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.
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, Building Code, road ordinance, 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.
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.
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.
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."