A.Â
As used in these regulations, words in the singular
include the plural and those in the plural include the singular. The
word "person" includes a corporation, unincorporated association,
and a partnership, as well as an individual. The word "building" includes
structure and shall be construed as if followed by the phrase "or
part thereof." The word "watercourse" includes channel, creek, ditch,
drain, dry run, swale, spring and stream. The words "may" and "should"
are permissive; the words "shall," "will" and "must" are mandatory.
B.Â
The phrases "shall be approved by" and "shall be submitted
for approval," et al., do not constitute mandatory approval by an
agency or governing body but do mean that the item submitted shall
be done to the standards acceptable by the agency and that the agency,
after reviewing the items, finds it acceptable in every detail.
The following words or phrases, when used in
these regulations, shall have the meaning ascribed to them in this
section, except where the context clearly indicates a different meaning.
A state of being side by side, next to, adjoining, contiguous
or abutting one to another.
Any person authorized to act for the subdivider, who submits
to the Commission subdivision plans for the purpose of obtaining review
or approval thereof.
Any and all physical additions or changes, set forth on an
approved plan, to the land, buildings or structures that may be necessary
to provide usable and desirable lots, building areas, and/or residential,
commercial, industrial and/or recreational uses.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development including but not limited to an application for building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The Board of Supervisors of the Township of Tobyhanna, Monroe
County, Pennsylvania.
The official sanction of plans by an agency, commission or
governing body acknowledged by the signatures of authorized representatives.
The quantity of land projected on a horizontal plan enclosed
by boundaries of a defined lot, parcel or tract of land.
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945[1]".
A tract of land, a lot or groups of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, boundary line
of the Township, unsubdivided land or any combination of the above.
The Board of Supervisors of the Township of Tobyhanna, Monroe
County, Pennsylvania.
A strip of land at least 25 feet in width which may be a
part of the minimum yard distance, free from any principal or accessory
building other than suitable screening.
The line within a property defining the minimum required
distance between any building to be erected and an adjacent right-of-way
line or lot line.
Such line shall be measured at right angles
from the street right-of-way line or lot tine which abuts the property
upon which said building is located and shall be parallel to the said
right-of-way line or lot line.
Such lines shall be determined by the requirements
of the zoning district in which the lot is located.
That portion of a street right-of-way, paved or unpaved,
intended for vehicular use. (Includes shoulders.)
An area of unobstructed vision at the street intersection
defined by lines of sight between points at a given distance from
the intersection of the street center lines and at a given height
above the street surface.
An area of land to be developed for a number of dwelling
units, the development plan for which does not correspond in lot size
and lot coverage to the regulations established in any one residential
district, created from time to time under the provision of the Township
of Tobyhanna Zoning Ordinance.[2]
The Township of Tobyhanna Planning Commission.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
The complete plan or any part of the plan for the development
of the Township of Tobyhanna adopted in accordance with the Pennsylvania
Municipalities Planning Code (Act 170 of 1988).[3]
The County of Monroe, Commonwealth of Pennsylvania.
The Monroe County Planning Commission is responsible for
the county planning activities for Monroe County, Pennsylvania.
A strip of land including a right-of-way dedicated to public
use in order to facilitate pedestrian access through or into a block.
The deliberate appropriation of land by its owner for general
and public use, reserving to himself no other rights than those that
are compatible with the full exercise and enjoyment of the public
uses to which the property has been devoted.
The total number of dwelling units per acre, computed by
dividing the total number of dwelling units proposed by the total
number of acres to be developed.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plot of subdivision, all covenants relating to use,
location and bulk of buildings or other structures, intensity of use
or density or development, streets, ways and parking facilities, common
open space and public facilities. The phrase "provisions of the development
plan," when used in this act, shall mean the written and graphic materials
referred to in this definition.
A portion of the municipality within which certain uniform
regulations and requirements or combinations thereof apply under the
provisions of the Township of Tobyhanna Zoning Ordinance.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas, or any part of any subdivision or contiguous
land areas.
A privately owned and constructed vehicular access to two
or fewer properties of separate ownership from an approved private
or public road into a lot or parcel having frontage on the said road.
Lots which front an one public street and back on another
with vehicular access solely from one street.
Any building, vehicle or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons
as further defined below:
DWELLING, SINGLE-FAMILYA detached building, designed for and occupied exclusively by one family or a housekeeping unit having separate kitchen and separate bathroom facilities.
