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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

If refused a permit, the applicant may appeal to the Zoning Hearing Board for further consideration.

After zoning permit has been issued, the applicant may undertake the action permitted by the zoning permit and any other necessary permits.

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.

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.

Special exceptions. A zoning permit for a special exception may be issued by the Zoning Officer only upon the order of the Zoning Hearing Board after a hearing.

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.

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.

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.

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.

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.

The enforcement notice shall state:

In any appeal of an enforcement notice to the Board, the Township shall have the responsibility to present its evidence first.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Public notice prior to public hearing.

If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, the governing body shall hold another public meeting, subject to the public notice requirements of this chapter, before proceeding to a vote on the amendment.

Procedure for landowner curative amendments. A landowner who, on substantive grounds, desires to challenge the validity of a land use ordinance or map which prohibits or restricts the use or development of land in which he has an interest has two choices: (i) a request for a curative amendment or (ii) a substantive validity challenge. The governing body has exclusive jurisdiction to hear a landowner's curative amendment request.

Municipal curative amendment.

Appeal from a decision of the Board of Supervisors on an amendment proposal shall be to the Butler County Court of Common Pleas.

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.

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.

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.