A.
The Planning Commission may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of the chapter is observed.
B.
All requests for a modification shall be in writing and shall be
included in the application for development. The request shall state
in full the grounds and facts of unreasonableness or hardship on which
the request is based, the provision or provisions of the ordinance
involved, and the minimum modification necessary.
C.
The modification, if authorized, will represent the minimum deviation
that will afford relief and will represent the least modification
possible of the regulation in issue.
D.
The condition leading to the request for modification shall not have
been created by the applicant.
E.
The Planning Commission shall keep a written record of all action
on requests for modification.
F.
The specific wording of the modification shall be written in ink
upon the recording tracing and signed and dated by the Chairman of
the Planning Commission, if the modification is granted. If the modification
is denied, the owner and/or developer may not again submit the same
application for modification for a least one year after such rejection.
B.
A proposal for an amendment may be initiated in any of the following
ways:
(1)
A request to the Planning Commission by the Borough Council;
(2)
A proposal by the Planning Commission; or
(3)
A petition presented to the Planning Commission by a property owner
in the municipality or by a prospective owner who has entered in an
agreement to purchase property in the municipality.
C.
Procedures for consideration. Upon receiving a request or petition
for an amendment or upon making a proposal, the Planning Commission
shall prepare a report on the proposal with a copy sent to the Borough
Council. Borough Council shall schedule a public hearing to consider
the proposed amendment.
D.
If Borough Council proposes an amendment, it shall allow the Commission
at least 30 days prior to public hearing to review and make recommendations
on the proposed amendment.
E.
At least 30 days prior to the public hearing, the proposed amendment
shall be submitted to the County Planning Commission for recommendations.
F.
Procedures for the public hearing, public notice, and enactment procedures
shall be in accordance with the Pennsylvania Municipalities Planning
Code.
A.
No plan of a subdivision or land development proposed for Indiana
Borough shall be recorded in the Indiana County Recorder of Deeds
office unless that plan shall bear the certified approval of the Planning
Commission.
B.
It shall be unlawful for any person to sell, trade, lease, or otherwise
convey or offer to sell, trade, lease, or otherwise convey any lot
or parcel of land as part of or in conformity with any plan, plat,
or replat of any subdivision or land development unless and until
said plan, plat, or replat shall have been first recorded in the office
of the County Recorder of Deeds.
Any person who being the owner or agent of the owner of any
lot, tract, or parcel of land who lays out or subdivides any lot,
tract, or parcel of land, constructs opens or dedicates any street,
sanitary sewer, storm sewer, water main, or other improvement for
public use, travel or other purposes or for the common use of occupants
of buildings abutting thereon, or who sells, transfers, agrees to
enter into an agreement to sell any land in a subdivision or land
development, whether by reference to or by other use of a plat of
such subdivision or land development, or erects any building thereon,
without a final plat having been prepared in full compliance with
the provisions of these regulations and without having recorded the
plan as provided herein, shall be guilty of violating the provisions
of this chapter, and upon conviction thereof in a civil enforcement
proceeding commenced by Borough of Indiana, such person or member
of such partnership or the officers of such corporation, or the agent
or any of them responsible for such violation shall pay a judgment
of not more that $500 plus all court costs including reasonable attorney
fees incurred by the municipality as a result thereof. Each lot or
parcel within a subdivision on which a violation is found may be considered
a separate offense. Each day that a violation continues shall constitute
a separate violation unless the District Judge determining that there
has been a violation further determines there was a good faith basis
for the person, partnership, or corporation violating the ordinance
to believe there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of violation by the District
Judge, and thereafter each day that a violation continues shall constitute
a separate violation. All fines collected for such violations shall
be paid over to the municipality. The description by metes and bounds
in the instrument of transfer or other document used in the process
of selling or transferring shall not exempt the seller or transferor
from such penalties.
A.
The provisions of these regulations shall be enforced by an administrator
appointed by and responsible to the Borough Council.
B.
The administrator shall review proposals for subdivision and land
development plans and submit them with recommendations to the Planning
Commission for action in accordance with the requirements of this
chapter; shall enter upon, at the administrator's discretion,
subdivision and land development plans in the process of construction
to evaluate compliance with the terms of approved plans; shall point
out to the developer discrepancies in the development and demand remedial
action to guarantee compliance within 30 days of noting the discrepancy;
and shall otherwise act as the Borough's agent in the enforcement
of these regulations.
A.
Fees for subdivision plans and land development plans shall be established
by the Indiana Borough Council. Such administrative, filing, review,
and inspection fees may be separate for various alternative forms
of subdivision and land development. Review fees shall include the
review of subdivision plans, land development site plans, and stormwater
management plans. Fees may also include the field inspection of such
plats, plans, or site plans and their final inspection. The fees charged
shall be in accordance with Sections 503(1), 509 and 510 of the Pennsylvania
Municipalities Planning Code.[1] Fees for the review and administrative processing of subdivision
and land development plans will be charged at the time of application.
The fees shall be set by resolution by Indiana Borough Council and
may be amended from time to time by resolution.
[1]
Editor's Note: See 53 P.S. §§ 10503(1),
10509 and 10510.
B.
The applicant shall reimburse the Borough of Indiana for the reasonable
and necessary charges by the Borough's professional consultants
or engineers for review and report thereon to the municipality, for
the inspection of improvements, and for administrative expenses. Such
reimbursement shall be based upon a schedule of fees established by
resolution of the Indiana Borough Council. Such schedule of fees may
be amended or changed from time to time by resolution of the Indiana
Borough Council. If, within 45 days of the date of billing, the applicant
disputes the amount of the expense, the disputed matter shall be subject
to the procedures established in Section 503(1) and Section 510(g)
of the Pennsylvania Municipalities Planning Code,[2] Act of 1968, P.L. 805, No. 247, as reenacted and amended.
[2]
Editor's Note: See 53 P.S. §§ 10503(1)
and 10510(g).
Notwithstanding the imposition of any penalties hereunder, the
Borough may institute any appropriate action or proceeding to require
compliance with or to enjoin violation of the provisions of these
regulations or any administrative orders or determinations made pursuant
to these regulations.
All ordinances or parts of ordinances or regulations in conflict
with this chapter or inconsistent with the provisions hereof are hereby
repealed to the extent necessary to give this chapter full force and
effect. Where another ordinance, regulation or restrictive covenant
imposes a higher standard in a particular control or restriction,
that standard shall supersede this chapter in that particular instance.
This chapter is necessary for the immediate preservation of
the public health, safety, morals and general welfare and shall be
in full force and effect immediately upon passage and publication.
