[Ord. No. 146, 3/4/2021]
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 Township ordinance
or any regulation or any applicable land development agreement, the
provisions of this chapter and its standards and specifications shall
be controlling. Where the provisions of any statute, regulation, other
Township ordinance or applicable land development agreement impose
greater restrictions upon subdivision or land development than this
chapter, the provisions of such statute, regulation, other ordinance,
or applicable land development agreement shall be controlling.
[Ord. No. 146, 3/4/2021]
Except as otherwise required by law, this chapter is intended
as a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinances previously enacted by the Board of Supervisors,
this chapter shall be considered a restatement and not a repeal of
such regulations. It is the specific intent of the Board of Supervisors
that all provisions of this chapter shall be considered in full force
and effect as of the date such regulations were initially enacted.
It is expressly provided that the provisions of this chapter shall
not affect any act done, contract executed or liability incurred prior
to its effective date, or affect any suit or prosecution pending or
to be instituted to enforce any rights, rule, regulations or ordinance,
or part thereof, or to punish any violation which occurred under any
prior subdivision and land development regulation or ordinance. In
the event any violation has occurred under any prior subdivision and
land development regulation or ordinance of the Township, prosecution
may be initiated against the alleged offender pursuant to the provisions
of said prior subdivision and land development regulation or ordinance,
and the provisions and penalties provided in said prior subdivision
and land development regulation or ordinance shall remain effective
as to said violation.
[Ord. No. 146, 3/4/2021]
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.
[Ord. No. 146, 3/4/2021]
The provisions of this chapter are severable, and if any section,
sentence, clause, part, or provision hereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts, or provisions of this chapter.
It is hereby declared to be the intent of the Board that this chapter
would have been enacted if such illegal, invalid or unconstitutional
section, sentence, clause, part, or provision had not been included
herein.
[Ord. No. 146, 3/4/2021]
This chapter shall take effect and be in force five days after
its enactment by the Board of Supervisors of the Township of West
Cocalico, as provided by law.