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 A GUIDE TO DEVELOPING IN BUTLER TOWNSHIP

THE PURPOSE OF ZONING

 A ZONING ORDINANCE IS ADOPTED TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE AND THEIR PROPERTY.

 BUILDING PERMITS IN GENERAL

 A BUILDING PERMIT IS REQUIRED FOR ERECTING, ENLARGING, REPAIRING, MOVING, OR RAZING A STRUCTURE.  THE BUTLER TOWNSHIP ZONING ORDINANCE DEFINES A STRUCTURE AS ANY MAN-MADE OBJECT CONSTRUCTED OR ERECTED AND HAVING AN ASCERTAINABLE STATIONARY LOCATION ON LAND, OR IN WATER, WHETHER OR NOT AFFIXED TO THE LAND.  THIS DEFINITION SEEMS TO INCLUDE EVERY TYPE OF DEVELOPMENT. THEREFORE, PRIOR TO PERFORMING ANY ACTIVITY OF THIS KIND, YOU SHOULD CONTACT THE ZONING OFFICER.

PLANNING PROCESS

A.     LAND DEVELOPMENT

LAND DEVELOPMENT IS THE IMPROVEMENT OF ONE OR MORE LOTS

FOR THE PURPOSE OF:

1. ERECTING TWO OR MORE RESIDENTIAL DWELLING UNITS ON ONE PARCEL OF LAND.  THIS DEFINITION EXCLUDES ACCESSORY RESIDENTIAL STRUCTURES SUCH AS GARAGES, SHEDS, AND ATTACHED ADDITIONS TO THE DWELLING UNIT.

2. ERECTING ANY COMMERCIAL BUILDING.

3. DIVIDING OR ALLOCATING LAND FOR THE PURPOSE OF PROVIDING STREETS, COMMON AREAS, LEASEHOLDS, CONDOMINIUMS, OR OTHER BUILDING GROUPS.

 B.     SUBDIVISION

 A SUBDIVISION IS THE DIVISION OR REVISION OF ANY PARCEL

OF LAND INTO TWO OR MORE LOTS INCLUDING CHANGES IN EXISTING LOT LINES.

C.     PROCESS AND APPROVALS

THE PROCEDURES FOR A LAND DEVELOPMENT AND SUBDIVISION ARE IDENTICAL.  A SKETCH PLAN IS REQUIRED FOR BOTH, AND THE PLAN MUST BE SUBMITTED TO BUTLER TOWNSHIP.  THE PLAN IS THEN  REVIEWED BY THE BUTLER TOWNSHIP PLANNING COMMISSION AND THE LUZERNE COUNTY PLANNING COMMISSION, WITH FINAL APPROVAL OF THE PLAN VESTED IN THE BUTLER TOWNSHIP BOARD OF SUPERVISORS.

            IF YOUR PROPOSED DEVELOPMENT FIND CLASSIFICATION AS A LAND DEVELOPMENT OR SUBDIVISION, YOU SHOULD PURCHASE A COPY OF THE BUTLER TOWNSHIP SUBDIVISION / LAND DEVELOPMENT ORDINANCE FOR PROCEDURES AND REQUIREMENTS.  INFORMATION PACKETS MAY BE OBTAINED AT THE BUTLER TOWNSHIP OFFICE IN THE BUTLER TOWNSHIP MUNICIPAL BUILDING.  IT SHOULD BE NOTED THAT BUTLER TOWNSHIP AND LUZERNE COUNTY HAVE SEPARATE REVIEW FEES.

            THE ZONING OFFICER MAY NOT ISSUE ANY PERMITS THAT REQUIRE LAND DEVELOPMENT OR SUBDIVISION APPROVAL UNTIL A PLAN HAS

RECEIVED APPROVAL BY THE BUTLER TOWNSHIP BOARD OF SUPERVISORS.

