No subdivision or land development of any lot,
tract, or parcel of land shall be made and no public improvements
or other improvements in connection therewith shall be laid out, opened,
or dedicated for public use or travel or for the common use of occupants
of buildings abutting thereon except in accordance with the provisions
of this chapter.
Where any provision of this chapter impose restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the most restrictive provision or that
provision imposing the higher standards shall govern.
Changes or amendments of the zoning, subdivision,
or other governing ordinances or plan shall affect the approval of
applications for preliminary or final plan approval as provided in
Section 508(4) of the MPC.
A. Effect on pending applications. From the time an application
for approval of a preliminary or final plat is duly filed as provided
in this chapter, and while such application is pending approval or
disapproval, no change or amendment of the zoning, subdivision or
other governing ordinance or plan shall affect the decision on such
application adversely to the applicant, and 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 was
duly filed. In addition, when a preliminary application has been duly
approved, the applicant shall be entitled to final approval in accordance
with the terms of the approved preliminary application as hereinafter
provided. However, if an application is properly and finally denied,
any subsequent application shall be subject to the intervening change
in governing regulations.
B. Effect on other applications; vested rights.
(1) Five-year protection period. When an application for
preliminary or final plat approval has been approved without conditions
or approved by the applicant's acceptance of conditions, no subsequent
change or amendment to the zoning, subdivision or other governing
ordinance or plan 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 of the date of such approval. The five-year period shall be
extended for the duration of any litigation, including appeals, which
prevents the commencement or completion of the development and for
the duration of any sewer or utility moratorium or prohibition which
was imposed subsequent to the filing of an application for preliminary
approval of a plat. In the event of an appeal filed by any party from
the approval or disapproval of a plat, the five-year period shall
be extended by the total time from the date the appeal was filed until
a final order in such matter has been entered and all appeals have
been concluded and any period for filing appeals or requests for reconsideration
has expired; provided, however, no extension shall be based upon any
water or sewer moratorium which was in effect as of the date of the
filing of a preliminary application.
(2) Calculation of five-year protection period. When approval
of a final plat is preceded by approval of a preliminary plat, the
five-year period shall be counted from the date of the preliminary
plat approval. If there is any doubt as to the terms of a preliminary
plat approval, the terms shall be construed in the light of the governing
ordinances or plans as they stood at the time when the application
for such approval was duly filed.
(3) Protections afforded. When the applicant has substantially
completed the required improvements as depicted upon the final plan
within the aforesaid five-year limit, or any extension thereof as
may be granted by the Supervisors, no change to a Township ordinance
or plan enacted subsequent to the date of filing of the preliminary
plat shall modify or revoke any aspect of the approved final plat
pertaining to zoning classification or density, lot, building, street
or utility location.
(4) Protection periods for multiphase developments. In
the case of a preliminary plat calling for the installation of improvements
beyond the five-year period, a schedule shall be filed by the landowner,
with the preliminary plat delineating all proposed sections as well
as deadlines within which applications for final plat approval of
each section are intended to be filed. Such schedule shall be updated
annually by the applicant on or before the anniversary of the preliminary
plat approval, until final plat approval of the final section has
been granted, and any modification in the aforesaid schedule shall
be subject to approval of the Board of Supervisors in its discretion.
Each section in any residential subdivision or land development, except
for the last section, shall contain a minimum of 25% of the total
number of dwelling units as depicted on the preliminary plan, unless
a lesser percentage is approved by the governing body in its discretion.
Provided that the applicant has not defaulted with regard to or violated
any of the conditions of the preliminary plat approval, including
compliance with the applicant's aforesaid schedule of submission of
final plats for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plat within five years shall apply, and for any section
or sections, beyond the initial section, in which the required improvements
have not been substantially completed within said five-year period,
the aforesaid protections shall apply for an additional term or terms
of three years from the date of final plat approval for each section.
(5) Loss of protections. Failure of the applicant to adhere
to the aforesaid schedule of submission of final plats for multiphase
developments shall subject any such phase to any and all changes in
zoning, subdivision, and other governing ordinances enacted by the
Township after the date of the initial preliminary plat submission.