§ 107-14. Effect of chapter amendments on applications for plan approval.

A. 

From the time an application for approval of a preliminary or final plan is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of this chapter shall affect the decision on such application adversely for the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing chapter as it stood at the time the application was duly filed. In addition, when a preliminary application and plan have been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application. However, if an application is properly and finally denied, any subsequent application shall be subject to any intervening change in governing regulations.

B. 

When an application for approval of a preliminary or final plan has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in this chapter shall be applied to affect adversely 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. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.

C. 

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 this chapter as they stood at the time when the application for such approval was duly filed.

D. 

In the case of a preliminary plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the developer with the preliminary plan delineating all proposed sections as well as deadlines within which applications for final plan 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 plan approval, until final plan approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to approval of the Township Supervisors at its discretion. Each section in any residential subdivision, 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 Township Supervisors at its discretion. Provided the developer has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with landowner's aforesaid schedule of submission of final plans for the various sections, then the aforesaid projections afforded by substantially completing the improvements depicted on the final plan within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period, the aforesaid projections shall apply for an additional term or terms of three years from the date of final plan approval for each section. Failure of the developer to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such section to any and all changes in this chapter enacted by the Township of Lawrence subsequent to the date of the initial preliminary plan submission.