TYPES OF PERMIT APPLICATIONS

A.     BUILDING PERMIT FOR REPAIRS AND ALTERATIONS  

A BUILDING PERMIT IS REQUIRED FOR INTERIOR AND EXTERIOR RENOVATIONS.  THE MOST COMMON FORM OF INTERIOR RENOVATIONS ARE REMODELING DIFFERENT TYPES OF ROOMS IN A STRUCTURE.  EXTERIOR RENOVATIONS INCLUDE REPLACEMENT OF ROOFS, SIDING, GUTTERING, WINDOWS, AND RESURFACING OF DRIVEWAYS.  PERMITS ARE NOT REQUIRED FOR PAINTING AND LANDSCAPING.

 THE FEE FOR A REPAIR PERMIT IS BASED ON THE COST OF REPAIR.

THE COST INCLUDES LABOR AND MATERIAL, UNLESS THE OWNER IS MAKING THE REPAIR.

        PERMIT APPLICATIONS MAYBE OBTAINED AT THE ZONING OFFICE.  THE INFORMATION NEEDED TO COMPLETE A REPAIR PERMIT APPLICATION  CONSISTS OF DIRECTORY INFORMATION, CONTRACTOR INFORMATION (IF APPLICABLE), PROPERTY INFORMATION NUMBER (PIN), (WHICH IS LISTED ON YOUR TAX BILL), A JOB DESCRIPTION, AND THE COST OF CONSTRUCTION.

B.     BUILDING PERMIT, NEW PRINCIPAL STRUCTURE

A NEW PRINCIPAL STRUCTURE WOULD BE THE FIRST STRUCTURE ERECTED ON A LOT OR THE PRIMARY STRUCTURE ON A LOT.  HOMES, BUSINESSES, AND ADDITIONS TO THAT HOME OR BUSINESS ARE INCLUDED IN THIS CATEGORY.  A PERMIT IS NOT REQUIRED TO CLEAR A LOT; HOWEVER, A PERMIT IS REQUIRED PRIOR TO DIGGING, INSTALLING FOOTERS OR PLACING A STRUCTURE ON A LOT.  THE BUTLER TOWNSHIP ZONING ORDINANCE REGULATES MINIMUM LOT AREA, LOT COVERAGE, BUILDING HEIGHT, BUILDING USE AND LOCATION OF A BUILDING.  IF THE PROPOSED STRUCTURE IS TO BE USED FOR COMMERCIAL PURPOSES, THE ZONING ORDINANCE ALSO REGULATES ACCESS ROADS, PARKING SPACES, LOADING ZONES AND BUFFER AREAS.

         BUTLER TOWNSHIP ALSO REQUIRES THAT A LAB CERTIFIED SMOKE DETECTORS ARE INSTALLED IN ANY NEW STRUCTURE.  A MINIMUM OF ONE SMOKE DETECTOR IS REQUIRED FOR EACH FLOOR OF A STRUCTURE.

            THE PERMIT FEE IS BASED ON THE SQUARE FOOTAGE OF THE STRUCTURE.  THE PERMIT APPLICATION REQUIRES DIRECTORY INFORMATION, PIN NUMBER, CONTRACTOR INFORMATION, AND CONSTRUCTION DETAILS.  THE PERMIT APPLICATION ALSO INCLUDES A SKETCH PLAN, THAT MUST BE DRAWN TO SCALE, IDENTIFYING THE LOCATION OF EXISTING AND PROPOSED BUILDINGS.

C.     BUILDING PERMIT, ACCESSORY STRUCTURES

AN ACCESSORY STRUCTURE IS A NON-ATTACHED SUBORDINATE STRUCTURE THAT STANDS APART FROM THE PRINCIPAL STRUCTURE.  THIS CATEGORY INCLUDES GARAGES, STORAGE SHEDS, AND FENCES.  THE BUTLER TOWNSHIP ZONING ORDINANCE REGULATES THE HEIGHT AND LOCATION OF THESE STRUCTURES.

         PRIVATE SWIMMING POOLS ARE ALSO INCLUDED IN THIS CATEGORY.  THE ORDINANCE DIVIDES PRIVATE POOLS INTO TWO GROUPS.  THE FIRST IS IN-GROUND POOLS.  THE ORDINANCE REGULATES THE LOCATION OF THE POOL ON THE LOT AND REQUIRES THAT THE POOL BE FENCED.  THE SECOND IS ABOVE GROUND POOLS WHICH REQUIRE A LOCKING OR RETRACTABLE LADDER OR REMOVABLE STEPS.  THE ORDINANCE ALSO REGULATES THE LOCATION OF THE ABOVE GROUND POOL.

