Exciting enhancements are coming soon to eCode360! Learn more 🡪
Township of Tobyhanna, PA
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Before the Board of Supervisors approves the final subdivision or land development plan for recording, the subdivider or developer shall complete all improvements or common amenities as the Supervisors require in the public interest, meeting the required design and specification requirements set forth in the preceding sections or the prevailing standards as established by the Supervisors, or the subdivider/developer shall guarantee the Township the completion of the legal agreement(s) stating performance guarantees by the subdivider/developer. The guarantees shall be in the form of a term bond or the deposit of funds in escrow to cover the cost of the specified improvements or a federal- or commonwealth-chartered lending institution irrevocable letter of credit and restrictive or escrow accounts sufficient to be equal to 110% of the certified engineer's estimate as 90 days following the date scheduled for completion by the developer. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant and prepared by a professional licensed engineer as such in the Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost.
The subdivider/developer shall satisfy all requirements as listed herein, plus any additional requirements the Township deems appropriate under the circumstances:
A. 
All streets shall be constructed in strict conformance with the approved subdivision plan.
B. 
All streets are subject to inspection by the Township and its agents to verify conformity to these regulations. Generally, the Township shall be notified, in writing, 48 hours in advance of a required inspection. Required inspections are:
(1) 
Inspection of subgrade as necessary, prior to placement of subbase, and to determine its suitability for the street bed.
(2) 
Inspection of subbase placement to determine acceptability of material, proper slope, and proper compacted depths.
(3) 
Inspection of bituminous concrete base course to determine acceptability of material, proper slope, compacted depth, and placement and rolling requirements.
(4) 
Inspection of ID-2 wearing course to determine acceptability of material, proper cross slope, final grade, compacted depth, and placement and rolling requirements.
(5) 
Prefinal inspection to determine if any work has not been completed and/or if work has not been completed in an acceptable manner. A punch list of defective and nonconforming work shall be provided to the developer who must complete the same, prior to calling for final inspection.
(6) 
Final inspection of the project by the Township (Supervisors) or its agents to verity if all improvements have been completed in an acceptable manner. NOTE: Additional inspections may be required, as so determined by the Township, in order to assist contractors of the developer, or to provide progress reports on the work, or for added protection that the improvements are being constructed in an acceptable manner.
C. 
Upon release of the bond, the developer may, in writing, offer for dedication only the streets which have been approved. The following documents shall accompany the written request for dedication of said streets:
(1) 
A certified survey plan and legal descriptions of the right-of-way of the roads to be dedicated and seated by a licensed surveyor or engineer in Pennsylvania. Plans shall contain the location of permanent monument or iron pipes to be used for the establishment of right-of-way. Bearings and distances, or arc and radius data shall be provided on all right-of-way lines.
(2) 
A letter of credit in the amount of 15% of the actual cost of installation of said improvements to defray the cost of all labor and material to maintain and repair the streets or roads of said project far a period of 18 months; said letter of credit to be 18 months, and the letter of credit shall be effective on the date that the Township accepts said streets or roads.
D. 
The developer shall pay to the Township upon presentation of its bill, all reasonable costs incurred by the Township relative to acceptance of the roads, including but not limited to: Attorney and legal fees; engineering fees relative to inspections and duties relative to the work; Township inspection fees for the payroll employees engaged in inspections; recording fees; etc., as may be necessary. The fees to be paid by the developer shall be in accordance with the fees and costs then-existing at the time the developer makes its request for dedication. If the development is an ongoing project, then the fees and costs payable to the developer as aforesaid shall be revised to reflect the additional costs and fees as incurred by the Township from time to time until the project in all its phases is completed.
A. 
All materials for roadway construction shall be provided in strict conformance to PennDOT 1983 specifications.
B. 
All typical roadway construction shall be provided on the plan to show the width of roadway, shoulders, right-of-way, etc., as determined by the Township.
C. 
Materials for roadway construction shall consist of: six inches of subbase material: three inches bituminous concrete base course; one-and-one-half inches ID-2 wearing course. Refer to typical section and construction section of these specifications for further details.
