B.
All subdivision plans and/or land development plans within the corporate limits of Muhlenberg Township shall be subject to the review of Muhlenberg Township and the Berks County Planning Commission, as well as all other local, county, state or federal agencies as deemed necessary by Muhlenberg Township, in accordance with the procedures specified within this Part 1 of this chapter of the Code.
C.
For all proposed
subdivision plans and/or land development plans, except those exempted
from standard procedures, a sketch plan, preliminary plan, and a final
plan must be submitted to Muhlenberg Township for review and consideration.
Those plans exempted from standard procedure shall comply with the
procedures identified under this part of this chapter of the Code.
A.
The Muhlenberg
Township Board of Commissioners shall have jurisdiction of subdivision
and land development activity within Muhlenberg Township. In order
to assist the Board of Commissioners in its consideration of all subdivision
plans and/or land development plans, the Board of Commissioners hereby
decrees that the Muhlenberg Township Planning Commission shall serve
the following functions:
(1)
All plans
proposing subdivision and/or land development, upon submission to
Muhlenberg Township, shall be referred to the Planning Commission
for review.
(2)
The Planning
Commission shall consider all plans, profiles, reports, and other
pertinent information that has been submitted by the applicant as
part of the subdivision plan and/or land development plan.
(3)
The Planning
Commission shall consider the review of any staff members or professional
consultants of Muhlenberg Township prior to issuing a recommendation
to the Board of Commissioners.
(4)
The Planning
Commission shall consider the review of the Berks County Planning
Commission, as well as other local, county, state and/or federal agencies,
of the plan prior to issuing a recommendation to the Board of Commissioners.
(5)
The Planning
Commission shall consider any written responses or requests issued
by the applicant prior to issuing a recommendation to the Board of
Commissioners.
(6)
Upon review
of the information submitted as part of the subdivision plan and/or
land development plan, the Planning Commission shall make recommendations
to the Board of Commissioners concerning the approval, conditional
approval, or disapproval of such subdivision plans and/or land development
plans.
(7)
Where appropriate,
the Planning Commission may also provide recommendations to the Board
of Commissioners or Zoning Hearing Board concerning the interpretation
of the Code.
B.
The Muhlenberg
Township Board of Commissioners shall consider the recommendations
offered by the Planning Commission prior to taking action on any proposed
subdivision plan and/or land development plan.
A.
A sketch plan
shall be considered as an unofficial submission to Muhlenberg Township
for the purposes of informal review and discussion between the applicant
and the Planning Commission.
B.
Although a sketch plan submission is not required, applicants are strongly encouraged to consult with the Muhlenberg Township prior to a formal application. For maximum usefulness, sketch plans should contain the information specified by § 310-24 of this part of this chapter of the Code.
C.
The applicant
shall meet with the Planning Commission at a regularly scheduled public
meeting or at a special public meeting to informally discuss the sketch
plan. As part of this process, the following issues should be discussed:
(1)
The compatibility
of the proposed development with the Muhlenberg Township Comprehensive
Plan.
(2)
The compatibility
of the proposed development with the Muhlenberg Township Code.
(4)
The conceptual
suitability of the proposed development, considering land use, community
facilities, utilities, transportation and other infrastructure needs.
D.
Based upon the
informal discussion at the public meeting, the Planning Commission
shall provide direction to the applicant considering the merits of
the sketch plan.
A.
When a preliminary
plan is required for a subdivision plan or land development plan,
the applicant or developer shall comply with the application and review
procedures which are hereby established within this part of this chapter
of the Code.
B.
The continuation
or validity of a current preliminary plan application or an approved
preliminary plan application shall be in accordance with provisions
established by the Muhlenberg Township Code and by the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
When filing a
preliminary plan for review and consideration, the applicant shall
make an official submission to the Muhlenberg Township Engineer or
his authorized representative at least seven days prior to the regularly
scheduled monthly meeting of the Muhlenberg Township Planning Commission.
D.
