Township of Butler, PA
Butler County
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Table of Contents
Table of Contents

§ 252-50 Unlawful recording and sale of lots.

A. 
No plan of a subdivision or land development proposed in the Township shall be recorded in any public office unless or until that plan shall bear the certified approval of the Board of Commissioners.
B. 
It shall be unlawful for any person to sell, trade or otherwise convey or offer to sell, trade or otherwise convey any lot or parcel of land as part of or in conformity with any plan, plat or replat of any subdivision or land development unless and until said plan, plat or replat shall have been first recorded in the office of the County Recorder of Deeds.

§ 252-51 Preventive remedies.

A. 
In addition to other remedies, the 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. 
The 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 this chapter. The authority to deny such a permit or approval shall apply to any of the following applicants:
(1) 
The owner of 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.
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.

§ 252-52 Enforcement remedies.

A. 
Any person, partnership or corporation who or which has violated 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 commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. 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 Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating this 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 Justice, and thereafter each day that a violation continues shall constitute a separate violation.
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 the Township the right to commence any action for enforcement pursuant to this section.

§ 252-53 Enforcement.

A. 
The Zoning Officer or his authorized representative shall be responsible for the administration and enforcement of this chapter and shall have all the powers and duties conferred upon zoning officers by the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq.).
B. 
The Zoning Officer or his authorized representative shall review proposals for subdivision and land development plans upon request of the Planning Commission or Board of Commissioners; shall issue or revoke permits; shall enter upon, at his discretion, subdivision and land development plans in the process of construction to evaluate compliance with the terms of approved applications; shall notify the developer, in writing, regarding any aspect of the development not in compliance and demand remedial action to guarantee compliance and avoid revocation of the permit; and shall otherwise act as the Township's agent in the enforcement of these regulations.
C. 
No developer, owner or agent or employee of them shall block entrance of the Zoning Officer or his authorized representative to any subdivision, land development or mobile home park plan in the process of development.

§ 252-54 Filing, application review and inspection fees.

A. 
Filing fees.
(1) 
In order to defray a part of the cost incurred by the Township in processing plans, filing fees shall accompany the filing of each preliminary and final application. Checks shall be made payable to the Township.
(2) 
The Board of Commissioners shall establish, from time to time, a schedule of filing fees by resolution. The schedule of fees shall be available to the public in the office of the Township Manager.
(3) 
In the event that the developer submits a revised application, the revised application shall be accompanied by the filing fee required for an original application. This fee shall apply only to revisions initiated by the applicant, but shall not apply to revisions required to complete an application or revisions requested by the Planning Commission which are not required to complete an application.
B. 
Application review fees.
(1) 
Application review fees shall include reasonable and necessary charges by the Township's professional consultants or the Township Engineer for review and report on the application to the Township. Such review fees shall be based upon a schedule established by resolution by the Board of Commissioners. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or other consultants for similar service in the community, but on no event shall the fees exceed the rate or cost charged by the Township Engineer or other consultants to the Township when fees are not reimbursed or otherwise imposed on applicants.
(2) 
In the event that the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Township Manager that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
(3) 
In the event that the Township 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 resolution of disputes as set forth in Subsection C of this section.
C. 
Inspection fees.
(1) 
The Township may prescribe that 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 by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or 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 engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.
(2) 
In the event that the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Township that such expenses are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.
(3) 
If, within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(4) 
The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(5) 
In the event that the Township and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, 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 engineer, who, in that case, shall be neither the Township Engineer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding five years.
(6) 
The fees of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.