DWELLING, TWO-FAMILYA building containing not more than two dwelling units and being designed for occupancy of families living independently of each other.
DWELLING, MULTI-FAMILYA building containing three or more dwelling units per building and being designed for occupancy of families living independently of each other.
An activity, including but not limited to, construction,
mining, farming, grubbing, filling and timber harvesting, which alters,
disturbs or exposes the existing land surface.
A right-of-way granted, but not dedicated, for a limited
use of private land within which the lessee or owner of the property
shall not erect any permanent structure.
Any public utility whose service is furnished by an electromagnetic
transmission through a cable, wire, or line. Such electrical utilities
include electric power, telephone, telegraph, teletype, and television
cable.
Any building, fill, or other structure place in, along, across,
or projecting into a wetland and wetland margins: or any earth disturbance,
construction or other activity which alters, damages or destroys a
wetland margin or wetland.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The flood hazard area is that land adjoining any perennial
stream or adjoining any ponds or lakes and designated as such on the
latest Federal Insurance Administrative Flood Hazard maps of the Township
of Tobyhanna.
One-hundred year floodplain as defined by Section 104 of
the Pennsylvania Floodplain Management Act, Act of October 4, 1978,
P.L. 851, No. 166, 32 P.S. § 679.104, and the Township of
Tobyhanna Floodplain Ordinance.[4]
The Township of Tobyhanna Board of Supervisors.
The completed surfaces of lands, walks, parking areas and
roads brought to grades as shown on official plans.
An organization operating under recorded agreements through
which:
Each lot and/or home unit owner in a planned
or other described land area is automatically a member.
Each lot or unit is automatically subject to
charge for a proportionate share of expenses for the organization's
activities, such as maintaining a common property and the charge,
if unpaid, becomes a lien against the property by the association.
Those physical additions and changes to the land that may
be necessary to provide usable and desirable lots or to buildings
to bring it within the desires of the owner. Required improvements
shall be those as are listed in this chapter as requirements for the
said subdivision or land development. They include but are not limited
to roads, stormwater facilities, water systems, sewage systems, erosion
and sedimentation facilities and techniques, landscaping, recreational
improvements, fire hydrants, street lights, etc.
A group of nonnuisance industrial plants on a single parcel
of land, or in separate parcels contiguously arranged, so as to form
a planned development of industrial sites and/or buildings.
Any of the following activities:
[Amended 11-7-2022 by Ord. No. 574]
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1).
Any of the following activities shall be excluded from the definition
of "land development," as per provisions provided for in the Municipalities
Planning Code, Section 503(1.1),[5] as follows:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
Land development plans depict uses defined as land development
and shall be drawn pursuant to this chapter.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A computed area contained within the lot lines, excluding
space within all roads and public rights-of-way and within all permanent
drainage easements, not including the areas of all lot line easements
as required by this chapter.
The lot line other than the front or rear line.
A side lot line separating a lot from a street
is called a side street lot line.
A solid steel rod not less than 1/2 inch in diameter or less
than 24 inches in length or steel pipes not less than 3/4 inch in
diameter or less than 24 inches in length or such other markers as
the Township Engineer may approve.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required or approved front and rear
building lines. In the case of a lot fronting on a cul-de-sac turnaround
or curve, along a chord perpendicular to a radial line located equidistant
between the side lot lines, the said chord shall intersect the radial
line at a point located at the required or approved building setback
line.
Security required of a developer by the Township after final
acceptance by the Township of improvements installed by the developer.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A waiver, granted by the Township of Tobyhanna Board of Supervisors,
from the terms and conditions of the Township of Tobyhanna subdivision
and land development regulations where literal enforcement would create
unnecessary hardship as a result of peculiar or unique conditions
or circumstances pertaining only to the regulation in question and
when granting the said modification would not be contrary to the public
interest.
A two-inch galvanized concrete-filled pipe at least 36 inches
long (preferred 42 inches to 48 inches) or a concrete cylinder with
a fiat top at least four inches in diameter or square and at least
36 inches long (preferred 42 inches to 48 inches). Monuments shall
contain a copper or brass dowel (plug) one-fourth-inch in diameter
or shall have a one-fourth-inch deep indented cross or a one-fourth-inch
drill hole one-half-inch deep.
The Township of Tobyhanna Board of Supervisors.
May be associated with a wetland or wetland margin.
Floodplains.
Vegetation cover as a whole, or entire grouping.
Streams and rivers.