An official submission
of a preliminary subdivision plan and/or a preliminary land development
plan shall include the following information:
(1)
Four completed
copies of the application (refer to Appendix A) of a subdivision plan
or land development plan;
(2)
Four complete copies of the proposed preliminary plan, which shall comply with the requirements of § 310-25 of this part of this chapter of the Code. If requested by the Muhlenberg Township Engineer or his authorized representative, additional copies of the proposed preliminary plan shall be supplied to Muhlenberg Township.
(3)
Two complete copies of all other supportive plans, profiles, reports and other documentation as may be required under Articles IV and V of this part of this chapter of the Code. If requested by the Muhlenberg Township Engineer or his authorized representative, additional copies of all other supportive plans, profiles, reports and other documentation shall be supplied to Muhlenberg Township.
(4)
The filing
fees, as calculated by the Muhlenberg Township Engineer or his authorized
representative to cover all administrative costs and review fees,
as permitted under the provisions of the Pennsylvania Municipalities
Planning Code. The filing fees shall be established by the Board of
Commissioners and may be revised or amended by municipal ordinance
or resolution.
(5)
No application
shall be deemed filed and accepted for review until all information
required under this part of this chapter of the Code has been received,
the application fees have been fully paid, and any other administrative
requirements for submission have been met.
E.
Upon determination
that the application is complete by the Muhlenberg Township Engineer
or his authorized representative, copies of the proposed preliminary
plan shall be distributed as follows:
F.
At the discretion
of the Muhlenberg Township Planning Commission, Engineer or Zoning
Officer, additional copies of the proposed preliminary plan shall
be submitted and distributed as follows:
(1)
To the Muhlenberg
Township Parks and Recreation Department;
(2)
To the Muhlenberg
Township Public Works Department;
(3)
To the Muhlenberg
Township Municipal Authority;
(4)
To the appointed
or designated professional consultants of Muhlenberg Township;
(5)
To the Pennsylvania
Department of Transportation;
(6)
To the Pennsylvania
Department of Environmental Protection;
(7)
To the Berks
County Soil Conservation District;
(8)
To the Muhlenberg
School District;
(9)
To the Muhlenberg
Township Emergency Management Coordinator;
(10)
To the
Muhlenberg Township Sewage Enforcement Officer; and
(11)
To other
local, county, state or federal agencies that are considered appropriate
by Muhlenberg Township to review the proposed preliminary plan.
G.
No application shall be deemed filed and accepted for review until all supplementary data, reports and studies as may be required under Articles IV and V of this Part 1 of this chapter of the Code have been received, application fees have been fully paid, and any other requirements for submission specified herein have been met.
H.
The Muhlenberg
Township Engineer and Zoning Officer shall review the preliminary
plan to determine if it conforms with the provisions of the Muhlenberg
Township Code. The Muhlenberg Township Engineer and Zoning Officer
may recommend changes, alterations or modifications, as they may deem
necessary. The review or report of the Muhlenberg Township Engineer
and Zoning Officer shall be in writing and shall be submitted to the
Muhlenberg Township Planning Commission for consideration at a regularly
scheduled public meeting or special public meeting.
I.
The Berks County
Planning Commission shall review the preliminary plan to determine
if it conforms with local, county, state and federal provisions, as
further outlined within the Pennsylvania Municipalities Planning Code.
The Berks County Planning Commission may recommend changes, alterations
or modifications, as it may deem necessary. The review or report of
the Berks County Planning Commission shall be in writing and shall
be submitted to the Muhlenberg Township Planning Commission for consideration
at a regularly scheduled public meeting or special public meeting.
J.
Where considered
appropriate by the Muhlenberg Township Planning Commission, Engineer
or Zoning Officer, the proposed preliminary plan shall be reviewed
by the appropriate professional consultants to Muhlenberg Township,
who may provide engineering, architectural, planning and/or legal
advice to Muhlenberg Township. If requested, the review or report
of the professional consultants shall be in writing and shall be submitted
to the Muhlenberg Township Planning Commission for consideration at
a regularly scheduled public meeting or special public meeting.
K.
Where considered
appropriate by the Muhlenberg Township Planning Commission, Engineer
or Zoning Officer, the proposed preliminary plan shall be reviewed
by other local, county, state or federal agencies, as identified under
this part of this chapter of the Code. If requested, the review or
report of the local, county, state or federal agencies shall be in
writing and shall be submitted to the Muhlenberg Township Planning
Commission for consideration at a regularly scheduled public meeting
or special public meeting.
