District justices shall have initial jurisdiction
in proceedings brought under this chapter.
[Amended 8-27-2001 by Ord. No. 486]
A. From the time an application for approval of a plan, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of Chapter
225, Zoning, this chapter or other governing ordinances 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. When an application for approval of a plat, whether
preliminary or final, has been approved without conditions or approved
by the applicant's acceptance of conditions, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval. The five year period shall be extended for the duration
of any litigation, including appeals, which prevent 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 consideration have
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.
C. Where final approval is preceded by preliminary approval,
the aforesaid five year period shall be counted from the date of the
preliminary approval. In the case of any doubt as to the terms of
a preliminary approval, the terms shall be construed in the light
of the provisions of this chapter or the governing ordinances or plans
as they stood at the time when the application for such approval was
duly filed.
D. Where the landowner 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
Township of Derry, no change of any ordinance or plan enacted subsequent
to the date of filing of the preliminary plan shall modify or revoke
any aspect of the approved final plan pertaining to zoning classification
or density, lot, building, street or utility location.
E. In case of a preliminary plan calling for the installation
of improvements beyond the five year period, a schedule shall be filed
by the landowner with the preliminary plan delineating all proposed
sections as well as deadlines within which applications for final
plan 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 plan approval, until final plan approval of the
final section has been granted. Any modification in the aforesaid
schedule shall be subject to approval of the Board of Supervisors
in its discretion.
F. 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 Board of Supervisors
in its discretion. Provided the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plan approval,
including compliance with landowner's aforesaid schedule of submission
of final plans for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plan 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 plan approval for each section.
G. Failure of landowner to adhere to the aforesaid schedule
of submission of final plans for the various sections shall subject
any such section to any and all changes in this chapter and other
governing ordinance enacted by the Township of Derry subsequent to
the date of the initial preliminary plan submission.
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice as defined herein and in accordance with the Pennsylvania Municipalities Planning Code of 1968, as amended, Act 247, Article
V, § 505.
[Amended 1-26-2016 by Ord. No. 675]
The fees established in this chapter for review of the plans
may be revised as deemed necessary by the Board of Supervisors by
favorably acting on a resolution revising the existing fee schedules.
Furthermore, the fees to be paid to the Dauphin County Planning Commission
and the Derry Township Municipal Authority are subject to change by
action of the Dauphin County Commissioners and the Derry Township
Municipal Authority, respectively.