D. 
Subgrade shall be prepared in conformance with applicable sections of PennDOT 1983 specifications.
E. 
Shoulders shall be constructed with four inches of subbase material, as outlined in other sections of these specifications.
F. 
All depths indicated are compacted depths, measured in place.
A. 
Where an embankment is to be constructed, or where an obstruction is encountered, i.e. abutment wall, cliff, bridge structure, creek etc., the Township shall require the installation of guide rail to protect the public from harm or injury.
B. 
The method for determining the need for a guide rail shall be in conformance with the procedure currently adopted by PennDOT, i.e., Design Manual or Guidelines for Designs of Local Streets, and the Township shall have the final decision pursuant to this matter.
C. 
All guide rails shall be PennDOT Type 2S or an approved equal.
D. 
Where a guide rail is to be installed, the embankment width shall be extended three feet beyond the edge of the shoulder to permit the placement as noted on the Typical Section, and so that the guide rail is at a minimum of one foot from the edge of embankment.
A. 
Subgrade areas shall be prepared and rolled in strict conformance with applicable sections of PennDOT 1983 specifications. In all cases, unsuitable subgrade areas shall be overexcavated to a suitable depth and approved shale, bank run, or No. 3 stone place and compacted to a desired density.
B. 
Where underground utilities or piping is to be placed in any roadway or shoulder area, the pipe shall be placed in the shoulder or embankment area if possible, unless approved otherwise.
C. 
Backfill material for underground utilities or other piping shall be clean fill, free of mud, clay, wood, stumps, brush, roofs, bricks or any rocks larger than six inches in any dimension. The Township shall make the final decisions as to suitability of backfill material and placement of rocks in any trench.
D. 
In all cases, compaction of backfill material shall be performed in eight inch loose lifts and mechanically tamped with hand tampers to at least 95% of the materials dry-weight density as determined by Modified Proctor Test ASTM D-1557, Method C or D. No lift shall be placed on the previous lift, until the previous lift has attained the desired compaction. Compaction by use of running over trench with equipment or by pounding trench with backhoe bucket is prohibited and unacceptable.
E. 
Subbase materials are hereby defined as Penn DOT Type C Aggregate, or better, No. 2A, as per Section 703.2 of PennDOT 1983 Specifications. Shale is not an accepted subbase material; however, bank run material may be accepted as subbase material, provided samples of same are submitted in advance for approval or disapproval by Township.
F. 
Streets signs, regulatory signs, and posts shall be provided and indicated on the plan, and shall conform to all requirements of the PennDOT and the Township as applicable to same, including type of materials, size, dimensions, placement, etc. One street sign shall be at each intersection identifying the streets.
G. 
Clearing and grubbing of right-of-way areas are required for the full cartway and shoulder width, plus the full width of the embankments and/or roadway ditches, including the removal of all trees, stumps, weeds, including root systems, mud, clay, debris, boulders, etc., which shall be removed from right-of-way areas and disposed of in a legal manner. No tree shall be left within nine feet from any edge of pave, nor shall any branches overhang within eight feet from the edge of pave, horizontally, or 15 feet vertically.
H. 
Right-of-way control must be indicated on the plan and verified in the field in order to have references for reestablishment of right-of-way, which requirement can be met by placing iron pins in lot corners, or monumentation (iron pins) at intervals to reproduce the right-of-way. The location where right-of-way control is to be provided must be shown on the plan.
I. 
Prior to receiving final plan approval, the developer must list the cost for all improvements proposed including roadway items, drainage items, erosion control, etc., in order that the Township can determine the amount of the bond for the same. Refer to the bonding section of this chapter for specific details.
A. 
Compliance; plan requirements.
(1) 
Erosion control shall comply with all local, state and federal regulations pursuant to prevention of soil erosion and sedimentation and comply to all requirements outlined in Section 845 of PennDOT 1983 Specifications, unforeseen project water pollution control (soil erosion) during construction periods.
(2) 
At the time of preliminary submission, detailed erosion and sedimentation control plans and narrative reports for approval by the Township and controlling agencies shall be provided. The plan shall include the location of temporary ditches, hay bales, sill fences, detention areas, areas of temporary and permanent seeding, etc., as required.
