A. 
This section provides an overview of the general procedures for the application, submission, review and the approval of proposed subdivision and/or land development plans within the Borough of West Reading.
B. 
All subdivision and/or land development plans within the corporate limits of the Borough of West Reading shall be reviewed by the Borough Planning Commission, the Berks County Planning Commission and other Borough, state or county officials/agencies as deemed necessary, and shall be approved or disapproved by the Borough Council in accordance with the procedures specified within this chapter.
C. 
For all proposed subdivision and/or land development plans, except those exempted from standard procedures, a sketch plan (recommended but not required), preliminary plan and final plan must be submitted to the Borough for review and approval. Those plans exempted from this standard procedure shall comply with the procedures identified under § 400-13 of this chapter.
D. 
Whenever Chapter 455, Zoning, provides that the use proposed by the applicant for subdivision and/or land development approval shall constitute a use by special exception or conditional use, the applicant shall obtain such special exception or conditional use approval from the Borough Zoning Hearing Board or the Borough Council, as applicable, prior to the submission of the preliminary plans. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception or conditional use.
E. 
Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirement of Chapter 455, Zoning, the applicant shall identify on the submitted plan the specific variance(s) needed. Any approval of the preliminary plan by the Borough will require securing of the needed variance(s) from the Borough Zoning Hearing Board and having the plan reflect any conditions which have been imposed upon the grant of such variance(s) by the Borough Zoning Hearing Board prior to Borough approval of the preliminary plan.
F. 
Whenever all or a portion of the land contained within an application for subdivision and/or land development approval constitutes all or a portion of land included in a prior subdivision and/or land development plan approved by the Borough and recorded in the office of the Recorder of Deeds in and for Berks County, Pennsylvania, the plan shall comply with all conditions, restrictions and notes imposed on the prior approval and/or included upon the recorded subdivision and/or land development plan. The applicant shall identify all prior recorded subdivision and/or land development plans of which all or a portion of the land contained in the plan was a part and all conditions, restrictions and notes which affect the current application. Failure to identify all applicable conditions, restrictions and notes of record on prior plans constitutes a violation of this chapter. The applicant shall submit with the application for preliminary plan approval a statement identifying the prior plans reviewed; conditions, restrictions and notes which would impact development in accordance with the plan for which approval has been requested; and an explanation of the manner in which the proposed plan has been designed to comply with such conditions, restrictions and notes. This information shall be signed by the applicant or the applicant's engineer or landscape architect.
A. 
The Borough of West Reading Borough Council shall have jurisdiction of subdivision and/or land development within the Borough limits. In order to assist the Borough Council in its consideration of subdivision and/or land developments, the Borough Council hereby decrees that the Borough Planning Commission shall serve the following functions:
(1) 
All plans proposing subdivision and/or land development, upon submission to the Borough, shall be referred to the Planning Commission for review.
(2) 
The Planning Commission shall make recommendations to the Borough Council concerning approval, conditional approval, or disapproval of such plans.
(3) 
The Planning Commission shall also make recommendations to the Borough Council concerning any written waivers of the requirements of this chapter requested by the applicant.
B. 
The Borough Council shall consider the recommendations offered by the Planning Commission prior to taking action on any proposed subdivision and/or land development plan.
A. 
Sketch plan submission.
(1) 
A sketch plan, which is recommended but not required, shall be considered as an unofficial submission to the Borough for the purpose of informal review and discussion between the applicant and the Borough.
(2) 
Sketch plan submissions are highly recommended for the purpose of conceptual review and to consult with the Borough prior to formal application. For maximum usefulness, sketch plans should contain the information listed in § 400-21. (Note: The use of the sketch plan process is highly recommended to all applicants as a means to identify development issues prior to expenditure of monies for detailed surveying and engineering required for the preliminary plan stage.)
(3) 
Submission of a sketch plan should be made 14 days prior to the regularly scheduled meeting of the Borough Planning Commission at which the applicant desires consideration. A total of five copies of the sketch plan should be submitted.
B. 
Sketch plan review.
