IMLCA Property Management - 2007-2008

INTRODUCTION

This Code establishes rules and regulations to control and regulate the construction, alteration, repair, location, maintenance, and removal of all buildings, structures, and improvements in Indian Mountain Lake in conformity with the lot covenants, community plan/scheme of development and other community standards and goals.

The Architectural rules and regulations are designed to:

• Encourage environmental excellence.
• Preserve the design, integrity, harmony, uniformity, and architectural quality of IML’s land and dwellings.
• Encourage and maintain high aesthetic standards for the IML community.
• Meet community development objectives according to the lot covenants and community plan.

All lot development and building construction in Indian Mountain Lake shall comply with this code and applicable law. If the lot owner perceives a conflict with any provision of the IMLCA Code and applicable building regulation authorized by the Pa. Construction Code Act (Act 45), the lot owner may request review of the perceived conflict by IMLCA, which shall conduct a review in an effort to reconcile or resolve the perceived discrepancy via a process established by IMLCA. Otherwise, the lot owner shall proceed to comply with the provision of the IMLCA Code.

NOTICE

Lot development and construction of buildings and structures are subject to and required to comply with the Pennsylvania Construction Code Act (Act 45) and regulations, codes and ordinances authorized or adopted thereunder or by reference thereto. You may confer with municipal officials for applicable ordinances adopting building codes/regulations, and/or refer to the Pennsylvania Construction Code Act (Act 45) for designation of applicable codes/regulations.

The Architectural Review Committee (ARC) will advise and assist the Board in matters regarding improvements and property maintenance within the Community and perform such other functions as directed by the Board.

The Board of Directors may also appoint a Codes Compliance Officer (CCO) to act as agent for the Association in matters pertaining to improvements and property maintenance, including but not limited to, processing applications, reviewing construction plans, inspections, and maintaining the records and reports of construction and property maintenance matters.

THIS CODE IS TO PROVIDE STANDARDS AND MINIMUM GUIDELINES FOR DEVELOPMENT OF COMMUNITY LOTS BY THE OWNERS AND THEIR BUILDERS, CONTRACTORS AND AGENTS FOR ASSOCIATION PURPOSES AND INTERESTS CONSISTENT WITH THE COMMUNITY PLAN. THERE SHALL BE NO LIABILITY ON THE PART OF THE ASSOCIATION FOR ANY ACT OR INACTION OR NEGLECT, OR ANY STATEMENTS OF ITS OFFICERS OR AGENTS, IN CONNECTION WITH ITS CONDUCT OR EFFORTS OF REVIEWING OR APPROVING PLANS, DESIGNS AND OTHER SUBMISSIONS, AND INSPECTING CONSTRUCTION, IMPROVEMENTS, BUILDINGS AND STRUCTURES, AND ANY STRUCTURAL AND BUILDING ALTERATIONS AND REPAIRS. THE ASSOCIATION DOES NOT INDEPENDENTLY VERIFY OR REPRESENT TO ANY LOT OWNER, CONSTRUCTION CONTRACTOR OR PERMIT APPLICANT (AND THEIR AGENTS) IN ANY MANNER OR TO ANY EXTENT, THAT THE APPLICABLE BUILDING OR CONSTRUCTION CODE(S) ARE MET, OR THAT ANY STRUCTURE IS PLANNED, DESIGNED, BUILT, ERECTED, IMPROVED, ALTERED, REPAIRED, OR PLACED ON THE LOT IN CONFORMANCE WITH ANY CODE, LAW, DEVELOPMENT/BUILDING PLANS, PRIVATE RESTRICTION OR COVENANT, PROPERTY BOUNDARY LINE OR THE CONSTRUCTION CONTRACT, AND ITS PROVISIONS, OR ANY LEGAL BUILDING OR CONSTRUCTION STANDARD. THE LOT OWNERS AND PERMIT APPLICANTS SHOULD HAVE NO EXPECTATION OF ANY BENEFITS OR PROTECTION FROM THE ASSOCIATION’S OFFICERS AND AGENTS IN CONDUCTING ANY ACTIVITIES OR PERFORMING ANY SERVICES FOR THE ASSOCIATION RELATIVE TO THIS CODE, AND SHOULD INDEPENDENTLY INSPECT AND ASCERTAIN COMPLIANCE WITH SAME FOR THEIR OWN PROTECTION OR IN THEIR OWN INTERESTS, AND NOT RELY UPON THE ASSOCIATION OR ITS OFFICERS OR AGENTS IN APPLYING OR ADMINISTERING THIS CODE, THE LOT COVENANTS, AND PRIVATE RESTRICTIONS OR APPLICABLE BUILDING REGULATIONS.

IMLCA PROPERTY MANAGEMENT CODE

I. APPLICATION INFORMATION

All persons desiring to undertake any new construction, structural alteration or changes in or on any building or lot, are required to apply to the Association for an Improvement Permit. The permit is acquired by completing the appropriate application forms and submitting the required permit fees. It shall be a violation of this Code or the Declaration, By-Laws and Regulations, for any person, firm or corporation to proceed with the erection, alteration, enlargement, demolition, or movement of a building, structure, or other improvements unless a completed application, fees, insurance certificates, and other such documents as required by the Association for an improvement permit shall have been submitted and an improvement permit granted. Permits will be granted to only those members in good standing at the time of application, and must be prominently posted on the property.

Permits will be granted to members not in good standing for emergency repairs only (roof repairs, plumbing, electrical, septic and well replacements). Before a permit is issued the CCO will conduct a visual inspection of the members property to evaluate the condition.

