North Franklin Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XVI
Administration and Enforcement
§ 460-1600 Intent.
It is the intent of this article to describe the procedures for administration, enforcement and amendment of this chapter; the duties and responsibilities of the Zoning Officer; and the duties and responsibilities of the North Franklin Township Planning Commission in the administration of this chapter.
§ 460-1601 Zoning Officer.
A.
The Township Supervisors shall appoint the Zoning Officer who shall hold no elective office in the Township and who shall have all the powers and duties conferred on him/her by this chapter and the Pennsylvania Municipalities Planning Code. The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate, to the satisfaction of the Township, a working knowledge of municipal zoning.
B.
The Zoning Officer shall be empowered to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment.
C.
The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or use or any change of use which does not conform to this chapter. The Zoning Officer's duties shall include the following:
(1)
Receipt of applications for zoning certificates. The Zoning Officer shall receive applications for zoning certificates filed prior to the establishment of any use, or change of use, or start of construction or land development by a developer, and which describes the proposed activity in sufficient detail to determine whether or not it meets the requirements of this chapter and other applicable Township ordinances. Any application for a zoning certificate which requires approval of a conditional use or granting of a variance shall be forwarded by the Zoning Officer to the appropriate decisionmaking body prior to taking action on the application for a zoning certificate.
(2)
Issuance of permits. It shall be unlawful to use or change the use of any structure or lot, or erect, structurally alter, or enlarge any structure without first obtaining a zoning certificate or certificate of occupancy.
(a)
Zoning certificate. It shall be unlawful to structurally alter, enlarge, move, remove or construct any structure without first obtaining a zoning certificate. All applications shall be submitted in accordance with § 460-1605. The Zoning Officer shall review all applications for compliance with applicable ordinances and shall issue a zoning certificate or deny the issuance of the zoning certificate. When the certificate is denied, a written decision which contains references to the requirements of this chapter which have not been met must be delivered within 90 days of receipt of the application.
(b)
Permit for temporary structure. The only temporary structures authorized by this chapter are those which are directly related to construction authorized under a valid zoning certificate, including and limited to construction trailers and sales offices for lots, dwelling units, or land developments approved under this chapter. Permits for temporary structures related to construction work authorized under a valid zoning certificate may be issued by the Zoning Officer only for the time that construction work is in progress and for a period not to exceed six months. The permit may be renewed for an additional six-month period upon demonstration of continued need for the temporary structure; however, all temporary structures shall be removed within 30 days upon the completion of construction.
(c)
Certificate of use and occupancy. It shall be unlawful to use or occupy any structure or lot without a certificate of use and occupancy. Upon completion of construction, reconstruction, alteration, or movement of any structure, the holder of the zoning certificate shall notify the Zoning Officer that the work has been completed and the structure is ready to be used or occupied.
[1]
In all C, Commercial, PED, and I-Industrial Districts, any change in occupancy or use of any structure or lot shall require the issuance of a new certificate of use and occupancy, whether or not there is any construction, reconstruction, alteration or movement of a structure. Prior to occupying the building or structure in which the change of use or occupancy is established, the landowner or lessee shall be required to make an application for a certificate of use and occupancy.
[2]
Upon inspection and a determination that all applicable ordinance regulations and any conditions attached to the issuance of any permits have been met, the Zoning Officer shall issue a certificate of use and occupancy.
(3)
Expiration of permits. If, after approval of a conditional use, an application for a zoning certificate to undertake work described in that application has not been submitted within 12 months of the date of granting of approval by the Township, approval of the conditional use shall expire automatically without written notice to the applicant, unless the Supervisors extend the approval upon written request by the applicant prior to its expiration.
(a)
No zoning certificate for the erection, demolition, alteration or removal of buildings or structures shall be valid after six months from the date of issuance thereof, unless the work authorized by such zoning certificate shall have been substantially commenced within six months from the date of issuance and has proceeded with due diligence; if, however, the applicant has been delayed in proceeding with the work for which the zoning certificate was granted by virtue of any reasonable cause and not due to his own negligence, the zoning certificate may be renewed without additional cost to the applicant.
(b)
If, after commencement of construction, the work is discontinued for a period of three months without reasonable cause outside the applicant's or contractor's control, such zoning certificate shall be void and work may not be commenced until a new zoning certificate shall have been issued.
(c)
A zoning certificate for work which is diligently pursued and is not discontinued shall be valid for one year and may be renewed for an additional one-year period without an additional fee, provided the work authorized by the Certificate is diligently pursued and substantially completed within the two years.