(1) 
An applicant submitting a sketch plan shall meet with the Planning Commission and/or Borough officials to informally discuss the conceptual suitability of the proposed subdivision/development, its relationship to existing streets and utilities, the proposed arrangement and density of the development, and the compatibility of the proposed plan with Chapter 455, Zoning, and Comprehensive Plan. Such meeting may be part of the regular monthly meeting of the Planning Commission or at a Borough staff workshop meeting if established.
(2) 
Should the applicant desire to have a more detailed review of the sketch plan conducted by the Borough Engineer with written review comments to be provided to the applicant, they may elect to do so by completing the Borough's subdivision and/or land development application, designating their preference for a written review by the Borough Engineer and paying the associated review fee.
(3) 
As the sketch plan process is informal only and not mandatory, no formal approval actions shall be taken or required by the Borough at the completion of any sketch plan discussion/review.
A. 
Preliminary plan submission.
(1) 
The preliminary subdivision and/or land development plan shall be prepared in accordance with the requirements set forth in § 400-22.
(2) 
The applicant shall complete and sign the application form provided by the Borough and shall accompany such application form with the type and number of plans, documents, and other submissions required and the appropriate filing fee(s). The applicant must identify the name, address, and telephone number of the record holder of legal title to the land involved (if different from the applicant), the nature of the applicant's interest in the land (whether holder of legal or equitable title or otherwise), and the name, address and telephone number of the agent, if any. No application shall be deemed filed unless all requirements have been met and all fees therefor paid in full.
(3) 
Five complete sets of the plans forming preliminary plan and four neatly bound, clear, and legible copies of all required documents and other submissions shall be submitted to the Borough to be distributed along with copies of the application form. Additionally, one electronic copy of the plan and all documents, reports, etc., in PDF format on CD/DVD shall also be submitted.
(4) 
The preliminary plan with the application for subdivision and/or land development along with the preliminary plan submission checklist, shall be submitted at least 14 calendar days (two weeks) prior to the regular monthly public meeting of the Borough Planning Commission at which the final plan is to be accepted for review.
(5) 
The applicant shall notify the abutting property owners by certified mail that a preliminary plan is to be reviewed. Evidence of such notification shall be presented to the Planning Commission at the meeting.
(6) 
The applicant shall post written notice of the application on the affected tract of land at least 48 hours prior to preliminary plan review by the Planning Commission. The written notice shall state the following: "This property is the subject of a subdivision and/or land development application: __________, which will be discussed at the next Planning Commission meeting scheduled for __________." This notice shall be printed on a thirty-six-inch-by-twenty-four-inch sign of the type utilized for real estate sales. The expense of printing such notice shall be borne by the applicant. The notice must be posted by the applicant on the property in such location(s) to be clearly visible from each adjacent roadway(s) and must remain on the property throughout the duration of the land development and/or subdivision process. Proof of posting by means of a dated photograph of the erected notice must be provided by the applicant to the Borough prior to preliminary plan review by the Planning Commission.
(7) 
All submissions shall be accompanied by the proper application forms, letter(s) of transmittal and review fees as determined by the Borough.
(8) 
The applicant will be responsible for submitting and distributing the proposed plan to the Berks County Conservation District, and all non- Borough pertinent reviewing bodies, as specified by this chapter or required by law [i.e., Pennsylvania Department of Transportation (PennDOT), Pennsylvania Department of Environmental Protection (PADEP), United States Army Corps of Engineers (USCOE), the Joint Municipal Authority of Wyomissing Valley, the Western Berks Water Authority, etc.].
(9) 
No application shall be deemed filed and accepted for review until all supplementary data, reports and studies as may be required under this chapter have been received, application fees have been paid in full, and any other requirements for submission specified herein have been met. The applicant shall complete and sign the preliminary plan submission checklist to assist in determining plan completeness.
(10) 
Submissions will be formally accepted for review by the Borough at the next regularly schedule monthly meeting of the Borough Planning Commission, at which time the ninety-day time period for review will start.
(11) 
When submission of revised preliminary plans are being made by the applicant, the applicant shall include a response letter to the previous Borough review comment letter which specifically discusses the applicant's response to the specific review comments. Additionally, one complete plan set should be submitted with all plan changes (revisions, additions, corrections, etc.) highlighted in order to facilitate the review process.
B. 
Preliminary plan review.
