[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.
F. 
Identify and register nonconforming uses and structures created as a result of the adoption of this chapter or created as a result of any subsequent amendment. Such registration shall be in accordance with § 27-2108 of this chapter.
[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:
(1) 
The owner of record and any other person against whom the Township intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provision of the chapter.
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.
(12) 
Sufficient information to demonstrate to the Zoning Officer and the Township Engineer that adequate erosion and sediment pollution control and stormwater management measures will be taken on the site in accordance with the provisions of Chapter 19, Stormwater Management.
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:
A. 
Existing and proposed use of the building, structure or lot.
B. 
Date of work completion for any erection, alteration or enlargement for which a building permit is required.
C. 
Evidence of receiving special exception or variance grants for the proposed use, if applicable.
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:
A. 
Any man-made change to improved or unimproved real estate in the Flood Hazard District as indicated under Part 13 of this chapter.
[Amended by A.O.]
B. 
Any man-made change to improved or unimproved real estate in the Conservation Slope District as indicated under §§ 27-1405 and 27-1409.
[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.
(2) 
Required fees in accordance with § 27-2312.
(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.
(10) 
Screening. The proposed use will provide for adequate screening in accordance with § 27-1602.
(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.
(14) 
Parking and Loading. The proposed use will provide off-street parking and loading according to §§ 27-1609 and 27-1610.
(15) 
Signage. The proposed use will provide signage in accordance with § 27-2001.
(16) 
Environmental Impact Assessment and Mitigation Report. A satisfactory environmental impact assessment and mitigation report is submitted for any proposed use subject to the provision of § 22-613 of Chapter 22, Subdivision and Land Development.
[Amended by A.O.]
(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.