All appeals from decisions of the Board in the
administration of this chapter shall be made in accordance with the
provisions of the Municipalities Planning Code.
In the interpretation and application of the
provisions of this chapter, said provisions shall be deemed to be
the minimum requirements necessary for the promotion and protection
of the public health, safety and welfare. Where the provisions of
this chapter and all standards and specifications implementing it
impose greater restrictions upon subdivision or land development than
those of any other Township ordinance or any regulation or any applicable
land development agreement, the provisions of this chapter and its
standards and specifications shall be controlling. Where the provisions
of any statute, regulation, other Township ordinance or applicable
land development agreement impose greater restrictions upon subdivision
or land development than this chapter, the provisions of such statute,
regulation, other ordinance or applicable land development agreement
shall be controlling.
With the exception of Subsections A and B below,
the provisions of this chapter shall apply to and control all subdivisions
and/or land developments whose plans have not been recorded in the
Office of the Recorder of Deeds prior to the effective date of these
regulations.
A. The provisions of this chapter shall not adversely
affect an application for approval of a preliminary or final plan
which was duly filed with the Township and is pending action at the
time of the effective date of this chapter, and in which case the
applicant shall be entitled to a decision in accordance with the provisions
of the governing ordinances or plans as they stood at the time the
application had been duly filed. When a preliminary plan has been
duly approved, the applicant shall be entitled to final plan approval
in accordance with the terms of the approved preliminary plan. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the provisions of this chapter.
B. If an applicant has received approval of a preliminary
or final plan prior to the effective date of this chapter, no provision
of this chapter shall be applied to adversely affect the right of
the applicant to commence and complete any aspect of the approved
development in accordance with the terms of such approval within five
years from the date of such approval. When approval of the final plan
has been preceded by approval of a preliminary plan, the five year
period shall be counted from the date of preliminary plan approval.
If there is any doubt as to the terms of approval, the terms shall
be construed in light of the provisions of the governing ordinances
or plans as they stood at the time when the application for such approval
was duly filed.
Nothing in this chapter shall be construed to
affect any suit or proceeding pending in any court, or any rights
or liability incurred, or any permit issued, or any approval granted
or any cause or causes of action existing prior to the enactment of
this chapter.