The Board of Supervisors shall have the jurisdiction and control of the subdivision, land development and/or resubdivision of land located within the Township limits. Whenever any subdivision of land is proposed, before any contract for the sales or lease of any part thereof, and before the erection of a structure in such proposed subdivision, or land development, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision or land development in accordance with the following procedures, which include basically three steps:
In order to discharge the duties imposed by law, the Board of Supervisors had adopted the following procedures:
Application. These procedures shall be followed by any person seeking approval of a plan of a subdivision, land development, site plan, commercial addition, resubdivision, conditional use, or special exception. The application shall conform to the requirements of these regulations.
Approval required. No subdivision, land development, site plan, commercial addition, resubdivision of any lot, tract or parcel of land shall be affected; no street, sewer system, storm sewer, water system, or other facilities in connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel or for common use of occupants of buildings or land abutting thereon, except upon approval of the final plan and in strict accordance with the provisions of these regulations, except if such subdivision is recorded by the Monroe County Recorder of Deeds prior to the 1965 Township of Tobyhanna subdivision regulations.
Resubdivision procedure. For any replanning or resubdivision of land, the same procedure, rules, and regulations shall apply as prescribed herein for an original subdivision.
Land development waiver. Except for improvements that include a drive-through, any commercial or industrial building or structure improvement up to 3,000 square feet will be eligible for a land development waiver so long as the proposed improvement is in conformance with and follows the Tobyhanna Township Design Guidelines ("Guidelines") attached hereto and made a part hereof as Appendix A, 135 Attachment 1. An architectural rendering incorporating the Guidelines must be submitted to the Township along with an application for land development waiver, to establish that the proposed improvement complies with and follows the Guidelines. A copy of the application shall be sent to the Monroe County Planning Commission for a thirty-day review and comments. The Monroe County Planning Commission comments, the application and Township staff comments shall be reviewed by the Board of Supervisors who shall either approve the land development waiver or reject same at a public meeting. No review by the Township Planning Commission shall be required. The time period to complete the review of the land development waiver application shall be the same as set forth in § 508 of the Pennsylvania Municipal Planning Code, 53 P.S. § 10508. A parcel, lot or property on any part thereof shall only be eligible for a land development waiver granted by the Board of Supervisors pursuant to this section so long as no other land development waivers pursuant to this section have been granted for the same parcel, lot or property on any part thereof in the preceding five calendar years.
[Added 5-8-2017 by Ord. No. 534; amended 8-14-2017 by Ord. No. 536]
The sketch plan is an informal meeting with the Planning Commission to discuss concepts and general design. There are no fees and formal review occurs at preliminary and final submission of plans. At sketch plan phase the plan is categorized as a minor or major subdivision, land development, conditional use or special exception.
No more than one minor subdivision may be approved on the original tract in the same ownership over a period of six years.
If ownership of the original tract has been transferred since approval of the first minor subdivision, submission of a second or subsequent minor subdivision on the original tract must be accompanied by a notarized statement that the original owner of the original tract has no further interest in the tract.
Minor and major subdivisions and land development preliminary plan submission procedure.
Eight copies of preliminary plans for all proposed major or minor subdivisions of land lying within the Township shall be filed with the Township Manager.
Submission to county. The applicant shall also forward one copy of such plans and supporting documents to the Planning Commission of the County of Monroe for action or information as appropriate. The Township shall not approve such applications until the county report is received or until the expiration of 30 days from the date of application was forwarded to Monroe County.
Date of consideration. Provided that plans and necessary supporting data are filed not less than 15 working days in advance of the meeting of the Township Planning Commission, plans will be considered, if completed, by the Commission at its next meeting subsequent to filing.
Commission takes final action. The plan filed with the Township Manager for a subdivision or development of a tract pursuant to this section shall be considered as a preliminary plan. However, if the plan and supporting data comply in all respects with the requirements for final plans, the Planning Commission may proceed to final action at the first consideration of the plan. Plans can be filed as either preliminary or for final plan approval, and must be noted as such on the plan.
