A.
Activities denied prior to final approval. No person, firm, or corporation
contemplating subdivision or development of a tract of land shall
proceed with any grading of the site until preliminary approval has
been granted or shall record or sell any lots until he/she has received
final approval of his/her plan from the Planning Commission.
B.
Unsuitable conditions jeopardizing approval. The Borough may refuse
to grant approval of all or a part of certain plans that provide inadequate
access or that are unsuitable for development by reason of flooding
hazard, steep slopes, poor drainage, slide-prone soils, or nonconformity
with the Borough Comprehensive Plan.
C.
Preliminary sketch plan. Any developer may present at developer's
option a preliminary sketch plan for the Planning Commission's
review at a regular meeting. The developer is urged to attend to answer
questions and receive advice. The sketch plan shall show the entire
property, slopes and grading, parking if a multifamily, commercial
or industrial project, streams and storm drainage, easements, natural
features of the property and relationship of the site to major roads
and landmarks in the vicinity. In addition, the plan shall contain
the name of the property owner, developer, preparer of plan, proposed
number of dwelling and/or commercial units, and average area and frontage
of lots. The purpose of this section is to provide guidance. No recommendations
of the Commission are binding on the developer.
D.
Exchanges of property. When a property is being divided or property
lines rearranged with particular buyers and sellers, each parcel to
be transferred in title shall be identified with the seller's
and buyer's name so that the line of conveyance is clear.
E.
County review. All applications for subdivision and/or land development
approval within the Borough shall be forwarded upon receipt to the
Indiana County Planning Commission for a nonbinding review and report
consistent with Section 502(b) of the Pennsylvania Municipalities
Planning Code.[1] Any fees for this review shall be the responsibility of
the developer.
[1]
Editor's Note: See 53 P.S. § 10502(b).
Developers seeking approval of a minor subdivision or lot line revision as defined in § 405-4 may disregard the preliminary plan stages and proceed to final plan application. Ten copies of the final plan shall be submitted. All steps in the final review procedure, with the exception of those guaranteeing provision of streets and public utilities, shall apply to a minor subdivision. The approved final plan shall be officially stamped as approved, dated, and signed by the Chairman and Secretary of the Commission and shall be recorded in the Office of the Recorder of Deeds of Indiana County within 90 days thereafter or such approval will be void.
A.
Submission. Any person proposing to subdivide or develop land, except
for minor subdivisions, shall submit 10 copies of the information,
plans, and profiles required by this section to the Planning Commission
at least 10 days prior to a regular monthly meeting. The Commission
may, at its option, postpone consideration of the plan and official
receipt of it until the developer can be present at a regular meeting.
B.
Review. The Planning Commission shall review the submitted documents
for conformance with this chapter and inclusion of recommendations
made at the preapplication meeting. The Planning Commission may hold
a public hearing when it deems necessary. It shall submit one copy
of the submission to the Borough Council, one copy to the Planning
Commission, and other copies to the Indiana County Planning Commission,
as well as state or federal agencies and professional consultants,
as appropriate.
C.
Approval. The Planning Commission shall render its decision granting
approval, denying it, or granting preliminary approval with conditions
not later than 90 days after officially reviewing the plan at a regular
meeting. The decision shall be in writing and shall be communicated
to the applicant personally or mailed to applicant's last known
address not later than 15 days following the decision. The decision
shall set forth the reasons for the disapproval, if that is the decision,
specifying the defects found, describing the requirements which were
not met and citing the provisions of the statute or ordinance relied
upon. Failure of the Commission to reach a decision or to communicate
it within the time limits shall be deemed an approval of the plan
as presented. Failure of the developer to accept any and all conditions
upon approval shall render the approval void. No amendment to this
chapter after official receipt of a subdivision plan shall detrimentally
affect the plan or its processing unless the plan is withdrawn and
resubmitted, nor shall such intervening amendment adversely affect
the right of a developer to commence and complete any approved plan
or portion of a plan within five years of the date of preliminary
approval. Preliminary plan approval shall only be an expression of
tentative approval and authorization to proceed to the final plan
application. The plan shall be stamped, dated and signed by the Commission
Chairman and Secretary upon granting of the preliminary approval.
A.
Submission. Having received preliminary approval, the developer or
developer's authorized representative shall within three years
or such time as permitted by the Pennsylvania Municipalities Planning
Code submit a final plan application for all or part of the plan given
preliminary approval. Ten copies of the application shall be provided,
plus a permanent copy for recording of the plan. If the developer
does not appear at the meeting at which developer's plan is received,
the Planning Commission may postpone review until the developer can
be present at a regularly scheduled meeting.
B.
Review. The Planning Commission shall review the submitted documents
for conformance with this chapter and inclusion of any conditions
attached to preliminary approval. Distribution and submission of materials
shall follow the pattern for distribution of copies for preliminary
plan applications.
C.
Approval. The Planning Commission shall render its decision within 90 days after officially receiving the plan at a regular meeting. The decision shall be in writing and shall be communicated to the applicant personally or mailed to applicant's last known address not later than 15 days following the decision. The decision shall set forth the reasons for the disapproval, if that is the decision, specifying the defects found, describing the requirements that were not met and citing the provisions of the statute or ordinance relied upon. Failure of the Commission to reach a decision or to communicate it within the time limits shall be deemed an approval of the plan as presented. The final plan shall be dated and signed by the Chairman and Secretary of the Commission if approved, using the official stamp. The developer shall within 90 days of final approval record the approved plan in the Indiana County office of the Recorder of Deeds. Failure to record within the time limit shall void the plan. At the time of submittal of the final plan, the developer shall pay a fee in accordance with § 405-37 of this chapter.
D.