II. APPLICATION PROCEDURES

Section #1 – Submission of Application and Fees

Applications for an improvement permit are available at the IMLCA office. The owner or contractor must submit a duly executed application, plans, permits, insurance certificates, and other documents as may be defined in this Code or as may be required by the CCO and/or ARC, and the applicable fees as indicated in Part IX.

1. New house construction must be completed in one year. The exterior of a new structure must be completed within six (6) months of issuance of an IMLCA permit. One three (3) month extension, without additional fees, may be granted upon request to the Codes Compliance Officer provided the permittee can show good and satisfactory reasons(s) beyond the permittee’s control that the work cannot be completed within the six (6) month period from the original date of the permit.



2. Subsequent three (3) month permit extensions may be granted upon request to the Codes Compliance Officer. Any subsequent extensions require payment of the full permit fee.



3. New house permits are valid for one (1) year from date of issue. All other permits are valid for six (6) months.



4. All work on permits issued for six months must be completed on or before the expiration date. Subsequent three (3) month extensions may be granted upon request to the Codes Compliance Officer. any subsequent extensions require payment of a $100 permit fee.

Section #2 – Insurance

All contractors, sub-contractors, and/or owners shall supply to the Association, insurance certificates in the amount of $250,000.00 for General Commercial Liability Insurance coverage against and for property damage. A certificate of Business Vehicle Insurance and proof of Workers Compensation Insurance must also be submitted. The owner or contractor shall arrange for their insurance company to forward copies of the expiration dates for the above policies. The Association shall be named co- insured. These requirements shall apply to new construction or where floor or roof area is increased. All insurance referred to herein must be maintained at all times until completion. If insurance should expire without proper renewal submitted, the owner or contractor will be fined as per VIII - Fine Index.

If the owner is performing the work, proof of homeowners and auto insurance must be submitted with the application.

The owner or contractor shall arrange for the filing of a certificate of insurance evidencing the existence of the policy, its limits, co-insured, payment of the premium, and a fifteen (15) day notification clause before the policy may be canceled or terminated.

Section #3 – Registration/Certification

Any and all contractors, whether general contractors or sub-contractors shall be licensed or registered with either the state, county or township in which the work is to be performed. All licenses or registrations shall be provided on demand by any member of the Architectural Review Committee or the CCO and be made part of the application.

Section #4 – Requirements for Improvement Permit & Improvement Standards

The following must be submitted with the application for an improvement/demolition permit:

NEW HOUSE CONSTRUCTION PERMIT

1. One (1) copy of any and all Township Building Permits.



2. One (1) complete set of Plans fully dimensioned and specifications setting forth the extent and character of the work in all its structural parts.



3. One (1) copy of lot survey, with raised seal, from a registered Surveyor.



4. Two (2) copies of Plot Plan showing location of building on lot, the location of the well, septic system, and setbacks specified in property deed.



5. One (1) copy of township approved Septic Permit.



6. Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements. Permit Fee $300.00



7. Driveway drainage pipe information, if applicable. (See Appendix B)



8. Registration/Certification number(s) for contractors/sub-contractors.



9. Modular Transport Registration Form, if applicable.



10. Contractor vehicle list/sub-contractor list.



11. Completed and signed IMLCA Improvement/Demolition Application



12. One (1) copy of current property deed together with the chain of title, which contains the Covenants.



13. One copy of valid percolation test that goes with the permit for new house construction.

NEW HOUSE STANDARDS

A single family dwelling may be constructed with a maximum allowable height of 28 feet above average grade. Average grade is the average of grade level at the front and rear of the home.

Except as provided above the following are suggested for all residential construction for Indian Mountain Lake properties:

1. Single Story House, one acre lot – The house contain a minimum of 1320 square feet of living space.



2. Single Story House, one half acre lot – The house contain a minimum of 1200 square feet of living space.



3. One and a Half Story House, one half acre lot – the house contain a minimum of 1525 square feet of living space.



4. One and a Half Story House, one acre lot – the house contain a minimum of 1685 square feet of living space.



5. Two story house, one acre lot – The house contain a minimum of 2050 square feet of living space.

* Living space does not include basements, garages, attics, porches or decks.

ADDITION, GARAGE, PORCH PERMIT

1. One (1) copy of any and all Township Building Permits



2. One (1) complete set of Plans fully dimensioned and specifications setting forth the extent and character of the work in all its structural parts.



3. One (1) copy of lot survey, with raised seal, from a registered Surveyor.



4. Two (2) copies of Plot Plan showing location of building on lot, the location of the well, septic system, and setbacks specified in property deed.



5. Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements.



6. Permit Fee $210.00



7. Driveway drainage pipe information, if applicable. (See appendix B)



8. Registration/Certification number(s) for contractors/sub-contractors.



9. Modular Transport Registration Form, if applicable.



10. Contractor vehicle list/sub-contractor list.



11. Completed and signed IMLCA Improvement/Demolition Application.



12. One (1) copy of current property deed together with the chain of title, which contains the Covenants.

GARAGE STANDARDS

A maximum of a two car private garage may be attached to a house or added to an improved lot. A single or two car garage maximum height may not exceed eighteen feet (18’0”) in height and, is subject to approval if the height obstructs a neighbors view. A garage is limited to a maximum of 864 square feet. Under no circumstances is living space permitted in a garage.

SHED PERMIT

1. Placement of shed must comply with property setbacks as stated in the property owner’s restrictive covenants.



2. One (1) copy of lot survey, with raised seal, from a registered Surveyor if deemed necessary by the CCO or ARC.



3. Two (2) copies of Plot Plan showing location of building on lot, the location of the well, septic system, and setbacks specified in property deed.



4. Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements.



