Pursuant to the powers vested in the Council of the Borough by the Pennsylvania Municipalities Planning Code of 1968, as amended (Act of 1968, July 31, P.L. 805, Art. V, Sections 501-515, as amended),[1] this Part 1 is hereby adopted for the general purpose of regulating subdivision and land development in the Borough in furtherance of the following goals:
A. 
To protect and provide for the public health, safety and general welfare of the Borough.
B. 
To guide the future growth and development of Edgeworth Borough in accordance with the Comprehensive Plan of the Borough.
C. 
To provide for adequate light, air and privacy; to avoid excessive noise; to secure safety from fire, flood and other danger; to prevent overcrowding of the land and undue congestion of population; and to prevent destruction of property due to aggravated natural conditions.
D. 
To protect the character and the social and economic stability of the Borough and to encourage its orderly and beneficial development.
E. 
To protect and conserve the value of land throughout the Borough and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings.
F. 
To guide public and private policy and action in order to provide adequate and efficient transportation, water supply, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities.
G. 
To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic within the Borough, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings and to provide for the proper descriptions and monumenting of subdivided land.
H. 
To establish reasonable standards of design and procedures for subdivision and resubdivision in order to further the orderly layout and use of land and to ensure proper legal descriptions and monumenting of subdivided land.
I. 
To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
J. 
To prevent, in keeping with Part 3 of this chapter, pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources in order to preserve the community and value of the land.
K. 
To preserve, in keeping with Part 3 of this chapter, the natural beauty and topography of the Borough and to ensure appropriate development with regard to these natural features.
L. 
To provide for open spaces through efficient design and layout of the land.
M. 
And finally, to ensure that documents prepared as part of a land ownership transfer fully and accurately describe the parcel of land being subdivided and the new parcels thus created.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Authority of the Borough Council. The Council of the Borough of Edgeworth is vested by law with the control of the subdivision of land and land development under the Pennsylvania Municipalities Planning Code, as amended.[1] The Council shall retain the authority to approve all subdivision plans and land development plans as required herein.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Authority of the Borough of Edgeworth Planning Commission. The Planning Commission is hereby designated by the Council as the agency which shall review and make recommendations on all preliminary and final subdivision and land development plans as required herein, prior to action by the Council, and, when provided by ordinance, shall make other recommendations.
A. 
Subdivision control. No subdivision, as herein defined, of any lot, tract or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main or other facilities 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 or to abut thereon except in strict accordance with the provisions of this Part 1, except as the provisions in § 113-7 concerning nonconforming lots may apply. No lot in any subdivision may be sold and no permit to erect, alter or repair any building upon land in a subdivision may be issued and no building may be erected in a subdivision unless and until a subdivision plan has been approved and recorded and until the improvements required by the Council in connection therewith have either been constructed or guaranteed as herein provided in § 113-45 hereof.
B. 
Land development control. Land development, as herein defined, of real property must comply with the regulations contained herein except for lot requirements under § 113-27 hereof, provided that such development is served by a public or common sewage collection and treatment system. Such compliance shall include but not be limited to the filing of preliminary and final plats, the dedication and improvement of rights-of-way, streets and roads and the payment of fees and charges as established by the Council.
C. 
Preliminary and final plans shall indicate the location of each structure and clearly define each unit and shall indicate public easements, common areas and improvements, all easements appurtenant to each unit and improvements to public rights-of-way. Multiunit or condominium developments are subject to the zoning regulations as they apply to use and density requirements, setbacks, parking and other features and shall be indicated on the land development plans.
A. 
Interpretation. In interpreting and applying the provisions of this Part 1, the party making the interpretation shall regard them as 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 Part 1 imposes a restriction different from those imposed by any other provision of this Part 1, 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 Part 1 is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that, where the provisions of this Part 1 are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this Part 1 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 Council in approving a subdivision or in enforcing this Part 1 and such private provisions are not inconsistent with this Part 1 or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.