B. 
Design standards.
(1) 
The latest standards provided by the Local Soil Conservation Office pursuant to providing adequate protection, including but not limited to silt fence, stacked hay bales, temporary ditches, berms, dikes, etc., shall be used.
(2) 
Proposed erosion and sediment control shall be so designed to prevent erosion and sedimentation on and off site, and in compliance with regional stormwater management and local ordinances.
(3) 
Clearing and grubbing shall be kept to a minimum when feasible. Permanent erosion control features shall be implemented as early as possible.
(4) 
Design standards shall be coordinated for the project with local SCS Officials.
A. 
General.
(1) 
All materials herein specified shall be manufactured, hauled, placed and rolled in strict conformity with Pennsylvania Department of Transportation 1983 specifications. Bituminous material shall be placed with self-propelled asphalt pavers, capable of minimum width of 10 feet, and with adjustment capabilities for slope and depth purposes. Paving rollers shall be one of the types indicated in Section 108.05 (c)3 of PennDOT 1983 specifications.
(2) 
At no time shall paving be placed in rain, snow, or hail, when air temperature is 45° F. or less, or upon frozen surfaces.
(3) 
Prior to placement of subbase, roadway subgrade shall be rolled and prepared in strict conformity with Section 210 of PennDOT 1983 specifications. Unsuitable subgrade material and soft areas shall be overexcavated for a depth of at least two feet and No. 3A stone, shale or bank run shall be placed and rolled in controlled eight-inch lifts to at least 95% of the material's dry-weight density. Subgrade shall be free of stumps, boulders, mud, clay, wood, bricks, topsoil, organic matter, vegetation. etc. Prior to placement of subbase material, the Township shall be notified to inspect the subgrade for approval. Subgrade shall include both roadway and shoulder areas.
(4) 
The Township shall be notified prior to placement of subbase, BCMC and ID-2 wearing course, in order to inspect and approve the work completed to date and check depths of subbase and paving material. The developer is required to notify the Township at least 10 days in advance of the date of inspection. Concurrent with all notifications, the developer shall provide the Township with a construction work schedule, prior to start of the work, to keep the Township informed as to all activities, and the developer shall provide changes in the work schedule immediately as they are known.
(5) 
Failure to notify the Township of the readiness of portions of the work, will be grounds for rejection or nonapproval by the Township.
(6) 
The Township will require core sections and appropriate testing of the material at the sole cost and expense of the developer.
B. 
Pavement composition. Pavement and shoulder materials shall be furnished and constructed in accordance with the following and applicable sections of PennDOT 1983 Specifications:
(1) 
Subgrade: Rolled and prepared in conformity with Section 210 of PDT 1983 specifications, and unsuitable areas shall be excavated and replaced with suitable material, consisting of either No. 3A stone, shale or bank run, to at least 95% of the material's dry-weight density as determined by Modified Proctor Test ASTM D-1557, Method C or D.
(2) 
Subbase: A minimum compacted depth of six inches for residential developments, 12 inches for industrial or heavy commercial use, with material being Type C Aggregate, or better, No. 2A, as per Section 703.2 or PDT 1983 specifications. Construct subbase per requirements of Section 350.3 of PDT 1983 specifications. Bank run gravel is acceptable provided sample is provided to Township as set forth in Division 1, Section 1, Paragraph L, Subparagraph 5.
(3) 
Bituminous concrete base course. A minimum compacted depth of three inches, with materials manufactured per Section 305.2 of PDT 1983 specifications, and constructed per section 401.3 and 305.3 of the publication.
(4) 
Bituminous wearing course (ID-2): A minimum compacted depth of one-and-one-half inches with materials manufactured per Section 420.2 of PDT 1983 specifications, and constructed per Sections 401.3 and 420.3 of the same publication.
(5) 
Stabilized shoulders: A minimum compacted depth of four inches and a minimum of four feet on each side, except where a guide rail is to be provided (refer to typical section[1]), with Type C Aggregate, or better, No. 2A as per Section 703.2 of PDT 1983 specifications and constructed per Section 401.3 and 3.50.3 of the same publication.
