[Ord. 29, 4/13/1968, § 1; as amended by Ord. 60,
8/12/1985; by Ord. 102, 10/11/1993; by Ord. 118, 9/12/1994; by Ord.
275, 1/5/2009, § 1; and by Ord. 311, 5/9/2011]
1.
BUILDING
STRUCTURE
It shall be unlawful for any person to proceed with the erection,
alteration or enlargement of any structure or building, or any part
thereof, including accessory buildings, a mobile home or any other
permanent structure, such as a swimming pool, in Jefferson Township,
Butler County, Pennsylvania, unless a permit has been issued by the
designated Township official of said Township, after application for
permit has been submitted. For purposes of this chapter and Part,
the following definitions shall apply:
A structure used or intended for supporting or sheltering
any occupancy.
A combination of materials that are built or constructed
with a permanent location or attached to something that has a permanent
location.
2.
No building permit shall be issued for more than one residence, dwelling
or mobile home per lot or parcel of land except that the Planning
Commission, with the approval of the Supervisors, may permit one additional
nonpermanent dwelling or mobile home ("temporary dwelling") on each
lot or parcel by special exception under the following standards for
such a temporary dwelling permit:
A.
A yearly permit must be obtained and signed by the property owner
stating the dwelling is for temporary use by the designated individual(s)
and will be removed when the designated occupants no longer reside
in the dwelling.
B.
The sewage system must be adequate for the additional dwelling/occupants,
and the sewage flows shall not exceed 400 gallons per day from the
temporary dwelling.
C.
There is no sale or lease of the additional temporary dwelling, as
defined in the Subdivision and Land Development Ordinance.
D.
A mobile home may be temporarily placed on an approved lot having
erected thereon no more than one single-family dwelling where the
mobile home is connected to the sewage disposal system of the permanent
dwelling and where the temporary mobile home is to be occupied by
the following family members: father, mother, father-in-law, mother-in-law,
paternal grandparents, maternal grandparents, foster parents, son
or daughter, or brother or sister of the owner and occupant of the
permanent residence on the lot; such occupancy of the temporary mobile
home to be by special temporary dwelling permit only for a period
not to exceed one year, renewable at the option of the Township; all
such permits to expire and be subject to renewal on July 1 of each
year regardless of the date of issuance. A signed statement will be
required from a medical doctor as to the need prior to a land use
and/or building permit being issued. The sewage flows from the temporary
unit shall not exceed 400 gallons per day.
E.
The property owner must complete a signed and notarized agreement
delivered to Jefferson Township stipulating that the temporary unit
will be removed from the premises within 60 days from the time the
temporary unit is vacated or the personal care situation no longer
exists, whichever occurs first.
[Ord. 29, 4/13/1968, § 2]
All applications for permits shall be submitted to the Site
Inspector and when required shall be accompanied by two sets of plans
and specifications setting forth the size and type of material to
be used in the construction of said building and the plot plan showing
the location of said building on said lot. Upon approval of the plans
and specifications, one set so marked shall be returned to the applicant
which must be kept properly and publicly displayed on the building
site during the period of construction and for 60 days after the completion
of said structure. No change shall be made in any set of plans, specifications
or building for which a permit shall have been issued without the
consent of the Site Inspector of Jefferson Township.
[Ord. 29, 4/13/1968, § 3]
The application shall state (1) size and location of lot; (2)
house number; (3) classification of the building; (4) the occupancy
or use to which it is to be put; (5) the estimated cost of the work
contemplated; (6) the fee to be paid for the permit, together with
the calculations necessary to determine the same, which shall be subject
to the permission of the Supervisors or their duly appointed Site
Inspector; seven any other information required by the Supervisors
or the Site Inspector.
[Ord. 29, 4/13/1968, § 4; as amended by Ord. 60,
8/12/1985]
The applicant for a permit for any new building or any addition
to an existing building, shall, at the time of making application
pay to the Township Treasurer, for the use of the Township for each
and every building, a fee to be established by resolution.
[Ord. 29, 4/13/1968, § 5; as amended by Ord. 60,
8/12/1985]
If any work authorized by any permit issued under this Part
shall not have been commenced within 12 months after the issuance
of such permit, such unused permit shall be invalid. Under such conditions,
neither the permit fee, nor any part thereof, shall be returned to
such permit holder; and if at any future time such permit holder shall
make application for another permit for the same work, he shall follow
the same procedure and pay the same fee as if no previous permit had
been issued.
[Ord. 29, 4/13/1968, § 6; as amended by Ord. 60,
8/12/1985; and by Ord. 155, 1/5/1998]
[Ord. 46A, 6/5/1980, § 1.01]
This Part shall be referred to as the Jefferson Township Multifamily
Dwelling Ordinance.