5. Completed and signed IMLCA Improvement/Demolition Application.



6. One (1) copy of current property deed together with the chain of title, which contains the Covenants.



7. One (1) copy of lot survey, with raised seal, from a registered Surveyor if deemed necessary by the IMLCA Codes Compliance Officer.

SHED STANDARDS

Sheds must meet the required setbacks, and adhere to the building code. Sheds are limited to a maximum of two hundred and forty (240) square feet. No more than two (2) sheds, as described above, may be placed on any one property.

DECK PERMIT

1. One (1) complete set of Plans fully dimensioned and specifications setting forth the extent and character of the work in all its structural parts.



2. One (1) copy of lot survey, with raised seal, from a registered Surveyor, if deemed necessary by the IMLCA CCO or ARC.



3. Two (2) copies of Plot Plan showing location of building on lot, the location of the well, septic system, and setbacks specified in property deed.



4. Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements.



5. Contractor vehicle list/sub-contractor list.



6. Completed and signed IMLCA Improvement/Demolition Application.
7. One (1) copy of current property deed together with the chain of title which contains the Covenants

DECK STANDARDS

To place or erect new, or replace an existing deck on an improved lot, decks must meet the required setbacks, and adhere to the building code.

PORCH ENCLOSURE / SUN ROOM / ALL SEASON ROOM / CAR PORT PERMIT

1. Two (2) copies of Plot Plan showing location of building on lot, the location of the well, septic system, and setbacks specified in property deed.



2. Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements.



3. Contractor vehicle list/sub-contractor list.



4. Completed and signed IMLCA Improvement/Demolition Application.



5. One (1) copy of current property deed together with the chain of title which contains the Covenants.

SEPTIC REPAIR/WELL REPLACEMENT PERMIT

1. One (1) complete set of Plans fully dimensioned and specifications setting forth the extent and character of the work in all its structural parts.



2. One (1) copy of lot survey, with raised seal, from a registered Surveyor.



3. Two (2) copies of Plot Plan showing location of building on lot, the location of the well, septic system, and setbacks specified in property deed.



4. One (1) copy of township approved Septic Permit.



5. Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements.



6. Contractor vehicle list/sub-contractor list.



7. Completed and signed IMLCA Improvement/Demolition Application.



8. One (1) copy of current property deed together with the chain of title which contains the Covenants.

SEPTIC / WELL STANDARDS

The Association is not responsible to the owner or any adjacent owners for the location of septic systems and wells on a lot. The location of the septic and well are to be determined by the respective Township Sewage Enforcement Officer, if any. The Association will not undertake any duty to examine the location of the septic or well on the subject lot or any adjacent lot.

DRIVEWAY PAVING PERMIT

1. Two (2) copies of Plot Plan showing location of building on lot, the location of the well, septic system, and setbacks specified in property deed if deemed necessary by the IMLCA CCO or ARC.



2. Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements.



3. Driveway drainage pipe information, if applicable. (See appendix B).



4. Contractor vehicle list/sub-contractor list.



5. Completed and signed IMLCA Improvement/Demolition Application.

DRIVEWAY STANDARDS

1. All driveways shall be constructed so as not to impair drainage within the right of way, alter the stability of the improved area or change the drainage of adjacent areas. No increase in the flow of water onto the roadway or right of way or on to any property of some other will be permitted.



2. Where a drainage ditch or swale exists, the owner or contractor shall install an adequate pipe under the driveway. The permit applicant must secure from the Association the size of the drainage pipe. Drainage pipes shall be installed so that the grade requirements are met and so that the water will flow freely through the pipe. The applicant is responsible for all engineering costs related to the size of the pipe and deductions may be made from the security deposit in Section #34 hereof.

ROOF / SIDING PERMIT

Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements.

1. Contractor vehicle list/sub-contractor list.



2. Completed and signed IMLCA Improvement/Demolition Application.

ABOVE GROUND FUEL STORAGE TANK INSTALLATION PERMIT

1. Completed and signed IMLCA Improvement/Demolition Application.



2. One (1) copy of current property deed together with the chain of title, which contains the Covenants.

ABOVE GROUND FUEL STORAGE TANKS (OIL, KEROSENE, PROPANE) STANDARDS

Any underground fuel storage tank installation is prohibited. Placement of tank(s) must meet the required structure setbacks. Owner-owned fuel storage tank(s) must be painted with a light colored paint (for safety reasons, dark colors may cause fuel to expand). All owner-owned above ground fuel tanks must be installed in a raised position on a concrete pad or lentils as required. The permit does not evidence the compliance with applicable law regulating such tanks but is only intended for aesthetics.

FENCE PERMIT

1. One (1) copy of lot survey, with raised seal, from a registered Surveyor.



2. Plot Plan with fence placement, height and type fencing to be used.



3. Completed and signed IMLCA Improvement/Demolition Application.

FENCE STANDARDS

Natural (bushes, shrubs, trees) fences, fences made of wood, wood products, or vinyl may be erected on the rear and sides of a property. All fencing must be within the minimum setbacks and easements as set forth in the deed (s) in the chain of title. No more than one third of the property frontage may be fenced in any manner. However, a split rail fence may extend farther along the property frontage. No fence, with the exception of a natural fence, may exceed four (4) feet in height. Fences must not enclose or obliterate more than fifty (50) percent of the view into or from any lot. On previously clear cut properties (prior to August 2000) fences must be installed a minimum of two (2) feet off the property easement. No Chain Link fencing is permitted except for approved pet enclosures as described in SECTION #18. No permit is required for natural fencing.

