[Ord. 95-07, 12/14/1995, § 2200]
1.
Conformance. Hereafter, no land shall be used or occupied and no
building or structure shall be erected, altered, used or occupied,
except in conformity with the regulations herein established for the
district in which such land, building or structure is located.
2.
Mixed Use. In cases of mixed occupancy, the regulations for each
permitted use shall apply to that portion of a building or land so
used.
[Ord. 95-07, 12/14/1995, § 2201]
1.
Zoning Officer. A Zoning Officer shall be appointed by the Board
of Supervisors to administer and enforce the provisions of this chapter.
The Zoning Officer shall not hold any elected office in the Township.
The Zoning Officer may be removed for malfeasance, misfeasance or
nonfeasance in office or for other just cause by a majority vote of
the Board of Supervisors.
2.
Duties and Powers of the Zoning Officer. It shall be the duty of
the Zoning Officer to enforce literally the provisions of this chapter
and subsequent amendments. The Zoning Officer shall have such duties
and powers as are assigned to him by this chapter and are reasonably
implied for that purpose. The duties of the Zoning Officer shall include,
but are not limited to, the following:
A.
Receive and examine all applications for permits and signs and issue
permits in conformance with the terms of this chapter.
B.
Record and file all applications for permits with any accompanying
plans and documents. All information shall be matters of public record.
C.
Keep an official record of all business and activities including
complaints of a violation of any of the provisions of this chapter
and of the action taken consequent on each such complaint. Make inspections
as needed to fulfill his duties. (He shall have the right to enter
any building or structure or enter upon any land at any reasonable
hour in the course of his duties.) All such records shall be open
to public inspection. File copies of all applications received, permits
issued, reports and inspections made in connection with any structure,
building, sign and/or land shall be retained as long as they remain
in existence.
D.
Issue permits for special exception uses and variances only after
such uses and/or buildings have been approved by the Zoning Hearing
Board in accordance with the regulations of this chapter.
E.
Maintain the official copy of this chapter and Map up-to-date so
as to include all amendments thereto.
[Ord. 95-07, 12/14/1995, § 2202]
1.
Failure to secure a permit prior to the use or change in use of land,
building or structure, or the erection, enlargement or alteration
of a building or structure or failure to secure a use and occupancy
permit shall be a violation of this chapter.
A.
Notice of Violations. The Zoning Officer shall serve a notice of
violation on any person for violating any provision of this chapter
or in violation of a plan approved under this chapter. Notification
shall be in writing, indicating the nature of the violation and action
necessary to correct same.
B.
Discontinuance. If the notice of violation is not complied within
the time period set forth in the notice, the Zoning Officer shall
order the discontinuance of such unlawful use of land, structure,
building or sign involved in said violation.
[Ord. 95-07, 12/14/1995, § 2203; as amended by
Ord. 2008-04, 11/19/2008, § 1]
1.
Enforcement Penalties.
A.
If it appears to the Township of Franklin that a violation of this
chapter has occurred, it shall initiate enforcement proceedings by
sending an enforcement notice to the violator.
B.
The enforcement notice shall be sent to the owner of record of the
parcel in which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel and to any other person requested in writing by the owner of
record.
C.
The following notice shall state at least the following:
D.
The date before which steps for compliance must be commenced and
the date before which the steps must be completed.
E.
The recipient of the notice has the right to appeal to the Zoning
Hearing Board within the prescribed period of time in accordance with
the procedures set forth herein.
F.
The failure to comply with the notice within the time specified unless
extended by appeal to the Zoning Hearing Board constitutes a violation
of this chapter.
2.
Enforcement Remedies. 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 of
not more than $500 plus all court costs, including reasonable attorney
fees incurred by 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 Magisterial 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 Magisterial 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 the ordinance 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
Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Township.
[Amended by A.O.]
[1]
Editor's Note: Former § 27-2305, Licensing for Building
Construction, adopted 12/14/1995 as § 2204 of Ord. 95-07,
as amended 11/19/2008 by Ord. 2008-04 and 8/19/2009 by Ord. 2009-04,
was repealed by A.O.
[Ord. 95-07, 12/14/1995, § 2205]
1.
Conformity. No permit shall be issued by the Zoning Officer except
in conformity with the regulations of this chapter and subsequent
amendments. Any permits issued on written order of the Zoning Hearing
Board or by a court of competent jurisdiction shall be subject to
any stipulation contained in that order and shall comply with the
remaining applicable provisions of this chapter.
