This chapter shall be known and may be cited as the "City of Greensburg Subdivision and Land Development Ordinance."
The City of Greensburg Subdivision and Land Development Ordinance is enacted and administered under authority of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended.
The purposes of this chapter are to ensure subdivision and development of land in the City is consistent with and promotes implementation of the City of Greensburg Comprehensive Plan as currently adopted and hereinafter amended or updated; and to promote the health, safety, and general welfare of the City, to ensure the orderly and harmonious development of the City, to ensure coordination of development proposals with provision of adequate and efficient public facilities, utilities, and services, and to provide for handling of all subdivision and land development plans by uniform standards and procedures.
A.
All plans for subdivisions and land developments in the City shall be submitted to and approved by the City of Greensburg as specified in this chapter before they may be recorded by the Westmoreland County Recorder of Deeds.
B.
No subdivision or land development of any lot, tract, or parcel of land shall be made, no street, sanitary sewer, storm sewer, water main, or other improvements in connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this chapter.
C.
No lot in a subdivision may be sold or leased, and no permit to erect, alter, or move any building or structure in a land development may be issued unless and until a subdivision or land development plan has been approved and recorded in accordance with the requirements of this chapter, and until any improvements required by this chapter in the approved plan have either been constructed or guaranteed by a form of surety meeting the requirements of this chapter.
D.
Review and approval under this chapter is in addition to, does not supersede, and does not release any party from compliance with approvals required by other applicable ordinances or regulations of the City, the Commonwealth of Pennsylvania, or the United States Government.
The provisions of this chapter shall be interpreted to be the minimum requirements to meet the purposes of this chapter. Where the provisions of this chapter conflict or are inconsistent with the provisions of any other ordinance, regulation, or requirement, the more restrictive provision shall apply. In interpreting the language of this chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning, in favor of the property owner and against any implied extension of the restriction.
A.
The provisions of this chapter shall apply to all new subdivisions and land developments as defined by this chapter within the City beginning the effective date of this chapter.
B.
The provisions of this chapter shall not affect an application for approval of a preliminary or final plan which was duly filed with and pending action by the City prior to the effective date of this chapter, in which case the applicant shall be entitled to a decision in accordance with the governing ordinances as they stood at the time the application for the plan was filed.
C.
If an applicant has received approval of a preliminary or final plan prior to the effective date of this chapter, no provision of this chapter shall be applied to adversely affect the right of the applicant to commence and complete any aspect of the approved preliminary or final plan in under the terms of such approval within a period of time and in accord with requirements specified in the PA Municipalities Planning Code.
D.
Any redivision or combining of lots or adjustment of lot lines within a plan previously approved and/or recorded, or any addition, enlargement, or rearrangement of structures, parking areas, access points, graded land surfaces or other elements within a land development plan previously approved and/or recorded, shall be a new subdivision or land development and subject to the provisions of this chapter.
E.
The combination of two or more separately described and/or recorded lots into a single lot shall be considered a subdivision and subject to the requirements of this chapter. No combination of two or more separately described and/or recorded lots into one singularly described lot by deed of conveyance or other recorded instrument shall be permitted unless and until submitting and obtaining approval of a subdivision plan in accord with this chapter. No lot created by combination of two or more preexisting lots by approved subdivision, deed, or other recorded instrument shall be divided back into the preexisting lots or otherwise divided into lots unless and until submitting and obtaining approval of a subdivision plan in accord with this chapter.
The following shall be exempt from the definition of land development and the requirements of this chapter:
A.
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
B.
The addition of an accessory building, including farm buildings used for agricultural purposes, on a lot or lots subordinate to an existing building.
C.
The addition or conversion of buildings or rides within the confines of an enterprise that would be considered an amusement park. For purposes of this clause, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
The provisions of this chapter are designed to establish standards which, when consistently enforced, will achieve the purposes cited in this chapter. The degree of protection sought by the standards and requirements of this chapter for the present and future residents and landowners within the City is considered reasonable for regulatory purposes. This chapter in no way implies that compliance with the minimum requirements for subdivisions and land developments will render such subdivisions and land developments free from inconveniences, conflicts, dangers, and damages. This chapter shall not create liability on the part of the City of Greensburg or any of its officers, officials, appointees, or employees for any damages that may result from reliance on this chapter or any administrative decision lawfully made hereunder.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of the remainder of this chapter as a whole or any individual part thereof.
This chapter shall become effective after 30 days following enactment.
As of its effective date, this chapter shall repeal and replace all subdivision and land development ordinances previously enacted by the Greensburg City Council.