(1) 
The Planning Commission shall review the preliminary plan at its regular monthly public meeting and discuss the plan(s) with the applicant, if in attendance, to determine if the plan meets the regulations and standards set forth in this chapter and the other Borough ordinances, codes, regulations, plans, and maps.
(2) 
When a preliminary plan has been officially accepted for review by the Borough, the applicant shall provide the Borough two additional complete copies of the proposed plan and appropriate application form and county review fee for the Borough to process and forward to the Berks County Planning Commission for its review and comment. Failure of the Berks County Planning Commission to act within 30 days shall constitute a waiver of its right to review the plan as submitted, and the Borough may officially act on the basis of such a waiver.
(3) 
The Borough Zoning Officer shall review the preliminary plan to determine its conformance to Chapter 455, Zoning. The report from the Borough Zoning Officer shall be in writing and shall be submitted to the Borough Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be reviewed by the Planning Commission.
(4) 
For all developments, a copy of the preliminary plan shall be submitted to the Borough Shade Tree Commission, the Borough Recreation Commission for its review and comment on issues of land dedication and/or fee-in-lieu of, general recreation and landscaping issues. Additionally, a copy of the preliminary plan may be forwarded to the Police and Fire Chiefs for an emergency services review. The comments of the reviewing parties should be submitted, in writing, to the Planning Commission.
(5) 
During the course of the Planning Commission's review of the preliminary plan and prior to any action by the Borough Council within the required ninety-day review period, the preliminary plan may be revised by the applicant. The applicant shall submit the same number of revised plans and other submissions, and shall note the dates of any and all revisions and a summary of the nature thereof. Upon the submission of the revised preliminary plan (which shall not be comprised of any plans, documents, or other submissions theretofore submitted, unless the Planning Commission specified to the contrary), the applicant shall sign a statement withdrawing any previously submitted preliminary plan from consideration and shall stipulate that a new ninety-day review period shall commence from the date of the Planning Commission's meeting next following the filing of the revised preliminary plan. The revised preliminary plan shall be submitted to the Borough. The revised preliminary plan shall be distributed by the Borough on the basis as set forth in this chapter.
(6) 
After a report on the preliminary plan has been submitted to the Borough Council by the Planning Commission, the Borough Council shall place such preliminary plan on its agenda for review and action.
(7) 
Before acting on any preliminary plan, the Borough Council or the Planning Commission may hold a public hearing thereon after public notice.
(8) 
The Borough Council shall not take formal action on preliminary plan application until the report from the Berks County Planning Commission has been received or until the expiration of 30 days from the date the application was forwarded to the county for review.
(9) 
In acting upon the preliminary plan, the Borough Council shall review the report and/or written comments of the Planning Commission, Borough Engineer, sewer and water authorities, and county agencies, and comments from public hearings, if any, to determine its conformance to this chapter and all other Borough ordinances, codes, regulations, plans, and maps. The Borough Council may modify any subdivision or land development plan requirement upon the recommendations of the Planning Commission, and may specify conditions, changes or additions thereto, which it deems necessary. Further, the Council may make its decision to grant approval of a preliminary plan subject to conditions, changes or additions; in the case where the Planning Commission has concluded that the preliminary plan meets all requirements of a final plan, then upon the recommendation of the Planning Commission, the Borough Council may consider the preliminary plan as a final plan and may act thereupon accordingly.
(10) 
The Borough Council shall render a decision on every preliminary plan and communicate it to the applicant not later than 90 days following the date of the regular monthly public meeting of the Planning Commission next following the date the complete application is filed, provided that should the Planning Commission meeting occur more than 30 days following the filing of such application, said ninety-day period shall be measured from the 30th day following the day the complete application has been filed. This review period may be extended by grant of the applicant, subject to acceptance by the Borough. The applicant's grant of time extension shall be on a form provided by the Borough.
(11) 
The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to the applicant at the address shown on the application form not later than 15 days following the decision, or at the end of the above-mentioned ninety-day review period, whichever shall occur first.
(12) 
In the event the preliminary plan is not approved in terms as filed, the decision shall specify the defects found in the preliminary plan for subdivision and/or land development and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.
