Article 9
Appeals and Interpretation

§13-901 Appeals.

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, §901)

§13-902 Interpretation and Application of Provisions.

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, §902)

§13-903 Application of Ordinance.

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.

B.    If an applicant has received approval of a preliminary or final plan prior to the effective date of this Chapter, the provisions of §13-310 of this Chapter shall apply.

(Ord. 2008-2, 6/9/2008, §903)

§13-904 Ordinance Construction.

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. 2008-2, 6/9/2008, §904)