L.
When a preliminary
plan has been officially accepted for review by Muhlenberg Township,
such preliminary plan shall be reviewed by the Planning Commission
at its next regularly scheduled public meeting or, at the discretion
of the Planning Commission, at a special public meeting. During the
review of the preliminary plan, the Planning Commission shall consider
the written reports of the Muhlenberg Township Engineer, Zoning Officer,
professional consultants and Berks County Planning Commission, as
well as other local, county, state or federal agencies that have been
requested to review the preliminary plan.
M.
Upon consideration
of the written reports, the Planning Commission shall make a formal
recommendation concerning the status of the preliminary plan to the
Board of Commissioners. The recommendation shall be forwarded to the
Board of Commissioners within 90 days from the date the preliminary
plan was officially accepted for review by Muhlenberg Township.
N.
During the course
of the review of the preliminary plan by the Planning Commission and
prior to any action by the Board of Commissioners within the required ninety-day
period, the proposed preliminary plan may be revised by the applicant.
Upon the submission of a revised plan, containing substantial or material
revisions, to bring the prior plan into compliance with zoning and
subdivision and land development requirements, a new ninety-day time
period for formal review and decision 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. The revised
plans shall be submitted to the Township no later than 21 calendar
days prior to a regularly scheduled meeting of the Planning Commission.
[Amended 6-17-2019 by Ord. No. 579]
O.
Following the
review of the preliminary plan and the accompanying reports and recommendations
issued by the Muhlenberg Township Planning Commission, Engineer, Zoning
Officer, professional consultants and Berks County Planning Commission,
as well as other local, county, state or federal agencies that have
been requested to review the preliminary plan, the Board of Commissioners
shall approve, approve with conditions, or reject the proposed preliminary
plan. Conditions for approval must be clearly stated in writing or
by resolution. If rejected, the Board of Commissioners shall specify
the reasons for rejection of the preliminary plan, including citation
of or reference to the pertinent sections of the Muhlenberg Township
Code.
P.
The decision
of the Board of Commissioners shall be rendered no later than 90 days
after the date of the regular Planning Commission meeting next following
the date upon which the applicant has made a complete submission to
Muhlenberg Township. However, if the next regular meeting of the Planning
Commission is more than 30 days after the submission date, the first
day of the ninety-day review period shall commence on the 30th day
after a complete submission has been given by the applicant. This
review period may be extended by mutual agreement of the applicant
and Muhlenberg Township.
Q.
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 considered
by Muhlenberg Township as outlined under this chapter of the Muhlenberg
Township Code.
R.
Where a conflict
or discrepancy should arise concerning the procedural requirements
specified within this chapter of the Muhlenberg Township Code and
the Pennsylvania Municipalities Planning Code, the Muhlenberg Township
Solicitor shall review the conflict or discrepancy and advise the
Board of Commissioners, Planning Commission, Engineer and Zoning Officer
of the procedural requirements that should be followed.
S.
The provisions
established for administration and enforcement under this chapter
of the Muhlenberg Township Code shall be subject to the interpretation
of the Muhlenberg Township Board of Commissioners, Planning Commission
and/or Engineer. Should a dispute arise concerning the interpretation
of these regulations, the person aggrieved by the interpretation may
file an appeal with the Board of Commissioners. In all cases, the
burden of proof and submission of technical evidence shall be the
responsibility of the applicant or person appealing the interpretation
of the Muhlenberg Township Board of Commissioners, Planning Commission
and/or Engineer.
A.
When a final plan is required for a subdivision plan or land development plan, the applicant or developer shall comply with the application and review procedures which are hereby established within this Part 1 of this chapter of the Code.
C.