(13) 
In the case of a preliminary plan calling for the submission of the final plan in phases, a phasing plan and associated time schedule shall be part of the preliminary plan submission delineating all proposed phases as well as deadlines within which applications for final plan approval of each phase are intended to be filed. Each phase in any residential subdivision or land development, except the last phase, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Borough. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final phase has been granted and any modification in the aforesaid schedule shall be subject to approval of the Borough.
(14) 
Approval or approval with conditions of a preliminary plan shall not constitute approval of the final plan. Rather, it shall be deemed an expression of approval of the layout shown on the preliminary plan as a guide to the preparation of the final plan. The final plan must also be reviewed and approved by the Borough as outlined under § 400-12 of this chapter.
A. 
Final plan submission.
(1) 
The final subdivision and/or land development plan shall be prepared in accordance with the requirements set forth in § 400-23 pertaining to final plan requirements.
(2) 
Within one year after the date of approval of the preliminary plan, unless a greater time period has been established as a condition of preliminary plan approval, the applicant shall file a final plan and all supplementary information, data, and documents together with a completed and signed application form provided by the Borough and the appropriate filing fees. No such application shall be deemed filed unless all requirements have been met and all fees therefor paid in full.
(3) 
Unless an extension of time has been granted by the Borough Council upon written request of the applicant, a final plan filed after the one-year period shall be considered a new preliminary plan which shall be required to comply with all preliminary plan application procedures and requirements of this chapter, and shall be subject to a preliminary plan application fee.
(4) 
The final plan shall conform in all respects to the preliminary plan as previously reviewed, and to which approval was granted, or the plan shall be considered as a new preliminary plan.
(5) 
Five copies of the plans, documents, and four other submissions comprising the final plan shall be filed with the Borough, who shall distribute copies of the final plan along with copies of the application form to those who also received the preliminary plan as set forth in § 400-11B herein, provided that the required review fees and have been filed therewith. Additionally, one electronic copy of the plan and all documents, reports, etc., in PDF format on CD/DVD, shall also be submitted.
(6) 
The final plan with the application for subdivision and/or land development along with the final plan submission checklist, shall be submitted at least 14 calendar days (two weeks) prior to the regular monthly public meeting of the Borough Planning Commission at which the final plan is to be accepted for review.
(7) 
No application shall be deemed filed and accepted for review until any supplementary data, reports and studies as may be required by this chapter have been received, application fees have been fully paid, and any other requirements for submission specified herein have been met. The applicant shall complete and sign the final plan submission checklist to assist in determining plan completeness.
(8) 
At the discretion of the Borough, additional copies of the proposed final plan may be requested from the applicant for review and comment.
(9) 
When submission of revised final plans are being made by the applicant, the applicant shall include a response letter to the previous Borough review comment letter which specifically discussed the applicant's response to the specific review comments. Additionally, one complete plan set should be submitted with all plan changes (revisions, additions, corrections, etc.) highlighted in order to facilitate the review process.
B. 
Final plan review.
(1) 
The Borough Engineer and Borough Zoning Officer shall review the proposed final plan to determine its conformance with Chapter 455, Zoning, and this chapter. They may recommend changes, alterations or modifications, as they may deem necessary for compliance with Borough requirements. The report(s) shall be in writing and shall be submitted to the Planning Commission prior to the regularly scheduled or special meeting at which the final plan is to be reviewed.
(2) 
For final plans which propose new recreation facilities as part of the development, a copy of the final plan shall be submitted to the Borough Shade Tree Commission and the Borough Recreation Commission for their review and comment on issues of land dedication and/or fee-in-lieu, general recreation and landscaping issues. Additionally, a copy of the final plan may be forwarded to the Police and Fire Chiefs for an emergency services review. The comments of the reviewing parties should be submitted in writing to the Planning Commission.
(3) 
If required by the Borough, as in the case of a minor subdivision or revision to a record plan, the applicant shall provide the Borough two complete copies of the proposed plan and appropriate application form and county review fee for the Borough to process and forward to the Berks County Planning Commission for its review and comment. Failure of the Berks County Planning Commission to act within 30 days shall constitute a waiver of its right to review the plan as submitted, and the Borough may officially act on the basis of such a waiver.
