A. 
In order to discharge the duties imposed by law, the Township has adopted the following procedures which shall be observed by all applicants, developers, and their agents.
B. 
Application for approval of preliminary or final plans shall be acted upon by the Board of Commissioners within 90 days. The ninety-day review period shall begin with the next regular Planning Commission meeting following plan acceptance or within a thirty-day period, whichever occurs first. The decision of plan approval or denial shall be communicated to the applicant in writing no later than 15 days following the decision, but not later than 90 days from the beginning of the reviewing period.
C. 
The presentation of a preliminary plan and final plan shall each be considered a separate submission, and the maximum review period may be considered for each such plan.
D. 
The submission of revised preliminary or final plans shall constitute a new and separate submission subject to the review procedures, fees, and time limitations set forth in this chapter.
E. 
All preliminary, final, and minor plans shall be prepared by an individual licensed in the Commonwealth of Pennsylvania and competent in preparation of subdivision and land development plans and shall bear their signature and seal.
F. 
The separate stages of approval include the submission of an optional sketch plan, a preliminary plan, and a final plan. These plans differ in their purpose and required level of detail. The table below indicates the recommended and required plans for the different types of submissions.
Type of Submission
Plan
Minor Subdivision
Major Subdivision
Land Development
Sketch
Recommended
Recommended
Recommended
Preliminary
Not Required
Required
Required
Final
Required
Required
Required
G. 
Use criteria; exceptions.
(1) 
Land developments meeting each of the subsequent criteria are subject to provisions of this chapter:
Use Criteria
All nonresidential uses
Performance subdivision (B4): multiplex, townhouse, weak-link townhouse, low-rise apartments, mid-rise apartments
Mobile home park (B6)
Retirement village (B7)
Group homes (88)
Size Criteria
Any man-made structure, facility, development, or land disturbance
(2) 
Exceptions. Land developments not meeting the above requirements may be subject to the provisions of this chapter if the Code Enforcement Officer determines that such land development may:
(a) 
Adversely affect existing drainage patterns.
(b) 
Create hazardous traffic patterns.
(c) 
Create violation of the Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. 691.1 et seq.
(d) 
Adversely affect the health, safety, and general welfare of the community.
A. 
Purpose. A sketch plan is an optional submission. It is offered to give the applicant an opportunity to consult early and informally in the plan preparation phase with the Municipality and the County Planning Commission. The purpose of this submission is to allow the Municipality and the applicant the opportunity to discuss items such as the lot layout, location of buildings, street layout, arrangement and location of open space, etc., before detailed engineering is done. The Municipality will comment on not only whether or not the sketch plan meets the objectives of the Township Ordinances, but also, if they feel it is consistent with sound planning and design principles. It is not intended in any way to replace the preliminary plan, but rather, to give the applicant guidance in preparing the much more detailed preliminary plan. Recommendations and comments made by the Township in response to sketch plan submission shall in no way be regarded as an official approval, and such action shall not grant legal rights to the applicant or immunity from full compliance with the requirements and procedures set forth for preliminary and final plans, and the ninety-day review procedure shall not apply.
B. 
Prior to the submission of a Preliminary Plan, applicants are very strongly encouraged to submit a Sketch Plan. A Sketch Plan Review often allows an applicant to save substantial time and engineering costs, because many concerns about layout and issues concerning Township Ordinances can be resolved prior to detailed engineering. This can often reduce the need for future redesign at a more detailed stage, thereby saving the applicant significant money and time.
(1) 
No official action is required on a sketch plan, so it will not delay the submittal of a preliminary plan.
C. 
Procedure. The following procedure is intended to provide the applicant with an orderly process whereby sketch plan proposals can be properly evaluated.
(1) 
Applicant submits seven copies of the sketch plan prepared in accordance with the submission guidelines and standards established in § 475-14 and as may be set forth elsewhere in this chapter.
(2) 
This step does require formal application, fee, and filing of a formal plan with the Township; and the applicant shall be responsible for any engineering fees incurred when the plan is reviewed by the Township Engineer.
(3) 
Upon submission of a sketch plan to the Township Secretary, the Township Secretary shall refer two copies thereof to the Township Planning Commission, one copy to the Township Zoning Officer, and one copy for Township Engineer; and two copies to the Berks County Planning Commission for their investigation and recommendations as to changes, alterations, and modifications, if any, which shall be contained in written reports. The seventh copy shall be retained for the permanent files and use by the Board of Commissioners.
