(A) Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety, comfort, convenience, and general welfare.
(B) Conflict with public and private provisions.
(1) Public provisions. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(2) Private provisions. This chapter is not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this chapter shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations or the determinations of the Borough Council in approving a subdivision or in enforcing this chapter, and such private provisions are not inconsistent with this chapter or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.
(C) Municipal liability. The grant of a permit or approval of a plan for any proposed subdivision and/or land development to be located within any identified floodplain area or district shall not constitute a representation, guarantee, or warranty of any kind by the borough, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the borough, its officials, or employees.
(Prior Code, Ch. 22, Pt. 1, § 105) (Ord. 2-2001, passed 7-2-2001)