[Ord. 1968, 9/8/2003, § 1300]
1. This Chapter, comprising various parts, sections, subsections, and
clauses, are severable. If any part, sentence, paragraph, subsection,
section, or clause is adjudged unconstitutional or invalid, the Borough
hereby declares that the remainder of this Chapter shall not be affected.
2. If any such part is adjudged unconstitutional or invalid as applied
to a particular property or structure, it is provided hereby that
the application of such portion of this Chapter to any other property,
building, or structures shall not be affected.
3. Whenever any condition or limitation is included in an order authorizing
any grading permit, zoning permit, certificate of occupancy, conditional
use, or site plan approval, it shall be presumed conclusively that
the authorizing officer or body considered such condition or limitation
necessary:
A. To carry out the spirit and purpose of this Chapter, or
B. The requirement of one of its provisions, and
C. To protect the public health, safety, and welfare.
4. It shall further be presumed conclusively that the officer or body
would not have granted the authorization to which the condition or
limitation pertains, except in the belief that the condition or limitation
was lawful.
[Ord. 1968, 9/8/2003, § 1301]
Whenever any provisions set forth in this Chapter are found
to be in conflict with mandatory Commonwealth or Federal laws, such
mandatory laws shall govern and this Chapter shall be construed accordingly
so that the conflict shall not affect the validity of this Chapter.
[Ord. 1968, 9/8/2003, § 1302]
In the case of any conflict between the main provisions of this
Chapter and the appendix, the stricter sections shall control.
[Ord. 1968, 9/8/2003, § 1303]
All Borough ordinances or parts of ordinances inconsistent with
this Chapter are hereby repealed, only to the extent of such inconsistency.