[1]
Editor's Note: See the approved plan for the typical section.
(6) 
Tar sealer: Tar seal all paving seams, where new pave abuts existing pave, around utility castings, and as directed by the Township. Minimum width of strips are 12 inches.
(7) 
Where delays are encountered in placement of wearing course, the BCBC shall be swept and cleaned and a tack coat applied, in conformance with Section 460 of PDT 1983 specifications.
(8) 
Note: Shale, red ash, etc., shall not be used as subbase materials for any roads or shoulders, unless the material is tested and meets PDT requirements for subbase material. The burden of proof will be upon the developer who must provide certified test results from an independent laboratory recognized by PennDOT.
A. 
The roadway and shoulders shall be constructed in strict conformity to the details shown on the typical section on the approved plan. The Township shall be notified where areas are ready for testing, in accordance with other sections of these specifications. PDT specifications shall be followed as outlined before.
B. 
The center line of the roadway shall be in the center of the proposed right-of-way, unless written prior approval is granted.
C. 
Proper horizontal and vertical control shall be established to perform the work according to the approved plan and to match the grades and roadway cross slopes indicated on the plan.
D. 
No roadway embankment shall be constructed at a slope of greater than 2:1.
E. 
Right-of-way areas shall be cleared to construct all improvements properly, and to provide clearances indicated from edge of paving to edge of obstruction.
F. 
Markers shall be established to reproduce right-of-way, as shown on the approved plan.
G. 
Assistance shall be requested from Township, when in doubt as to methods or requirements, or for special site conditions which affect approved designs.
H. 
All embankments shall be seeded with acceptable seed and mulch, in conformance with Section 804 of PDT 1983 specifications and Table A.[1]
[1]
Editor's Note: Table A is on file in the Township offices.
I. 
All debris shall be removed and excess excavations generated from the project, and same shall be disposed of in a legal manner.
J. 
Street sign posts and signs shall be constructed as required by the Township.
A. 
Upon completion of improvements and upon preliminary acceptance from the Township, final inspection shall be scheduled to release the construction bond. When applicable procedures outlined herein shall be followed before acceptance by the Township. Note: No bond shall be reduced in any part, until the entire project work is completed, relative to all improvements (roads, drainage, erosion control. etc.).
B. 
General.
(1) 
All materials herein provided shall be in accordance with those recommended in other sections of these specifications, and per PennDOT construction standards for the applicable item.
(2) 
Drainage facilities shall be provided in strict conformity with the approved plan. Ditches and facilities which erode due to lack of seed or protection shall be regraded and reshaped to conform to the approved plan requirements.
(3) 
Compaction for pipe trenches shall be to at least 95% of the material's dry-weight density, as determined by Modified Proctor Test ASTM D1557, Method C or D.
(4) 
Approval shall be received from the Township for backfill material, prior to its use. Backfill material shall be placed in eight-inch loose lifts and mechanically tamped to the desired compaction as indicated.
(5) 
Compaction by use of backhoe buckets, running over trenches with equipment or trucks, etc., is not acceptable. Either a trench roller of adequate size, or a mechanical wacker-tamper shall be used.
(6) 
Minimum pipe size shall be 18 inches for roadway pipes, and the minimum cover shall be 12 inches, measured from the top of the pipe to final surface elevation over the pipe.
(7) 
Roadway ditches shall be constructed in the location approved on the plan, and to the dimensions and grades indicated, but in no case shall they be less than the minimum requirements set forth herein before. Rock lining of ditches is required for grades over 7%, grass lining for 7% or less, and minimum grade is .75%.
C. 
Construction. All drainage facilities (pipes, roadway ditches, drainage swales, ponding basins, inlets, manholes, etc.) shall be constructed as shown on the approved plan.
(1) 
Grades on pipes and ditches shall be continuous with no bends, deflections, high or low points, etc. Proper level elevations shall be provided to eliminate deflections, bends, and high or low points. Uniform grades shall be provided on all drainage facilities.
