[Ord. 331, 11/17/1999, § 12.100; as amended by
A.O.]
1.
A Zoning Officer shall administer, enforce, and interpret this chapter
in accordance with its literal terms. He/she shall be appointed by
and be responsible to the Board of Supervisors, shall demonstrate
to the satisfaction of the Board a working knowledge of municipal
zoning, and shall hold no elective office in the Township. The Zoning
Officer need not be a resident of Harmer Township, and compensation
for the position shall be at the discretion of the Board.
2.
The Zoning Officer shall receive and process applications for building
permits and permission to occupy in accordance with this chapter,
and shall not permit any construction or any use or change of use
which does not conform to this chapter.
3.
The Zoning Officer shall investigate alleged violations and take action in accordance with § 27-1204 of this chapter. He shall also testify before the Zoning Hearing Board on contested decisions he has made or when otherwise called to testify.
4.
All questions of interpretation of this chapter shall be first presented to the Zoning Officer, who shall make a decision thereon based on literal interpretation. The decision may be appealed to the Zoning Hearing Board. In addition, the Zoning Officer may represent the Township at hearings before the magisterial district judge (see § 27-1204, Subsection 4), maintain public files of all permits issued and applications processed, may examine permitted work in progress (see § 27-1202, Subsection 5), shall attend meetings of the Board at its request to provide reports of his/her activities (see § 27-1202, Subsection 9), and may perform other activities requested by the Board of Supervisors.
[Ord. 331, 11/17/1999, § 12.200]
1.
No person, agency or business shall erect, move, structurally alter,
remove, extend or convert any structure or building or any part thereof,
nor change the use of any land until a building permit has been issued
by the Zoning Officer. Failure to acquire a permit prior to commencing
construction shall result in the permit fee being doubled.
2.
An application for a building permit shall be made in duplicate on
forms provided by the Zoning Officer. Permits shall be required for
the erection or removal of any building or structure and any additions
to a building or structure that increases its volume or includes structural
alterations. A permit shall also be required for any concrete or asphalt
paving on private property, for any fence or wall, for the placement
or removal of a mobile home, and for most signage. Permits shall not
be required for painting, residing, masonry maintenance, interior
renovations not involving structural changes, or for the installation
of awnings or similar weather control devices.
A.
A site plan drawn to scale showing:
(1)
The entire property to receive the proposed improvements.
(2)
Existing buildings on the property and within 50 feet on adjacent
lots.
(3)
The location, dimensions, height and use of existing and proposed
buildings and/or structures.
(4)
The setback distances of proposed buildings and structures from
lot lines and adjacent streets.
(5)
The location of driveway entrances, signs, and off-street parking
areas showing the arrangement of number of spaces.
(6)
Public sewer and water lines abutting the property and/or in
easements crossing the property.
(7)
Method of collecting and draining stormwater.
(8)
Any site grading required.
B.
A written statement describing:
(1)
The proposed use of the buildings, structures and land in more
detail than simply residential, commercial or industrial.
(2)
The number of dwelling units, whether for sale or rent, and/or
business units that the building is designed to accommodate.
(3)
If a business venture, the total floor area of all the buildings
and outdoor areas, except customer and employee parking and loading
areas, that will be utilized by the business.
(4)
Evidence that required approvals, such as from the Department
of Labor and Industry, and/or Department of Public Welfare, have been
received, or are in process, if required.
(5)
Guarantee that proposed buildings will be served by public sewer
and water services.
(6)
Access to abutting street, if a state highway, has been approved
by PennDOT, including method of maintaining flow line along edge of
street where driveway intersects it.
(7)
Affidavit of the applicant that all information provided is
true and correct to the best of his/her knowledge.
C.
The Zoning Officer may, to satisfy requirements of other Township
development regulations, expand the application form to secure additional
information to assure conformance with these regulations, and may
alert the applicant to state and/or federal agency regulations that
could impact his/her project.
3.