Where a final
plan application is preceded by a preliminary plan application, the
applicant shall submit the final subdivision plan or final land development
plan within 12 months of the approval of the preliminary plan by the
Board of Commissioners. An extension of time may be granted to the
applicant if the request has been made in writing and provided that
extenuating conditions prevent the applicant from submitting a final
plan for municipal review and consideration. The length and terms
of the time extension shall be subject to the review and approval
of the Board of Commissioners. However, if the time period between
the approval date of the preliminary plan and the application date
of the final plan extends beyond the extension date specified by the
Board of Commissioners, the applicant shall file a new preliminary
plan in accordance with the provisions of this part of this chapter
of the Code.
D.
Where a final
plan application is preceded by a preliminary plan application, Muhlenberg
Township may permit the submission of a final subdivision plan or
final land development plan in phases or sections, provided that such
submission covers at least 25% of the overall development or a reasonable
portion of the approved preliminary plan as considered appropriate
by the Muhlenberg Township Board of Commissioners, Planning Commission
and Engineer.
E.
When filing a
final plan for review and consideration, the applicant shall make
an official submission to the Muhlenberg Township Engineer or his
authorized representative at least seven days prior to the regularly
scheduled monthly meeting of the Muhlenberg Township Planning Commission.
F.
An official submission
of a final subdivision plan and/or a final land development plan shall
include the following information:
(2)
Four complete copies of the proposed final plan, which shall comply with the requirements of § 310-26 of this part of this chapter of the Code. If requested by the Muhlenberg Township Engineer or his authorized representative, additional copies of the proposed final plan shall be supplied to Muhlenberg Township.
(3)
Two complete copies of all other supportive plans, profiles, reports and other documentation as may be required under Articles IV and V of this Part 1 of this chapter of the Code. If requested by the Muhlenberg Township Engineer or his authorized representative, additional copies of all other supportive plans, profiles, reports and other documentation shall be supplied to Muhlenberg Township.
(4)
The filing
fees, as calculated by the Muhlenberg Township Engineer or his authorized
representative to cover all administrative costs and review fees as
permitted under the provisions of the Pennsylvania Municipalities
Planning Code. The filing fees shall be established by the Board of
Commissioners and may be revised or amended by municipal ordinance
or resolution.
(5)
No application
shall be deemed filed and accepted for review until all information
required under this part of this chapter of the Code have been received,
the application fees have been fully paid, and any other administrative
requirements for submission have been met.
G.
Upon determination
by the Muhlenberg Township Engineer or his authorized representative
that the application is complete, copies of the proposed final plan
shall be distributed as follows:
H.
At the discretion
of the Muhlenberg Township Planning Commission, Engineer or Zoning
Officer, additional copies of the proposed final plan shall be submitted
and distributed as follows:
(1)
To the Muhlenberg
Township Parks and Recreation Department;
(2)
To the Muhlenberg
Township Public Works Department;
(3)
To the Muhlenberg
Township Municipal Authority;
(4)
To the appointed
or designated professional consultants of Muhlenberg Township;
(5)
To the Pennsylvania
Department of Transportation;
(6)
To the Pennsylvania
Department of Environmental Protection;
(7)
To the Berks
County Soil Conservation District;
(8)
To the Muhlenberg
School District;
(9)
To the Muhlenberg
Township Emergency Management Coordinator;
(10)
To the
Muhlenberg Township Sewage Enforcement Officer; and
(11)
To other
local, county, state or federal agencies that are considered appropriate
by Muhlenberg Township to review the proposed final plan.
I.
No application shall be deemed filed and accepted for review until all supplementary data, reports and studies as may be required under Articles IV and V of this part of this chapter of the Code have been received, application fees have been fully paid, and any other requirements for submission specified herein have been met.
J.
The Muhlenberg
Township Engineer and Zoning Officer shall review the final plan to
determine if it conforms with the provisions of the Muhlenberg Township
Code. The Muhlenberg Township Engineer and Zoning Officer may recommend
changes, alterations or modifications, as they may deem necessary.
The review or report of the Muhlenberg Township Engineer and Zoning
Officer shall be in writing and shall be submitted to the Muhlenberg
Township Planning Commission for consideration at a regularly scheduled
public meeting or special public meeting.
K.