[Ord. 46A, 6/5/1980, Art. II; as amended by Ord. 60, 8/12/1985]
The following words used in this Part shall have the meanings
set forth below:
A separate living facility designed for residential occupancy
and shall be distinguished by having located therein kitchen facilities
separate and apart from those of other areas of the same structure.
Any structure situated within the Township of Jefferson which
is used in whole or in part for residential purposes and which contains
two or more dwelling units and shall include, but not be limited to,
apartment houses, duplexes, tri-plexes, condominium developments,
co-operative developments, townhouse developments, row houses, and
commercial buildings which have two or more residential units integrated
into the same structure.
The Site Inspector of the Township of Jefferson.
Any house, building, apartment building, or such other development
for the use of residential or commercial space and shall be distinguished
from other structures by being covered by a completely separate roof
and further by not being integrally connected to another building
or structure by a permanent hallway, passageway, or connecting corridor.
Shall refer to the Board of Supervisors of the Township of
Jefferson, Butler County, Pennsylvania.
[Ord. 46A, 6/5/1980, § 3.01]
The Supervisors of Jefferson Township have determined that the
health, welfare, and safety of the residents of Jefferson Township
can be best served at the present time by applying certain restrictions
upon the indiscriminant development of multifamily units on properties
located within the Township of Jefferson on the basis that without
such restrictions overcrowding, overloading of currently septic and
sewage systems, restriction of the general aesthetic nature of the
Township, overtaxing of the highways of the Township may and will
occur unless certain restrictions can be placed upon the development
of multiple-family dwellings within the Township.
[Ord. 46A, 6/5/1980, Art. IV]
1.
It shall be illegal from and after the effective date of this Part
for any person or persons, corporations, partnerships, or business
enterprises of any kind to construct multiple-family dwellings within
the Township of Jefferson or remodel currently existing structures
into multiple-family dwellings without first having received the approval
of the Township Site Inspector and after compliance is made with all
of the terms and conditions of this Part.
2.
Unless and until compliance is made with the terms and conditions
of this Part, the Site Inspector shall issue no building permits for
the construction of multiple-family dwellings or the remodeling of
existing structures into multiple-family dwellings. Further, the Site
Inspector, upon determination that such construction is underway and
is not in compliance with this Part shall have the power to revoke
the Building Permit issued by the Site Inspector after giving 24 hours
notice to the owner of the property upon which the multiple-family
dwellings are being constructed of the nature of the violations and
the intent of the Site Inspector to revoke the permit so issued. Notice
of the violation as provided in this paragraph shall be given by the
Site Inspector by either handing a copy of the notice to the owner
of the property personally or by posting a copy of the notice of violation
upon the premises upon which the violation is occurring.
3.
Applications for a construction of multifamily units consisting of
two or more dwelling units or remodeling of an existing structure
into two or more dwelling units shall be made not to the Site Inspector
but to the Township Planning Commission which shall review the plans
according to the terms of this Part and the Planning Commission shall,
after hearing, submit a written recommendation, to the Township Supervisors
who shall make a final determination as to whether or not a building
permit should be issued for the proposed plan at the next regularly
scheduled meeting of the Township Supervisors following the meeting
of the Planning Commission.
[Ord. 46A, 6/5/1980, Art. V; as amended by Ord. 60, 8/12/1985;
and by Ord. 204, 1/5/2004]
1.
Each structure used as a multifamily dwelling unit shall be no more
than four stories high but may have a basement and attic, but in any
event the total height of the structure above grade shall not be more
than a maximum of 50 feet.
2.
Not more than 20% of the land area of the lot upon which the multifamily
dwelling is to be constructed shall be covered by the building structures.
3.
Not more than 15% of the land area of the tract of land upon which
the multifamily units are to be constructed or existing structures
are to be remodeled into multifamily dwelling units shall be covered
by roadways, driveways, parking areas, and other areas, and other
areas used for vehicular traffic.
4.
Each dwelling unit shall be provided with two parking spaces which
shall be located upon the tract upon which the multifamily dwelling
is to be constructed, said parking places to be off the public roadways
and an additional parking space shall be provided for every two dwelling
units located in each multifamily unit.
5.
All buildings constructed to be used for multifamily dwellings shall
be set back at least 50 feet from the edge of the right-of-way of
the public road, whether state or Township, and in the event that
more than one multifamily unit is to be constructed on a tract of
land there shall be a minimum of 50 feet between said units.
6.
The building construction and/or the remodeling to be performed of
existing structures shall meet all existing insulation standards at
the time of construction and shall contain a two hour fire rated divider
between individual dwelling units.
7.
Multiple-family dwellings shall be constructed only upon land which
has frontage on a public road and the Township Supervisors and/or
the Planning Commission may require the proponent of the multiple-family
dwellings to provide a traffic survey indicating the ability of the
roadway to handle the additional traffic which would be generated
by the proposed construction.
8.