PET ENCLOSURE PERMIT

1. Plot Plan with fence placement, dimensions including height and type fencing to be used.



2. Completed and signed IMLCA Improvement/Demolition Application.

PET ENCLOSURE STANDARDS

Chain link pet enclosures must conform to one of the following two dimensions; 8’ high by no more than 10’ by 10’ OR 8’ high by no more than 7’ by 16’ long. Pet enclosures must be located to the rear of the property within the property setbacks.

POOL PERMIT

1. Plot plan with pool placement on lot, fence layout, deck layout, gate placement.



2. Completed and signed IMLCA Improvement/Demolition Application.



3. One (1) copy of lot survey, with raised seal, from a registered Surveyor if deemed necessary by the IMLCA CCO or ARC.



4. See page 14 for specifications.

POOL STANDARDS

Pools must meet the required structure setbacks. In ground pools must be completely fenced to a height of five feet (5’0”). The fence may contain only one (1) self closing, locking gate, completely visible from the residence. The fence shall be constructed so as to make scaling from the exterior impossible. On ground pools must be a minimum of four feet (4’0”) high with a one foot (1’0”) railing extension attached around the complete perimeter of the pool. The total five foot (5’0’) height shall be measured from the ground to the top of the fence or rail at all areas. On ground pools not meeting the required height standard of five feet (5’0”) must be fenced as per in ground pool regulations (see above). Decks attached or adjacent to on ground or in ground pools must be fenced to the required height and contain self-closing, locking gates. All steps to adjacent decks or pools must be removable, fold up or gated to prevent unauthorized entry. Filters and other pool related machinery shall be placed in inconspicuous areas.

THE ASSOCIATION HAS NO RESPONSIBILITY FOR ANY INJURY, DEATH OR LOSS WITH RESPECT TO COMPLIANCE WITH THE STANDARDS SET FORTH IN THIS PARAGRAPH NOR DOES THE ASSOCIATION HAVE A CONTINUING OBLIGATION WITH RESPECT TO COMPLIANCE.

PERC TEST PERMIT

1. Date of test, date of backfill, location of test holes and results of test submitted to the Association.



2. Permit Fee $50.00



3. Completed and signed IMLCA Improvement/Demolition Application.

PERC TEST STANDARDS

A Permit is required to conduct a perc test on any lot. An owner or contractor conducting a perc test on a property must re-fill the test excavation with ten (10) days of the test findings. Failure to re-fill the excavation will result in a fine of fifty (50) dollars per day plus costs.

BLASTING PERMIT

1. Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements.



2. Registration/Certification number(s) for contractors/sub-contractors.



3. Contractor vehicle list/sub-contractor list.



4. Completed and signed IMLCA Improvement/Demolition Application.



5. Blasting permit application shall include demolition technician licensing, liability insurance of $250,000 or more and proof of notification of property owners within one thousand (1000) feet of blasting site.

BLASTING STANDARDS

A permit is required to perform any blasting operation within the Indian Mountain Lake Development. Blasting of rock, boulders, shale or hardpan must be approved by the ARC or their representative and shall be done by a qualified, licensed and experienced demolition technician approved by the ARC. Written notice of blasting (certified mail) must be given at least seven (7) days in advance to all home owners within one thousand (1000) feet of the blast site. The issuance of a permit is only intended for notification purposes of the Association and does not evidence a consent to such activity or the safety of any such operation. The Association may not be held liable for any violations of this subparagraph or any resulting damage.

DEMOLITION PERMANENT STRUCTURE PERMIT

1. Insurance Certificates – Vehicle, General Liability of $250,000 or more and proof of Workers Compensation Insurance – If work is to be performed by the property owner, see Section #2 of this Code for submission requirements.



2. Registration/Certification number(s) for contractors/sub-contractors.



3. Contractor vehicle list/sub-contractor list.



4. Completed and signed IMLCA Improvement/Demolition Application.

The Association is not liable for any mistakes or misrepresentations on any submitted materials, nor does it verify same. Further, in the event construction is commenced or completed in derogation of any submitted materials (including but not limited to any surveys, septic reports or otherwise), the Association shall have no liability to the Owner, contractor, subsequent owners, adjacent owners, or any other person.

Section #5 - Review of Application

All submitted plans and permits, together with all other documentation and required fees necessary to acquire a permit shall be reviewed by the Codes Compliance Officer within thirty (30) days of proper filing. Proper filing is the date when all the aforementioned items have been submitted in their entirety to the IMLCA office. Incomplete applications will be rejected.

Section #6 – Denial of Permit/Appeals

For denial of a permit, extension thereof or release of security deposit the property owner shall have the right to appeal to the IMLCA Board of Directors by submitting a written request to the Association office within ten (10) days after the written notice of denial is issued. The denial notice shall set forth the reason (s) for the denial of the permit. The written appeal request from the property owner shall state the reason (s) why the property owner disagrees with the decision and any other information the property owner deems pertinent to the appeal. The Board of Directors will consider the appeal at its next regularly scheduled Board meeting. The appealing party may or may not appear at this meeting. The Board of Directors shall notify the property owner in writing of their decision. All decisions of the Board are final.

III. VARIANCES

An owner in good standing with the Indian Mountain Lake Civic Association may request a Property Management Code variance. Said request must be in writing, stating the reasons for the variance request, and presented to the IMLCA Architectural Review Committee. A variance is an authorized minor departure from the Property Management Code in direct regard to a hardship peculiar to an individual lot. The Architectural Review Committee will consider the following conditions and present their recommendations regarding the variance request to the Board of Directors

1. It is unreasonable or impossible to develop the property in strict conformance with the Property Management Code because of the lot size, shape, or topographic configuration.



2. That such unnecessary hardship has not been caused by the owner or his agent.



3. That the variance will not alter the essential character of the community nor impair the use or development of adjacent property.