If considered
appropriate by the Muhlenberg Township Planning Commission, Engineer
or Zoning Officer, the proposed final plan shall be issued to the
Berks County Planning Commission for its review to determine if it
conforms with local, county, state and federal provisions, as further
outlined within the Pennsylvania Municipalities Planning Code. The
Berks County Planning Commission may recommend changes, alterations
or modifications, as it may deem necessary. The review or report of
the Berks County Planning Commission shall be in writing and shall
be submitted to the Muhlenberg Township Planning Commission for consideration
at a regularly scheduled public meeting or special public meeting.
L.
Where considered
appropriate by the Muhlenberg Township Planning Commission, Engineer
or Zoning Officer, the proposed final plan shall be reviewed by the
appropriate professional consultants of Muhlenberg Township, who may
provide engineering, architectural, planning and/or legal advice to
Muhlenberg Township. If requested, the review or report of the professional
consultants shall be in writing and shall be submitted to the Muhlenberg
Township Planning Commission for consideration at a regularly scheduled
public meeting or special public meeting.
M.
Where considered
appropriate by the Muhlenberg Township Planning Commission, Engineer
or Zoning Officer, the proposed final plan shall be reviewed by other
local, county, state or federal agencies, as identified under this
part of this chapter of the Code. If requested, the review or report
of the local, county, state or federal agencies shall be in writing
and shall be submitted to the Muhlenberg Township Planning Commission
for consideration at a regularly scheduled public meeting or special
public meeting.
N.
When a final
plan has been officially accepted for review by Muhlenberg Township,
such final plan shall be reviewed by the Planning Commission at its
next regularly scheduled public meeting or, at the discretion of the
Planning Commission, at a special public meeting. During the review
of the final plan, the Planning Commission shall consider the written
reports of the Muhlenberg Township Engineer, Zoning Officer, professional
consultants and Berks County Planning Commission, as well as other
local, county, state or federal agencies that have been requested
to review the final plan.
O.
Upon consideration
of the written reports, the Planning Commission shall make a formal
recommendation concerning the status of the final plan to the Board
of Commissioners. The recommendation shall be forwarded to the Board
of Commissioners within 90 days from the date the final plan was officially
accepted for review by Muhlenberg Township.
P.
During the course
of the review of the final plan by the Planning Commission and prior
to any action by the Board of Commissioners within the required ninety-day
period, the proposed final plan may be revised by the applicant. Upon
the submission of a revised plan, containing substantial or material
revisions, to bring the prior plan into compliance with zoning and
subdivision and land development requirements, a new ninety-day time
period for formal review and decision 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. The revised
plans shall be submitted to the Township no later than 21 calendar
days prior to a regularly scheduled meeting of the Planning Commission.
[Amended 6-17-2019 by Ord. No. 579]
Q.
Following the
review of the final plan and the accompanying reports and recommendations
issued by the Muhlenberg Township Planning Commission, Engineer, Zoning
Officer, professional consultants and Berks County Planning Commission,
as well as other local, county, state or federal agencies that have
been requested to review the final plan, the Board of Commissioners
shall approve, approve with conditions, or reject the proposed final
plan. Conditions for approval must be clearly stated in writing or
by resolution. If rejected, the Board of Commissioners shall specify
the reasons for rejection of the final plan, including citation of
or reference to the pertinent sections of the Muhlenberg Township
Code.
R.
The decision
of the Board of Commissioners shall be rendered no later than 90 days
after the date of the regular Planning Commission meeting next following
the date upon which the applicant has made a complete submission to
Muhlenberg Township. However, if the next regular meeting of the Planning
Commission is more than 30 days after the submission date, the first
day of the ninety-day review period shall commence on the 30th day
after a complete submission has been given by the applicant. This
review period may be extended by mutual agreement of the applicant
and Muhlenberg Township.
S.
The decision
of the Board of Commissioners shall be in writing or by resolution
and shall be issued to the applicant within 15 days following the
decision.
T.
The approved final plan shall be recorded with the Berks County Recorder of Deeds in accordance with the provisions of § 310-21 of this chapter of the Muhlenberg Township Code.
U.
Where a conflict
or discrepancy should arise concerning the procedural requirements
specified within this chapter of the Muhlenberg Township Code and
the Pennsylvania Municipalities Planning Code, the Muhlenberg Township
Solicitor shall review the conflict or discrepancy and advise the
Board of Commissioners, Planning Commission, Engineer and Zoning Officer
of the procedural requirements that should be followed.