Property containing multifamily dwellings shall contain no other
uses except parking and recreational areas for the residents of the
buildings.
9.
The property upon which multiple-family dwelling units are constructed
or upon which existing structures are to be remodeled into multiple-family
dwelling units shall be properly landscaped and construction plans
shall indicate that provisions have been made for the collection and
disposal of stormwater and the prevention of stormwater runoff satisfactory
to meet the approval of the Government agency having authority over
such matters, including but not limited to the Butler County Conservation
District Office.
10.
Construction of multiple-family dwelling units shall provide that
all utilities shall be under ground.
11.
All multiple-family dwellings must be connected to a public water
system and a public sanitary sewage system approved by the Pennsylvania
Department of Environmental Protection or such other Commonwealth
agency which may have authority over such matters and operated by
a municipality, municipal authority or public utility company.
12.
No building permit for the construction of multiple-family dwellings
shall be approved by the Supervisors until the Supervisors have received
from the owners of the property irrevocable letters of credit or performance
bonds or cash bond sufficient to guarantee the final paving of the
roadways necessary for the construction of the multiple-family dwellings
or the remodeling of existing structures into multiple-family dwellings
and further such security shall also be given to the Supervisors for
site preparation.
13.
Each dwelling unit located within a multiple-family dwelling shall
have private bath and cooking area for the exclusive use of the residents
of that particular unit and each unit shall contain at least three
rooms, one of which may be the bathroom.
14.
All multiple-family dwellings shall provide at least two exits to
the outside, one of which shall be a direct exit to a fire escape
or to ground level and the other may exit upon a common hallway or
stairwell.
15.
No more than four dwelling units shall be permitted to be constructed
per acre of land.
[Ord. 46A, 6/5/1980, Art. VI; as amended by Ord. 60, 8/12/1985]
1.
Landowner shall satisfy the Planning Commission at the time of application
for final approval that all area for which the final approval is sought
will be adequately maintained in perpetuity so as not to cause a public
nuisance.
2.
If the landowner provides for the establishment of an association
of residents to own and maintain common open spaces on the site, he
shall indicate the organization of such association, including by-laws,
and the legal mechanism that will bind such association to perpetual
maintenance of the open space.
3.
In the event that the organization established to own and maintain
the common open space or successor organization fails to maintain
open space in reasonable order and condition, the Township Supervisors
may serve written notice upon the residents of the units setting forth
the deficiency in maintenance, demanding that they be corrected.
4.
If deficiencies are not corrected within 30 days, Supervisors may
enter the common open space containing the deficiencies and maintain
the area.
5.
The cost of maintenance of common open space by the Township Supervisors
shall be assessed ratably against the properties within the development
that have rights to the common open space and shall become a lien
on said properties, to be filed by the Township Supervisors with the
Prothonotary of Butler County.
6.
The period during which the Township shall maintain the common open
space shall not constitute a taking of land nor entitle the public
to use such common open space but shall be an action to protect the
health, safety and welfare of the residents of the Township.
7.
Nothing in this section shall limit the right of the Township to
obtain equitable or injunctive relief from a court of competent jurisdiction
and all of the remedies set forth in this Part shall be deemed cumulative
and not exclusive.
[Ord. 46A, 6/5/1980, Art. VII]
1.
Appeals from the decision of the Supervisors of the Jefferson Township
with regard to a proposed development of one or more multiple-family
dwellings within the geographic limits of Jefferson Township may be
taken to the Court of Common Pleas of Butler County within 30 days
of the date of the decision of the Township Supervisors.
2.
Each and every section of this Part is hereby deemed to be severed
from the remaining sections of the Part and in the event that any
portion of this Part is determined to be illegal the same may be deleted
from the ordinance without having any affect upon the other provisions
of this Part.
[Ord. 46A, 6/5/1980, Art. VIII]
1.
In the case of a permit which has been issued by the Site Inspector
and which did not require the approval of the Township Supervisors
the permit shall be valid for a period of two years from the date
of issuance. In the event that construction is not commenced on or
before 180 days from the date of such permit the permit shall lapse
and the landowner shall cease and desist from beginning any construction
from that date forth.
2.
In the case of those plans which are required to be submitted by
the landowner to the Planning Commission for approval by the Township
Supervisors, construction on each approved multiple-family dwelling
must begin within two years from the date of the approval by the Township
Supervisors.
In the event that construction has not commenced within two
years from the approval by the Supervisors then and in that event
any building permit issued to the landowner shall be declared terminated
and in the event that no building permit has yet been issued, the
Site Inspector shall not issue such permit.
3.
In the event that the landowner has not commenced construction within the two-year period set forth in Subsections 1 and 2 of this section, the landowner must submit a new or revised plan to the Site Inspector or the Township Supervisors, whichever is required by this Part, for new and separate approval under the requirements then in effect.