(4) 
Pre-submission consultation. Applicants are encouraged to informally discuss their proposals with applicable Township Staff persons or other Township officials before preparing engineered plans.
(5) 
Site tour. Applicants are very strongly encouraged to cooperate in an on-site tour of the property by Township officials. See the language in the application form that requests permission for a site tour. This site tour should be scheduled as soon as possible after the applicant has provided copies of a map of existing conditions. At best, this would occur after a sketch plan has been submitted, but before preliminary plans have been completed. This site tour is intended to informally:
(a) 
Familiarize Township officials with the property's existing features, particularly including scenic views and the site's relationship to surrounding areas;
(b) 
Identify potential site design issues that will need to be addressed; and
(c) 
Discuss site design concepts, including the general layout of proposed development and open spaces.
(6) 
Comments made during the site visit shall not be binding upon the Township, and no formal action or recommendation shall be made during the site visit.
D. 
Review:
(1) 
Upon submission of a sketch plan, such plan shall be placed on the agenda of the Township Planning Commission for review at the second scheduled meeting, provided that such submission has occurred and taken place no less than 10 calendar days prior to such scheduled meeting.
(2) 
The Planning Commission shall discuss the plan at the public meeting, shall inform the applicant if the plans as submitted do or do not meet the objectives and requirements of this chapter, and shall recommend such changes and modifications as it shall deem necessary or advisable in the public interest.
(3) 
The review by the Township Planning Commission may provide the applicant with informal guidance at a stage when potential points of difference may be more easily resolved and save unnecessary expense and delay. However, the Township response shall in no way be an official approval of the plan.
A. 
Purpose. The purpose of the preliminary plan is to enable the Township to examine subdivision and land development proposals for compliance with zoning, subdivision and land development, and other Township ordinances prior to the submission of detailed engineering data and the improvement guarantees required at the final plan submission stage.
B. 
Procedure:
(1) 
All applications for Preliminary Plan approval shall be prepared and submitted in compliance with the submission requirements and standards established in § 475-15 and as may be set forth elsewhere in this chapter. See § 475-9 about the importance of first submitting a sketch plan, seeking a pre-submission conference with the Township, and conducting a site visit.
(2) 
The Township shall check the application for compliance with submission requirements as set forth in § 475-15 of this chapter. If the submission is incomplete, it shall not be accepted and shall be returned to the applicant immediately with the deficiencies noted.
(3) 
Distribution of plans. If the submission is accepted as complete, the copies of the plan are to be distributed as follows:
(a) 
Township Planning Commission: two copies.
(b) 
Township Zoning Officer: one copy.
(c) 
Township Engineer: one copy.
(d) 
Berks County Planning Commission: two copies.
(e) 
Township Board of Commissioners: one copy.
(f) 
Township Sewage Enforcement Officer: one copy.
(g) 
BMMA: one copy.
(h) 
Boyertown Water Authority: one copy.
(i) 
Met-Ed: one copy.
(j) 
PennDOT: one copy.
(k) 
Cable Television: one copy.
(l) 
Neighboring Municipalities: one copy.
(4) 
Site tour. Applicants are very strongly encouraged to cooperate in an on-site tour of the property by Township officials. See the language in the application form that requests permission for a site tour. This site tour should be scheduled as soon as possible after the applicant has provided copies of a map of existing conditions. At best, this would occur after a preliminary plan has been submitted, but before preliminary plans have been completed. This site tour is intended to informally:
(a) 
Familiarize Township officials with the property's existing features, particularly including scenic views and the site's relationship to surrounding areas;
(b) 
Identify potential site design issues that will need to be addressed; and
(c) 
Discuss site design concepts, including the general layout of proposed development and open spaces.
(5) 
Comments made during the site visit shall not be binding upon the Township, and no formal action or recommendation shall be made during the site visit.
C. 
Review. The Township Planning Commission shall, within 60 days following the start of the preliminary plan review period:
(1) 
Review the reports from the Berks County Planning Commission, Township Engineer, and other applicable reviewing agencies;
(2) 
Determine whether the preliminary plan meets the objectives and requirements of Township Ordinances; and
(3) 
Recommend approval or disapproval of the preliminary plan to the Board of Commissioners.