It shall be the responsibility of the property owner to locate proposed
edges of construction and adjacent property lines, but the Zoning
Officer may recommend that the owner have a registered surveyor stake
the property line and edge of a proposed building if the Zoning Officer
believes that the building might violate minimum setback requirements.
4.
If the application is not satisfactory, the Zoning Officer shall
return one copy of the application indicating the specific reasons
why the application cannot be approved, citing relevant sections of
this chapter, or of other Township regulations.
5.
The Zoning Officer shall from time to time visit the property whereon
the approved construction is taking place in order to assure himself
that the work is proceeding in accordance with the building permit.
The Zoning Officer shall not be denied access to the property during
normal working hours in order to inspect the construction in progress,
and may order the work corrected to conform to the permit or halted
pending appeal to the Zoning Hearing Board.
6.
If an applicant wishes to amend the use, arrangement or construction
of his building from that shown on the permit after the permit is
approved, he shall file with the Zoning Officer an application for
an amended building permit.
7.
A building permit shall become void if after six months from the
date of issue construction has not commenced. The life of a building
permit shall be one year from the date of issue. Permits may be extended
for not more than one additional year on large projects or where the
applicant can prove to the Zoning Officer a hardship exists making
it impossible to complete the project in one year. Once a permit has
become void, a replacement permit may be obtained in the same manner
as for the original permit. The replacement permit shall be for the
uncompleted part of the project. No work shall be done after a permit
has become void and before a replacement permit has been issued.
8.
A permit shall be required for the removal of any building or structure
or part thereof on a permanent foundation, except for sheds and minor
accessory buildings set at grade. The applicant shall be responsible
for back-filling any excavation created by the razing and for the
removal from the lot of all debris within 60 days after the issuance
of the permit.
9.
The Zoning Officer shall keep records of all applications either
approved or disapproved, including one copy of each permit issued,
shall maintain a journal of his activities, and shall submit an annual
summation report to the Board of Supervisors detailing building activity
in the Township during the preceding year.
[Ord. 331, 11/17/1999, § 12.300]
1.
For New Construction.
A.
Upon completion of a building or structure for which a building permit
has been issued, the owner of such building or structure shall apply
to the Zoning Officer for an occupancy permit. Such permits shall
not be required for single-family detached dwellings or accessory
buildings or structures on residential lots. For multiple occupancy
buildings, the permit shall indicate the maximum number of unrelated
persons who may occupy each dwelling unit.
B.
The Zoning Officer shall inspect the premises and if satisfied that
all conditions of the building permit have been met, shall issue an
occupancy permit certifying that the premises comply with the provisions
of this chapter and may be used for the purposes set forth on the
building permit.
C.
The occupancy permit shall be revoked when the Zoning Officer determines
that the occupancy is not in compliance with every condition imposed
by the issuance of the permit. The person to whom the permit was issued
may appeal the revocation to the Zoning Hearing Board and continue
to occupy the premises until the Board has made a decision on the
appeal, or he/she may change the occupancy within 30 days to conform
to the permit.
2.
For Change of Existing Use.
A.
If a property owner wishes to change the use of any building or structure
or the property he owns, even though a building permit is not/required,
he shall apply to the Zoning Officer for an occupancy permit.
B.
A change of use shall include, but may not be limited to, the placement
of one or more new dwellings in an existing structure, the opening
of a home occupation, or the change of a commercial or industrial
occupancy to a second commercial or industrial occupancy, including
expansion of the original to include additional commercial or industrial
activities.
C.
If the Zoning Officer is satisfied that such change does not violate
any requirements of this chapter or of other development ordinances
of Harmar Township, he shall issue an occupancy permit.
3.
For Change of Ownership or Tenant.
A.
In the event of a contemplated change of the ownership of a building
or structure, the new owner shall apply for an occupancy permit prior
to actually moving in to the premises.
B.
In the event of a contemplated change of occupancy of a building
or structure by a new tenant, the owner of the premises on behalf
of the new tenant shall apply for an occupancy permit prior to actually
moving in to the premises.
C.
If the Zoning Officer is satisfied that the intended use of the premises
is in accordance with the provisions of this chapter and the application
is properly filed, an occupancy permit shall be issued.
