All appeals from decisions of the Borough Council in the administration
of this chapter shall be made in accordance with the provisions of
the Municipalities Planning Code.
[Amended 11-4-2003 by Ord. No. 310; 8-1-2006 by Ord. No. 329]
In the interpretation and application of the provisions of this
chapter, said provisions shall be deemed to be the minimum requirements
necessary for the promotion and protection of the public health, safety
and welfare. Where the provisions of this chapter and all standards
and specifications implementing it impose greater restrictions upon
subdivision or land development than those of any other Borough ordinance
or any regulation or any applicable land development agreement, the
provisions of this chapter and its standards and specifications shall
be controlling. With regard to the regulation of stormwater management,
whenever there is a difference between the minimal applicable standards
specified herein and those included in other applicable Township regulations,
the regulations of this chapter shall apply.
With the exception of §
265-78A and
B, 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 prior to the effective date of these regulations.
A. The provisions of this chapter shall not adversely affect an application
for approval of a preliminary or final plan which was duly filed with
the Lancaster County Planning Commission and is pending action at
the time of the effective date of this chapter, and in which case
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 had been duly filed. When a preliminary plan
has been duly approved, the applicant shall be entitled to final plan
approval in accordance with the terms of the approved preliminary
plan. However, if an application is properly and finally denied, any
subsequent application shall be subject to the provisions of this
chapter.
B. 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 development in
accordance with the terms of such approval within five years from
the date of such approval. When approval of the final plan has been
preceded by approval of a preliminary plan, the five-year period 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.
Nothing in this chapter shall be construed to affect any suit
or proceeding pending in any court or any rights or liability incurred,
or any permit issued, or any approval granted, or any cause or causes
of action existing prior to the enactment of this chapter.