Guarantee that improvements will be completed. Before approving any
final plan application, the Planning Commission shall require that
the developer deposit with the Borough Council a guarantee of completion
of all improvements agreed upon at the time of final approval in the
form of a bond or the deposit of funds or securities to be held in
escrow, to the benefit of the Borough, such guarantee equal to 110%
of the value of the improvement as estimated by a qualified engineer.
The form and type of guarantee shall be approved by the Borough. The
Borough may permit partial release of the guarantee funds as construction
proceeds, provided that sufficient funds remain to complete all the
improvements in the estimation of the Borough Engineer. Annually,
the municipality may adjust the amount of financial security by comparing
the actual cost of the improvements which have been completed and
the estimated cost for the completion of the remaining improvements
as of the expiration of the 90th day after either the original date
scheduled for completion or a rescheduled date of completion. Subsequent
to this adjustment, the municipality may require the developer to
post additional security in order to assure that the financial security
equals 110%.
E.
Maintenance bond as condition of immediate acceptance. If the developer
requests the Borough Council to accept the improvements covered under
the guarantee immediately after their completion, each developer shall
post a maintenance bond or shall deposit funds or securities to be
held in escrow for the benefit of the Borough, such bond or deposit
to equal 15% of the value of the improvements as completed to run
for a period of 12 months. As a condition of accepting the developer's
offer of a maintenance bond or escrow deposit, the Borough Council
shall take responsibility for the improvements upon their completion.
The form and type of maintenance guarantee shall be approved by the
Borough Council.
A.
General information. Names and addresses of the property owner, developer,
and preparer of the plan; date that plan was prepared; total acreage
of the property; total number of lots or commercial units to be accommodated;
and density of development expressed as average lot size or number
of dwelling units per acre in a multifamily development.
B.
Map of existing conditions and proposed plan. Scale not smaller than
one inch equals 50 feet or such scale as recommended by the Subdivision
Administrator; North arrow; title block; graphic scale; boundary of
the property showing bearings and distances of all lines and arcs;
names of owners of abutting property which may be interpolated from
USGS data; existing and proposed sanitary sewer, water supply and
storm sewer lines in approximate locations; existing and proposed
easements noting purpose; existing structures, railroads, streams
and other natural features; proposed plan of lots showing approximate
dimensions for each lot line; proposed location and height of existing
and proposed buildings and parking areas; proposed areas of site grading
indicating percentage of finished slopes; name and dimensional requirements
of the zoning district, required lot and setback lines; and locational
map relating the site to prominent features in the vicinity at a scale
of the USGS map.
C.
Profiles. Where the developer proposes new streets, sanitary sewers,
and storm sewers the developer shall provide profiles along the center
line of the improvements showing grades with approximate percentages,
relationship to existing ground surface manholes, inlets, and approximate
lengths of tangents and curves.
D.
Engineer's report, at the discretion of the Planning Commission,
a report of stormwater collection and retention in terms of impact
on downstream properties may be required as well as feasibility of
water supply if provided by wells as to quality, quantity, and likely
depth, and presence of flood-prone or slide-prone land on the property
or adjacent property.
A.
General information. The plan shall be prepared in accordance with
the Professional Engineers Registration Law (P.L. 913, No. 367)[1] and shall be presented on permanent material at a scale
not smaller than one inch equals 50 feet or such scale as recommended
by the Subdivision Administrator; North arrow; graphic scale; the
preparing engineer's seal shall be shown; a key map shall be
provided if the plan is in sections to show the relationship between
the portion proposed for final approval and that given preliminary
approval; a title block shall be placed in the lower right corner
of the plan showing the plan name, name and address of property owner,
and prospective developer, if different; name and address of engineer;
and date of submission.
[1]
Editor's Note: See 63 P.S. § 148 et seq., the
Engineer, Land Surveyor and Geologist Registration Law.
B.
Plan for final approval and recording. All property boundary lines,
lot lines, street lines, and easement lines shall be shown by bearings
and distances to the nearest minute and tenth of a foot; zoning district
and building setback lines on all properties; street and easement
widths, pavement widths and street names; number of each lot running
consecutively over the entire plan given preliminary approval or number
corresponding to the assigned street number address, if requested
by the Borough; location of all monuments; designation of areas to
be dedicated for public or community use; names of abutting property
owners and subdivisions; location of structures, including height
of each and distances between adjacent buildings and between buildings
and adjacent property lines in a multifamily, commercial or industrial
plan; location of access points from adjacent roads, private drives
and parking areas indicating number of spaces if a multifamily, commercial
or industrial plan; proposed grading with contours at two-foot intervals
if a multifamily, commercial or industrial plan; sewage collection
lines showing line size, direction of flow and manholes; water distribution
lines showing line size, valves and hydrants; stormwater lines showing
line size, direction of flow, inlets and retention devices.
C.
Profiles. Along the center line of all new street sections and sanitary
sewer and storm sewer lines, profiles shall be drawn at the same scale
as the plan showing the lengths and grades of tangents and curves
and curve data of all roads; the lengths of sanitary and storm sewer
line sections and slope of each; manholes and inlets with top and
bottom elevations; stormwater impoundments showing dam, spillway and
drainpipe.
D.
Cross section. A section across a typical street right-of-way showing
materials to be used, depth of materials, dimensions, and grading
to create gutter lines.
E.
Supporting documents. Evidence that the property is owned by the
person submitting the plan or that person has entered into a sales
agreement for the purchase; a statement describing in detail the improvements
to be built by the developer, together with estimates of the cost
of each; a completion bond properly executed and approved by the Borough
Solicitor, or a certified check, drawn to Indiana Borough, to cover
the full cost of the public improvements; and any restrictive covenants
to be applied by the developer upon the sale of lots in the form of
recording.
