All appeals from decisions of the Board of Supervisors and/or
the Planning Director in the administration of this chapter shall
be made in accordance with the provisions of the Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 under
the jurisdiction of the Township's previous Subdivision and Land Development
Ordinance, Ordinance LS-2, October 16, 1985, as amended, 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 provisions 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.