2.
Responsibility. Applications for permits required under this chapter
may be submitted by an owner or a designated representative except
that the responsibility for obtaining any required permit and compliance
with the provisions of this chapter shall rest with the property owner.
3.
Additional Evidence. In all instances in which the Zoning Officer
expresses a reasonable doubt as to the ability of a proposed use or
structure to comply with all applicable provisions of this chapter,
the applicant shall be required to furnish adequate evidence in support
of his application. The permit will be denied if such evidence is
not presented.
4.
Official Application. No application is considered complete and official
until all necessary documents have been filed and all fees have been
paid to the Township.
[Ord. 95-07, 12/14/1995, § 2206; as amended by
Ord. 98-01, 7/9/1998, §§ 1 — 4; by Ord. 2006-04,
9/20/2006, § 3.A; and by Ord. 2013-04, 12/18/2013, §§ 16,
17]
1.
No building, or structure or sign shall be erected, constructed,
moved, added to or structurally altered without a permit issued by
the Zoning Officer. No such permit shall be issued except in conformity
with the provisions of this chapter or upon written order from the
Zoning Hearing Board in the form of a special exception, variance,
or as otherwise provided for by this chapter, any applicable laws
or any court of competent jurisdiction.
A.
Form of Application. All applications shall be made in writing by
the owner and shall be accompanied by two sets of plans showing at
least the following information:
(1)
Actual dimensions and shape of the lot to be built upon and
a statement that the applicant is the owner of the lot or a copy of
a written agreement between the owner and the applicant to permit
use of the lot by the applicant or permit the applicant to erect a
sign or signs.
(2)
Plans, drawn at a suitable scale, showing the exact size and
location on the lot of all existing and/or proposed buildings, structures,
signs and other improvements to include:
(a)
The proposed lowest floor elevation of any proposed building,
based upon National Geodetic Vertical Datum of 1988 (NGVD).
(b)
The elevation of the 100-year flood.
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a 100-year flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(3)
Topographic contour lines at vertical intervals of not more
than two feet, including a final lines and grades plan.
(4)
The number of dwelling units, if applicable.
(5)
Parking spaces and/or loading facilities.
(6)
Statement indicating the existing and proposed uses.
(7)
Height of the structure or sign.
(8)
All other information necessary for such Zoning Officer to determine
conformance with and provide for enforcement of this chapter.
(9)
A detailed scaled drawing of signs showing intended location
and stating how it shall be affixed.
(10)
A statement indicating the type of construction and the manner
of installation for signs, together with the materials to be used.
(11)
A written agreement that the sign shall be erected according
to the accompanying plans and specifications.
B.
One copy of the plans shall be returned to the applicant by the Zoning
Officer after he has marked the plans either as approved or disapproved
and attested to same by his signature on such copy.
C.
One copy of all such plans shall be retained by the Zoning Officer
for his permanent records.
D.
Such approval and building permit shall be issued or refused within
30 days from the date of application. In the case of refusal, the
applicant shall be informed of his rights of appeal. The application
for a permit shall be submitted in such form as the Zoning Officer
may prescribe.
E.
Without need of further recitation on the permit itself, approval
of any building permit is hereby conditioned upon the applicant building
in accordance with the information supplied in the permit application,
as such information is consented to or revised by the Zoning Officer
pursuant to the building permit approval. Such approval is specifically
conditioned upon the applicant complying with all site erosion and
sediment pollution control measures and stormwater management measures
to be taken pursuant to the building permit approval. Approval of
a building permit is further conditioned upon the applicant revising
said site erosion and sediment pollution control measures and stormwater
management measures, should the Zoning Officer deem the originally
approved erosion and sediment pollution control measures and stormwater
management measures to be inadequate and in need of revision.
2.
Expiration of Building Permit. A building permit shall expire after
six months from the date of issuance if work described in any permit
has not begun. If work described in any building permit has begun
within the six-month period, said permit shall expire one year from
the date of issuance thereof. A time extension may be granted by the
Zoning Officer not to exceed six months.
3.
Revocation of Permits. The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based, or for any other cause set forth in this chapter. Revocation of a permit is specifically authorized if the applicant fails to abide by the conditions of approval set forth in Subsection 1E above.
4.
Posting of Permit. A true copy of the permit shall be kept on the
site of operations open to public inspection during the entire time
of prosecution of the work or use and until completion of the same
as defined on the application.