            PUBLIC OR CLUB SWIMMING POOLS ARE ALSO REGULATED BY THE BUTLER TOWNSHIP ZONING ORDINANCE.  POOLS IN THIS CATEGORY ARE SUBJECT TO DIFFERENT REGULATIONS THAN PRIVATE POOLS.

            A PERMIT FEE IS REQUIRED AND APPLICATIONS MAY BE OBTAINED AT THE ZONING OFFICE.  THE PERMIT APPLICATION REQUIRES DIRECTORY INFORMATION, CONTRACTOR INFORMATION, PIN NUMBER, AND A SKETCH PLAN.

D.    DEMOLITION PERMIT

A PERMIT IS REQUIRED TO REMOVE A STRUCTURE.  PRIOR TO, DEMOLITION, UTILITY COMPANIES MUST BE NOTIFIED AND SERVICES DISCONNECTED.  THE DEBRIS FROM THE STRUCTURE MUST THEN BE DISPOSED OF IN A MANNER CONSISTENT WITH STATE AND LOCAL REGULATIONS. PRIOR TO DEMOLITION, COMMERCIAL STRUCTURES MUST BE INSPECTED AND THE ASBESTOS MUST BE CERTIFIED BY A COMPANY CERTIFIED TO PERFORM THIS WORK.  CERTIFICATION THAT THIS WORK HAS BEEN PERFORMED MUST ACCOMPANY THE DEMOLITION PERMIT APPLICATION.  APPLICATIONS FOR A DEMOLITION PERMIT, INCLUDING PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL REQUIREMENTS, ARE AVAILABLE FROM THE ZONING OFFICER.

E.     SIGN PERMIT

 A PERMIT MUST BE OBTAINED TO REPLACE, ERECT, REPAIR, ALTER, OR RELOCATE A SIGN.  THE BUTLER TOWNSHIP ZONING ORDINANCE REGULATES THE TYPE, SIZE, HEIGHT, AND LOCATION OF A SIGN.  A SIGN MUST ALSO BE ERECTED IN ACCORDANCE WITH THE INTERNATIONAL BUILDING CODE.

             IN ADDITION TO THE TOWNSHIP PERMIT, ANY SIGN ERECTED ALONG A STATE HIGHWAY REQUIRES A PERMIT ISSUED BY THE STATE UNDER THE STATE HIGHWAY BEAUTIFICATION PROGRAM.  THIS IS A SEPARATE REGULATION AND THE APPLICANT MUST CONTACT THE STATE TO SECURE THIS PERMIT.

             THE FEE FOR A BUTLER TOWNSHIP SIGN PERMIT IS BASED ON THE COST OF THE SIGN.  A PERMIT APPLICATION MUST BE COMPLETED.  THE LAST PAGE OF THE PERMIT APPLICATION IS A SKETCH PLAN REQUIRING TWO DRAWINGS.  THE FIRST IS A SKETCH OF THE SIGN FACE.  THE SECOND IS AN AERIAL VIEW OF THE SIGNS LOCATION IN COMPARISON TO PROPERTY LINES, ROADS, AND UTILITY LINES.

OCCUPANCY PERMIT

             OCCUPANCY PERMITS ARE REQUIRED TO INSTALL A NEW DRIVEWAY OR ACCESS ROAD, OR TO OCCUPY A NEW STRUCTURE.

