The Council of Wilkinsburg Borough, in accordance with the Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently amended, 53 P.S. 10101 et seq., enacts the following ordinance to regulate land development in Wilkinsburg Borough.
This chapter shall be known and may be cited as the "Wilkinsburg Borough Subdivision and Land Development Ordinance."
This chapter shall take effect on the 10th day of October, 2001.
The Wilkinsburg Subdivision and Land Development Regulations adopted as Chapter 229, Article I, 7-31-1972 as Chapter XXIV of the 1972 code, as further amended, and Chapter 229, Article II, 12-14-1992 as Ordinance No. 2418, as further amended, are hereby repealed.
Should any section or provision of this chapter be declared by the courts as unconstitutional or invalid for any reason, such decision shall not affect the validity of this chapter as a whole or nor the validity of any other section or provision of this chapter than the one so declared.
The purpose of this chapter is to provide for the maintenance and orderly development of the community through complimentary, orderly and harmonious development, and to promote, protect and create conditions favorable to the health, safety, morals, and general welfare of the Borough's citizenry. The regulation of all land development activities in the Borough of Wilkinsburg will be achieved through a uniform method for the submission of preliminary and final plats to ensure: the proper layout or arrangement of land and buildings; the proper design of streets to accommodate projected traffic and facilitate fire protection; the provision of adequate easements or rights of way, gutters, storm and sanitary drainage facilities, walkways, stormwater management and other required public facilities; and the proper design of land developments in accordance with the requirements of this chapter and the Wilkinsburg Borough Zoning Ordinance. All future development within the Borough should be consistent with the goals and objectives of the Wilkinsburg Comprehensive Plan, which was adopted on May 20, 1998 (Resolution No. 10632).
The Pennsylvania Municipalities Planning Code grants the power of regulating land developments within the Borough to the governing body of each municipality. Prior to governing body action, all plans shall be submitted to the Wilkinsburg Borough Planning Commission for their review and recommendation. Upon receiving the Planning Commission recommendation, the Borough Council shall make a determination in accordance with the provisions of this chapter.
A. 
Subject properties. No land development of any lot, tract, or parcel of land shall be affected; no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be constructed, opened, or dedicated for public use or travel; or for the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of this chapter.
B. 
Sale of lot. No lot in a land development may be sold; no permit to erect, alter, or repair any building upon land in a land development may be issued; and no building may be erected in a land development unless and until the improvements recommended by the Borough Planning Commission and required by Borough Council in connection therewith have either been constructed or guaranteed as hereinafter provided.
A. 
Conflict with other public provisions. If any provision of this chapter imposes restrictions which are different from those imposed by any other applicable ordinance, regulation, or provisions of law, the provision that is more restrictive or which imposes higher standards shall control.
B. 
Conflict with private provisions. If the requirements of this chapter are different from those contained in deed restrictions, covenants, or other private agreements, the requirements that are more restrictive or which impose higher standards shall govern, provided that the private provisions are otherwise lawful.
C. 
Liability. The review or approval of a land development by the municipality in accordance with the provisions of this chapter shall not constitute a guarantee of any kind that the proposed development is safe and shall create no liability upon the Borough, its officials or employees.