A.
The Zoning Officer shall administer, enforce and interpret this chapter
in accordance with its literal terms. He shall be appointed by and
be responsible to the Board of Supervisors, shall demonstrate to the
Board of Supervisors a working knowledge of municipal zoning, and
shall hold no elective office in the Township. The Zoning Officer
need not be a resident of Brady Township, and compensation for the
position shall be at the discretion of the Board of Supervisors.
B.
The Zoning Officer shall receive and process applications for zoning
permits, any other relating permits, and permission to occupy/use
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.
The Zoning Officer shall issue building permits if delegated to issue
building permits by the Building Code Official as a Code Administrator
or Construction Code Official as defined and in accordance with Title
34, Labor and Industry, of the Uniform Construction Code. The Zoning
Officer shall investigate alleged violations and take action in accordance
with this article. He shall also testify before the Zoning Hearing
Board on contested decisions he has made or when otherwise called
to testify.
C.
All questions of interpretation of this chapter shall be first presented
to the Zoning Officer, who shall make a decision thereon. Such questions
shall be considered by the Zoning Hearing Board only on appeal from
the Zoning Officer's decision.
D.
In addition, the Zoning Officer shall represent the Township at hearings
before the Magisterial District Judge, shall maintain public files
of all permits issued and applications processed, shall attend meetings
of the Supervisors at their request to provide reports of his activities,
shall examine permitted work in progress, and may, at the discretion
of the Board of Supervisors, prepare and maintain a record of nonconforming
uses.
A.
Building permits are required for any building except agricultural
buildings. Buildings of any type shall require a minimum of a zoning
permit and an inspection by the Zoning Officer to determine that proper
setbacks, zoning and maximum size requirements are met.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A building permit is required when any owner or authorized agent
who intends to construct, enlarge, alter, repair, move, demolish,
or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any electrical,
gas, mechanical or plumbing system, the installation of which is regulated
by the Pennsylvania Construction Code Act[1] and regulations to the Act promulgated by the Pennsylvania
Department of Labor and Industry, and as amended from time to time
and as adopted by Brady Township, Ordinance Number 2004-2,[2] or to cause any such work to be done, shall first make
application to the Building Official and obtain the required permit.
A.
Persons desiring to undertake any new construction, structural or
site alteration, or changes in use of buildings or lot including,
but not limited to erecting, altering, or converting any structure,
sign or building or altering the use of the land not requiring a building
permit, shall apply to the Zoning Officer for a zoning permit by filling
out the appropriate application form and by submitting the required
fee. No persons shall undertake the same without first gaining the
zoning permit which shall be issued in triplicate. One copy shall
be kept conspicuously on the premises, and no person shall perform
building or site alterations of any kind unless a zoning permit is
being displayed as required by this chapter.
B.
Upon receipt of an application for a zoning permit, the Zoning Officer
shall examine the application and supporting information to determine
compliance with this Zoning Ordinance and other applicable Township
ordinances, statutes and regulations. If required by the Zoning Ordinance,
the Zoning Officer shall refer the application to the Zoning Hearing
Board or to the Brady Township Supervisors for their required action.
The Zoning Officer shall complete this examination and take action
on the permit within 30 days if no referrals are required. However,
if referral to the Board of Supervisors is required, action by the
Zoning Officer shall take place within 90 days from the date of the
application including required fees, filed with the Township.
C.
As part of the examination, the Zoning Officer shall determine if
subdivision and/or land development approval and/or stormwater management
plan approval has been obtained, adequate sewage disposal provisions
have been met, and, in the case of public buildings, the required
permits have been issued by the Department of Labor and Industry.
D.
No zoning permit shall be issued unless the applicant presents the
Zoning Officer with proof that any applicable subdivision and/or land
development approval has been granted, a sewage permit has been issued
by the Township Sewage Enforcement Officer for the lot, a driveway
permit or a highway occupancy permit issued by the Department of Transportation
of the Commonwealth of Pennsylvania or a Brady Township road occupancy
permit has been issued in order that access may be gained to the lot,
and all other required Township approvals and permits have been granted
or issued.
E.
If refused a permit, the applicant may appeal to the Zoning Hearing
Board for further consideration.
F.
After zoning permit has been issued, the applicant may undertake
the action permitted by the zoning permit and any other necessary
permits.
G.
Upon completion of such action by the applicant, the applicant shall
then apply to the zoning officer for an occupancy/use permit when
such permit is required. If Zoning Officer finds that the action of
the applicant is in accordance with the Zoning Ordinance and any other
required permits, he shall then issue an occupancy/use permit allowing
the premises to be occupied.
H.
Permitted uses. A zoning permit for a permitted principal or accessory
use may be issued by the Zoning Officer. Any use that qualifies as
a land development shall first require approval by the Brady Township
Board of Supervisors before the Zoning Officer may issue a permit.
I.
Special exceptions. A zoning permit for a special exception may be
issued by the Zoning Officer only upon the order of the Board after
a hearing following a review by the Planning Commission, or as applicable
by this chapter.
J.
Conditional uses. A zoning permit for a conditional use may be issued
by the Zoning Officer only upon the order of the Board of Supervisors
after a hearing, following a review by the Planning Commission, or
as applicable by this chapter.
A.
Before a commercial, industrial, single or multifamily or institutional
building is occupied or used, or a property occupied or used without
the need of a building permit, zoning permit, or other structures
used in compliance with the issued zoning permit or building permit,
the owner shall secure the approval of the Zoning Officer in writing.
Such approval shall be required also whenever additional dwelling
units are being installed in a building, a home occupation is introduced
or changed, or commercial or industrial premises are converted to
a second commercial or industrial use. It shall be the responsibility
of the property owner to request the occupancy/use permit from the
Zoning Officer.
