Changes in this Chapter shall affect plans as follows:
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 this Chapter, zoning or other governing ordinance or plan 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 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 plan, whether preliminary or
final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in this
Chapter, zoning 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.
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 ordinance 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 Board of Commissioners,
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 the 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 and any modification in the aforesaid
schedule shall be subject to approval of the Board of Commissioners
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 Commissioners
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, zoning, and other governing
ordinance enacted by the Township of Susquehanna subsequent to the
date of the initial preliminary plan submission.