The Borough Council of the Borough of Denver, pursuant to the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by
Act 170 of 1988, and as subsequently amended, 53 P.S. 10101 et seq., hereby
enacts and ordains the following chapter governing subdivisions and land developments
within the limits of the Borough of Denver and does hereby designate the Denver
Borough Planning Commission as its agency to administer and enforce this chapter.
A.
The standards and requirements contained in this chapter
shall apply as minimum standards for subdivisions and land developments in
Denver Borough. However, when Borough Council, in its Zoning Ordinance,[1] Building Code,[2] road ordinance,[3] or other ordinance, code, resolution, or regulation other than
a subdivision and land development ordinance or a subdivision ordinance, imposes
more restrictive standards and requirements than contained herein, such other
standards and requirements shall prevail. These municipal standards and requirements
shall be subject to enforcement by the agency assigned such jurisdiction by
said ordinance, code, resolution, or regulation. All municipal ordinance requirements
should be met or agreed to by the developer to the satisfaction of Borough
Council prior to approval of the plan.
B.
With the exception of Subsections C and D, 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 in and for Lancaster County, Pennsylvania, prior to the effective date of these regulations.
C.
The provisions of this chapter shall not affect an application
for approval of a preliminary or final plan which is pending the Lancaster
County Planning Commission's 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 ordinances as they stood at the time the
application for the plan was filed. Additionally, this chapter shall not affect
any suit or prosecution pending or to be instituted, to enforce any provision
of the Lancaster County Subdivision and Land Development Ordinance of 1977,
or its applicable predecessor regulations, 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,
including the installation of all improvements required hereunder, in strict
compliance with the requirements of the Lancaster County Subdivision and Land
Development Ordinance of 1977 or any applicable predecessor regulations.
D.
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 preliminary or final plan
in accordance with the terms of such approval within five years of the date
of such application. When approval of a final plan has been preceded by approval
of a preliminary plan, the five years 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.
This chapter shall be known and may be cited as the "Denver Borough
Subdivision and Land Development Ordinance."