Application procedure. An application for the approval of a preliminary plan shall:
Include all land that the applicant proposes to subdivide or develop.
Include all land, streets, roads, structures and utilities for a distance of 500 feet beyond the property line.
Be accompanied by a filing fee and escrow fee as prescribed by resolution by the Board of Supervisors of the Township of Tobyhanna.
Be accompanied by eight sets of the preliminary plan prepared in accordance with Article IV of these subdivision and land development regulations, which shall include, but not necessarily be limited to:
Typical street cross-sections and center line profiles of proposed streets and major drainage facilities including a drainage plan.
Any deed restrictions, protective or pending agreements under which lots are to be sold.
Preliminary designs of any bridges or culverts.
DEP planning modules and/or site suitability reports.
Certifications of central water supply system per the DEP.
Drainage plan report and calculations.
Monroe County soils and conservation sediment and erosion control plan and PennDOT permit applications as appropriate.
Referral to the Planning Commission. Before submitting the preliminary plans to the Board of Supervisors for consideration, the applicant shall refer said plans to the Township Planning Commission for its recommendations. If the Planning Commission shall not make such recommendation within 60 days after such reference of a completed application, it shall be deemed consent thereto.
Study of a preliminary plan. The Planning Commission will consider the recommendation of the County Planning Commission, the Township Engineer, Township Zoning Officer/Planner and Sewage Enforcement Officer and then carefully study the practicability of the preliminary plan, taking into consideration this chapter requirements, location and width of streets, their relation to the topography of the land, the preservation of natural features, sewerage disposal, drainage, water supply, fire protection, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Township Comprehensive Plan.
Professional consultants' review. As a supplement to the study of the preliminary plan by the Township Planning Commission, the Supervisors or Planning Commission shall authorize a review of the plan by the Township Engineer and such other professional consultants, as that term is defined at Section 107 of the Municipalities Planning Code, to determine the adaptability of the project to engineering design standards and criteria currently required by the Township. In his/her review, the Engineer or other professional consultant shall apply such judgment and specification interpretation as may be necessary to clarify the intent of the engineering and other regulatory requirements. A report shall be provided to the Planning Commission within 12 working days after referral to the Township Engineer or other professional consultant, unless the Engineer or professional consultant is actually engaged in the collection of data not supplied by the developer. All review costs of the Township Engineer and/or professional consultant shall be in accordance with the current fee resolution and escrow requirements of the Township.
[Amended 5-14-2007 by Ord. No. 460]
Editor's Note: See 53 P.S. § 10107.
Required changes for preliminary approval. After discussion of the preliminary plan, the Township Engineer, with the advice of the Planning Commission, will recommend to the applicant, in writing, the specific changes he/she recommends in the plan, and the character and extent of required improvements, conditions and reservations which it will require as a prerequisite to the preliminary approval of the subdivision plan or land development. If the developer plans to phase the project, approval or denial is required for that phase as indicated on the application.
Supervisor approval. After receiving the recommendations, if any, of the Township and County Planning Commissions, Township Engineer and Zoning Officer/Planner, the Supervisors will act upon the request for preliminary approval at its next meeting. After taking action, the Supervisors will communicate in writing within 15 days to the subdivider/developer; the specific changes and conditions, if any, they require in the plan; the character and extent of the required public improvements; and a prerequisite to the approval of the final subdivision plan to be submitted subsequently. The plat approval shall be automatically rescinded upon the applicant's failure to accept such conditions as required by the Board of Supervisors.
The Township Supervisors shall not approve any plans until the recommendation of the Monroe County Planning Commission on the said plan is received or 31 days has lapsed since the application was filed with the Monroe County Planning Commission.
Any modifications of the preliminary plan by the Supervisors as prerequisites to approval shall be revised and noted on the preliminary plan and included on the final plans.