A.     OCCUPANCY PERMIT FOR ROADS AND HIGHWAY

A ROAD OCCUPANCY PERMIT IS REQUIRED FROM BUTLER TOWNSHIP TO INSTALL A DRIVEWAY OR ACCESS ROAD THAT CONNECTS WITH A TOWNSHIP ROAD.  A HIGHWAY OCCUPANCY PERMIT IS REQUIRED FROM PENNDOT TO INSTALL A DRIVEWAY OR ACCESS ROAD THAT CONNECTS TO A STATE ROAD, OR A COUNTY PERMIT IS REQUIRED TO INSTALL A DRIVEWAY THAT CONNECTS WITH A COUNTY ROAD.  A BUILDING PERMIT WILL NOT BE ISSUED UNTIL A ROAD OCCUPANCY PERMIT  IS OBTAINED FROM THE RESPECTIVE GOVERNING BODY.

B.     OCCUPANCY PERMIT FOR NEW STRUCTURES

AN OCCUPANCY PERMIT IS ALSO REQUIRED FOR A NEW STRUCTURE.  THE PURPOSE OF AN OCCUPANCY PERMIT IS TO ENSURE THAT A STRUCTURE HAS BEEN BUILT IN ACCORDANCE WITH THE ZONING ORDINANCE.  AFTER THE STRUCTURE IS BUILT, AND BEFORE THE STRUCTURE IS OCCUPIED, AN OCCUPANCY PERMIT MUST BE ISSUED BY THE ZONING OFFICER.

        THERE IS A SET FEE FOR AN OCCUPANCY PERMIT AND OCCUPANCY PERMIT FORMS MAY BE OBTAINED FROM THE ZONING OFFICE.  THE FORM REQUIRES SIGNATURES OF THE PERSONS IDENTIFIED ON THE SIGNATURE LINES SIGN OFF AT VARIOUS STAGES OF CONSTRUCTION.  THEREFORE, IT IS TO YOUR ADVANTAGE TO HAVE THE OCCUPANCY PERMIT APPLICATION AT THE JOB SITE DURING CONSTRUCTION.

USE CERTIFICATE

            A USE CERTIFICATE IS REQUIRED FOR USING VACANT LAND OR WHEN CHANGING THE USE OF LAND OR A STRUCTURE.  AN APPLICATION IS AVAILABLE AT THE ZONING OFFICE.  THE APPLICATION REQUIRES DIRECTORY INFORMATION, CONTRACTOR APPLICATION, AND INFORMATION ON THE PRESENT AND PROPOSED USE OF THE LAND OR BUILDING.  THERE IS ALSO A PRESET PROCESSING FEE.

TENANT REGISTRATION

THIS PROCESS IS SIMILAR TO THE OCCUPANCY PERMIT PROCESS BECAUSE BEFORE A TENANT CAN OCCUPY A RENTAL UNIT THEY MUST PAY A REGISTRATION FEE TO BUTLER TOWNSHIP.  A TENANT MUST ALSO PAY A VACATING FEE TO BUTLER TOWNSHIP WHEN LEAVING.  

LICENSES

            A LICENSE MUST BE OBTAINED FROM BUTLER TOWNSHIP TO OPERATE A BUSINESS WITHIN THE TOWNSHIP OR TO ENGAGE IN THE ACTIVITIES OF A CONTRACTOR WITHIN THE TOWNSHIP.

CONTRACTORS LICENSED TO WORK IN BUTLER TOWNSHIP MUST HAVE AT LEAST $500,000 LIABILITY INSURANCE.  PROOF OF WORKERS COMPENSATION INSURANCE IS REQUIRED.  STATE LAW REQUIRES A CONTRACTOR APPLYING FOR A BUILDING PERMIT TO PRODUCE PROOF OF WORKERS COMPENSATION INSURANCE OR SUBMIT A NOTARIZED STATE FORM CERTIFYING THAT THE CONTRACTOR IS WORKING WITHOUT EMPLOYEES.  STATE FORMS CAN BE OBTAINED AT THE ZONING OFFICE.

             CONTRACTORS WHO MEET ALL THE INSURANCE QUALIFICATIONS WILL BE ISSUED A CONTRACTORS LICENSE.  THE FEE FOR A BUSINESS OR CONTRACTOR LICENSE IS BASED ON A SLIDING SCALE.  THE EARLIER IN THE YEAR THAT A LICENSE IS APPLIED FOR, THE LESS EXPENSIVE THE LICENSE WILL BE.