4. That the variance will represent the minimum possible departure from the Property Management Code that will afford relief.

The Architectural Review Committee will document the variance hearing, set forth their recommendations and provide reason (s) for their recommendation (s).

Notices: Adjacent property owners within Three hundred (300) feet, including those across streets or bodies of water, are to be notified of the date, time and location of a variance hearing if deemed necessary by the Architectural Review Committee. Said owners shall be given the opportunity at the hearing to voice opinions. Notices shall be sent in writing by Certified Mail to the last address shown on Association records. All notices shall be paid for by the owner requesting the variance.

Decisions: The Board of Directors shall review the findings and recommendations of the Architectural Review Committee at its meeting and may, by an affirmative vote of the majority of the Board affirm, modify, or reject all or any part of the findings and recommendations of the committee.

IV. STANDARDS OF IMPROVEMENT REGULATIONS

Section #7 - Setbacks

The owner and/or contractor shall submit to the Association a plot plan with easements, well and septic location, driveway placement and setbacks from the property line to the front, rear and sides of the structure(s) to be built or added. The required minimum setbacks for Structures, Easements and Well and Septic are as set forth in the deed(s) in the chain of title which is to be furnished concurrent with this information.

Section #8 - Temporary Structures

No structure of temporary character, trailer, tent, shack, garage, barn, or other outbuilding shall be used on any lot, at any time, as a residence, either temporarily or permanently, including mobile homes as defined by Federal and State Rules and Regulations.

Section #9 – Mobile Homes

No mobile homes of any size, type or description are permitted to be used as permanent or temporary living quarters or storage facilities on any lot in Indian Mountain Lake, regardless of whether such homes have their axles removed and/or are placed on permanent foundations. Factory built modular homes are acceptable as living quarters as long as all Property Management Code requirements are met.

Section #10 - Pole / Metal Buildings

Pole or metal buildings may be constructed only if exterior is architecturally and aesthetically consistent with residential dwelling. Bare metal exteriors are not permitted.

Section #11 - Modular Homes

In the case of Modular homes, refer to Indian Mountain Lake Board of Directors Resolution dated July 11, 1992. (Appendix A).

Section #12 – Windmills/Wind Energy Conversion Systems

Windmills/Wind Energy Conversion Systems may not be erected on any residential lot within Indian Mountain Lake.

Section #13 – Wood Furnace

Outdoor Wood Furnaces may not be installed on any residential lot within Indian Mountain Lake.

Section #14 – Lot Clearing And Tree Removal

There shall be no clear cutting of properties. A minimum of a ten (10) foot buffer of natural/native shrubbery and or trees must be maintained, measured from the side and rear property easements.

Section #15 – Ditches, Swales And Driveway Pipes

During construction it is the responsibility of the contractor to keep swales free of debris and unimpeded.

Responsibility of Property Abutting Drainage Swales

It shall be the primary responsibility of each residential lot, by its owners, to diligently, effectively, and properly maintain and keep that portion of the drainage swale within or abutting such property, and all drainage facilities thereat, including the driveway pipe serving such property’s access, clean and free of obstruction by the thorough removal of such vegetation and debris. The owners of such lots shall be responsible for periodically inspecting the drainage swale, and its pipes and other facilities, for accumulations of material and debris and obstructions thereof, and for clean-out and obstruction removal.

If the owners of their respective lots desire to, but cannot personally service their portion of the drainage swale, they must hire or engage another to capably perform the service.

If the owners of their respective lots do not so maintain and keep such drainage swale clean and free of obstruction, then IMLCA may, without any obligation, do so, and the cost thereof shall be assessed to the respective lot.

If a claim is presented to or lawsuit is asserted against IMLCA for property damage or other losses sustained by the property owner abutting the drainage swale or others due to water accumulation or flooding and wet/icy conditions caused by a property owner’s failure to so maintain their respective drainage swale, the responsible property owner shall be held liable by IMLCA for such damages or losses, and for all of IMLCA’s costs and attorneys fees in administering the claim or defending the lawsuit.

IMLCA’s Responsibility

IMLCA’s drainage maintenance responsibility shall be limited to that portion of drainage swales within or abutting the common areas and its properties.

IMLCA shall not be obliged to inspect the drainage swales abutting the residential lots and inform their respective lot owners or occupants of the swale condition, but may do so after it is notified of such swale conditions or water accumulation or flooding are brought to its attention. Nothing herein is intended to create any duty for IMLCA to any lot owner, resident, tenant, occupant, guest, or visitor and otherwise for any harm (injury or damage) to person or property.

Enforcement

A violation of this policy and regulation, or an owner’s refusal to otherwise cooperate in good faith with the administration hereof may result in IMLCA disciplinary action, and legal action by IMLCA to collect the assessment for the cost of such clean-out and obstruction removal or to enforce the lot owner’s maintenance responsibility, plus collection of all of its Court costs and attorney’s fees.

Section #16 – Site Maintenance

No building site shall be kept in an unsightly manner as determined by the Association. Contractors must have a dumpster on site when framing begins and kept on site until construction is complete.

Section #17– Removal of Refuse

1. Owners/Contractors are to remove all refuse from the building site. No dumping is permitted by the Association. Owners/Contractors are not permitted to dispose of or place for disposal such refuse by the Association’s trash contractor. Failure to comply with this regulation will result in an initial $250.00 fine which may be deducted form the security deposit in Section #34 hereof and any court costs that may be incurred.



2. No burying of trees or stumps on property.

Section #18 – Landascaping

The cleared area that remains after completion of construction shall be free of tree stumps and excavated rocks. All other debris will be removed from the job site. Property shall have proper drainage so as not to interfere with the drainage of the adjoining lots or roadway.