[Ord. 331, 11/17/1999, § 12.400; as amended by
Ord. 344, 10/28/2002, §§ 4, 5; and by A.O.]
1.
If the Zoning Officer finds any provisions of this chapter are being
violated, such as the operation of an illegal use or the locating
of a structure illegally on a lot, he shall notify the owner of record
of the property upon which the alleged violation is occurring by mail
or hand-delivered notice, with a copy to the Township Secretary and
to others requested by the property owner.
2.
The enforcement notice shall state:
A.
The owner's name and that of any other person against whom the Township
intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements that
have not been met, citing applicable provisions of this chapter.
D.
The dates before which the steps for compliance must be commenced
and completed.
E.
A statement that the recipient may appeal the notice to the Zoning
Hearing Board within 10 days after receipt of the enforcement notice.
3.
The Zoning Officer shall allow the owner of a property upon which
a violation of this chapter has been noted a reasonable time period
to carry out the required remedial action. This reasonable time period
for remediation shall commence on the day the notice is mailed.
4.
At the end of the thirty-day period, the Zoning Officer shall inspect the property to determine if the violation has been removed. If the violation has not been corrected and the owner has not appealed to the Zoning Hearing Board to reverse the Zoning Officer's decision, modify it, or grant a time extension, the Zoning Officer shall take the owner before the magisterial district judge, who, if he finds the owner guilty, shall assess penalties and/or order appropriate action in accord with Subsection 5 below.
5.
Continuation of a violation beyond the period within which it is
to be corrected without an appeal having been filed, shall constitute
a civil offense. While an appeal is in process, development shall
not continue on the contested portion of the project. 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 be imposed or payable until
the date of the determination of the violation by the magisterial
district judge. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation. The magisterial district judge shall
determine on which day the violation actually commenced. All judgments,
costs and reasonable attorney fees collected for a violation shall
be paid over to the Township.
6.
The owner or tenant of any structure, premises, or part thereof,
and any architect, engineer, builder, contractor, agent, or other
person who commits, participates in, assists in, or maintains a violation
may each be found guilty of a separate offense and suffer the penalties
herein provided.
7.
Nothing herein contained shall prevent the Township from taking such
other lawful action as is necessary to prevent or remedy any violation
or to bring action to enjoin any violation of this chapter.
[Ord. 331, 11/17/1999, § 12.500]
1.
An amendment of this chapter may be initiated by the Planning Commission,
by the Board of Supervisors or by petition presented to the Planning
Commission by a property owner or owners, or by a person or corporation
who or which has an option to purchase a property in the Township.
The proposed amendment or petition shall be written as proposed to
be adopted. Revisions to the Zoning Map shall be specified in writing
citing particular boundaries. Spot zoning shall be prohibited unless
backed by a Planning Commission recommendation on the future land
use of the neighborhood within which the proposed zoning is located,
supporting the amendment.
2.
The Planning Commission shall review an amendment petition or a proposal
by the Board of Supervisors and prepare recommendations to the Board
not later than the Commission's second regular meeting after receiving
the proposal. The Commission may recommend approval of the proposal
as presented, approval with specific changes, or rejection. If the
proposal is made by the Supervisors, the Board shall allow the Commission
at least 30 days to review and comment on the proposal before taking
action.
3.
The Board of Supervisors, if it finds the amendment proposal has
merit, shall call and hold a public hearing after reviewing the Commission's
recommendations. In addition, the Board shall send the proposal to
the Allegheny County Planning Commission for review and comment at
least 30 days before the hearing.
4.
The Board of Supervisors shall hold the hearing, keeping a written
or sound record of the testimony, and shall make a decision by majority
vote of all members of the Board to adopt or reject the amendment
within 90 days after the vote. The Board, if taking a favorable vote,
shall submit a copy of the adopted ordinance to the County Planning
Commission, indicating the date of adoption and the numerical vote
favoring adoption.
5.