V.
The provisions
established for administration and enforcement under this chapter
of the Muhlenberg Township Code shall be subject to the interpretation
of the Muhlenberg Township Board of Commissioners, Planning Commission
and/or Engineer. Should a dispute arise concerning the interpretation
of these regulations, the person aggrieved by the interpretation may
file an appeal with the Board of Commissioners. In all cases, the
burden of proof and submission of technical evidence shall be the
responsibility of the applicant or person appealing the interpretation
of the Muhlenberg Township Board of Commissioners, Planning Commission
and/or Engineer.
A.
Annexation plans.
Where the sole purpose of the proposed plan is to annex a lot or parcel
to an adjacent lot or parcel, the applicant shall follow the following
procedures:
(2)
The proposed
annexation plan shall indicate that the purpose of the plan is for
annexation purposes only and that no new building lots are proposed
as a result of this plan.
(3)
Where appropriate,
the lots or parcels of land affected by the annexation shall be joined
as a common deed and new deed descriptions shall be prepared for recording
purposes.
(4)
Prior to
final plan approval, the applicant shall pay all municipal fees and
contributions resulting from the annexation plan.
B.
Revised plan
of record. Any revision, replatting or resubdivision of land which
includes changes to the approved final and recorded plan shall be
considered a revised plan of record, which shall be prepared in accordance
with the following procedures:
(2)
Lot lines changed from those on the approved final and recorded plan may be considered, provided that, in making such changes, no lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 355, Zoning, of the Code; the easements or rights-of-way shall not be changed; the street locations and block sizes shall not be changed; no lot or tract of land shall be created that does not have proper access or abut an existing or proposed street; the area devoted to open space and recreational areas shall not be reduced.
(3)
The revised
plan of record shall specifically identify that this plan shall supersede
the previously approved final and recorded plan considering the following
references or revisions.
(4)
Prior to
final plan approval, the applicant shall pay all municipal fees and
contributions resulting from the revised plan of record.
C.
Minor subdivision
plans. Where the sole purpose of the proposed plan is to create three
or fewer lots with minor improvements or related impacts, a minor
subdivision plan shall be prepared in accordance with the following
procedures:
(1)
The applicant shall meet with the Muhlenberg Township Engineer and Zoning Officer to determine if the subdivision will involve minor improvements or related impacts. If determined by the Muhlenberg Township Engineer and Zoning Officer that the proposed subdivision will result in major improvements or related impacts, the applicant shall comply with the standard application procedures established within this Part 1 of this chapter of the Code.
(3)
Prior to
final plan approval, the applicant shall pay all municipal fees and
contributions resulting from the minor subdivision plan.
D.
Minor land development
plans. Where the sole purpose of the proposed plan is to develop a
lot or tract of land with minor improvements or related impacts, a
minor land development plan shall be prepared in accordance with the
following procedures:
(1)
The applicant shall meet with the Muhlenberg Township Engineer and Zoning Officer to determine if the land development plan will involve minor improvements or related impacts. As a general guideline, the development of a property involving the construction, expansion or redevelopment of less than 5,000 square feet of building space and/or the disturbance of less than 10,000 square feet of land area could qualify the development as a minor land development plan. If determined by the Muhlenberg Township Engineer and Zoning Officer that the proposed land development plan will result in major improvements or related impacts, the applicant shall comply with the standard application procedures established within this Part 1 of this chapter of the Code.
(3)
Prior to
final plan approval, the applicant shall pay all municipal fees and
contributions resulting from the minor land development plan.
A.
Unless specifically stated within this Part 1 of this chapter of the Code, a complete land development plan shall be prepared and submitted to Muhlenberg Township for review and consideration. A complete land development plan shall accurately show lot lines, easements, rights-of-way, streets, utilities, municipal improvements and other features required by this part of this chapter of the Code. All such preliminary and final land development plans shall be prepared to comply with the standard review and submission procedures established under this part of this chapter of the Code.
A.