Approval of the preliminary plan shall constitute approval of the subdivision as to the character and intensity of development, the arrangement and approximate dimensions of street, lots and other planned features, but shall not authorize sale of lots or any land improvements.
The Board of Supervisors shall not approve any subdivision plan unless all streets shown thereon shall be of sufficient width and proper grade and shall be so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access of fire-fighting equipment to buildings, and provide a coordinated system of streets conforming to the Township's official plan of streets. Proposed final contours will be required to be shown separately on a plan and include the proposed drainage facilities, a drainage plan, and all other improvements.
Notwithstanding any other provision of this article, any plan required to be submitted by this article shall also include a copy on computer readable media in either auto-cad R-14, auto-cad 2000, TIFF image format or ESRI Arc Infro\arcview, with all required media containing Pennsylvania State Plane N, NAD 83 Coordinates, or such other electronic, digital or computer readable media or format as designated from time to time by resolution duly enacted by the Board of Supervisors.
[Added 10-14-2003 by Ord. No. 444; amended 11-10-2003 by Res. No. 2003-025]
Any preliminary plan filed with the Township which has not been revised within six months from the date of the last Township Engineer’s review letter shall be deemed inactive and may be denied for failure to promptly process the plan in accordance with Township ordinances.
[Added 4-14-2008 by Ord. No. 464]
The applicant/subdivider, after official notification by the Township Secretary of approval of the preliminary plan and the changes, if any, to be made therein, shall within five years thereafter prepare and submit to the Supervisors the final plan. Otherwise the approval of the preliminary plan shall become null and void unless the Board of Supervisors grants an extension of time in writing.
Date of consideration. For consideration at the next regular meeting of the Planning Commission, the final plan must be submitted to the Township Manager 15 working days in advance of the regular meeting date.
Application procedure. The application with the appropriate fees shall include the entire subdivision, land development, and site plan, and be accompanied by eight sets of the final plan as described in Article IV of these regulations; and comply in all respects with the preliminary plan as approved.
Referral to Planning Commission. The applicant shall refer said final plans to the Township Engineer, Sewage Enforcement Officer, Monroe County Planning Commission and Township Planning Commission for their recommendations. If the Township Planning Commission does not make such recommendation within 60 days after the final application plan has been considered complete by the Planning Commission, the plan shall be deemed recommended to the Board of Supervisors. The applicant can request an extension of the time requirements as prescribed in this chapter as long as the time extension is agreed to in writing by the applicant, Planning Commission, or Board of Supervisors. A final plan shall not be recommended for approval to the Board of Supervisors and shall not be signed by the Planning Commission until the applicant has met all the considerations and conditions of the action granting final approval of such plan.
Professional consultants' review. The Township Engineer and other Township professional consultants, as that term is defined at Section 107 of the Municipalities Planning Code, shall thoroughly check the final plan of subdivision or land development in order to determine the degree of compliance with all regulations of an engineering nature and all other applicable Township ordinances, procedures and regulations. His/her review will be directed to plan content and the completeness of drawings for construction contract purposes and compliance with other criteria currently required by the Township. The full intent of all engineering specifications and other criteria required by the Township must be clearly defined in the final plans. The final plans shall not be recommended for approval until the applicant has completed all plan requirements. A report shall be submitted to the Planning Commission within 12 working days after referral unless the Engineer and/or other professional consultant is actively engaged in collection of data not supplied by the developer. In his/her review, the Engineer and/or professional consultant shall apply such judgment and specification interpretation as may be necessary to clarify the intent of the regulatory requirements. All review costs of the Township Engineer and/or professional consultant shall be in accordance with the current fee resolution and escrow requirements of the Township.
[Amended 5-14-2007 by Ord. No. 460]
Editor's Note: See 53 P.S. § 10107.
