A. 
All applications submitted for the review and approval of plans of subdivision and plans of land development prepared in preliminary or final form shall be accompanied by a review fee and a deposit in accordance with a schedule of fees and charges established, or to be established, and adopted by resolution of the Board of Supervisors to defray, or to help defray, any cost that may be incurred by the Township in viewing and inspecting the site of the subdivision or land development, and reviewing the application, data and the plans submitted relative to the same.
(1) 
A deposit shall be made at the time of application for preliminary and final subdivision approval, with Brady Township, in order to cover the costs of engineering review and inspection of proposed improvements, legal fees and other professional consultants' fees whose services are required in order to provide a comprehensive review of the subdivision application.
(2) 
A review fee, as established by resolution of the Board of Supervisors, and fees as charged to the Township for activities related to the subdivision application shall be deducted from the deposit as invoices are received.
(3) 
A full accounting of all expenses incurred during the review and approval of a subdivision application, whether preliminary or final, shall be kept by the Township Secretary and made available to the applicant.
(4) 
Upon completion of all improvements to the satisfaction of the Township Engineer, and upon a full and complete release of all sureties posted relative to the improvements proposed, the remaining balance of the deposit shall be returned to the applicant upon receipt of a written request to do so.
(5) 
Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or other professional consultants for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Township Engineer or other professional consultants to the Township when fees are not reimbursed or otherwise imposed on applicants. Fees charged to the Township relating to the appeal of any decision on an application shall not be considered review fees and shall not be charged to the applicant.
(6) 
The Board of Supervisors shall submit to the applicant an itemized bill showing work performed, identifying the person performing the services and the time and date spent for each task. Nothing in this subsection shall prohibit interim itemized billing or Township escrow or other security requirements.
B. 
The schedule of fees and charges established or to be established may vary, and be regulated in accordance to the scope and complexity of the plan of subdivision and land development project, such as:
(1) 
Number of parcels or lots in plan;
(2) 
Site development plans;
(3) 
Utility development plans;
(4) 
Applicants plan of construction and development of the land, structures and facilities thereon, and appurtenant thereto; and
(5) 
Number of times that a plan is submitted or resubmitted for review and request is made for approval of the same.
C. 
Where a plan of subdivision or land development for any reason has been rejected by the Township Planning Commission and/or Board of Supervisors, the applicant, when resubmitting plans and application for review and approval of the same, shall be required to pay a fee as set forth in the Township's schedule of fees and charges for such submittals.
D. 
All review fees shall be made payable to Brady Township. All review fees deducted from the original deposit are nonrefundable, and the approval or rejection for any reason of any plan of subdivision or land development will not be reason or cause for the return of any fee submitted.
E. 
Procedure to resolve disputes over application review fees.
(1) 
In the event that the applicant disputes the amount of any such review fees, the applicant shall, no later than 45 days after the date of transmittal of the bill to the applicant, notify the Township and the Township's professional consultant that such fees are disputed and shall explain the basis of their objections to the fees charged, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's dispute over fees. Failure of the applicant to dispute a bill within 45 days shall be a waiver of the applicant's right to arbitration of that bill under this subsection.
(2) 
In the event that the Township's professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution for inspection fees set forth in § 295-900G, below, provided the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
(3) 
Subsequent to a decision on an application, the Board of Supervisors shall submit to the applicant an itemized bill for review fees specifically designated as a final bill. The final bill shall include all review fees incurred at least through the date of the decision on the application. If for any reason additional review is required subsequent to the decision, including inspections and other work to satisfy the conditions of the approval, the review fees shall be charged to the applicant as a supplement to the final bill.
F. 
Inspection fees.
(1) 
The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established, from time to time, by resolution of the Board of Supervisors. The applicant shall not be required to reimburse the Township for any inspection which is duplicative of inspections conducted by other governmental agencies or public utilities. The burden of proving that any inspection is duplicative shall be upon the objecting applicant. Such reimbursement shall be reasonable and in accordance with the ordinary and customary fees charged by the Township's professional consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Township's professional consultant to the Township for comparable services when fees are not reimbursed or otherwise imposed on applicants.
(2) 
An inspection fee escrow deposit in an amount established, from time to time, by resolution of the Board of Supervisors, shall be payable at the time of execution of the development agreement required by § 295-306 of this chapter to guarantee payment of the estimated inspection fees required by this subsection. The actual amount of the inspection fees in excess of the escrow deposit shall be payable within 10 days of billing by the Township. Any monies remaining in the escrow account after all inspection fees have been paid shall be returned to the applicant. Failure to pay the required escrow deposit or any additional inspection fees required by this section shall cause the Township to defer the applicant's request for acceptance of the public improvements for which the inspection fees are required until such time as the required fees are paid in full.