(4) 
When a final plan has been officially accepted by the Borough, such plan shall be reviewed by the Borough Planning Commission at its next regularly scheduled meeting. During the review of the final plan, the Planning Commission shall consider the written reports, if any, of the Borough Engineer, Borough Zoning Officer, Recreation Commission, Shade Tree Commission, Borough Solicitor, the Berks County Planning Commission, and any other designated agencies or authorities, before rendering its final decision on the proposed final plan.
(5) 
During the course of the Planning Commission's review of the final plan and prior to any action by the Borough Council within the required ninety-day review period, the final plan may be revised by the applicant. Upon submission of a revised plan containing substantial or material revisions, a new ninety-day time period for formal review and notification shall commence from the date of submission of the revised plan, unless another time period for the review of the plans is agreed upon by the parties.
C. 
Final plan approval.
(1) 
After a report on the final plan has been submitted to the Borough Council by the Planning Commission, the Borough Council shall place such final plan on its agenda for review and action.
(2) 
Before acting on any final plan, the Borough Council or Planning Commission many hold a public hearing thereon after public notice.
(3) 
In acting upon the final plan, the Borough Council shall review the report and/or written comments of the Planning Commission, Borough Engineer, and county agencies, and comments from public hearings, if any, to determine its conformance to all Borough ordinances, codes, regulations, plans, and maps and either approve or disapprove the final plan.
(4) 
The Borough Council shall render a decision on the final plan and communicate it to the applicant not later than 90 days following the date of the regular monthly public meeting of the Planning Commission next following the date the complete application was filed; provided, that should the said meeting occur more than 30 days following the filing of the complete application, the said ninety-day review period shall be measured from the 13th day following the day the complete application was filed. This review period may be extended by grant of the applicant, subject to acceptance by the Borough. The applicant's grant of time extension shall be on a form provided by the Borough.
(5) 
All pertinent agreements, contracts, fees and contributions shall be satisfactorily completed, paid and/or executed by the applicant prior to municipal approval. Failure to comply will delay municipal approval and the release of the plans for recording.
(6) 
The decision of the Borough Council shall be in writing and any conditions for approval must be clearly stated and shall be communicated to the applicant personally or mailed to the applicant at the address shown on the application form not later than 15 days following the decision, or at the end of the above-mentioned ninety-day review period, whichever shall occur first.
(7) 
In the event the final plan is not approved in terms as filed, the decision shall specify the defects found in the final plan and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.
(8) 
Every final plan approval shall be subject to the following conditions:
(a) 
The applicant shall execute a subdivision and land development agreement in accordance with § 400-17 herein.
(b) 
The applicant shall execute a completion guarantee in accordance with § 400-47 herein, where deemed applicable by the Borough Council.
(c) 
The applicant shall tender a deed of dedication to the Borough, if requested by the Borough Council, for public improvements, easements, and other appurtenances and improvements thereto, after such improvements are completed and such completion is certified by the Borough Engineer.
(d) 
The filing with the Borough copies of all required permits, approvals, agreements, clearances, and the like from all required governmental agencies (such as the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, and/or Berks County Conservation District), authorities (such as any municipal authorities) and companies (such as water companies or pipeline easement holders).
(9) 
For additional requirements on recording of final plans, see § 400-18 of this chapter.
A. 
Annexation plans.
(1) 
Where the sole purpose of the proposed plan is to annex a lot or parcel or portion thereof to an adjacent lot or parcel, the applicant may submit a final plan to the Borough for review, comment and approval.
(2) 
The proposed plan shall indicate that the purpose of the plan is for annexation purposes only. No new building lots are to be proposed as a result of this plan.
(3) 
The annexation plan shall be submitted and reviewed as a final plan in accordance with §§ 400-12 and 400-23 of this chapter.
(4) 
Annexation plans shall include a signature block for both the property owner of the land to be subdivided as well as for the owner of the property receiving the annexation parcel.
(5) 
Draft deed(s) of consolidation shall be submitted for Borough review and approval prior to their recording, with the recording of the approved annexation plan.
(6) 
After the annexation plan has been approved by the Borough, the plan shall be recorded in accordance with § 400-18 of this chapter.
B. 
Minor subdivision.
