Franconia Township City Zoning Code
ARTICLE XXII
General Administration 1
§ 145-149 Appointment of Zoning Officer.
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.
§ 145-150 Powers and duties of Zoning Officer.
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.
§ 145-151 Permits required.
[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.
§ 145-152 Application for permits.
[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.
§ 145-153 Fees.
[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.
§ 145-154 Time limit for appeals of decisions of Zoning Officer.
An appeal from the decision of the Zoning Officer shall be taken within 30 days thereof.