(4)
Revocation of certificates. A zoning certificate or certificate of use and occupancy for any structure or use shall be revoked and withdrawn by the Zoning Officer if the holder of such certificate has failed to comply with the requirements of this chapter, or with any conditions attached to the issuance of the certificate. Upon revocation of the certificate, the holder may also be subject to the penalties for violation specified in § 460-1603 of this chapter.
(5)
Inspections. The Zoning Officer or his duly authorized representative may examine, or cause to be examined, all structures and/or land for which a zoning certificate or a certificate of use and occupancy has been applied for or issued. Such inspections may be made from time to time during construction or preparation for occupancy and shall be made upon the termination of construction, if any, and prior to the issuance of a certificate of use and occupancy.
(6)
Registration of nonconforming uses, structures and lots. The Zoning Officer shall prepare and keep up to date a register of all nonconforming uses, structures and lots. A register of nonconforming uses, structures and lots shall be maintained as the nonconforming structures and lots become known through the application review process and shall indicate the reasons why they have been identified as nonconformities.
(7)
Maintenance of records. The Zoning Officer shall maintain a permanent file as a public record of all zoning certificates and certificates of use and occupancy issued. The Township Secretary shall maintain a file of all applications for conditional use approval and all applications and appeals to the Zoning Hearing Board.
§ 460-1602 Responsibilities of the applicant.
It shall be the responsibility of the applicant to apply for and secure all certificates required by this chapter. The applicant shall be obligated to contact the Zoning Officer and secure a certificate of use and occupancy after the completion of construction or land development and/or prior to the occupancy of any structure or lot. Failure to secure necessary certificates or failure to apply for same in a timely fashion shall constitute a violation of this chapter and shall be subject to the penalties for violation specified in § 460-1603 of this chapter.
§ 460-1603 Enforcement.
A.
Violations. Failure to comply with any provision of this chapter, or to secure a zoning certificate, prior to the erection, construction, extension, alteration, or addition to a building, or failure to secure a certificate of use and occupancy for the use or change of use or occupancy of structures or land, shall be a violation of this chapter.
B.
Enforcement notice. To give an order to discontinue, correct or abate any violation of this chapter, the Zoning Officer shall issue an enforcement notice. The enforcement notice shall contain the following information:
(1)
The name of 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 provisions of this chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
C.
Enforcement remedies.
(1)
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 the Township as a result thereof. No judgment shall commence or be imposed, levied or be 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 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 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.
(2)
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
D.
Other remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the Township Supervisors or, with the approval of the Township Supervisors, the Zoning Officer or other proper official, 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 other remedies, may institute in the name of the Township any appropriate action or proceedings to prevent, restrain, correct or abate such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.
§ 460-1604 The Planning Commission.
B.
Rules. The Planning Commission shall adopt rules of procedure necessary for the purpose of administering this chapter.
C.
Meetings. The Planning Commission shall meet monthly on a regularly prescribed date and at a regularly prescribed meeting place and at other times as the Chairman or Secretary may deem necessary. All meetings of the Palming Commission shall be open to the public. The Secretary of the Planning Commission shall keep minutes of all meetings.
D.
Decisions. Within 30 days, or such other time as may be specified herein, after any hearing or other public meeting at which decisions are required by this chapter, the Planning Commission shall record its review and recommendations in writing. A copy of this record shall be provided to the applicant, the Township Zoning Officer, the Zoning Hearing Board, and the Township Secretary.
E.
Limitations. The Planning Commission shall function as an advisory body only and shall be restricted in its duties to applying the conditions, requirements, restrictions and standards imposed by the various articles of this chapter in keeping with its overall intent.
F.
Appeals. Any applicant or affected persons may, within 30 days of a decision of the Planning Commission under 51903 and 904,[2] appeal to the Board of Township Supervisors for review. Such review shall be conducted during a regularly scheduled meeting. The Board of Supervisors may affirm, reverse or modify the findings of the Planning Commission.
[2]
Editor's Note: So in original.
G.
Activities. The Planning Commission may undertake special studies relating to this chapter and the Comprehensive Plan and the required implementation which it deems necessary. Public meetings may be held for this purpose. Material may be gathered and printed. The Planning Commission may retain outside assistance as it deems necessary. All appropriations of Township funds shall be approved by the Township Supervisors of North Franklin.
H.
Powers and duties.
(2)
Additional powers. In addition to the powers of the Planning Commission stated in § 460-1605 of this chapter, the Planning Commission shall have the responsibility for reviewing and recommending action on the following requests:
(3)
Other. The Planning Commission shall have the right to review and make recommendations regarding all sections of this chapter to the Board of Supervisors as it deems necessary.
§ 460-1605 Application procedures.
