
Lot. The location and dimensions of the lot.
(b)
Streets. Names and widths of abutting streets and highways.
(c)
Structures and yards. Locations, dimensions, and uses of existing
and proposed structures and yards on the lot and, as practical, of
any existing structures within 100 feet of the proposed structure
but off the lot.
(d)
Improvements. Proposed off-street parking and loading areas,
access drives and walks. Proposed sewage disposal system.
(e)
A copy of the workers compensation insurance policy shall be
furnished to the Zoning Officer by any contractor.
(4)
For lots less than 1/2 acre, the site plan must be at the scale of
one inch equals 20 feet; for larger lots, the site plan must be at
scale of one inch equals 40 feet. The north point must be shown on
all site plans.
B.
Certificates of use and occupancy:
(1)
When required. A certificate of use and occupancy, certifying compliance
with this chapter, must be obtained from the Zoning Office for any
new building or structure as set forth below or for any change of
use of a building, structure or land as set forth below before such
new building, structure or use or change of use is occupied or established:
(a)
Use of a building or structure erected, structurally altered
or extended, or moved after effective date of this chapter.
(b)
Use of vacant land, except for agricultural purposes.
(c)
Any change in a conforming use of a building, structure or land.
(d)
Any change from a nonconforming use of a building, structure
or land to a conforming use.
(e)
Any change in the use of a building, structure or land from
that permitted by any variance of the Zoning Hearing Board.
(2)
Application. An application for a certificate of use and occupancy
must include a statement of the intended use and any existing use
of the building, structure or land.
(3)
Duration of permit. The certificate continues in effect as long as
the use of the building, structure or land for which it is granted
conforms with this chapter.
A.
Appointment and powers. For the administration of this chapter, a
Zoning Officer, who may also be the Code Enforcement Officer, who
may not hold any elective office in the Township, shall be appointed
by the Board of Supervisors. The Zoning Officer shall meet qualifications
established by the Township and shall be able to demonstrate to the
satisfaction of the Township a working knowledge of municipal zoning.
The Zoning Officer shall administer this chapter in accordance with
its literal terms, and shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
The Zoning Officer is the enforcement officer for this chapter. He
issues all zoning permits, certificates of use and occupancy, and
at direction of the Zoning Hearing Board, special exceptions and variances.
The Zoning Officer may identify and register nonconforming uses and
nonconforming structures together with the reasons why they were identified
as nonconformities. The Zoning Officer may conduct inspections and
surveys to determine compliance or noncompliance with the terms of
this chapter with consent of the owner.
B.
Forms. The Zoning Officer shall provide forms to any person or entity
seeking or pursuing the following:
C.
Transmittal of papers. Upon receipt of an application for a special
exception, variance or a notice of appeal, the Zoning Officer must
transmit to the Secretary of the Zoning Hearing Board and to the Township
Planning Commission copies of all papers constituting the record upon
the special exception, variance, or appeal.
D.
Action on permits. The Zoning Officer shall either approve or disapprove
an application for a zoning permit or a sign permit within 90 days
after a complete application is filed and after the appropriate fee
or fees have been paid. Should the Zoning Officer determine that the
application is incomplete or that it cannot be approved, he shall
issue such disapproval or statement of incompleteness within the ninety-day
period, containing a brief explanation setting forth the reasons for
the disapproval or lack of completeness.
E.
Revoking permits/approvals. The Zoning Officer shall revoke a permit
or approval issued under the provisions of this chapter in the case
of any false statement or misrepresentation of a fact in an application
or on the plans on which the permit or approval was based. Any permit
issued in error shall in no case be construed as waiving any provision
of this chapter and such permit may be revoked.
F.
Civil enforcement proceeding. Upon determining that a violation of
any of the provisions of this chapter exists, the Zoning Officer may
initiate civil enforcement proceedings in accordance with law.
G.
Records.
(1)
The Zoning Office must keep record of:
(a)
All applications for permits, certificates of use and occupancy,
special exception and variances, and all actions taken on them, together
with any conditions imposed by the Zoning Hearing Board.
(b)
All complaints of violations of provisions of this chapter and
the action taken on them.
(c)
All plans submitted.
(d)
Nonconforming uses and nonconforming buildings and structures.
(2)
All such records and plans shall be available for public inspection.
I.
Other actions. Nothing herein contained shall restrict, nor shall
in any manner be construed to restrict, Franklin Township from instituting
any appropriate action or proceeding, in equity or at law, or otherwise,
to prevent, restrain, correct or abate, or seek damages, costs, fees
and expenses for the same, for any violation of this chapter.
This chapter may be amended as provided by and in accordance
with the law of the Commonwealth of Pennsylvania.
The Board of Supervisors shall by resolution establish fees
for all applications, permits, or appeals provided for by this chapter
to defray the costs of advertising; mailing notices; and processing,
inspecting and copying applications, permits, and use certificates.
The fee schedule shall be available at the Township Building for inspection.
Any person aggrieved or affected by provision of this chapter
or decision of the Zoning Officer, Township Engineer, Zoning Hearing
Board or Board of Supervisors may appeal in the manner set forth in
either Article IX or X-A of the Pennsylvania Municipalities Planning
Code, as reenacted and amended, whichever is applicable.
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance
or regulations, the provisions of this chapter shall prevail. When
provisions of any statute, other ordinance or regulation impose greater
restrictions than those of this chapter, the provisions of such statute,
ordinance or regulation shall prevail.
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 approval of the Board of Supervisors, an officer of the Township,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to any other remedies or proceedings, 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 the Board of Supervisors
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Township. No such action may be maintained
until such notice has been given.
[Amended 6-2-2022 by Ord. No. 2022-01]
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment for all costs of enforcement,
plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by the District Judge. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the District Judge determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating this chapter to have believed that there
was no such violation, in which event there shall be deemed to have
been only one such violation until the fifth day following the date
of the determination of a violation by the District Judge and thereafter
each day that a violation continues shall constitute a separate violation.
All judgments, costs of enforcement, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Township.
