Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
When the owner/developer has constructed and installed all required improvements in accordance with Township regulations, standards and specifications and approved plans, the developer shall, in writing, addressed to the Township Secretary, request an engineering inspection of the said private or public improvements.
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Township in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township engineer. The Supervisors, within 10 days after receipt of such notice, shall direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall thereupon file a report in writing with the Board of Supervisors, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
The Board of Supervisors shall notify the developer, within 15 days of receipt of the engineer's report, in writing, by certified or registered mail, of the action of said Board of Supervisors with relation thereto.
If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer shall proceed to complete the same and upon completion, the same procedure of notification, as outlined herein, shall be followed.
If the Engineer shall find that the required improvements have been constructed in accordance with Township regulations, standards, specifications, plans, and the construction detail shown on the plans, and shall be satisfied that the owner/developer has complied fully with the provisions of this article, the Township Secretary shall notify the owner to the effect and the owner shall thereupon furnish the Township with:
Where the governing body accepts dedication of all or some of the required improvements following completion, the governing body shall require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or Township authority and shall not be included within the financial security as otherwise required by this section.
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the Township shall not condition the issuance of building, grading, or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat, upon actual completion of the improvements depicted upon approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. Any ordinance or statute inconsistent herewith is hereby expressly repealed.
Three complete sets of all plans of subdivision which will be titled "as-built drawings" including but not limited to drainage and profile plans, showing thereon all approvals required by this chapter and specifically approvals of as-built plans, and also three like sets of plans on paper. Sheets which would duplicate in every respect those submitted as the final plan may not be required.
A deed to all public property.
The fees or charges of the Clerk of the Court of Monroe County on the petition and resolution of the Board of Supervisors to the said court for its approval of its acceptance of the streets.
Upon receipt of the above six requirements, and upon performance of all obligations by the owner to be performed under the improvements agreement, the Board of Supervisors may proceed to accept said street, drainage facilities and other improvements in the manner provided with the Municipal Planning Code.[1] The final profile plan drawings hereinabove referred to shall show the centerline profile grades of the streets within the subdivision as originally computed and designed and shown on the plans referred to in and required by these regulations, and also the final profile grades of said street after the construction thereof.
Editor's Note: See 53 P.S. § 10501 et seq.