Compliance required. No subdivision or land development of any
lot, tract, or parcel of land shall be made and no public improvements
or other improvements in connection therewith shall be laid out, opened,
or dedicated for public use or travel or for the common use of occupants
of buildings abutting thereon except in accordance with the provisions
of this chapter.
Where any provision of this chapter impose restrictions different
from those imposed by any other ordinance, rule, or regulation, or
other provision of law, the most restrictive provision or that provision
imposing the higher standards shall govern.
Changes or amendments of the zoning, subdivision, or other governing
ordinances or plan shall affect the approval of applications for preliminary
or final plan approval as provided in Section 508(4) of the MPC.
A. Effect on pending applications. From the time an application for
approval of a preliminary or final plat is duly filed as provided
in this chapter, and while such application is pending action by the
Board of Supervisors, the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances of plans
at the time the application was filed and shall not be subject to
any changes to this chapter, zoning, or other governing ordinances
or plans.
B. Effect on other applications - vested rights.
(1) Five-year protection period. When an application for preliminary
or final plat approval has been approved, no subsequent change to
the zoning, subdivision, or other governing ordinance or plan shall
be applied to adversely affect the right of the applicant to commence
and complete any aspect of the approved development in accordance
with the terms of such approval within five years of the date of such
approval.
(2) Calculation of five-year protection period. When an approval of a
final plat is preceded by approval of a preliminary plat, the five-year
period shall be counted from the date of the preliminary plat approval.
If there is any doubt as to the terms of a preliminary plat approval,
the terms shall be construed in the light of the governing ordinances
or plans as they stood at the time when the application for such approval
was duly filed.
(3) Protections afforded. When the applicant 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 Supervisors, no change to a Township ordinance or plan enacted
subsequent to the date of filing of the preliminary plat shall modify
or revoke any aspect of the approved final plat pertaining to zoning
classification or density, lot, building, street or utility location.
(4) Protection periods for multi-phase developments. In the case of a
preliminary plat calling for the installation of improvements beyond
the five-year period, the aforesaid protections afforded by substantially
completing the improvements depicted upon the final plat within five
years shall apply, provided that the applicant has not defaulted with
regard to or violated any of the conditions of the preliminary plat
approval, including compliance with applicant's schedule of submission
of final plats for the various sections. 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
protections shall apply for an additional term or terms of three years
from the date of final plat approval for each section.
(5) Loss of protections. If an application is properly and finally denied,
any subsequent application shall be subject to the intervening change
in governing regulations. Failure of the applicant to adhere to the
schedule of submission of final plats for multi-phase developments
shall subject any such phase to any and all changes in zoning, subdivision,
and other governing ordinance enacted by the Township after the date
of the initial preliminary plat submission.