PROCESSING OF PERMIT APPLICATIONS

            THE ZONING OFFICER HAS 90 DAYS TO EITHER APPROVE OR DENY A PERMIT APPLICATION.  HOWEVER, IT USUALLY TAKES ONLY A FEW DAYS DEPENDING ON THE EXTENT OF THE PROPOSED CONSTRUCTION.

             PERMIT APPLICATIONS MUST BE ACCOMPANIED BY THE APPLICABLE PERMIT FEE.  FOR NEW STRUCTURES, BEFORE A PERMIT CAN BE ISSUED, THE PROPERTY LINES MUST BE STAKED AND THE LOCATION OF THE PROPOSED STRUCTURE MUST BE STAKED.  THE ZONING OFFICER WILL VERIFY THAT THE LOCATION OF THE STRUCTURE IS IN ACCORDANCE WITH THE SKETCH PLAN SUBMITTED WITH THE PERMIT APPLICATION.  AFTER CONFIRMING THE MEASUREMENTS, THE INFORMATION ON THE PERMIT APPLICATION WILL BE REVIEWED TO DETERMINE COMPLIANCE WITH BUTLER TOWNSHIP REGULATIONS.  IF THE PROPOSED PROJECT COMPLIES WITH ALL BUTLER TOWNSHIP REQUIREMENTS, A PERMIT WILL BE ISSUED. THE PERMIT MUST BE DISPLAYED CONSPICUOUSLY ON THE PROPERTY DURING CONSTRUCTION.

             PLEASE NOTE THAT IF PERMITS AND APPROVALS ARE REQUIRED BY FINANCIAL INSTITUTIONS ON A PARTICULAR DATE, YOU SHOULD PLAN ACCORDINGLY, TAKING INTO CONSIDERATION THE TIME PERIOD TO PROCESS A PERMIT APPLICATION.

             IF A PERMIT APPLICATION IS DENIED BASED ON THE BUTLER TOWNSHIP ZONING ORDINANCE, A DENIAL LETTER WILL BE ISSUED TO THE APPLICANT AND OWNER.  THE LETTER WILL CONTAIN THE REASONS FOR THE ZONING OFFICER’S DETERMINATION, ALONG WITH ALL NECESSARY INFORMATION TO APPEAL THE ZONING OFFICER’S DETERMINATION TO THE ZONING HEARING BOARD.  THERE ARE TWO COMMON TYPES OF APPEALS, VARIANCES AND SPECIAL EXCEPTIONS, AND EACH TYPE HAS ITS OWN STANDARD.  THE ADMINISTRATION SECTION OF THE ZONING ORDINANCE EXPLAINS WHAT BURDENS AN APPLICANT MUST MEET TO OBTAIN A VARIANCE OR SPECIAL EXCEPTION.  SOME APPEALS REQUIRE REVIEW AND RECOMMENDATION OF THE BUTLER TOWNSHIP PLANNING COMMISSION.

             THE FEE FOR A ZONING HEARING BOARD IS $350.  THE FEE COVERS ANY ADMINISTRATIVE COSTS, COMPENSATION TO BOARD MEMBERS, HALF OF STENOGRAPHIC FEES, AND NECESSARY LEGAL ADVERTISING.

     PLEASE CONTACT THE ZONING OFFICER BEFORE ENGAGING IN DEVELOPMENT ACTIVITY.  HE WILL WORK WITH YOU AND HELP WITH REQUIREMENTS OF THE BUTLER TOWNSHIP CODE OF ORDINANCES FOR DEVELOPING IN BUTLER TOWNSHIP.

             THE ZONING OFFICER CAN BE REACHED BY PHONE AT 570-788-5705

OR 570-788-3547.  FAX:  570-788-5351.

 OFFICE HOURS ARE:    MONDAY:         8:00 AM TO 10:00 AM

                           TUESDAY:        5:00PM to 7:00PM

                       WEDNESDAY:   9:00 AM TO 12:00 PM

                            FRIDAY:            9:00 AM  TO 12:00 PM

                                                    5:00 PM  TO    7:00 PM

OTHER HOURS BY APPOINTMENT