(1) 
Where the sole purpose of the proposed plan is to create no more than three residential parcels, lots, or tracts of land from the original tract of land and has adequate frontage on an improved public road, the applicant may submit a final plan to the Borough for review, comment and approval.
(2) 
The minor subdivision plan shall be submitted and reviewed as a final plan in accordance with § 400-23 of this chapter.
(3) 
After the minor subdivision plan has been approved by the Borough, the plan shall be recorded in accordance with § 400-18 of this chapter.
C. 
Revised plan of record. Any revision, replatting or resubdivision of land which includes changes to a recorded plan shall be considered a subdivision and shall comply with all regulations within this chapter, except that:
(1) 
Lot lines may be changed from those on a recorded plan, provided that in making such changes:
(a) 
No lot or tract of land shall be created that is smaller than the minimum dimensions required by the zoning district within which the lot or property is located, per Chapter 455, Zoning.
(b) 
Easements or rights-of-way shall not be changed.
(c) 
Street locations and block sizes shall not be changed.
(d) 
No lot shall be created which does not abut an existing or proposed street.
(e) 
Open space and recreational areas shall not be reduced.
(2) 
In every case wherein lot lines are changed as permitted above, the applicant shall:
(a) 
Prepare and submit a revised plan of record to the Borough for review, comment and approval. The revised plan of record shall be prepared and submitted as a final plan in accordance with § 400-23 of this chapter.
(b) 
The revised plan of record shall specifically identify the previous plan of record superseded, shall also contain the record references, and contain a note as to the changes from the previous record plan.
(c) 
After the revised plan of record has been approved by the Borough, the plan shall be recorded in accordance with § 400-18 of this chapter.
Unless specifically stated within this chapter, a land development plan shall comply with the standard preparation, submission, review and approval procedures of this chapter, excepting that should a preliminary land development plan be found to be in compliance with all zoning and subdivision and land development requirements and all outside permits have been secured, the Planning Commission may consider recommending a preliminary/final plan approval to the Borough Council.
A. 
The Borough Council has established by resolution a schedule of fees and a collection procedure for all applications and other matters pertaining to this chapter. Submission of a plan by an applicant constitutes the applicant's acknowledgement and consent to the provisions of the resolution.
B. 
The applicant is also required to pay any review fees required by any non-Borough reviewing/approval agency such as the Berks County Planning Commission, the Berks County Conservation District, and any other local, state and federal reviewing authority or agency whose review/approval of the proposed subdivision and/or land development plan is required by this chapter or by law.
C. 
The applicant shall pay to the Borough the appropriate nonrefundable filing fee, and an escrow deposit in accordance with the resolution prior to:
(1) 
Filing an informal sketch plan for which the applicant is requesting a review or comment letter by the Borough and the Borough consultants.
(2) 
Filing a preliminary plan.
(3) 
Filing a final plan (annexation plan, minor subdivision or revised record plan).
The proposed application shall not be considered by the Borough until all initial fees, costs, and escrow deposits are paid. Thereafter, as the escrow deposit is expended, the applicant shall make further deposits upon request notice from the Borough.
D. 
Invoices and request notices for additional deposits shall be submitted to the applicant on a thirty-day, monthly basis. All outstanding review fees, costs, and escrow deposits shall be paid to the Borough upon applicant's receipt of the invoice and/or notice. If the review fees and/or deposits are not paid at the time of the next submission and/or plan stage, the subdivision and/or land development plan will not be considered by Borough, unless the unpaid fees were disputed by the applicant within 100 days of their billing date.
E. 
Subsequent to a decision by the Borough on an application, the Borough shall submit to the applicant an invoice specifically designated as a final bill. The final bill shall include all fees and for work performed to date, excluding the filing of the final approved plan with the Recorder of Deeds. At that time, any deposit remaining in the escrow account of the applicant with the Borough, not needed to pay the final bill, should be refunded to the applicant. If for any reason additional review is required subsequent to the final bill, the fees and costs shall be charged to the applicant as a supplement to the final bill.
A. 
The Borough Council may grant a modification (waiver) of the requirements of one or more provisions of this chapter if the literal compliance with mandatory provisions is shown to the satisfaction of the Borough to be unreasonable or cause undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest, that the purpose and intent of the ordinance is observed, and when an alternative standard can be demonstrated to provide equal or better results.