The Muhlenberg Township Board of Commissioners has established, by municipal resolution or ordinance, a fee schedule for the submission and processing of all applications pertaining to this Part 1 of this chapter of the Code. The proposed application shall not be considered by Muhlenberg Township until all pertinent fees are paid in full. All such fees shall be utilized to pay for all administrative costs as well as all review fees for any professional consultants designated by Muhlenberg Township, as authorized by law.
B.
The applicant
shall be required to pay any review fees required by the Berks County
Planning Commission as well as any other local, state, county or federal
agency which has been requested to review the proposed application
in accordance with the provisions established by this part of this
chapter of the Code.
C.
If the expenses
incurred by Muhlenberg Township for the review of an application exceed
the total fees that have been paid by the applicant, such excess expenses
shall be paid by the applicant prior to the release of the final plans
by Muhlenberg Township.
A.
The provisions of this Part 1 of this chapter of the Code are intended as minimum standards for the protection of the public health, safety, convenience and general welfare of the residents and landowners of Muhlenberg Township. At the discretion of the Board of Commissioners, these provisions may be waived or modified on a case-by-case basis and where deemed necessary in the public interest, provided that such modification shall not have the effect of nullifying the purpose and intent of this part of this chapter of the Code.
B.
If the literal compliance with any mandatory provision of this Part 1 of this chapter of the Code is shown by the applicant to be unreasonable and causes undue hardship to his property, the Board of Commissioners may grant a waiver of such mandatory provision. As part of this procedure, the applicant shall submit a written waiver request to the Planning Commission for review and comment. The waiver request shall reference the applicable section of this Part 1 of this chapter of the Code and indicate the reason or purpose for such a request. The Planning Commission shall provide a recommendation to the Board of Commissioners for each waiver requested by the applicant. The Planning Commission and Board of Commissioners shall consider all waiver requests at a regularly scheduled public meeting or at a special public meeting.
C.
The list of such
modifications shall be entered in the minutes of the Muhlenberg Township
Planning Commission and Board of Commissioners. In addition, the waiver
shall be clearly identified on the proposed plan.
A.
After the completion of the procedures required within this Part 1 of this chapter of the Code, the Muhlenberg Township Planning Commission shall place its endorsement on at least five copies of the approved final plan which is to be considered by the Muhlenberg Township Board of Commissioners and recorded with the Berks County Recorder of Deeds. The approved plans shall be dated and signed by at least a majority of the members on the Planning Commission.
B.
After the completion of the procedures required within this Part 1 of this chapter of the Code, Muhlenberg Township Board of Commissioners shall place its endorsement on at least five copies of the approved final plan which is to be recorded. The plans shall be dated, sealed and signed by at least a majority of the Board of Commissioners.
C.
No changes, erasures,
modifications or revisions shall be made to any approved final plan
after it has been endorsed by the Muhlenberg Township Board of Commissioners,
unless the approved plan has been resubmitted to Muhlenberg Township
for review and consideration as required within this part of this
chapter of the Code.
D.
After the approved
final plan has been properly endorsed by the Muhlenberg Township Planning
Commission and Board of Commissioners, the applicant shall submit
the approved final plans to the Berks County Planning Commission for
its endorsement. No plan may be legally recorded unless such plan
has been properly endorsed by Muhlenberg Township and the Berks County
Planning Commission.
E.
After the approved
final plan has been properly endorsed by Muhlenberg Township and the
Berks County Planning Commission, the applicant shall record the approved
final plans with the Berks County Recorder of Deeds within 90 days
of the date the approved final plan was endorsed by Muhlenberg Township.
If the applicant fails to record the approved final plan within the
ninety-day time period, the action of Muhlenberg Township shall become
null and void.
F.
After the approved
final plan has been recorded with the Berks County Recorder of Deeds,
the applicant shall provide Muhlenberg Township with one certified
copies of the recorded plan plus one copy of the approved plan in
an electronic format acceptable to the Muhlenberg Township Engineer
or his authorized representative.
A.
The decisions
of the Muhlenberg Township Board of Commissioners may be appealed
in accordance with the provisions of the Muhlenberg Township Code
and the Pennsylvania Municipalities Planning Code.