Section #19 – Burning/Fires

Fires are prohibited within the boundaries of Indian Mountain Lake.

Section #20 - Dirt and Debris on Roads

No dirt or debris shall be deposited on the roads or shoulders of Indian Mountain Lake. In the event of same it shall be immediately removed.

Section #21 – Sediment Barriers

Sediment barriers must be installed to prohibit sediment from entering ditches, swales or roadways.

Section #22 – Job Site Access

Access to job site from roads must be installed with proper aggregate without impeding the flow of water.

Section #23 - Signs

1. A general contractor must erect a sign with only lot and section identification visible from the road prior to start of any work on property.



2. Other signs of any kind are not permitted.

Section #24 – Vehicles and Construction Equipment

1. All contractors, sub-contractors and their employees, must secure a contractors vehicle pass for each vehicle, which must be displayed on the vehicle for identification purposes.



2. At the time of the application for the contractor vehicle pass, the contractor shall show proof of insurance as required in Section #2 of this Code.



3. Sub-contractor shall show proof that he/she is covered by the general contractor or has his/her own liability insurance as required in Section #2 of this Code.



4. No construction equipment shall be placed, or used on any road, unless it is equipment with rubber tires and complies with all Penn Dot requirements for such use on public roads. All equipment moved from site to site must be moved on flatbed trucks. The contractor shall be fined $500 and be liable for all damages for failure to comply. Equipment so used must be done in a safe and prudent manner and the owner and contractor indemnify and hold harmless the Association from all such claims related thereto.



5. All vehicles must park off the road and road shoulders. Citations will be issued for violations. Only the member property where work is being performed may be used for parking. Parking on any otherproperty must be with written authorization from the property owner.



6. No commercial parking over ten (10) tons in gross weight, except when construction is in progress.



7. Portable Toilets are acceptable, however they shall be placed as close as possible to building site and not within IML, right of way.

Section #25 – Construction Vehicle Weight Limits

All construction related vehicles in excess of ten (10) tons are prohibited from entering Indian Mountain Lake whenever such signs are posted at either or both Indian Mountain Lake entrances during thaw conditions subject to applicable law and regulations.

Section #26 – Area Lighting

No area lighting shall be attached to road side poles. Area lighting shall be permitted on the owner’s lot with a pole height limit of 15 feet.

Section #27– Miscellaneous

The safety and well being of all community members must be maintained at all times. The Protective Covenants and Restrictions as well as the Indian Mountain Lake Civic Association Rules and Regulations must be adhered to. Any violation of same will be subject to community and local enforcement.

1. Speed limit is twenty five (25) mph where posted and fifteen (15) mph in all other areas.



2. Construction Hours:
1. Contractor/Sub-Contractor:

Monday – Friday - 7:30 a.m. to 5:30 p.m.
Saturday - 9:00a.m. to 1:00 p.m.
Sunday and Holidays - No Work Permitted


2. Resident/Owner

Monday – Saturday - 7:30 a.m. to 5:30 p.m.
Sunday and Holidays - 9:00 a.m. to 4:00 p.m.

Exceptions for emergency repairs, roofing, electric, plumbing, well, and septic may apply. The Board reserves the right at any time and from time to time the right to change the hours of work and the issuance of a permit does not vest any rights with respect to working hours.

V. COMPLIANCE INFORMATION

Section #28 – Inspections

The Codes Compliance Officer will carry out periodic inspections during the progress of work as are necessary for the Associations purposes and not to create a duty or liability to the owner.

All lot boundaries must be surveyed by a certified surveyor and clearly defined by surveyor’s stakes or existing pins prior to the second inspection.

The owner or contractor must notify the Association at least twenty four (24) hours prior to when work is ready for inspection. Inspections will be made within two (2) business days from date of notification. Work must not proceed in a manner which will preclude the inspection until it has been made and approval given. The following are required inspections that will apply:

1. Review of plans for structure location, elevations, plan and design and lot setback requirements and other requirements of the lot covenants and IMLCA Rules/Regulations.



2. Driveway pipe and installation if applicable. (See Appendix B, pg 24).



3. Final Inspection for compliance with property maintenance requirements.

The Association shall have the right only, but not any duty, to inspect all improvements and alterations made or incorporated to the property. The Owners, their successors and assigns shall not rely upon any inspection which the Association had performed or may have been privileged to perform under this Code.

Section #29 – Stop Work Order

1. The Association may issue a “Notice of Violation” indicating the alleged violation and any fine, to the owner or the contractor. The correction of the violation must be taken immediately and continued until abated. In the event the violation is not corrected within ten (10) days or less of the notice, a “Stop Work Order” may be issued.



2. All stop work orders will be conveyed in person or by telephone, and followed up in writing.



3. The owner/contractor will have ten (10) days or less (as provided above) to bring all work into compliance and may not proceed with any work, other than correction in the area of the violation, until the Association Codes Compliance Officer inspects the corrected work and issues a written order of continuance. If the violation is not corrected within the required ten (10) calendar days or less, a complete “Stop Work Order” will be issued. Thereafter, no work of any kind may continue on the site until the Association and the owner/contractor resolve the outstanding issues, and the Association issues a written order to continue. The owner/contractor may be fined $100.00 per day if the work is not corrected after the ten (10) day or less grace period.