5.
In order to ensure that a building permit is properly issued and
adhered to, the Zoning Officer and Township Engineer may inspect any
property for which a building permit has been issued or applied for
at reasonable times and without need of notice.
[Ord. 95-07, 12/14/1995, § 2207]
1.
Requirements. A use and occupancy permit shall be required prior
to any person using or occupying any building or other structure or
land. A use and occupancy permit shall be required prior to the commencement
of any of the following:
A.
Use and occupancy of any building or other structure erected, altered
or enlarged for which a building permit is required.
B.
Change in use of any building or structure.
C.
Use of land or change in the use, except the placing of vacant land
under cultivation.
D.
Change in use or extension of a nonconforming use.
2.
Application. All applications for use and occupancy permits shall
be made in writing on forms furnished by the Township and shall be
accompanied with the following information:
3.
Issuance. Prior to the issuance of any use and occupancy permit,
the proposed use must be in compliance with the provisions of this
chapter and such compliance is certified by the Zoning Officer. The
Zoning Officer shall inspect the premises in his review.
[Ord. 95-07, 12/14/1995, § 2208]
1.
A zoning permit shall be required prior to commencement of the following:
[Ord. 95-07, 12/14/1995, § 2209]
[Ord. 95-07, 12/14/1995, § 2210]
Sign permits shall be governed by the provisions of § 27-2011.
[Ord. 95-07, 12/14/1995, § 2211]
1.
The Board of Supervisors shall establish, by resolution, a schedule
of fees, charges and expenses and collection procedures for zoning
permits, certificates of occupancy, special exceptions, variances,
appeals and other matters pertaining to this chapter.
2.
The schedule of fees shall be available for inspection in the office
of the Zoning Officer and may be altered or amended by the Board of
Supervisors by resolution.
3.
Until all application fees, charges and expenses have been paid in
full, no action shall be taken on any application or appeal.
[Ord. 95-07, 12/14/1995, § 2212; as amended by
Ord. 2008-04, 11/19/2008, § 1; and by Ord. 2013-04, 12/18/2013,
§§ 18, 19]
1.
The following provisions shall apply to all conditional use applications,
in addition to the provisions of the district in which the proposed
use is located:
A.
Application. An application for a conditional use permit shall be
filed with the Township Secretary. A full application shall include:
(1)
A completed application form.
(3)
A plan prepared by a Pennsylvania registered professional engineer
or surveyor including, but not limited to:
(a)
All information required for sketch plan approval in accordance with Chapter 22, Subdivision and Land Development.
(b)
The size, location, height and use of existing structures and
uses on the lot and within 1,000 feet of the property line.
(c)
All streets any portion of which is located within 1,000 feet
of the subject property shall be identified.
(d)
The size, location, height and use of proposed structures and
uses.
(e)
Proposed traffic circulation improvements including, but not
limited to, site access, roads and parking facilities.
(f)
Proposed vegetative improvements including, but not limited
to, location, dimension and arrangement of all areas devoted to ground
cover, shrubs, trees and screen plantings.
(g)
Proposed water supply and sewage disposal facilities.
(h)
Proposed stormwater management system including, but not limited to, a preliminary written analysis for stormwater management, description of the proposed methods and facilities to control stormwater runoff and stormwater/drainage calculations in accordance with the provisions of Chapter 19, Stormwater Management.
(i)
For any proposed use consisting initially or in the aggregate
of five or more residential dwelling units or lots, or 5,000 square
feet of gross floor area, or more than 10 parking spaces to be devoted
to nonresidential uses, the applicant shall submit a fiscal impact
statement which shall report the results of a study of the fiscal
impact of the proposed development on Franklin Township. The fiscal
statement and supporting study shall be prepared by a qualified professional
and shall project the primary costs that will be incurred by the Township
and the immediate revenues that will be generated to the Township
as a consequence of the proposed development. This study and analysis
shall employ the per-capita multiplier method in the case of proposed
residential development and the case study method in the case of proposed
nonresidential development, as described in the most recent edition
of the "Practitioner's Guide to Fiscal Impact Analysis" published
by the Center for Urban Policy Research. Demographic information by
housing type, average expenditures including budgetary information
and operating costs and estimates of excess of deficient service capacity
and expected local service responses for use in the fiscal impact
analysis shall be obtained from the Township staff. The applicant
shall be responsible for mitigating identified impacts in a manner
acceptable to the Township.