All applications shall be submitted to the Township Secretary in a form and manner acceptable to the Township. All applications shall be accompanied by the required fee established from time to time by resolution of the Township Supervisors. The Township Secretary shall forward all completed applications to the Zoning Officer within five days of receipt of the required fee. All applications to be referred to the Planning Commission shall be filed at least 10 working days prior to the regular meeting of the Planning Commission at which the application is to be considered.
A.
Applications for conditional uses.
(1)
All applications for conditional use approval shall be submitted in writing on forms provided by the Township and shall include:
(2)
The Planning Commission shall review all conditional use applications and make recommendations to the Supervisors within 30 days of the applicant's submittal of a complete and properly filed conditional use application.
(a)
The Planning Commission shall make their recommendation for approval or denial to the Supervisors in writing.
(b)
The written communication shall include the reasons for recommending approval or denial, and the need to attach any additional conditions to the application so as to implement the purposes of this chapter.
(3)
Within 60 days from the date of submission of a complete and properly filed conditional use application, the Township Supervisors shall conduct a public hearing pursuant to public notice to evaluate the application for conditional use in accordance with the requirements of this chapter, and the express standards and criteria for the conditional use contained in §§ 460-1301 and 460-1302. The Planning Commission's written recommendation shall be entered into evidence at the public hearing. In considering an application for conditional use, the Supervisors may prescribe reasonable and appropriate conditions and safeguards as they may deem necessary to protect the public health, safety and welfare.
(4)
The Supervisors shall act on a conditional use application at a public meeting and submit their decision, in writing, to the applicant within 45 days of the last public hearing conducted by the Supervisors.
(5)
If the Supervisors determine that the application for conditional use approval meets all the requirements of this chapter and receives assurances that any additional conditions deemed necessary shall be fulfilled, the Supervisors shall grant conditional use approval and shall direct the Zoning Officer to issue a zoning certificate for the conditional use.
(6)
If the above time limits are not observed, such conditional use application shall be deemed approved.
B.
Applications for approval of a land development plan. All applications for approval of a conditional use and all applications for a zoning certificate for new construction or expansion of an existing structure in any C - Commercial, PED - Planned Economic Development District, or I - Industrial districts shall include a land development plan which contains the following information:
(1)
A land development plan shall be submitted which is based on a survey of the property prepared by a registered surveyor, which includes:
(a)
Dates of preparation and revision;
(b)
Evidence of preparation by a registered surveyor, architect, landscape architect or engineer, as may be required to guarantee compliance with these requirements;
(c)
Area location map;
(d)
Existing and proposed contours;
(e)
Existing and proposed structures;
(f)
Feasibility of proposals for disposition of stormwater and sanitary waste;
(g)
Location and dimensions of yards and evidence of compliance with other requirements of this chapter;
(h)
The location of all existing buildings on adjoining properties within 100 feet of the side and rear lot lines of the subject property;
(i)
Traffic circulation on the site, ingress and egress to and from the site and layout of the proposed parking areas and loading areas; and
(j)
Landscaping plan.
C.
Application for zoning certificates.
(1)
All applications for a zoning certificate shall be made, in writing, on forms provided by the Township to the Township Secretary. The Township Secretary shall refer the application to the Zoning Officer within five days of receipt of a complete and properly filed application.
(2)
All applications shall be submitted as two hard copies and an electronic/digital copy. All applications for structures accessory to a residential dwelling or farm shall be drawn to scale using a plat plan or property survey, if available, or the Washington County Block and Lot Map, if a plot plan or property survey is not available. All applications for construction of a residential dwelling, or addition to the dwelling, shall include building and plat plans drawn to scale. All applications for which a land development plan is required by § 460-1605B shall include the approved land development plan as part of the application for a zoning certificate.
[Amended 5-9-2023 by Ord. No. 2-2023]
(3)
All applications shall include, at a minimum, the following information:
(a)
Evidence of a percolation test, if applicable;
(b)
Approved land development plan, if applicable;
(c)
The location and dimensions of all existing and proposed buildings and other structures;
(d)
The front, side and rear yard distances for all existing and proposed buildings and other structures;
(e)
The location of all adjoining streets, roads and alleys;
(f)
A statement regarding the proposed use of the building or structure;
(g)
For all applications other than single-family dwellings, the Pennsylvania Department of Labor and Industry File and Index Number; and
(h)
Any other information necessary for the Zoning Officer to ascertain whether the proposed erection, alteration, use or change in use is in compliance with the provisions of this chapter.
(4)
In approving an application, the Zoning Officer may require such changes in plans as may be necessary to assure compliance with this chapter.