B.
If the Zoning Officer upon inspection finds the premises to have
been developed in violation of any of the conditions of the zoning
or building permit or occupied in violation of any of the terms of
this chapter, he shall order the violations corrected to conform to
the building permit, zoning permit or to the conditions of this chapter
and he shall not issue an occupancy/use permit until satisfied these
corrections have been made.
C.
The owner shall be responsible for the use of his property, even
though he may lease it to others, and for securing the necessary occupancy/use
permit, if needed.
A.
If the Zoning Officer or Building Code Official 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 certified mail or by hand-delivered notice, with a
copy to the Township Secretary and the others requested by the property
owner.
B.
The enforcement notice shall state:
(1)
The owner's name and that of any other person against whom the
Township intends to take action;
(2)
The location of the property;
(3)
The specific violation with a description of the requirements
that have not been met, citing applicable provisions of this chapter;
(4)
The dates before which the steps for compliance must be commenced
and completed;
(5)
A statement that the recipient may appeal the notice to the
Zoning Hearing Board within 30 days of the notice's date; and
(6)
A statement that failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation subject to the sanctions of this chapter.
C.
In any appeal of an enforcement notice to the Zoning Hearing Board
or Building Code Appeals Board, the applicant shall have the responsibility
of presenting its evidence first. Any filing fees paid by a party
to appeal an enforcement notice to these Zoning Hearing Board or the
Building Code Appeals Boards shall be returned to the appealing party
by the Township if the Zoning Hearing Board or the Building Code Appeals
Board, or the Board of Supervisors or any court in a subsequent appeal,
rules in the appealing party's favor.
D.
At the end of the period within which the violation is to be corrected,
the Zoning Officer or Building Code Official shall inspect the property
to determine if the violation has been corrected. 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 or the Building
Code Appeals Board to reverse the Building Code Official'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 order appropriate action
in accord with this section.
E.
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.
F.
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.
G.
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.
A.
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 may be specified in writing citing
particular boundaries, including bearings and distances.
B.
The Planning Commission shall review an amendment petition or 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 Board of Supervisors, the Board shall allow
the Commission at least 30 days to review and comment on the proposal
before taking action.
C.
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 Butler County Planning Commission for review and comment at least
30 days before the hearing.
D.
The Board of Supervisors shall advertise for its hearing twice in
a newspaper of general local circulation, once in each of two consecutive
weeks, the first notice not more than 30 days and the second notice
not less than seven days before the hearing. The notice shall contain
the full text of the amendment or summary, reference to a place and
times where and when the amendment may be examined free of charge
before the hearing, and the date, time, place, and purpose of the
hearing.
E.
In addition, where a change of zoning district boundary is sought,
the property or group of properties affected shall be posted in at
least one conspicuous location not less than seven days before the
hearing with the same information as in the hearing advertisement.
Owners of property within, abutting or directly across a road from
the boundaries of an area proposed for a change of zoning classification
shall be informed by hand-delivered notice or by certified mail at
least seven days before the hearing with the same information.
F.
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 to adopt or reject the amendment within 90 days after the close
of the hearing. Within 30 days after the vote, the Board shall submit
a copy of the adopted ordinance to the County Planning Commission.
G.
At least seven days but not more than 30 days before adoption of
an amendment, the Board of Supervisors shall advertise once in a newspaper
of general local circulation a notice of the Board's 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.
H.
If an amendment is substantially revised before the vote to adopt,
the Board of Supervisors shall, at least 10 days prior to adoption
readvertise, noting a brief summary of the amendment and specifying
the final changes proposed.
I.
Landowner curative amendment.
(1)
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.
(2)
The Board shall commence the hearing after proper notice within
60 days of receiving the request. The hearing shall be conducted in
accordance with the provisions of this chapter but the phrase "Board
of Supervisors" shall be substituted for "Zoning Hearing Board." The
Board of Supervisors, at least 30 days before the hearing, shall refer
the amendment proposal to both the Township and County Planning Commissions
for recommendations.
(3)
The Board may accept a landowner curative amendment with or
without revision, or may adopt an alternate amendment to cure the
challenge. In making its decision, the Board shall consider the factors
contained in this section. Within 45 days after the conclusion of
the hearing, the Board shall render its decision and immediately notify
the landowner.
(4)
The curative amendment will be deemed to have been denied if
the Board fails to commence the hearing within 60 days, notifies the
landowner it will not adopt the amendment or adopts an amendment unacceptable
to the landowner, or fails to act on the request within 45 days after
the end of the hearing.
(5)
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 landowner's rights as granted
by the curative amendment.
J.
Municipal curative amendment.
(1)
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.
(2)
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.
(3)
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.
(4)
From the date of the declaration, neither the Board of Supervisors
nor 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.
(5)
The Board of Supervisors shall not declare a second municipal
curative amendment until at least three years after disposing of a
previous amendment, unless changes in the Pennsylvania Municipalities
Planning Code, Act 247, as amended,[1] or a Court decision in the interim require amendment of
the ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
K.
Appeal from a decision of the Board of Supervisors on an amendment
proposal shall be to the Butler County Court of Common Pleas.
A.
The Board of Supervisors shall establish by resolution a schedule
of fees to cover the cost of permits, conditional use approvals, petitions
to amend the ordinance, or any action brought before the Zoning Hearing
Board or Planning Commission.
B.
The current fee schedule shall be available at the office of the
Township Secretary and may be amended only by official resolution
of the Board.
C.
No permit shall be issued nor any action taken on proceedings before
the Board of Supervisors or the Zoning Hearing Board until the appropriate
fees have been paid in full.
