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.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
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.
A.
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:
A.
To create and
maintain conditions that are favorable to the health, safety and general
welfare of the residents of Muhlenberg Township.
B.
To identify, protect
and preserve the physical and environmental amenities within Muhlenberg
Township.
C.
To provide opportunities
for growth and development by considering environmental limitations,
existing land uses, infrastructure, and the suburban characteristics
of Muhlenberg Township.
D.
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.
E.
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.
F.
To conserve and
enhance scenic resources that reflect the natural, historical and
cultural heritage within Muhlenberg Township.
G.
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.
H.
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.
I.
To provide parks,
recreation facilities and open space areas which meet the needs of
the residents within the community and the region.
J.
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.
K.
To ensure basic
utility services and facilities to service all existing and prospective
uses within Muhlenberg Township.
L.
To plan, design,
construct and maintain a safe, efficient and diversified transportation
system which optimizes mobility, strengthens the economy and protects
the environment.
M.
To achieve a high
level of intergovernmental planning by coordinating efforts with local
and regional groups within the public and private sectors.
N.
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.
O.
To ensure that
all subdivision and land development applications are consistent with
the goals, objectives and policies of the Muhlenberg Township Comprehensive
Plan.
P.
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.
A.
Except as hereinafter
provided, all subdivision or development of land within Muhlenberg
Township shall be in conformity with the Muhlenberg Township Code.
C.
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.
D.
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.
E.
Where the provisions
of this chapter conflict with the specific provisions of the Pennsylvania
Municipalities Planning Code,[1] the specific provisions of the Pennsylvania Municipalities
Planning Code shall be complied with unless otherwise directed by
the Board of Commissioners.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
