The Council of the Borough of Shippensburg,
pursuant to the Pennsylvania Municipalities Planning Code, as reenacted,
Act of December 21, 1988, P.L. 1329, No. 170, Section 2 et seq., 53
P.S. § 10101 et seq. (the "Planning Code") hereby enacts
and ordains the following ordinance governing subdivisions and land
development within the corporate limits of the Borough of Shippensburg,
Cumberland and Franklin Counties, Commonwealth of Pennsylvania. The
Council of the Borough of Shippensburg hereby designates the Shippensburg
Planning Commission as its agency to administer and enforce this chapter.
A.
These regulations shall apply to the Borough of Shippensburg,
Cumberland and Franklin Counties, Pennsylvania.
B.
The standards and requirements of this chapter shall
apply as minimum standards for subdivisions and land developments
within the borough.
C.
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 for the Recording of Deeds in Cumberland
or Franklin Counties, Pennsylvania, prior to the effective date of
these regulations.
D.
The provisions of this chapter shall not affect an
application for approval of a preliminary or final subdivision plan
or a land development plan which is pending Commission action at the
time of the effective date of this chapter, in which case the applicant
shall be entitled to a decision in accordance with the governing ordinance
in effect at the time of the application. Additionally, this chapter
shall not affect any suit or prosecution pending or to be instituted,
to enforce any provision of the Shippensburg Land Subdivision Ordinance
of 1965 on an act done, contract executed or liability incurred prior
to the effective date of this chapter, nor shall any provisions of
this chapter be construed to waive the obligations imposed upon an
applicant to complete a previously approved preliminary or final plan
or land development plan, including the installation of all improvements
required hereunder, in strict compliance with the requirements of
the Shippensburg Land Subdivision Ordinance of 1965.
E.
If an applicant has received approval of a preliminary
or final plan or a land development 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 preliminary or final plan or land development
plan in accordance with the terms of such approval, within five years
from the date of the application. When approval of a final plan or
land development plan has been preceded by approval of a preliminary
plan, the five-year period shall be counted from the date of the preliminary
plan approval. If there is any doubt as to the terms of approval,
the terms shall be construed in light of the governing ordinances
or plans as they stood at the time when the application for such approval
was duly filed.