(2) 
Roadway cross pipes or roadway pipes shall be constructed prior to placement of paving.
(3) 
Reflective markers and posts at all roadway pipes, at inlet and outlet side, shall be constructed per Township directions.
(4) 
Ditches shall be seeded or lined as soon as possible to prevent erosion and sedimentation.
(5) 
Outlet areas shall be constructed to proper grade, size and slope to allow for adequate flows.
All public utility lines required to service the subdivision shall be planned and a letter presented.
A. 
Public sewers. Where an approved public sanitary sewer system is within 1,000 feet from the development, all necessary mains and laterals for connection from the lots to the system, as shown on the preliminary and final plans, shall be installed by the subdivider/developer.
B. 
Project sewers. If public approved sewage disposal is not available, and the sewage treatment is on a project basis, the subdivider/developer on submission of preliminary plans for approval shall submit evidence that he has complied with the applicable Department of Environmental Protection (DEP) regulations; and shall submit such evidence to the Supervisors.
C. 
On-lot septic systems. If an approved public sanitary sewage system is not accessible to the development, the subdivider/developer or lot owner shall provide for on-lot sewage disposal in conformance with the requirements of the DEP and the appropriate planning module. The subdivider shall also furnish with the preliminary plan, percolation tests and site suitability report in accordance with the DEP requirements and approved by the Sewage Enforcement Officer of the Township.
D. 
Wastewater treatment plant effluent limits. For all wastewater treatment plants discharging above any lake or impoundment with a detention time of 14 days or greater (based on average flow conditions), the following effluent criteria is established by the Township:
Average Monthly Concentrations
(mg/l)
Instantaneous Maximum
(mg/l)
CBOD5
10.0
20.0
Total suspended solids
10.0
20.0
NH3 (May through Oct.)
3.0
6.0
NH3 (Nov. through Apr.)
9.0
18.0
NO2+ NO3 as N
14.0
28.0
Phosphorus as P
.5
1.0
E. 
The year-round limit of 100 to 200/100 ml shall be used by the Township. If designed and used properly, ultraviolet disinfection will produce an effluent without any fecal coliform on a regular basis. Tertiary treatment shall be provided at all new treatment plants in the Township. Although there are many forms of tertiary treatment for the purposes of meeting the required criteria, tertiary treatment is defined as treatment process consisting of biological waste treatment, alum addition, filtration, and disinfection (preferably with ultraviolet disinfection) or equivalent.
F. 
Reducing the phosphorous concentration in the effluent to .5 mg/l is a key element in reducing the eutrophication potential of downstream lakes and reservoirs. This level can be obtained in an economically feasible manner.
G. 
The Township also requires those copies of all monthly discharge monitoring reports' (reports submitted to the DEP describing compliance with NPDES permit) and all correspondence between the plant owner and DEP should be copied to the Township each month.
A. 
Public supply. All water mains and lines and required fire hydrants as indicated on the approved preliminary and final plans shall be installed from each lot in the subdivision and connected to a public supply if one is within 1,000 feet from the development.
B. 
Project supply. Where no public water is accessible and water is furnished by the subdivider on a project basis, the subdivider on submission of preliminary plans for approval shall submit evidence that he has complied with the applicable DEP regulations,including the proper permit, and shall submit such evidence to the Supervisors. This certificate and covenants as required by § 135-20 will be a prerequisite to preliminary plan approval under these regulations.
C. 
Private supply. If an approved public water supply is not accessible to the development and the proposed lots are less than two acres, the subdivider or owner shall provide for an on-lot water supply in conformance with the current requirements of the DEP Bureau of Community Environmental Control. The subdivider shall furnish copies of the proposed wording of restrictive easements as required by § 135-20I and a copy of the permit from the DEP.
D. 
All on-lot wells must be 100 feet from any existing or proposed septic systems.
Whether the subdivider elects to complete the required improvements prior to approval of the final plan or to post a completion improvements guarantee with the Supervisors, on inspection of such improvements will be conducted during construction by the Township Engineer and/or Township designee as provided for in Article VII.