If this Code, the By-Laws or any rule is violated by either the owner, the general contractor, or any sub-contractor, the cost of any damage or corrective action and/or fine by the Association will be charged to the property owner’s account exclusive of any restriction on non-exclusive easement rights as provided by law. Said charge will be made regardless of whether the owner or contractor violated the rule or caused the damage. The property owner shall have the right to appeal these charges to the IMLCA Board of Directors by submitting a written request to the Association office within ten (10) days after the notice of charges. The written appeal request from the property owner shall state the reason (s) why the property owner disagrees with the Association’s decision and any other information the property owner deems pertinent to the appeal. The Board of Directors will consider the appeal at its next regularly scheduled Board meeting. The appealing party may or may not appear at this meeting. The Board of Directors shall notify the property owner in writing of their decision. All decisions of the Board are final.

Section #30 – Property Owner Responsibility

The property owner shall be liable for any and all fines which may or may not exceed the security deposit for failure to adhere to the IMLCA Property Management Code. The property owner shall also be liable for any and all violations of the IMLCA Rules and Regulations incurred by their contractors or sub-contractors including fines, damages and costs associated with said violation.

The property owner shall be responsible for ensuring compliance with the Code for themselves, their builders and contractors, and they shall further be responsible for notifying all subsequent purchasers that the Association is not responsible for compliance with the code.

Section #31 – Letter of Compliance

Letter of Compliance is issued solely based upon the fact that improvements have met IMLCA requirements set forth in the IMLCA Property Management Code.

VI. INDEMNIFICATION WAIVER AND HOLD HARMLESS

The Association does not make any representation on design, construction boundary lines, septic or well placement and all persons waive any and all claims related to same. The regulations set forth in this document are for the protection of the Association. Construction Permit Applicants, whether owners, successors and assigns whether by voluntary or involuntary conveyance, or contractors have no independent rights hereunder or claim for malfeasance, nonfeasance or misfeasance. Since the primary purpose of the Property Management Code of the Association is to assist healthful and harmonious living, and to promote, assist and encourage the collective interest of all owners in the development, it must be understood by all applicants that neither the Association management, or it’s staff, the committees, the Board of Directors of the Association, it’s officers and directors, nor any person acting on behalf of any of them shall be responsible in any way for any errors, failures, or defects with the designs, plans, and specifications for buildings and structures and in any work done relative to planning, designing, erecting and constructing any buildings or structures. Further, the owners, their agents and builders shall indemnify, hold harmless, protect, exonerate and defend the Association, and their successors and assigns, its staff and employees, committees, directors and officers, management, and any person acting on behalf of any of them, from and against any and all costs, claims or liabilities arising out of actions taken or decisions made while administering this Code in any respect, or performing any duty, or failing to perform any duty, whether based on or due to error, fault, negligence, or otherwise.

The Association shall not be responsible for, and have no liability whatsoever for:

1. The placement, siting, design, erection, construction and alteration of buildings and structures and all of its components, accessories and facilities;



2. The designs, plans, and specifications for the buildings and structures and all of its components, accessories and facilities;



3. The building practices, workmanship, testing and inspections employed for erection and construction of the buildings and structures and all of its components, accessories, and facilities;



4. All lot and construction inspections which the Association may have been privileged to perform or may actually perform;



5. The approvals and issuance of any of its permits;



6. The condition of lots and the quality of its soil;



7. The suitability of lots for improvements, structures and building activities and an on-site water well and sewage system; and



8. The on-lot placement, location, and siting of water well and sewage facilities relative to those within adjoining lots.

By its approval of building applications and plans, inspections, or issuance of permits, undertaking services and conducting its activities the Association does not make any representation with respect to actual lot conditions, accuracy of information submitted to the Association, building design, construction, location and siting the buildings and structures, structural durability and integrity, building quality and workmanship, boundary and building lines, septic and well placement, and soil suitability and quality of an on-site well and sewage system, and the adequacy, sufficiency, and suitability thereof. The owners, their successors and assigns, waive and release any and all claims against the Association, its agents, representatives, employees, committee members or any person acting on its behalf, related to same.

PROPERTY IMPROVEMENT PERMIT APPLICANTS (“OWNERS”), AND THEIR CONTRACTORS, AND THEIR SUCCESSORS AND ASSIGNS, HAVE NO CLAIMS AGAINST THE ASSOCIATION AND ITS REPRESENTATIVES OR AGENTS FOR MALFEASANCE, NONFEASANCE OR MISFEASANCE IN ADMINSTERING THIS CODE. FURTHER, YOU AGREE NOT TO SUE THE ASSOCIATION, ITS OFFICERS AND AGENTS FOR, ANY ACT OR FAILURE TO ACT, AND ANY NEGLIGENCE INCLUDING WITHOUT LIMITATION NEGLIGENT INSPECTION OF CONSTRUCTION OR REVIEW AND APPROVAL OF PLANS WHICH MAY BE REQUIRED OR PRIVILEGED BY THIS CODE OR NOT BE COMPLIANT WITH THE CODE WHETHER BY MISTAKE OR OTHERWISE. ANY VARIATION OR IMPERMISSIBLE MODIFICATION OF THE CODE OR ITS APPLICATION, BY ERROR OR MISTAKE IN JUDGMENT, INADVERTENCE, NEGLECT, OR ANY INTENT OR OTHER STATE OF MIND OF AN ASSOCIATION OFFICIAL OR AGENT, MAY NOT SERVE AS THE BASIS OF ANY LAWSUIT AGAINST THE ASSOCIATION. WHENEVER THE TERM “ASSOCIATION” IS USED IN THIS CODE, IT SHALL INCLUDE ALL OFFICERS, EMPLOYEES, AGENTS, OR OTHERS SERVING ON BEHALF OF THE ASSOCIATION.