D.
Fees. The Board of Township Supervisors shall establish and revise, from time to time, a schedule of fees by resolution, as well as a collection procedure, for all applications submitted under the provisions of this chapter. The schedule of fees shall be available to the public from the Township Secretary.
§ 460-1606 Procedure for amendments.
The Supervisors may introduce and/or consider amendments to this chapter and to the Zoning Map, as proposed by a member of the Supervisors, the Planning Commission, or by a petition of a person, or persons, partnership or corporation owning property within the Township. All amendments to this chapter shall be done in compliance with the Municipalities Planning Code.
A.
Petitions.
(1)
Petitions for amendment shall be filed with the Zoning Officer, and the petitioner, upon filing, shall provide the necessary legal description and pay an advertising deposit and filing fee in accordance with a schedule fixed by resolution of the Township Supervisors. Petitions for rezoning are required to be submitted at least 10 working days prior to the Township Supervisors meeting in order to be placed on the agenda of that meeting.
(2)
If any amendment is withdrawn in writing by the petitioner before the advertisement is placed for any public hearing, the advertising deposit shall be refunded to the petitioner; otherwise, such deposit shall be paid to the Township. Any amendment to a petition by the petitioner shall constitute a new petition and shall require the payment of a new advertising deposit and filing fee.
B.
Public hearing requirement.
(1)
The Township Supervisors shall hold a public hearing, pursuant to public notice, before voting on the enactment of any amendment. If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Township Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
C.
Referral to planning agencies.
(1)
All proposed amendments shall be referred to the Washington County Planning Commission for review at least 30 days prior to public hearing by the Township Supervisors.
(2)
All proposed amendments, other than those which are proposed by the Township Planning Commission, shall be referred to the Township Planning Commission for review at least 30 days prior to the public hearing by the Township Supervisors. The Planning Commission shall make its recommendations on the proposed amendment to the Township Supervisors in a timely fashion so that the Supervisors may review the Planning Commission's recommendations prior to the public hearing.
(3)
The Supervisors may not act upon the proposed amendment until the required reviews are received from the Township's Planning Commission and the Washington County Planning Department, or until 30 days have expired from the date of referral of the application to those agencies.
D.
Notice of Zoning Map changes. Before acting upon a proposed amendment to the Zoning Map, the Supervisors shall hold a public hearing pursuant to public notice, as defined by this chapter. If the proposed amendment involves a change to the Zoning Map, the Zoning Officer shall post public notices of the public hearing at conspicuous locations along the affected tract or area, at least seven days prior to the date of the public hearing.
E.
Changes to amendment following the public hearing. If, after any public hearing held on an amendment, the proposed amendment is substantively revised, or is further revised to include land not previously affected by the amendment, the Township Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
F.
Mediation option. The Township may offer mediation as an option in completing the proceedings authorized by this section. In exercising such an option, the Township and the mediating parties shall meet the stipulations and follow the procedures set forth in § 460-1505 of this chapter.
G.
Action. The Township Supervisors shall act at a public meeting on the proposed amendment to this chapter or the Zoning Map within 90 days of the date of the last public hearing on the proposed amendment.
H.
Filing amendment with County Planning Commission. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Washington County Planning Commission.
§ 460-1607 Landowner curative amendments.
A curative amendment may be filed only by a landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning Map or any provision thereof, which prohibits or restricts the use of development of land in which he has an interest. The landowner may submit a curative amendment to the Supervisors with a written request that this challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
A.
Referral to Planning Commission. The curative amendment and challenge shall be referred to the Township Planning Commission and the Washington County Planning Commission at least 30 days prior to the public hearing for review and comment. The Township Supervisors shall not act on a curative amendment until the required reviews have been received or until the expiration of 30 days from the date of referral.
B.
Public hearing. The Township Supervisors shall conduct a public hearing, pursuant to public notice, as required by § 460-1605B, within 60 days of the request. The public hearing shall be conducted in accordance with procedures governing a hearing before the Zoning Hearing Board as stipulated in § 460-1504 of this chapter, and all references to the Zoning Hearing Board shall be references to the Township Supervisors for the purposes of landowner's curative amendments.
C.
Action. The Township Supervisors shall act at a public meeting on the proposed amendment to this chapter or the Zoning Map within 90 days of the date of the last public hearing on the proposed amendment.
D.
Declaration of invalidity by the court. If the Township does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
E.
Evaluation of merits of curative amendment. If the Township Supervisors determines that a validity challenge has merit, the Township Supervisors may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Township Supervisors shall consider the curative amendment, plans and explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(2)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or Map;
(3)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(4)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.