Supervisors approval. After careful study, the Board of Supervisors, within 30 days from the time it receives a recommendation from the Planning Commission, shall approve, conditionally approve or deny the plan. The ground for denial of any plan shall be stated in writing to the applicant. The Planning Commission and Board of Supervisors shall not sign a final plan until the applicant has met all of the conditions granting approval of the final plan.
Final plan void if revised after approval. No changes, erasures, modifications or revisions shall be made in any final plan after approval has been given by the Board of Supervisors and endorsed, in writing, on the plan. In the event that any final plan, when recorded, contains any such changes, the final plan shall be considered null and void, and the Board of Supervisors shall institute proceedings to have said plan stricken from the records of the County Recorder of Deeds.
Required improvements and agreements. Before the Supervisors approve any final subdivision, site plan or development plan for recording, the subdivider/developer shall assure the Township of the completion of the same by means of a proper completion guarantee in the form of a term bond or deposit of funds or securities in escrow as per § 135-27 of these regulations. Said improvements will subsequently be installed by the owner, and inspected by the Township Engineer at the expense of the applicant/developer.
Engineering inspections. The Township shall engage an inspector to act as its agent for the purpose of assuring the satisfactory completion of all improvements required. If the Township or its agent finds upon inspection that any of the required improvements have not been constructed in accordance with the approved construction detail sheets, or in accordance with the applicable Township ordinances, resolutions, rules and regulations or specifications, the applicant/developer and the bonding company will be separately and jointly liable for the costs of completing said improvements according to specifications, plans and the subdivision and land development improvement agreement.
Utilities. The Board of Supervisors may accept written assurance from each public utility company whose facilities are proposed to be installed that the public utility company will make the installation necessary for furnishing of its services as required, in accordance with the approved construction detail sheets and in accordance with the applicable Township ordinances, resolutions, rules and regulations, or specifications.
Approval and recording of final plan.
No lot in a subdivision or site plan may be sold and no building erected, altered or repaired upon land in a subdivision unless and until a final subdivision plan has been approved and recorded, and until the improvements required by the Supervisors in connection therewith hove either been constructed or guaranteed, as hereinabove provided.
Streets, parks, drainage facilities and other public improvements shown on the land development and/or subdivision plan to be recorded may be offered for dedication to the Township by formal notation thereof on the plan or the owner shall note on the plan that such improvements have not been offered for dedication to the Township.
Every street, park or other improvement shown on a final subdivision plan that is recorded as provided herein, shall be deemed to be a private street, driveway, park, or improvement until such time as the same has been offered for dedication to the Township and accepted by resolution or until it has been condemned for use as a public street, park or other improvements.
After completion of these procedures and upon approval of the final plan, such approval shall be indicated by a statement to that effect on the record plan with the signatures of the Township Planning Commission and the members of the Board of Supervisors.
The approval of any final subdivision plan by the Supervisors or by the Court on appeal shall, within 90 days of the date of approval, be recorded by the owner in the office of Recorder of Deeds of Monroe County. Should the subdivider fail to record the final plan within 90 days from the date of approval by the authorities of the Township of Tobyhanna after proper notification of final approval, approval shall be null and void unless an extension is granted in writing by the Board of Supervisors.
After a subdivision plan had been duly recorded, all streets, parks and other public improvements shown thereon shall be considered to be part of the official plan of the Township. The Board of Supervisors shall determine when any improvements are to be the property of the Township of Tobyhanna.
All final plans must comply with the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended, PennDOT highway occupancy permit, Monroe County erosion and sediments control approval, DEP regulations and permits regarding sewage, water, wetlands and stream encroachments and any other appropriate federal, state, or local permits. All federal, state, county or local permits must be obtained by the applicant prior to final plan approval by the Board of Supervisors.
Editor's Note: See 53 P.S. § 10501 et seq.
Any final plan filed with the Township which has not been revised within six months form the date of the last Township Engineer’s review letter shall be deemed inactive and may be denied for failure to promptly process plan in accordance with Township ordinances.
[Added 4-14-2008 by Ord. No. 464]