All appeals from decisions of the Board of Supervisors in the
administration of this ordinance shall be made in accordance with
the provisions of the Municipalities Planning Code.
In the interpretation and application of the provisions of this
ordinance, 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 ordinance and all standards
and specifications implementing it impose greater restrictions upon
subdivisions or land development than those of any other West Hempfield
Township Ordinance or any regulation or any applicable land development
agreement, the provisions of this ordinance and its standards and
specifications shall be controlling. Where the provisions of any statute,
regulation, other West Hempfield Township Ordinance or applicable
land development agreement impose greater restrictions upon subdivision
or land development than this ordinance, the provisions of such statute,
regulation, other Ordinance or applicable land development agreement
shall be controlling.
With the exception of § 903A and B, the provisions
of this ordinance 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 ordinance shall not adversely affect an application
for approval of a preliminary or final plan which was duly filed with
the Lancaster County Planning Commission and is pending action at
the time of the effective date of this ordinance, 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 shall be finally denied, any subsequent application
shall be subject to the provisions of this ordinance.
B.
If an applicant has received approval of a preliminary or final plan
prior to the effective date of this ordinance, no provision of this
ordinance 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 ordinance 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 ordinance.
The provisions of this ordinance are severable, and if any section,
sentence, clause, part or provision hereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts, or provisions of this ordinance.
It is hereby declared to be the intent of the Board that this ordinance
would have been enacted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
This ordinance shall take effect and be in force in five days
as provided by law.