B. 
All requests for a modification (waiver) shall be in writing and shall accompany and be 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 ordinance involved and the minimum modification necessary.
C. 
The request for modification (waiver) shall be referred to the Planning Commission for advisory comments and recommendations.
D. 
Any modifications (waivers) granted by the Borough Council shall be included in a note on the title sheet of the final plan identifying the specific waiver and the date granted.
Every applicant who seeks to obtain final plan approval shall execute an agreement upon a form to be provided and approved by the Borough before the final plan is signed by the Borough Council, and recorded in accordance with § 400-18, herein, respectively. The agreement shall include, but not be limited to, the following, where applicable:
A. 
That the applicant agrees that he will accurately lay out and properly construct all improvements and fulfill all practices according to the plans, profiles, notes and other forms of documentation filed as part of the final plan as approved, where any or all of these improvements or practices are required as conditions of approval; and, that the applicant will find an as-built plan in accordance with § 400-19 herein to confirm same.
B. 
That the applicant shall complete the improvements and engage in the practices as referenced in Subsection A herein within the time or times specified by the Borough Council.
C. 
That the applicant guarantees completion and maintenance of all improvements by means of acceptable forms of financial security to the Borough as set forth in this chapter.
D. 
That the applicant agrees to tender a deed of dedication to the Borough, if requested by the Borough Council, for public improvements, easements and other appurtenances and improvements thereto, except that the Borough shall not accept any offer of dedication of same by ordinance or resolution until their completion is certified as being satisfactory by the Borough Engineer.
E. 
That the applicant shall comply fully with all of the terms and conditions of this chapter as the same relate to the subdivision or land development and all other Borough ordinances, codes, regulations, plans, and maps.
F. 
That the applicant, in the event that any proposed street not be intended to be offered for dedication or not accepted by the Borough Council, accept stipulations which shall be noted on the final plan, such as the following:
(1) 
That the Borough shall not be responsible for repairing, snow removal or otherwise maintaining any undedicated streets.
(2) 
That the method of assessing repair and maintenance costs of undedicated streets shall be established in recorded deed restrictions so as to be binding on all successors, assigns, or grantees.
(3) 
That if the dedication be sought at any time, the street shall conform in its entirety to Borough design standards for same in all respects; or, that the owners of the lots shown on the approved plan, at their own expense, restore the street to conform with or otherwise render the street in conformance such standards.
A. 
Within 90 days upon satisfaction of all plan approval conditions/requirements, the signed and sealed final plan (annexation plan, minor subdivision or revision to record plan) will be endorsed by the Borough and made ready for recording with the Berks County Recorder of Deeds. The recording of the approved plan will be made by Borough staff. The applicant will be responsible to provide the Borough with a check for the recording fee to be payable to the "Berks County Recorder of Deeds." After the recording, the Borough will retain four copies of the certified record plan. Any remaining additional certified copies will be provided to the applicant.
B. 
Notice to school district. Upon final approval of a residential development, Borough staff shall notify, in writing, the Superintendent of the Wyomissing Area School District within which the Borough of West Reading is located. The notice is to be provided on a monthly basis for all plans approved during the previous month. The notice shall include, but not be limited to, the location of the development, the number and type of units to be included in the development, and the expected construction schedule of the development.
C. 
The final plan to be recorded shall be an exact counterpart of the approved final plan prepared in accordance with the provisions of this chapter and shall be filed with the Recorder of Deeds before proceeding with the sale of lots or construction of buildings or other structures, or improvements.
A. 
After final plan approval and upon completion of all required improvements, the applicant shall submit to the Borough an as-built plan prepared by an engineer or surveyor showing the location, dimension and elevation of all improvements in accordance with §§ 400-24 and 400-49 herein.
B. 
The as-built plan shall indicate that the resultant grading, drainage, and sedimentation and erosion control practices are in conformance with the previously approved drawings and specifications. Said plan shall note any and all deviations from the previously approved drawings and specifications.
C. 
Two hard copies of the as-built plans along with one electronic copy shall be submitted to the Borough for its files.