(j)
Other information necessary for the Board of Supervisors to
determine compliance with this chapter and all other pertinent ordinances.
(4)
A narrative report describing the proposed use and improvements
as well as measures which will be taken to mitigate noise, traffic,
lighting and other impacts associated with the development.
B.
Procedure for Review.
[Amended by Ord. 2015-02, 6/17/2015]
(1)
The Township Planning Commission shall review each application
for conditional use and provide comments to the Board of Supervisors.
(2)
The Board of Supervisors shall hold a public hearing on each
conditional use application filed, giving notice as required by law.
The public hearing shall be held within 60 days from the date the
application was filed. If, after any public hearings, the application
is substantially amended or changed, the Board of Supervisors shall
hold another public hearing pursuant to public notice. A decision
on the conditional use application shall occur within 45 days of the
last public hearing.
C.
Effect of Conditional Use Approval.
(1)
Any use for which a conditional use permit is granted shall
be deemed to be a conforming use in the zoning district in which such
use is located, provided the applicable provisions of the zoning district
are adhered to.
(2)
Approval of a conditional use does not constitute an approval
of a subdivision or land development plan.
D.
Standards for Review. The Board of Supervisors shall hear and decide
all requests for the approval of conditional uses permitted within
this chapter in accordance with the following standards. It shall
be the burden of the applicant to demonstrate to the Board of Supervisors
that these standards have been met.
(1)
Public Health, Safety and Welfare. The proposed structure or
use shall not jeopardize the public health, safety and welfare of
Township residents.
(2)
Compliance with Comprehensive Plan, Open Space and Recreation
Plan. The proposed structure or use shall be consistent with the goals
and objectives of the Township Comprehensive Plan and the Township
Open Space and Recreation Plan.
(3)
Compliance with Franklin Township Codes. The size, scope, extent
and character of the proposed use shall be in compliance with the
spirit, purpose, intent and standards of this chapter, and any other
applicable ordinances and codes.
(4)
Neighborhood Compatibility. The proposed use is consistent with
the nature of the land uses on any immediately adjacent lots, and
it will not detract from or cause harm to neighboring lots and will
be maintained in a manner in keeping with the character of the neighborhood.
(5)
Land Suitability. The proposed use is located in an area or
areas for which the use is suited, in terms of topography, soils,
vegetation, hydrology and streetscape context.
(6)
Public Services. The proposed use is consistent with the logical
extension of public services and utilities, such as public water and
public sewer, and will not negatively affect the public services and
utilities of the surrounding properties.
(7)
Design Standards. Proposed construction will be consistent with
good design principles and sound engineering and land development
practices and is in keeping with the character of any existing quality
construction within the neighborhood.
(8)
Natural Resources. The proposed use reflects an environmentally
sensitive approach to land planning and design based on thorough site
analysis and evaluation related to topography, soils, vegetation,
hydrology, visual quality and related site conditions and characteristics.
(9)
Transportation. The proposed use will provide safe and adequate
access to streets and public services (existing or proposed) and will
not result in excessive traffic volumes or congestion, or will make
any improvements needed to guarantee compatibility with adjacent streets
and public services.
(11)
Landscaping. The proposed use, as depicted in plans for subdivision
and/or land development, includes proposals for landscaping, in addition
to that required as stated above, in areas such as the entrance, along
property boundaries, in areas which are highly visible, such as along
streets or sidewalks, and in other places where the use of trees,
shrubs, and ground covers would be functional and appropriate.
(12)
Historic Resources. The proposed use will promote preservation
or adaptive reuse of the sites and structures identified by the Local
Historic District regulations.
(13)
Stormwater Management. The proposed use will be developed using stormwater management techniques, and erosion and sediment pollution control techniques in accordance with the provisions of Chapter 19, Stormwater Management.
(17)
Additional Conditions. In granting a conditional use, the Board
of Supervisors may attach such reasonable conditions and safeguards
in addition to those expressed in this chapter as it may deem necessary
to implement the purposes of this chapter and the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended.
[Ord. 95-07, 12/14/1995, § 2213]
The granting of any permit under this chapter by the Township
Zoning Officer, or the use of land or structures, shall not constitute
a guarantee or warranty of any kind by the Township or any of its
officials or employees as to any manner of injury resulting from such
use, erection, alteration or extension and shall create no liability
upon, or a cause of action against, such public body, officials or
employees for any damages or injury that may result.