At least seven days but not more than 60 days before adoption of
an amendment, the Board shall advertise once in a newspaper of general
local circulation a notice of its intention to adopt the amendment.
The notice shall include the date, time and place of the meeting at
which adoption will be considered, and reference to a place in the
Township, and times and dates where and when the amendment may be
examined prior to adoption. The notice shall either contain the full
text of the amendment or a brief summary prepared by the Township
Solicitor. If the full text is not used, a copy of the full text shall
be provided to the newspaper running the notice, and an attested copy
of the full text shall be filed in the County Law Library.
6.
If an amendment is substantially revised before the vote to adopt,
the Board shall, at least 10 days prior to adoption readvertise, noting
a brief summary of the amendment and specifying the final changes
proposed. Appeal from a decision by the Board on an amendment proposal
shall be to the Allegheny County Court of Common Pleas.
[Ord. 331, 11/17/1999, § 12.600]
1.
Landowner Curative Amendments.
A.
An owner of land in the Township who wishes to challenge on substantive
grounds the validity of any part of this chapter or map which prohibits
or restricts the use or development of his/her land may submit a curative
amendment to the Board of Supervisors with a written request that
the challenge and proposed amendment be heard and decided.
B.
The Board shall commence the hearing after public notice within 60 days of receiving the request. The hearing shall be conducted in accordance with § 27-1104 of this chapter but the words "Board of Supervisors" shall be substituted for "Zoning Hearing Board." The Supervisors, at least 30 days before the hearing, shall refer the amendment proposal to both the Township and Allegheny County Planning Commissions for recommendations.
C.
The Supervisors may accept a landowner curative amendment with or without revision, or may adopt an alternate amendment to cure the challenge which may not be acceptable to the applicant. In making its decision, the Board shall consider the factors contained in § 27-1102, Subsection 3D. Within 45 days after the conclusion of the hearing, the Board shall render its decision and immediately notify the landowner.
D.
The curative amendment will be deemed to have been denied if the
Board of Supervisors fails to commence the hearing within 60 days,
notifies the landowner it will not adopt the amendment, adopts an
amendment unacceptable to the landowner, or fails to act on the request
within 45 days after the end of the hearing.
E.
If the curative amendment is accepted, the landowner shall file for
a building permit based on such acceptance within one year of the
decision, or if land development or subdivision plans are required
a two-year lapse shall be permitted. In either case, during these
periods, no amendment to this chapter or any land development ordinance
shall be applied to adversely affect the owner's rights as granted
by the curative amendment.
2.
Township Curative Amendments.
A.
If the Board of Supervisors determines that this chapter or any specific
part, including the map or a part thereof, is substantially invalid,
the Board shall so declare, and propose to prepare amendments to cure
the invalidities.
B.
Within 30 days after the declaration, the Board shall by resolution
make findings specifying the invalidities which it proposes to cure,
referring to uses which are not permitted or not permitted in sufficient
quantity, classes of uses which require revision, or to the entire
ordinance.
C.
Within 180 days of the declaration, the Board shall enact a curative
amendment to cure the invalidity or reaffirm the Ordinance as it stood
prior to the declaration.
D.
From the date of the declaration, neither the Board of Supervisors
nor the Zoning Hearing Board shall be required to receive curative
amendments or substantive challenges until either the amendment under
consideration has been adopted or the ordinance has been reaffirmed.
The Board shall not declare a second municipal curative amendment
until at least three years after disposing of a previous amendment,
unless changes in the State Planning Code, 53 P.S. § 10101
et seq., or a Court decision in the interim require amendment of the
ordinance.
[Ord. 331, 11/17/1999, § 12.700]
1.
The Board of Supervisors shall establish by resolution a schedule
of fees to cover the cost of permits, special use approvals, petitions
to amend the ordinance, or any action brought before the Zoning Hearing
Board.
2.
The current fee schedule shall be available at the Township office
and may be amended only by official resolution of the Board of Supervisors.
3.
No permit shall be issued nor any action taken on proceedings before
Board of Supervisors or the Zoning Hearing Board until the appropriate
fees have been paid in full.
