This chapter shall be known and may be cited as "The Butler Township Subdivision and Land Development Ordinance."
This chapter is adopted to achieve the following purposes:
To promote the public health, safety and general welfare of the residents;
To assure that the arrangement of each subdivision or mobile home park conforms to the Township's Comprehensive Plan and furthers the harmonious and orderly development of the Township;
To guarantee that streets in and bordering each subdivision or mobile home park are coordinated with the Township circulation system and are of such widths, grades and locations as to accommodate prospective traffic and facilitate fire protection;
To make certain that sewage disposal and water supply utilities are provided in sufficient capacity to serve future needs in and near each subdivision or land development;
To provide easements of adequate size and in the proper locations for storm drainage and public utilities;
To safeguard land which is subject to flooding, periodic high water table of subsidence from uses that would aggravate these circumstances;
To prevent erosion damage, unnecessary destruction of natural plant material or unnecessary movement of earth;
To establish a pattern for development of mobile home parks that will ensure maximum living conditions for park residents, as well as protect surrounding properties;
To assure the residents of the Township that all subdivisions, land developments and mobile home park plans will be approved based on an established public policy, objectively and uniformly enforced; and
To provide a precise, simple procedure for review of subdivision, land development and mobile home park plan proposals by the Township and ease the process of conveyance of title of tracts of land.
Section 501 of Article V, Subdivision and Land Development, of Act 247, the Pennsylvania Municipalities Planning Code, as amended by Act 170 of 1988 (53 P.S. § 10101 et seq.) allows municipalities to regulate subdivision and land development within their boundaries.
Editor's Note: See 53 P.S. § 10501.
The Board of Commissioners shall have the power to administer, enforce and amend this chapter, subject to the review and recommendation of the Planning Commission in accordance with the procedures prescribed by Act 247, the Pennsylvania Municipalities Planning Code, as amended by Act 170 of 1988 (53 P.S. § 10101 et seq.).
Any challenges by a landowner to the validity or interpretation of any portion of this chapter, and any appeals from disapproval of a proposed subdivision, land development or mobile home park plan by a landowner shall be taken directly to the County Court of Common Pleas. Any challenges by any aggrieved party, other than a landowner, to the validity or interpretation of any portion of this chapter, any appeals from approval or disapproval of a proposed subdivision, land development or mobile home park plan or any allegations that a subdivision, land development or mobile home park plan approved by the Township has not been or is not being carried out in accordance with the approved documents shall be taken to the County Court of Common Pleas.
On and after the effective date of this chapter, no lot in a subdivision may be sold, no permit to erect, alter, repair or remove any building upon land in a subdivision or land development may be issued and no building may be erected in a mobile home park unless and until a subdivision plan or land development plan has been approved by the Board of Commissioners, after recommendation of the Planning Commission, and recorded, and until the improvements required by this chapter have either been constructed or guaranteed, as required by this chapter.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare.
This chapter shall not apply to any lot or lots, plan of lots or development or mobile home park plan created and recorded prior to the enactment of this chapter except as indicated by Subsection D below. Nor is this chapter intended to annul or interfere with existing laws or ordinances or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the Township is a party, except that where this chapter imposes greater restrictions upon land and development than are imposed or required by such existing provisions of law, ordinance, contract or deed, it shall be interpreted that they are in addition to the restrictions of such other existing regulation or ordinance.
Where two or more adjoining lots of record in the same ownership were legally created prior to the adoption of this chapter and if one or more of these lots are less than the requirements for lot width and area as established by the current Township zoning regulations that apply to the lots, the total contiguous area of all the lots in the same ownership shall be considered as undivided, and no portion of this division plan shall be developed or sold unless a new subdivision plan is approved and recorded as required by this chapter. No plan shall leave remaining any lot intended for development with width or area less than the applicable zoning requirements. The Zoning Hearing Board may grant a variance for development of undersized lots where a hardship clearly exists under procedures as outlined in Chapter 300, Zoning.
A subdivision plat, consolidation plat or land development plan approved in accordance with this Subdivision and Land Development Chapter shall be required for:
The subdivision, as defined by this chapter, of any parcel, lot or tract of land in the Township;
The consolidation, as defined by this chapter, of two or more lots, tracts or parcels of land for the purpose of one land development;
Any land development consisting of the construction or reconstruction on a lot for a nonresidential use in which one or more structures will be constructed for separate ownership or for leasehold;
Any land development consisting of two or more principal buildings on one lot, regardless of the proposed use;
Any land development consisting of townhouse units or multifamily dwellings or commercial, business or industrial structures and/or buildings in which one or more units or areas will be under separate and independent ownership or lease, including but not limited to condominiums and the like. Plats and plans, including declaration plans, required by any statute of the commonwealth for condominium developments may qualify as a plat or plan pursuant to this Subdivision and Land Development Chapter; and
Any development in which the developer proposes or intends to construct streets or any other public improvement to be dedicated to the Township for public use.
The following types of land developments are hereby excluded from the provisions of this chapter governing land developments, as defined herein:
The conversion of an existing single-family detached dwelling or two-family dwelling into not more than three residential units, unless such units are intended be a condominium.
The addition of any accessory building, including farm buildings, accessory to a single-family or two-family dwelling and the addition of any other accessory building or buildings which, individually or in the aggregate, total less than 600 square feet in gross floor area.
[Amended 10-20-1997 by Ord. No. 760]
Farm buildings are exempt from the square footage requirements.
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subclause, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
The addition of new construction conforming to Pennsylvania Uniform Construction Code standards, to any existing single-family or two-family dwelling unit or the construction of a single-family or two-family dwelling on a lot of record, where permitted.
[Added 12-21-2009 by Ord. No. 846]