An ordinance establishing regulations, specifications and restrictions for the subdivision and development of land within the Muhlenberg Township, Berks County, Pennsylvania, and for said purposes establishing application procedures, plan requirements, design standards, improvement specifications, and providing for the administrative enforcement and amendment provisions in accordance with the Pennsylvania Municipalities Planning Code, as amended.
This Part 1 of this chapter of the Muhlenberg Township Code was originally comprehensively revised as part of Muhlenberg Township Ordinance 404 in order to implement the goals, objectives and policies of the Muhlenberg Township Comprehensive Plan of 2003.
The Muhlenberg Township Subdivision and Land Development Ordinance has been subsequently amended and codified through Muhlenberg Township Ordinance 466, adopted on January 19, 2009.
This chapter has been adopted in accordance with the requirements of the Pennsylvania Municipalities Planning Code, PA Act 247, as amended, with the goals, objectives and policies established within the Muhlenberg Township Comprehensive Plan (adopted in October of 2003), and with consideration for the character of Muhlenberg Township and its capacity to accommodate growth, development and redevelopment. In addition to implementing the Muhlenberg Township Comprehensive Plan, the purpose of this chapter is designed:
To create and maintain conditions that are favorable to the health, safety and general welfare of the residents of Muhlenberg Township.
To identify, protect and preserve the physical and environmental amenities within Muhlenberg Township.
To provide opportunities for growth and development by considering environmental limitations, existing land uses, infrastructure, and the suburban characteristics of Muhlenberg Township.
To provide for a system of open space through the preservation of floodplains, steep slopes, wooded areas and farmlands, providing areas for passive and active recreation.
To achieve and sustain a high quality natural resource system (water, biotic, land and air) to protect public health and safety, and to support and protect a diversity of ecosystems.
To conserve and enhance scenic resources that reflect the natural, historical and cultural heritage within Muhlenberg Township.
To provide for the orderly, efficient, integrated, and harmonious development of land within Muhlenberg Township that will meet the needs of existing and future residents.
To provide for the efficient and orderly extension of community facilities and services which meet the needs of the community while staying within the fiscal budget limitations of Muhlenberg Township.
To provide parks, recreation facilities and open space areas which meet the needs of the residents within the community and the region.
To improve, maintain and plan sanitary sewage disposal facilities and water supply facilities in an effort to meet the needs of the community, protect the environment and support development consistent with land use plans.
To ensure basic utility services and facilities to service all existing and prospective uses within Muhlenberg Township.
To plan, design, construct and maintain a safe, efficient and diversified transportation system which optimizes mobility, strengthens the economy and protects the environment.
To achieve a high level of intergovernmental planning by coordinating efforts with local and regional groups within the public and private sectors.
To assure the equitable and just processing of subdivision and land development plans by providing uniform procedures and standards for observance by both the applicant and municipal officials.
To ensure that all subdivision and land development applications are consistent with the goals, objectives and policies of the Muhlenberg Township Comprehensive Plan.
To ensure that all subdivision and land development applications are consistent with the provisions of the Muhlenberg Township Code.
This chapter attempts to emulate through its regulations the goals, objectives and policies of the Muhlenberg Township Comprehensive Plan. These regulations have been established with considerations to the physical characteristics, population trends, housing characteristics, existing land use characteristics, community facilities and services and existing transportation characteristics of Muhlenberg Township.
Except as hereinafter provided, all subdivision or development of land within Muhlenberg Township shall be in conformity with the Muhlenberg Township Code.
Where the provisions of this part of this chapter impose greater restrictions than those of any other statute, ordinance or regulation, the provisions of this part shall be complied with unless otherwise directed by the Board of Commissioners.
Where the provisions of any other municipal statute, ordinance or regulation impose greater restrictions than those specified in this chapter, the provisions of such other municipal statute, ordinance or regulation shall be complied with unless otherwise directed by the Board of Commissioners.
Where the provisions of this chapter conflict with the specific provisions of the Pennsylvania Municipalities Planning Code, the specific provisions of the Pennsylvania Municipalities Planning Code shall be complied with unless otherwise directed by the Board of Commissioners.
No subdivision or land development of any lot, tract or parcel of land shall be made except in accordance with the provisions of this part of this chapter of the Code.
No site improvements shall be made to any lot, tract or parcel of land except in accordance with the provisions of this part of this chapter of the Code.
Unless and until a subdivision and/or land development plan has been approved and recorded in accordance with all standards and provisions of this chapter, no lots within a proposed subdivision or land development may be sold and no permits shall be issued to erect any building upon land within a development.
Where, under special and unique conditions, a literal enforcement of these regulations would result in an unnecessary hardship, such reasonable exceptions thereto may be made, provided they will not affect the public health, safety and general welfare of the residents and property owners of Muhlenberg Township.
After approval or endorsement by the Muhlenberg Township Planning Commission and the Board of Commissioners, the subdivision or land development plan shall be recorded in the office of the Berks County Recorder of Deeds.
Should any article, section, subsection, paragraph, clause, phrase or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of this chapter as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.
All ordinances or parts of ordinances, together with the amendments and supplements thereto, are hereby repealed to the extent that the same conflict with the provisions of this chapter; provided, however, that the provisions of this chapter shall not affect any suit or prosecution pending or to be instituted to enforce any provision of such repealed ordinance or to punish any offense against any such repealed ordinance committed prior to the effective date of this chapter.
The Muhlenberg Township Board of Commissioners originally enacted the Muhlenberg Township Subdivision and Land Development Ordinance of 2004 on December 20, 2004, as part of Muhlenberg Township Ordinance 404. The Muhlenberg Township Subdivision and Land Development Ordinance has been amended and codified through Muhlenberg Township Ordinance 466 adopted on January 19, 2009. The Muhlenberg Township Subdivision and Land Development Ordinance of 2004, as amended and codified, shall become effective upon adoption by the Muhlenberg Township Board of Commissioners.