The provisions of this chapter shall be enforced
by a Zoning Officer with the aid of the Police Department and other
municipal agencies. The presently appointed Zoning Officer shall continue
in office until the next succeeding reorganization meeting of the
Board of Supervisors. Thereafter, the Zoning Officer shall be appointed
annually at the reorganization meeting of the Board of Supervisors
and shall serve until the next succeeding reorganization meeting or
until his successor is appointed. He shall receive such compensation
as the governing body shall provide by resolution.
A.
It shall be the duty of the Zoning Officer, and he
shall have power to:
(1)
Keep a record of all plans and applications for permits
and all permits issued with notations as to special conditions attached
thereto. All records shall be open for public inspection.
(2)
Review applications for zoning permits for erections
or alterations of structures or changes of use, determine whether
such construction or use is in accordance with the general requirements
of this chapter, all other applicable ordinances and with the laws
and regulations of the commonwealth. The Zoning Officer shall issue
no permit unless it conforms to all applicable ordinances, statutes
and regulations.
(3)
Conduct inspection and surveys to determine compliance
or noncompliance with the terms of this chapter. In carrying out such
surveys, the Zoning Officer or his representative may enter upon any
land or building.
(4)
Make written orders requiring compliance with the
provisions of this chapter to be served personally or by certified
mail.
(5)
Maintain a map showing the current zoning classification
of all land.
(6)
Participate in all proceedings before the Zoning Hearing
Board presenting facts and information to assist the Board in reaching
a decision which shall be compatible with this chapter.
[Amended 3-14-1977 by Ord. No. 88]
B.
The Zoning Officer shall issue no permit for the construction
or use of any land or building unless it also conforms to the requirements
of all other ordinances of Franconia Township and with the laws of
the Commonwealth of Pennsylvania.
[Amended 10-6-1969 by Ord. No. 59; 4-11-1988 by Ord. No. 145]
A.
No structure shall be constructed, altered, added
to in any way, relocated or demolished, or the use of any structure
changed, or industrial or public water supply wells drilled, nor shall
any unoccupied open areas of any lot be utilized, whether by patios,
swimming pools or parking areas, other than for residences or other
uses, until a zoning permit is secured from the Zoning Officer.
B.
Certificate of occupancy.
(1)
The words and terms used herein shall have the meanings
given to them in the current edition of the BOCA Building Code, unless
defined herein or the context plainly requires another meaning.
[Amended 10-9-1990 by Ord. No. 172; 3-8-1999 by Ord. No. 271]
(2)
Certificate required; inspections.
(a)
No new structure, building or any part thereof
nor any dwelling unit shall be occupied or used until a certificate
of occupancy has been issued by the Building Inspector of the Township.
(b)
The Building Inspector shall, after application
for such certificate by the owner or agent of the owner of the premises
to be occupied has been made on forms provided for such purposes by
the Township, inspect the structure, building or dwelling unit, pursuant
to the following:
[1]
The provision of Section 118.0 of the current
edition of the BOCA Building Code.
[Amended 10-9-1990 by Ord. No. 172; 3-8-1999 by Ord. No. 271]
[2]
All residential units shall be provided with
a minimum of one single-station smoke detector on each floor level.
The detectors shall be installed in accordance with the BOCA National
Building Code. When actuated, the smoke detector shall provide an
audible alarm to warn the occupants within the individual room or
unit.
(3)
The certificate of occupancy shall state the use to which the structure, building or dwelling unit is to be put. No change in the use of any nonresidential structure or building and/or no change in the ownership, tenant or occupant for a nonconforming use of any structure, building or dwelling unit shall be made until a certificate of occupancy has been issued in accordance with Subsection B(2) hereof. It shall be the duty of any person who shall sell or otherwise transfer ownership involving a use change for any nonresidential structure or building or involving any nonconforming use to apply for and obtain the certificate of occupancy required by this section prior to such transfer of ownership and any use or occupancy of such premises; provided, however, that the failure on the part of such seller or transferer to obtain such certificate shall not excuse the purchaser or transferee of such premises from the requirements of this section.
(4)
Any certificate of occupancy issued hereunder may
be revoked in the event that the structure, building or dwelling unit
is determined to be unsafe or uninhabitable or that a condition exists
that is in violation of any ordinances of the Township or that the
actual use is in violation of any ordinances of the Township. In the
event that the certificate of occupancy is issued subject to conditions,
such certificate may be revoked if such conditions remain unsatisfied
within the time limit provided for at the time of issuance of such
conditional certificate.
(5)
The applicant for a certificate of occupancy shall
pay, at the time of application, a fee to the Township in an amount
established by the Board of Supervisors by a fee schedule adopted
by resolution from time to time. Such fee shall be nonrefundable in
the event that the Building Inspector shall refuse to issue a certificate
of occupancy after inspection.
C.
A permit issued under the authority of this chapter
shall expire six months after date of issuance unless the permittee
shall have commenced substantial construction or utilization of the
property which is the subject of the permit in accordance with the
tenor thereof within such period.
D.
Upon completion of the works authorized by any permit,
the applicant for the permit shall notify the Zoning Officer of such
completion. No permit shall be considered as complete or as permanently
effective until the Zoning Officer has noted on the permit that the
work has been inspected and approved as being in conformity with the
provisions of this chapter.
[Amended 10-6-1969 by Ord. No. 59; 3-14-1977 by Ord. No. 88; 4-11-1988 by Ord. No. 145]
A.
All applications for zoning permits shall be made
in writing by the owner or authorized agent and shall be filed with
the Zoning Officer. The application:
(1)
Shall include a statement as to the proposed use of
the structure or land.
(2)
Shall be accompanied by a plan, drawn to scale, showing
the location of the structure in relation to property and road lines.
(3)
Shall include a statement that the side lines of all
roads shown on the plan have been located and staked on the premises
by a surveyor or other person competent to give such locations.
(4)
Shall give the name and address of the person who
has so located and staked the road lines.
B.
If the applicant desires the Zoning Hearing Board
to grant a special exception or variance, then, in addition, the application
shall set forth the nature of the special exception or variance and
shall state briefly the reasons why such special exception or variance
should be granted.
[Amended 10-6-1969 by Ord. No. 59; 4-11-1988 by Ord. No. 145]
Each applicant for any permit required under
this chapter or for any variance from or special exception to this
chapter shall, at the time of making application, pay to the Zoning
Officer for the use of the Township a fee or fees in accordance with
a fee schedule adopted by resolution of the Board of Supervisors,
or as such schedule may be amended from time to time by resolution
of the Board of Supervisors.
An appeal from the decision of the Zoning Officer
shall be taken within 30 days thereof.
