Township of Towamencin, PA Chapter 59 Change of Occupancy

[HISTORY: Adopted by the Board of Supervisors of the Township of Towamencin 12-9-2009 by Ord. No. 09-08.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Automatic protection devices — See Ch. 44, Art. II.

Construction codes — See Ch. 62.

Rental unit occupancy — See Ch. 119.

Zoning — See Ch. 153.

[1] Editor's Note: This ordinance also repealed former Ch. 59, Certificates of Occupancy, adopted 12-15-1999 by Ord. No. 99-13.

§ 59-1 Application; inspection; smoke detector and sewer trap and vent required; recycling plan.

A. No structure, building, or any part thereof, nor any dwelling unit shall be occupied or used until an application has been submitted to the Township, on forms provided by the Township.

B. The Township shall, after notification of a change in occupancy by the owner or the agent of the owner of the premises to be occupied has been made on forms provided for such purpose by the Township, inspect the property for compliance to the following:

(1) The provisions of the applicable section(s) of the Township administrative codes as referenced in § 133-30.

(2) The requirements as outlined on the change of occupancy application form.

C. All residential dwelling units shall be provided with a minimum of one single-station smoke detector on each habitable floor level including the basement. The smoke detection system must adhere to the requirements of the building codes in use at the time of construction. When activated, the smoke detector shall provide an audible alarm to warn the occupants within the individual room or unit. If an individual detector or system of detectors is found to be defective, they shall be replaced with the same type of detector and system that was required when the unit was built. If the dwelling unit is equipped throughout with an electronic system that provides for both security and smoke detection, the system must have the capability of continued smoke detection consistent with the requirements of the building codes in use at the time the unit was constructed. The smoke detection capabilities must be maintained in the event that the security portion of the system is abandoned. The smoke detectors on this system must have internal testing capabilities, or an agent must provide a current test and certificate of operation prior to the approval of any change of occupancy.

D. All buildings connected to the public sewer system must have a building sewer trap and vent as detailed in the Pennsylvania Uniform Construction Code. No stormwater from sump pumps or roof drains is permitted to be connected to the public sewer system.

E. In the case of change of ownership, occupancy, tenant, or use of a nonresidential building or structure or change of ownership of a multifamily building or structure, a recycling plan in accordance with the requirements of Ordinance Number 90-09, as last amended,[1] must be submitted to the Township.

[1] Editor's Note: See now Ch. 84, Garbage and Other Solid Waste.

§ 59-2 Contents of application; responsibility for obtaining approval.

The application shall state the use to which the structure, building, or dwelling unit is to be put. No change in the use or the ownership of a residential dwelling unit or change in the use, ownership, or tenant of any nonresidential structure or building shall be made until the application has been signed and approved by the Township acknowledging compliance in accordance with § 59-1 hereof. It shall be the duty of any person who shall change the use of, sell, or otherwise transfer ownership of any structure, building or residential dwelling unit or, in the case of the change of tenant of a nonresidential structure or building, to apply for and obtain the approval of the change of occupancy required by this chapter prior to such transfer of ownership or change of use or failure on the part of such seller, transferor, or owner to obtain such approval shall not excuse the purchaser, transferee, or nonresidential tenant from the requirements of this chapter.

§ 59-3 Revocation.

Any change of occupancy applied for hereunder may be denied or 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 change of occupancy is approved subject to conditions, such approval may be revoked if such conditions remain unsatisfied within the time limit provided for at the time of issuance of such conditional approval.

§ 59-4 Fee.

The applicant for a change 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 Township shall refuse to approve a change of occupancy after review.

§ 59-5 Violations and penalties.

A. Any person, corporation or association who or which shall occupy or use any structure, building, or dwelling unit without obtaining approval of the change of occupancy shall be in violation of this chapter and shall, upon conviction thereof in a summary proceeding, be guilty of a summary offense and subject to payment of a fine of not less than $25 nor more than $300 and the costs of prosecution, including reasonable attorney's fees of the Township and, in default thereof, to imprisonment in Montgomery County Prison as provided by law.

B. Each and every day that occupancy or use of any structure, building, or dwelling unit shall continue without the approval required by this chapter after notice to cease and desist such occupancy or use shall have been given shall constitute a separate offense and be punishable as such.