D. 
Action. Within the review period provided by § 475-8B, the Board of Commissioners shall:
(1) 
Review the recommendations of the Township Planning Commission, Township Engineer, Berks County Planning Commission, and other applicable reviewing agencies;
(2) 
Determine whether the preliminary plan meets objectives and requirements of Township Ordinances; and
(3) 
Approve or disapprove the preliminary plan.
(a) 
If approved, the Board of Commissioners shall express its approval as preliminary approval and state the conditions to be met prior to final approval, if any.
(b) 
If disapproved, the Board of Commissioners shall state the reasons for this action, citing specific sections in the applicable ordinances which the plan failed to meet.
(c) 
The decision of the Board of Commissioners shall be in writing and shall be mailed to the applicant (or his agent) at his last known address not later than 15 days following the decision.
E. 
Requirements for, effects, and limits of action:
(1) 
No plan shall be approved unless it conforms to the Township's official sewerage facilities plan and supplements and revisions thereto.
(2) 
Approval of the preliminary plan shall constitute preliminary approval of the subdivision or land development, but shall not authorize the sale of lots or construction of buildings or site development.
(3) 
If the preliminary plan is disapproved, the applicant may file a revised preliminary plan with the Township Secretary. The applicant shall be responsible for all review and engineering charges.
(4) 
If the preliminary plan is approved, a Final Plan and all necessary supplementary data shall be officially submitted to the Township within 12 months of the Township's approval. An extension of time may be granted by the Township Board of Commissioners upon written request; otherwise, the plan submitted may be considered as a new Preliminary Plan.
A. 
Purpose. The purpose of the final plan is to provide a means for the applicant to guarantee that Township standards have been met in design and that required improvements will be made prior to official approval and recording of the plan.
B. 
Procedure:
(1) 
All applications for Final Plan approval shall be prepared and submitted in compliance with submission requirements and standards established in § 475-16 and as may be set, forth elsewhere in this chapter. In addition, the plan shall be in conformance with all revisions required by the Township at the time of granting of preliminary approval.
(2) 
The Township shall check the application for compliance with submission requirements set forth in § 475-16 of this chapter. If the submission is incomplete, it shall not be accepted and shall be returned to the applicant immediately with the deficiencies noted.
(3) 
The applicant shall submit soil erosion and sedimentation control plan with fee and application form to Berks County Conservation District.
(4) 
Distribution of plans. If the submission is accepted as complete, the copies of the plan are to be distributed as follows:
(a) 
Township Planning Commission: two copies.
(b) 
Township Zoning Officer: one copy.
(c) 
Township Engineer: one copy.
(d) 
Berks County Planning Commission: two copies.
(e) 
Township Board of Commissioners: one copy.
(f) 
Township Solicitor: one copy.
(g) 
Township SEO or BMMA: one copy.
C. 
Review. The Township Planning Commission shall, within 60 days of the start of the final plan review period:
(1) 
Review the reports from the Berks County Planning Commission, Township Engineer, Berks County Conservation District, and other applicable reviewing agencies;
(2) 
Determine whether the final plan meets the objectives and requirements of Township Ordinances; and
(3) 
Recommend approval or disapproval of the final plan to the Board of Commissioners.
D. 
Action. Within the review period provided by § 475-8B, the Board of Commissioners shall:
(1) 
Review the recommendations of the Township Planning Commission, Township Engineer, Berks County Planning Commission, Berks County Conservation District, and other applicable agencies;
(2) 
Determine whether the final plan meets the objectives and requirements of Township Ordinances and stated terms of preliminary approval; and
(3) 
Approve or disapprove the final plan.
(a) 
If approved, the Board of Commissioners shall express its approval and state any conditions required to be accomplished prior to recording of the plan.
(b) 
If disapproved, the governing body shall state the reasons for the action, citing specific sections in the applicable ordinances which the plan failed to meet.
(c) 
The decision of the Board of Commissioners shall be in writing and shall be mailed to the applicant (or his agent) at his last known address not later than 15 days following the decision.
E. 
