An Appeal Has Been Filed...What Comes Next?

What happened?

On May 4th, 2016 the Wilkinsburg Borough Council unanimously voted (with one abstention) to reject Akator Construction, LLC’s preliminary application for the subdivision and land development of Green Street Park (Block and Lot 176-F-170).  A packed room of Wilkinsburg citizens rallied the Council to deny the application and keep the land a park, one which has been a community landmark and protected public green space for over 60 years.  Many community members cited Green Street Park as an important part of their childhood and place where they now bring their own children to play, as well as their desires to move forward in revitalizing one of Wilkinsburg’s last remaining green spaces.  Friends of Green Street Park also raised the argument that to approve the subdivision and land development would be in violation of Sections 229-9 and 229-14 of Wilkinsburg’s Subdivision and Land Development Ordinance, which state:

Section 229-9

“A. 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. If the requirements of this chapter are different from those contained in any 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 lawful.”

Section 229-14

“…..Compliance with applicable municipal, county, state, or federal regulations shall be a requirement for any approval under the provisions of this chapter.”

Collectively, the Donated and Dedicated Property Act (DDPA), the Land and Water Conservation Fund (LWCF) park conversion requirements and Pennsylvania Department of Conservation and Natural Resources (DCNR) regulations regarding conversions, as well as the contract between the Borough and DCNR that restricts the Borough’s ability to develop the land without an approved conversion therefore support a well-founded rejection from the Council for development. Because the DDPA was not followed, the deed to the land is void and development would constitute an illegal conversion under the LWCF.  The citizens of Wilkinsburg are proud of the Council for following the law by rejecting Akator's subdivision and land development application.

Under the Pennsylvania Municipalities Planning Code (MPC), the Council must inform an applicant (in this case Akator) of its decision and reasoning in writing within 45 days of the meeting in which the decision is made.  On May 6th, the Borough Solicitor informed Akator of the denial.  The applicant has 30 days from receiving the decision letter to appeal the decision to the Court of Common Pleas under Wilkinsburg’s Subdivision and Land Development Ordinance, as well as Article X of the MPC. On May 27th, Akator filed to appeal the Borough Council’s denial to develop Green Street Park with the Court.

If Akator succeeds in its appeal, Green Street Park will once again be at risk.  It is important to ask the Borough Council to now defend its decision and promise made to the citizens of Wilkinsburg.  The denial supports the Wilkinsburg ordinance requirements that a subdivision and land development be consistent with state and federal laws, regulations, and private contracts.  Approval of the development would violate state and federal laws protecting public parks, as well as the Borough’s contract under the LWCF state assistance program.  Friends of Green Street Park can continue to work with non-profits and other community partners on a park revitalization initiative ONLY IF the Council works to defend its denial. 

What can you do?

The Wilkinsburg Borough Council already voted to deny the application.  It is important for the Council to now uphold its denial--not only in a public meeting, but also in the courtroom.  Please write, call, and e-mail your Council members immediately!  Urge them to provide the necessary support for their decision.  Implore them to defend the promise they made to you and your fellow citizens to reject the application to develop Green Street Park.  Tell them to defend their denial using Sections 229-9 and 229-14 of the Subdivision and Land Development Ordinance and urge their solicitor to contest the appeal.  Remind the Borough Council that the citizens of Wilkinsburg are vigilant and this community will remain diligent in its efforts to uphold the law and preserve Green Street Park as a public park.  Contact info for all Borough Council members can be found here.

"Qui tacet consentit."--Silence gives consent.