(3) 
The Board of Supervisors shall submit to the applicant an itemized bill showing the work performed in connection with the inspection of improvements performed identifying the person performing the services and the time and date spent for each task.
(4) 
Subsequent to the final release of the improvement bond for completion of improvements for a subdivision or land development or any phase thereof, the professional consultant shall submit to the Board of Supervisors a bill for inspection services specifically designated as a final bill. The final bill shall include inspection fees incurred through the release of the improvement bond.
G. 
Resolving disputes over inspection fees.
(1) 
In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, no later than 30 days after the date of transmittal of a bill for inspection services, notify the Township and the Township's professional consultant that such inspection expenses are disputed as unreasonable or unnecessary, and shall explain the basis of their objections to the fees charged, in which case the Township shall not delay or disapprove a request for release of the improvement bond, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses. Failure of the applicant to dispute a bill within 30 days shall be a waiver of the applicant's right to arbitration of that bill under this subsection.
(2) 
If the Township's professional consultant and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 45 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as an arbitrator. The applicant and professional consultant whose fees are being challenged shall, by mutual agreement, appoint another professional consultant to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional consultant whose fees are being challenged.
(3) 
The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and shall render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the applicant or the professional consultant whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days. In the event that the Township has paid the professional consultant an amount in excess of the amount determined to be reasonable and necessary, the professional consultant shall within 60 days reimburse the excess payment.
(4) 
In the event that the Township's professional consultant and applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for appointment of an arbitrator, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Township is located, or if at the time there be no President Judge, then the senior active judge then sitting, shall appoint such arbitrator, who, in that case, shall be neither the Township's professional consultant nor any professional consultant who has been retained by, or performed services for, the Township or the applicant within the preceding five years.
(5) 
The fee of the arbitrator shall be paid by the applicant if the review fee charged is sustained by the arbitrator; otherwise, it shall be divided equally between the parties. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the applicant or the professional consultant. The Board of Supervisors and the professional consultant whose fees are the subject of the dispute shall be parties to the proceedings.
A. 
In the case of amendments other than those prepared by the Township Planning Commission, the Board of Supervisors shall submit the proposed amendment to the Township Planning Commission for recommendation at least 30 days prior to the date fixed for the public hearing on the proposed amendment.
B. 
At least 30 days prior to the scheduled public hearing date, a copy of the proposed amendment shall be submitted to the Butler County Planning Commission for review and recommendation.
C. 
The Board of Supervisors shall conduct a public hearing on the proposed amendment pursuant to public notice, as defined herein.
D. 
Proposed amendments shall not be enacted unless public notice, as defined herein, of the Board's intention to enact the proposed amendment is given, including the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(2) 
An attested copy of the proposed amendment shall be filed in the County Law Library or other County office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(3) 
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Board of Supervisors shall, at least 10 days prior to enactment, re-advertise in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
(4) 
Subdivision and land development amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded herein.
E. 
Within 30 days after enactment, the Board of Supervisors shall forward a certified copy of the amendment to the Butler County Planning Commission.
A. 
Any person, partnership or corporation who or which has violated the provisions of the Brady Township Subdivision and Land Development Ordinance enacted under Act 247, Pennsylvania Municipalities Planning Code, and all amendments thereto,[1] 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 Magisterial District Judge. 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 Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that 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 Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
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.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Brady Township the right to commence any action for enforcement pursuant to this section.
A. 
In addition to other remedies, Brady Township may institute and maintain 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. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
B. 
Brady Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any ordinance adopted pursuant to Act 247, Pennsylvania Municipalities Planning Code, as amended.[1] This authority to deny such a permit or approval shall apply to any of the following applicants:
(1) 
The owner or record at the time of such violation.
(2) 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3) 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(4) 
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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
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. 
Should any section, clause, provision or portion of this chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect or impair the validity of any other section, clause, provision or portion of this chapter.
B. 
It is hereby declared to be the intent of the Board of Supervisors of Brady Township that this chapter would have been adopted by the Township had such invalid or unconstitutional provision not been included herein, and the remaining portions of this chapter shall remain in effect as though the portion declared invalid or unconstitutional had never been a part hereof.
All resolutions, ordinances, or part of resolutions or ordinances inconsistent herewith are hereby repealed.
Nothing herein contained shall be interpreted to permit any waiver of the restriction or requirements of Chapter 350, Zoning, as now enacted or hereafter amended.