A. 
The Planning Commission may, in specific cases involving a subdivision, land development, mobile home park plan or RV campground, recommend modifications from the provisions of these regulations, subject to approval by the Board of Supervisors, that will not be contrary to the public interest or the spirit and intent of this chapter. Modifications shall only be granted where, owing to special circumstances in a specific subdivision or land development, the literal interpretation and strict application of the provisions of these regulations would cause unfair and unnecessary hardship.
B. 
No such modifications from the provisions of these regulations shall be recommended by the Planning Commission unless one or more of the following characteristics are found to be applicable:
(1) 
There are unique physical circumstances or conditions present on the property, including peculiar shape or exceptional topographical or other physical conditions, and the reasons for which a modification is sought are due to these conditions and not the provisions of this Subdivision and Land Development Chapter regulations;
(2) 
Because of the physical circumstances there is no possibility that the property can be developed in strict conformity with these regulations if reasonable use is to be made of it;
(3) 
The characteristics which necessitate a reason for request for a modification have not been created by the applicant; and
(4) 
The modification, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.
C. 
The modification, if authorized, will represent the minimum that will afford relief and will represent the least modification possible of the regulation or regulations at issue.
D. 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary.
E. 
The Planning Commission shall review the application when requested to do so by the Board of Supervisors. The Commission may call a duly noticed public hearing to obtain additional information and public comment.
F. 
Within 120 days after the first meeting at which the modification request was first considered by the Planning Commission (thirty-day submittal deadline, plus ninety-day review period), and not subsequently changed, the Board of Supervisors shall inform the owner/applicant in writing of its decision. If the decision is unfavorable, the reasons for rejection shall be specifically indicated.
G. 
The owner/applicant may revise the application and resubmit to the Planning Commission with the revisions requested. The owner may not again submit the same application, once finally denied, for at least one year after rejection.
H. 
The specific wording of a modification which has been granted shall be lettered in permanent ink upon the Mylar for recording and signed and dated by the Chairman of the Board of Supervisors.
I. 
The Board of Supervisors shall keep a written record of all actions on all requests for modifications.
A. 
A proposal for an amendment to this chapter may be initiated in any of the following ways:
(1) 
A request of the Planning Commission by the Board of Supervisors;
(2) 
An official proposal by the Planning Commission; or
(3) 
A petition presented to the Planning Commission signed by a property owner in the Township or by an owner/applicant who has entered into an agreement to purchase property in the Township.
B. 
Upon receiving a request for an amendment or upon making an official proposal, the Planning Commission shall prepare a report on the proposed amendment with copies sent to the Board of Supervisors and to the County Planning Commission. The Planning Commission, with the approval of the Board of Supervisors, may contract with an appropriate consultant to assist in the preparation of the amendment. Such report shall recommend either adoption, rejection or adoption of the amendment proposal with specific revisions.
C. 
The Board shall review the Planning Commission's report on the amendment and shall schedule a public hearing after which it shall vote to approve or deny the proposed amendment.
D. 
The public hearing shall be advertised in a newspaper of general local circulation at least once in each of two consecutive weeks, the first notice appearing not more than 30 days and the second not less than seven days prior to the date of the hearing. The notice shall indicate the date, time and place of the hearing, a brief summary of the contents of the amendment and the location and times where and when copies of the amendment may be examined before the hearing.
E. 
When the Board proposes an amendment, it shall allow both Butler County Planning Commission and Township Planning Commission at least 30 days to review and comment upon it prior to the date of the public hearing.
F. 
If a proposed amendment is substantially changed following the public hearing, the Board shall hold an additional public hearing before voting.
G. 
Within 30 days after adoption, the Board shall send a certified copy of the amendment to the Butler County Planning Commission.
A. 
The provisions of these regulations shall be enforced by the Zoning Officer appointed by and responsible to the Board of Supervisors.
B. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated the provisions of any subdivision or land development chapter enacted under the Pennsylvania Municipalities Planning Code, Act 247 as amended, or prior enabling laws 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 commence or be imposed, levied or payable until the date of the determination of a violation by the District Magistrate. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation unless the District Magistrate determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Magistrate, and thereafter each day that a violation continues shall constitute a separate violation.
(2) 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
(3) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
A. 
In addition to other remedies, the Board of Supervisors may undertake appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises.
B. 
The Board may direct the Zoning Officer to issue no permits or grant any approval necessary to further improve or develop property which was illegally subdivided or upon which construction or site preparation has occurred in violation of this chapter. The authority to deny a permit or approval shall apply to the owner of record at the time the violation occurred, subsequent owners regardless of their knowledge of the violation and any vendor or lease holder of the property or their successors whether or not they know of the violations.
C. 
Such remedies shall also apply to the vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
A. 
The homeowners' association or other suborganization formed to maintain commonly owned land, facilities and other improvements shall provide perpetual maintenance of such land and improvements in accordance with all applicable regulations and current standings.
B. 
In default thereof, the Township may, after reasonable notice, enter upon the premises and undertake the required maintenance and assess the cost thereof against each property owner of the homeowners' association formed to maintain the improvements identified as such on the finally approved and recorded plan. In addition, a ten-percent penalty shall be assessed for administration of the corrective maintenance.
C. 
The manner of collection shall be consistent with the provisions for the filing of municipal claims in the commonwealth or, at the Township's option, by the institution of any suit at law or equity.
A. 
A schedule of fees for minor subdivisions, major subdivision, minor land developments and land development plans not involving subdivision, mobile home park plans, recreational vehicle campground plans, requests for modifications and petitions for amendments of this chapter shall be established by resolution of the Board of Supervisors.
B. 
No subdivision or land development plan shall be finally approved, and no petition or requests acted upon, unless or until all applicable fees have been paid in full.