[Amended 11-7-2022 by Ord. No. 574]
A.
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,
land development, amended land development, or subdivision and land
development in accordance with the following procedures, which include
the following steps:
B.
The Board of Supervisors has chosen to exercise its
authority under Section 503(1.1) of the Municipalities Planning Code[1] to exclude those items as specifically listed as follows
from the definition of "land development":
(1)
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;
(2)
The
addition of an accessory building, including farm buildings, on a
lot or lots subordinate to an existing principal building; or
(3)
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. [Note: Subsection B(1), (2), and (3) are exclusions allowed for by the Municipalities Planning Code, Section 503(1.1).]
[1]
Editor's Note: See 53 P.S. § 10503(1.1).
C.
Such exclusions shall not be subject to the plan requirements as referenced in Chapter 155, § 155-16 (C Commercial District), Subsection I(2), or § 155-17 (CI Commercial Industrial District), Subsection M(2), as no land development plan shall be required; however, the applicant is required to provide a plot plan as proof of compliance with lot and yard requirements as listed in the Zoning Ordinance as "Attachment 1 - C District" or "Attachment 2 - CI District," through the zoning application process. (Note: The foregoing subsection has been inserted for clarity by Township officials and subject to approval by the Board of Supervisors.)
[Amended 11-7-2022 by Ord. No. 574]
In order to discharge the duties imposed by
law, the Board of Supervisors has adopted the following procedures:
A.
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.
B.
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.
C.
Resubdivision procedure. For any replanning or resubdivision
of land, the same procedure, rules, and regulations shall apply as
prescribed herein for an original subdivision.
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.
A.
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.
A.
Minor and major subdivisions and land development
preliminary plan submission procedure.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
Application procedure. An application for the approval
of a preliminary plan shall:
(1)
Include all land that the applicant proposes to subdivide
or develop.
(2)
Include all land, streets, roads, structures and utilities
for a distance of 500 feet beyond the property line.
(3)
Be accompanied by a filing fee and escrow fee as prescribed
by resolution by the Board of Supervisors of the Township of Tobyhanna.
(5)
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:
(a)
Typical street cross-sections and center line
profiles of proposed streets and major drainage facilities including
a drainage plan.
(b)
Any deed restrictions, protective or pending
agreements under which lots are to be sold.
(c)
Preliminary designs of any bridges or culverts.
(d)
DEP planning modules and/or site suitability
reports.
(e)
Certifications of central water supply system
per the DEP.
(f)
Drainage plan report and calculations.
(g)
Monroe County soils and conservation sediment
and erosion control plan and PennDOT permit applications as appropriate.
E.
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.
F.
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.
G.
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,[2] 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]
[2]
Editor's Note: See 53 P.S. § 10107.
H.
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.
I.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
J.
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]
K.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
Professional consultants' review. The Township Engineer
and other Township professional consultants, as that term is defined
at Section 107 of the Municipalities Planning Code,[1] 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]
[1]
Editor's Note: See 53 P.S. § 10107.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
Approval and recording of final plan.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
All final plans must comply with the Pennsylvania
Municipalities Planning Code Act of 1968, P.L. 805, No. 247,[2] 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.
[2]
Editor's Note: See 53 P.S. § 10501
et seq.
L.
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]