VII. AMENDMENTS TO THE PROPERTY MANAGEMENT CODE

This Property Management Code may be amended, expanded, or modified from time to time in the best interest of the Indian Mountain Lake development and the IMLCA. Such changes shall be approved by the IMLCA Board of Directors.

VIII. FINE INDEX

1. Construction without an IMLCA Improvement Permit
   Fine: $250.00



2. Non compliance with driveway & driveway pipe regulation
   Fine: $500.00



3. Demolition without first obtaining an IMLCA permit
   Fine: $250.00



4. No contractor vehicle pass
   Fine: $25.00 a day



5. Fire /burning
   Fine: $500.00



6. Refuse left on site after construction
   Fine: $250.00 + disposal



7. Construction equipment being moved without use of a flatbed truck

Fine: $500.00


8. Entire exterior of structure incomplete within six (6) months or entire project incomplete on or before expiration date:
   Fine: $250.00 + expenses



9. Entire exterior of structure or entire project incomplete:
   within the three (3) month extension period
   Fine: $250.00
   Each three (3) months thereafter
   Fine: $250.00



10. Failure to provide insurance
    Fine: $500.00
    Insurance not submitted after initial fine
    Fine: $25.00 per day



11. Expiration of insurance
    Fine: $500.00
    Renewal not submitted after initial fine
    Fine: $25.00 per day



12. Builders Advertising sign oversized, or fastened to
    trees or on building, or not removed on time.
    Fine: $50.00 per day



13. “Stop Work Order” violated
    Fine: $150.00 per day



14. Failure to set modular sections within forty eight (48)
    hours of delivery, including removal of trailer.
    Fine: $100.00 per day



15. No dumpster on site
    Fine: $250.00 per day



16. Use of, or attempted use of IMLCA trash contractor
    by construction contractor
    Fine: $250.00 + cost



17. Violation in the same category in a twelve (12) month period, excluding continuing violations for which owner/contractor was previously cited.
    Fine: Double Original Fine



18. Lot kept in an unsightly manner
    Fine: $25.00 per day



19. Use of a structure, other than a completed dwelling, as a residence, either temporary or permanent.
    Fine: $50.00 per day



20. Non compliance with construction vehicle weight limits
    Fine: $100.00 per day per vehicle



21. Vehicle parked on road or road shoulder
    Fine: $100.00 per occurrence



22. Parking of commercial vehicle in excess of ten (10) tons except when active construction is in progress
    Fine: $50.00 per day



23. Lot clearing violation
    Fine: $500.00 + tree replacement



24. Working before or after specified work hours
    Fine: $250.00



25. All other violations
    Fine: $50.00 per day

In addition to all fines (I) Owners and contractors shall remain liable for all damages, and (II) the Association reserves the rights to pursue additional legal and equitable rights. Further, with respect to members, the Arbitration Committee may recommend additional fines or greater amounts than indicated in the Fine Index, together with other charges and costs.

IX. SCHEDULE OF FEES

1. New House Construction
   Fee: $300.00



2. Addition
   Fee: $210.00



3. Garage
   Fee: $210.00



4. Porch
   Fee: $210.00



5. Shed
   Fee: $ -0-



6. Deck
   Fee: $ -0-



7. Porch enclosure
   Fee: $ -0-



8. Septic repair
   Fee: $ -0-



9. Well Replacement
   Fee: $ -0-



10. Driveway paving
    Fee: $ -0-



11. Roofs & Siding
    Fee: $ -0-



12. Fuel Tank Install
    Fee: $ -0-



13. Fence
    Fee: $ -0-



14. Pet Enclosures
    Fee: $ -0-



15. Swimming Pool
    Fee: $ -0-



16. Perc test
    Fee: $ 50.00



17. Blasting
    Fee: $ -0-



18. Demolition
    Fee: $ -0-



19. Modular Homes Escort Fee
    Fee: $ 125.00

APPENDIX A

RESOLUTION OF THE BOARD OF DIRECTORS OF IMLCA

WHEREAS, it has come to the attention of the Board that modular housing travels over the roads of Indian Mountain Lake Development hereinafter call the “Development”; and

WHEREAS, it has been reported to the Board that modular housing presents certain hazards to pedestrians, traffic and property; and

WHEREAS, the Board desires to observe and facilitate the movement of modular housing within the Development;

NOW THEREFORE BE IT RESOLVED THAT:

1. Modular housing for the purpose of this resolution is defined as any pre-assembled structure or constituent, or part thereof, which is intended to be used for habitation, or out buildings related to same; and



2. No modular housing shall be placed or otherwise transported on the roads of the Development without the lot owner/member:



1. Registering same at the IMLCA office at least forty-eight (48) hours prior to the intended placement or transportation, and supplying at such time the date and time of same together with a proposed route; and secure a confirmation or modification to same.



2. Securing an escort for the approved route, and



3. Said persons shall pay at the time of registration a non-refundable minimum fee of fifty (50) dollars; and



4. A separate registration and fee shall be required for each modular housing unit which is intended to be placed or transported on different days, or not within a four (4) hour consecutive span on the same day from point of origin to designation;



5. The escort service is intended to observe the movement of the modular housing upon the roads of the development and NOT to ensure the safe movement of the modular housing. It is not the intention of the Board to create or expand any duty upon the Association or its agents to provide for the safe movement of the modular housing; and



6. Nothing herein shall operate to lessen or excuse any liability or obligation of any person for any damage, cost, expense or action for the placement or transportation of the modular housing. The lot owner/member shall have full responsibility for ensuring the safe movement of the aforesaid; and



7. The Manager is given authority to prepare forms and otherwise carry out the intent of this resolution.

Motion made by Stanley Szymanski, seconded by Joe Piccone. Unanimously passed.

July 11, 1992