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Township of Muhlenberg, PA
Berks County
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Table of Contents
Table of Contents
A. 
Article III of this Chapter 310 of the Code provides an overview of the general procedures for the application, submission, review and the approval of all proposed subdivision plans or land development plans within Muhlenberg Township.
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.
D. 
The application for subdivision and land development has been included within Appendix A of this chapter.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
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.
(3) 
The application procedures that may be required to obtain municipal approval, as specified under Chapters 310 and 355 of 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:
(1) 
To the Muhlenberg Township Board of Commissioners;
(2) 
To the Muhlenberg Township Planning Commission;
(3) 
To the Muhlenberg Township Engineer and Zoning Officer; and
(4) 
To the Berks County Planning Commission.
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 preliminary plan, the applicant shall sign a statement withdrawing any previously submitted preliminary plans from consideration and a new ninety-day time period for formal review and notification shall commence from the date of submission of the revised preliminary plan. The revised preliminary plans shall be submitted to the Muhlenberg Township Engineer or his authorized representative at least seven days prior to the regularly scheduled meeting of the Muhlenberg Township Planning Commission.
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.
B. 
The continuation or validity of a current final plan application or an approved final 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. 
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:
(1) 
Four completed copies of the application (refer to Appendix A[2]) of a subdivision plan or land development plan.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(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:
(1) 
To the Muhlenberg Township Board of Commissioners;
(2) 
To the Muhlenberg Township Planning Commission;
(3) 
To the Muhlenberg Township Engineer and Zoning Officer; and
(4) 
To the Berks County Planning Commission.
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 final plan, the applicant shall sign a statement withdrawing any previously submitted final plans from consideration, and a new ninety-day time period for formal review and notification shall commence from the date of submission of the revised final plan. The revised final plan shall be submitted 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.
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:
(1) 
A final plan shall be submitted and reviewed in accordance with §§ 310-15 and 310-26 of this Part 1 of this chapter of the Code.
(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.
(5) 
The approved annexation 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.
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:
(1) 
A final plan shall be submitted and reviewed in accordance with §§ 310-15 and 310-26 of this Part 1 of this chapter of the Code.
(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.
(5) 
The approved revised plan of record 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.
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.
(2) 
A final plan shall be submitted and reviewed in accordance with §§ 310-15 and 310-26 of 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.
(4) 
The approved minor subdivision 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.
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.
(2) 
A final land development plan shall be submitted and reviewed in accordance with §§ 310-15 and 310-26 of 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.
(4) 
The approved minor land development 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.
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.
B. 
Section 310-16D of this chapter provides specific provisions for minor land development plans.
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. 
All conditions, standards and provisions pertaining to the guarantee and/or the installation of all required site and municipal improvements have been included under Article VI of this Part 1 of this chapter of the Code.
B. 
All conditions and provisions pertaining to all developer contributions and impact fees have been included under Article VI of this Part 1 of this chapter of the Code.
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.
B. 
All provisions for amendments, records, preventative remedies and enforcement procedures are specified under Article VII of this part of this chapter of the Code.