Watercourses and waterfalls.
Wetlands.
Lakes, ponds, marshes, and bogs.
Lake margins.
Springs and groundwater recharge areas.
Natural swales.
Habitats of endangered animal and plant species.
Wildlife habitat corridors.
Steep slopes over 25%.
The acreage of a lot, tract or parcel of land that does not
include any public road or street right-of-way or any permanent specifically
designated drainage, slope, utility or other type of easement other
than the lot line easements as required by this chapter.
Density based upon net area or the lot area.
The official map as may be established by the Township of
Tobyhanna Board of Supervisors pursuant to the Pennsylvania Municipalities
Planning Code showing the characteristics of streets, watercourses
and public grounds.
A space not less than 200 square feet required to park one
passenger vehicle and which area shall be measured exclusive of access
drives.
The owner of record of a parcel of land.
A written instrument which may be accepted by the Township
Board of Supervisors in lieu of a requirement that certain improvements
be made by a subdivider or developer before the record plan is released
for recording, which shall provide for the deposit with the Township
financial security in an amount sufficient to cover the costs of any
improvements or common amenities including, but not limited to, streets,
sanitary sewage facilities, water supply and distribution facilities,
open space improvements and buffer, screen, or landscaping plantings
which may be required.
An as-built plan is an original contract, layout, or subdivision
plan which has been revised to show the actual final locations, dimensions,
etc., of buildings and/or municipal improvements actually constructed
or to show revised lot lines and/or street lines.
A complete and exact subdivision map prepared for official
recording and drawn and submitted in accordance with the requirements
of these regulations and including all necessary supporting documents.
The preliminary map or maps of a proposed subdivision drawn
and submitted in accordance with the requirements of these regulations
and including all necessary supporting documents.
The copy of the final plan which contains the original endorsements
of the Township Planning Commission, Board of Supervisors, and County
Planning Commission, which is intended to be recorded with the County
Recorder of Deeds.
The sketch map or maps of the proposed subdivision drawn
and submitted in accordance with the requirements of these regulations.
A map or drawing indicating the development or subdivision
of a parcel of land in its various stages.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or regulations established in any one district created, from time
to time, under the provisions of the Township of Tobyhanna Zoning
Ordinance.[6]
The Township of Tobyhanna Planning Commission created, and
the members thereof appointed, pursuant to Article XX-A of the Second
Class Township Code.[7]
The staff administrator authorized by the Township to administer
the subdivision and land development regulations of the Township.
A single-family dwelling exceeding 20 feet in width designed
for transportation after fabrication on streets and highways on its
own wheels or on a flatbed trailer and arriving at a site ready to
be occupied as a dwelling except for assembly operations and location
on a permanent foundation and connection to utilities.
Includes:
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[8]
A private corporation or municipal authority with a franchise
for providing a public service which operated under the regulation
of federal, state and/or local government.
Telephone, electric, gas and cable television lines, poles,
equipment and structures; sewer and gas pipes, mains, valves, pumping
stations or structures; telephone exchanges and repeating stations
and all other facilities, equipment and structures necessary for conducting
a service by a public utility.
Any subdivision or transfer of land which does not increase
the total number of lots shown on an approved final plan but which
alters or relocates individual lot lines or changes any improvement
as shown on an approved final plan.
The official examination of plans of subdivisions as required
by law by appropriate agencies; commissions and bodies and designated
by the signatures of authorized representatives.
Land set aside for use as a street, alley or other means
of travel.
A public or private system of piping where sewage flows to
a central plant for treatment which is either discharged into the
waters of the Commonwealth or treated and disposed of by means of
land application.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into waters of this Commonwealth or by means of conveyance
to another site for final disposal.
The improved portion of a street immediately adjoining the
travelway, for parking and for access to abutting properties.
The length of street, measured along the center line, which
is continuously visible from any point 4Â 1/2 feet above the center
line to an object four inches above the road surface.
The ownership of a lot, tract or parcel of land by one or
more persons, partnerships or corporations, which ownership is separate
and distinct from that of any adjoining lot, tract or parcel by either
a separate deed or a separate deed description of a lot.
The disturbance of any topsoil or moving of earth which changes
the existing topography.
Any avenue, boulevard, road, lane, parkway, viaduct, or other
way for the movement of vehicular traffic which is an existing state,
county, Township roadway, or way shown upon a plan and includes the
land between street or right-of-way lines, whether unimproved or improved
with pavement, gutters, sidewalks, parking areas and other areas within
the right-of-way.
