[Ord. 2008-2, 6/9/2008]
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, 53 P.S. §10101 et seq.
[Ord. 2008-2, 6/9/2008]
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. Where the provisions of any statute, regulation, other
Borough 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. 2008-2, 6/9/2008]
1.
With the
exception of paragraphs .A and .B, the provisions of this Section
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 Borough
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.
[Ord. 2008-2, 6/9/2008]
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.
