[Ord. 154, 9/3/1985, § 306; as amended by Ord. 256, 5/24/2004]
1. From the time an application for approval of a plat, 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 the Zoning, Subdivision or other governing ordinance or plan shall adversely affect the application.
2. 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.
3. When a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the approved preliminary application.
4. If an application is properly and finally denied, any subsequent application shall be subject to any and all governing regulation in effect at the time of the new application.
5. When an application for approval of a plat, whether preliminary or final has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment of the zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect 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. When final approval is preceded by preliminary approval, the 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 light of the provisions of the governing ordinances and plans as they stood at the time when the application for such approval was duly filed. The five-year period shall be extended for the duration of any litigation including appeals, which will prevent the commencement or the completion of the development and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to a 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 final order in such matter has been entered and all appeals have been concluded and any period for filing appeals or requests for reconsideration 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.
6. A time extension beyond the five-year limit may be granted by the governing body. Such extension shall be in writing and agreeable to both the applicant and governing body.
7. When the landowner has subsequently completed the required improvements as depicted on the final plat within the time limits, no change in municipal 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.
8. In the case of a preliminary plat calling for the installation of improvements beyond the established time period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat 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 plat approval, until final plat approval of the last section has been granted. Any modification of the aforesaid schedule shall be subject to approval of the Borough Council in its discretion.
9. Each section in a 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 Borough Council in its discretion.
10. Provided the landowner has not defaulted or violated any of the conditions of the preliminary plat approval, including compliance with the time schedule where applicable, all of the aforesaid protections afforded by substantially completing the improvements shall apply for an additional three years where applicable, all of the aforesaid protections afforded by substantially completing the improvements shall apply for an additional three years completing the improvements shall apply for an additional three years from the date of final plat approval for each section.
11. Failure of the landowner to adhere to an established schedule of submission of final plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinances enacted by the Borough subsequent to the date of the initial preliminary plan of final plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinances enacted by the Borough subsequent to the date of the initial preliminary plan and all changes in zoning, subdivision and other governing ordinances enacted by the Borough subsequent to the date of the initial preliminary plan by the Borough subsequent to the date of the initial preliminary plan submission.