ALLEYA minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
ARTERIAL STREET OR HIGHWAYA major regional highway including an expressway, freeway, interstate or intrastate highway designed to carry large volumes of vehicular traffic.
COLLECTOR STREETThese facilities primarily serve to collect and distribute traffic between local facilities and arterial roadways and access to abutting properties in relatively equal proportions. These facilities are used for short through trips associated with the distribution and collection portion of trips. Comparable site circulation facilities would be circulation roads connecting parking areas within a large development or an access drive of a moderate size development such as a community shopping center.
CUL-DE-SACThese facilities are permanently terminated at one end serving a limited number of properties. These facilities are provided with a turnaround at the terminated end and serve only the properties abutting the right-of-way.
LOCAL STREETThese facilities primarily serve land-access for individual uses. Their design and control facilitates the movement of vehicles onto and off of the street system. Through movement should be discouraged in both design and control facilities. Comparable site circulation facilities would be aisles within a parking lot, access drives of a small development or driveways to housing clusters within a planned residential development. Local access streets are further defined as:
MARGINAL ACCESS STREETThese facilities are primarily intended to serve limited access to abutting properties and often are considered alleys. They generally are parallel to local streets providing alternative access to the same abutting properties. These facilities generally provide access to the side or rear of abutting properties.
PRIVATE STREETThese facilities can be any of the other street classifications except that they are not dedicated for public use. They serve abutting properties and collect or distribute local traffic and shall be designed according to their classification of public road, since they may or may not be dedicated for public use in the future.
SERVICE ROADA street or road generally paralleling and abutting major streets to provide access to adjacent property so that each adjacent lot will not have direct access to the major street.
STUB STREETA street or road extending from within a subdivision boundary and terminating therein with no permanent vehicular turn around. Stub streets are provided to permit adjacent undeveloped parcels of land to be developed later with an adequate connecting street system.
That person owning an interest in the land being subdivided
who shall be the party responsible for the subdivision.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or parcels of land or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development, further classified and defined as follows:
MINOR SUBDIVISIONDivision of land under any of the following classifications:
A division of any part, parcel or area of land
which contains no more than five new lots which have a frontage on
an existing recorded and approved, private or public street or road.
A division of any part, parcel or area of land
that contains new lots served by a private access street or private
driveway.
Provided, however, that any minor subdivision:
Involves no new street or extension of any existing
street or road.
Involves no installation, extension or improvement
of any water or sewer facility.
Is consistent with the Township of Tobyhanna
Zoning Ordinance.[9]
Is consistent with all the provisions of the
Township of Tobyhanna subdivision and land development regulations.
Is consistent with the Township Development
Plan or Official Map.
Provides for and does not adversely affect development
of the remainder of the tract.
Exception. The joining or annexing of a lot
to an existing contiguous lot, parcel or tract of land providing a
covenant running with the parcel to be conveyed joins it with and
makes it an inseparable part of the parcel to which it is joined is
not a subdivision.
MAJOR SUBDIVISIONAny division of any part, parcel or area of land that does not qualify as a minor subdivision.
The term "subdivision" shall refer, as appropriate
in the Township of Tobyhanna subdivision and land development regulations,
to the process of subdividing land or to the land proposed to be subdivided.
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
Township of Tobyhanna, Monroe County, Pennsylvania.
The Engineer for the Township of Tobyhanna.
The Secretary of the Township of Tobyhanna.
The Solicitor for the Township of Tobyhanna.
The portion of a road cartway used for steady movement of
vehicles.
Land in parcel sufficiently large for future subdivision
which is presently in agriculture, woodland or lying fallow.
A discernable, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations. A watercourse may originate from a lake or underground
spring(s), and may be permanent in nature or it may originate from
a temporary source such as runoff from rain or melting snow.
Any water works, water supply works, water distribution system
or part thereof, designed, intended or constructed to provide or distribute
potable water.
A public or private utility system designed to supply and
transmit water from a common source to two or more users in compliance
with the Pennsylvania Department of Environmental Protection regulations.
A system for supplying and transmitting water to a single-family
dwelling or other buildings from a source located on the same lot
in compliance with the Pennsylvania Department of Environmental Protection
regulations.
Those areas inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support and under normal
circumstances do support a prevalence of vegetation typically adapted
for life in saturate soil conditions.
The Zoning Ordinance of the Township of Tobyhanna.[10]