Requirements for, effects, and limits of action:
(1) 
The final plan must be based on an approved Preliminary Plan. No Final Plan shall be approved that deviates substantially from an approved Preliminary Plan and conditions attached thereto, including, but not limited to, changes in elements of proposed use, density, road alignment, layout and character of lots, open space, and housing types.
(2) 
No plan shall be finally approved unless streets shown on the plan have been improved and all other improvements required by this chapter, including, but not limited to, sidewalks, curbs, storm drains, streetlights, fire hydrants, trees, water mains, and sanitary sewers have been installed in accordance with the provisions enacted herein. In lieu of completion of any improvements required as a condition of final approval, the applicant may enter into a contract with the Township to guarantee completion of such improvements as set forth in § 475-67 of this chapter.
A. 
Purpose. The purpose of this section is to provide a simplified procedure by which minor subdivisions may be submitted and approved.
B. 
General. The provisions of this section shall not apply to any subdivision which does not meet the definition of minor subdivision (set forth in § 475-7).
C. 
Procedure:
(1) 
All applications for Minor Subdivisions shall be prepared in compliance with the submission requirements and standards established in § 475-17 and as may be set forth elsewhere in this chapter.
(2) 
The Township shall check the application for compliance with submission requirements set forth in § 475-17 of this chapter. If the submission is incomplete, it shall not be accepted and shall be returned to the applicant immediately with deficiencies noted.
(3) 
Distribution of plans. If the submission is accepted as complete, the copies of the plan are to be distributed as follows:
(a) 
Township Planning Commission: two copies.
(b) 
Township Zoning Officer: one copy.
(c) 
Berks County Planning Commission: two copies.
(d) 
Township Board of Commissioners: one copy.
(e) 
Boyertown Water Authority: one copy.
(f) 
Neighboring Municipalities: one copy.
(g) 
Township SEO or BMMA: one copy.
(h) 
Township Engineer: one copy.
(i) 
Township Solicitor: one copy.
D. 
Review. The Township Planning Commission shall, within 60 days following the start of the review period of the Minor Subdivision Final Plan:
(1) 
Review the reports from the Berks County Planning Commission, Township Engineer and other applicable reviewing agencies;
(2) 
Determine whether the plan meets the objectives and requirements of Township ordinances; and
(3) 
Recommend approval or disapproval of the plan in a written report to the Township governing body.
E. 
Action. Within the review period provided by § 475-8B, the Board of Commissioners shall:
(1) 
Review the reports of the Township Planning Commission, Township Engineer, Berks County Planning Commission and other applicable reviewing agencies;
(2) 
Determine whether the plan meets the objectives and requirements of Township ordinances; and
(3) 
Approve or disapprove the minor subdivision plan. If approved, the Board of Commissioners shall express its approval and state any conditions required to be accomplished prior to recording of the plan.
(a) 
If disapproved, the governing body shall state the reasons for this action, citing specific sections in the applicable ordinances which the plan failed to meet.
(b) 
The decision of the Township shall be in writing and shall be mailed to the applicant (or his agent) at his last known address not later than 15 days following the decision or within 90 days of the start of the review period, or whichever is sooner.
A. 
After completion of the procedures required by this chapter, and after approval action by the Township Board of Commissioners and the Township Planning Commission, and review action by the County Planning Commission, such endorsements shall be so indicated on the record plan and on as many other copies of the final plan as may be desired. No subdivision plan may be legally recorded unless it bears municipal and county endorsements and the corporate seal of the Municipality.
B. 
The record plan shall be a clear and legible black-on-white print and one electronic version shall also be provided.
C. 
After the final plan has been approved by the appropriate Township authorities and before the final plan is endorsed by the Township authorities, the Township shall receive one reproduction of the final plan as approved for their permanent files.
D. 
Before the plan is submitted for endorsement by the County Planning Commission, two copies of black-an-white prints of the final plan as reviewed (not including street profiles and other data on separate sheets) shall be submitted to the County Planning Commission for its permanent records.
E. 
After endorsement by the Township and the County Planning Commission, the subdivider shall file the record plan with the County Recorder of Deeds within 90 days of the date of final approval by the Township. If the subdivider fails to record the final plan within such period, the action of the Township shall be null and void, unless an extension of time is granted in writing by the Township upon written request by the subdivider.