Township of Tobyhanna, PA
Monroe County
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A. 
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. 
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.
ADJACENT
A state of being side by side, next to, adjoining, contiguous or abutting one to another.
AGENT
Any person authorized to act for the subdivider, who submits to the Commission subdivision plans for the purpose of obtaining review or approval thereof.
AMENITIES
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.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
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.
APPOINTING AUTHORITY
The Board of Supervisors of the Township of Tobyhanna, Monroe County, Pennsylvania.
APPROVAL
The official sanction of plans by an agency, commission or governing body acknowledged by the signatures of authorized representatives.
AREA
The quantity of land projected on a horizontal plan enclosed by boundaries of a defined lot, parcel or tract of land.
AUTHORITY
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]".
BLOCK
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.
BOARD OF TOWNSHIP SUPERVISORS
The Board of Supervisors of the Township of Tobyhanna, Monroe County, Pennsylvania.
BUFFER STRIP
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.
BUILDING RESERVE (SETBACK) LINE OR BUILDING RESTRICTION LINE
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.
A. 
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.
B. 
Such lines shall be determined by the requirements of the zoning district in which the lot is located.
CARTWAY (ROADWAY)
That portion of a street right-of-way, paved or unpaved, intended for vehicular use. (Includes shoulders.)
CLEAR SIGHT TRIANGLE
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.
CLUSTER HOUSING DEVELOPMENT
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]
COMMISSION OR PLANNING COMMISSION
The Township of Tobyhanna Planning Commission.
COMMON OPEN SPACE
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.
COMPREHENSIVE PLAN
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]
COUNTY
The County of Monroe, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION
The Monroe County Planning Commission is responsible for the county planning activities for Monroe County, Pennsylvania.
CROSSWALK OR WALKWAY
A strip of land including a right-of-way dedicated to public use in order to facilitate pedestrian access through or into a block.
DEDICATION
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.
DENSITY
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.
DEVELOPER
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.
DEVELOPMENT PLAN
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.
DISTRICT
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.
DRAINAGE FACILITY
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.
DRIVEWAY
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.
DUAL FRONTAGE LOTS
Lots which front an one public street and back on another with vehicular access solely from one street.
DWELLING UNIT
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:
A. 
A detached building, designed for and occupied exclusively by one family or a housekeeping unit having separate kitchen and separate bathroom facilities.
B. 
A building containing not more than two dwelling units and being designed for occupancy of families living independently of each other.
C. 
A building containing three or more dwelling units per building and being designed for occupancy of families living independently of each other.
EARTH DISTURBANCE
An activity, including but not limited to, construction, mining, farming, grubbing, filling and timber harvesting, which alters, disturbs or exposes the existing land surface.
EASEMENT
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.
ELECTRICAL UTILITY
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.
ENCROACHMENT
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.
ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania.
FLOOD HAZARD AREA
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.
FLOODPLAIN
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]
GOVERNING BODY
The Township of Tobyhanna Board of Supervisors.
GRADE, FINISHED
The completed surfaces of lands, walks, parking areas and roads brought to grades as shown on official plans.
HOMEOWNERS ASSOCIATION
An organization operating under recorded agreements through which:
A. 
Each lot and/or home unit owner in a planned or other described land area is automatically a member.
B. 
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.
IMPROVEMENTS
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.
INDUSTRIAL PARK
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.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts, or parcel of land for any purpose involving:
(1) 
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
(2) 
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.
B. 
A subdivision of land.
C. 
Development in accordance with § 503(1.1) of the Municipal Planning Code.[5]
D. 
A building permit for any commercial use.
LAND DEVELOPMENT PLAN
Land development plans depict uses defined as land development and shall be drawn pursuant to this chapter.
LAND OWNER
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.
LOT
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.
LOT AREA
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.
LOT LINE, SIDE
The lot line other than the front or rear line.
A. 
A side lot line separating a lot from a street is called a side street lot line.
LOT MARKER
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.
LOT WIDTH
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.
MAINTENANCE GUARANTEE
Security required of a developer by the Township after final acceptance by the Township of improvements installed by the developer.
MOBILE HOME
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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MODIFICATION
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.
MONUMENT
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.
MUNICIPALITY
The Township of Tobyhanna Board of Supervisors.
NATURAL FEATURE
May be associated with a wetland or wetland margin.
A. 
Floodplains.
B. 
Vegetation cover as a whole, or entire grouping.
C. 
Streams and rivers.
D. 
Watercourses and waterfalls.
E. 
Wetlands.
F. 
Lakes, ponds, marshes, and bogs.
G. 
Lake margins.
H. 
Springs and groundwater recharge areas.
I. 
Natural swales.
J. 
Habitats of endangered animal and plant species.
K. 
Wildlife habitat corridors.
L. 
Steep slopes over 25%.
NET ACREAGE
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.
NET DENSITY
Density based upon net area or the lot area.
OFFICIAL MAP
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.
OFF-STREET PARKING SPACE
A space not less than 200 square feet required to park one passenger vehicle and which area shall be measured exclusive of access drives.
OWNER
The owner of record of a parcel of land.
PERFORMANCE GUARANTEE
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.
PLAN, AS-BUILT
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.
PLAN, FINAL
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.
PLAN, PRELIMINARY
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.
PLAN, RECORD
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.
PLAN, SKETCH
The sketch map or maps of the proposed subdivision drawn and submitted in accordance with the requirements of these regulations.
PLAN OR PLAT
A map or drawing indicating the development or subdivision of a parcel of land in its various stages.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
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]
PLANNING COMMISSION
The Township of Tobyhanna Planning Commission created, and the members thereof appointed, pursuant to Article XX-A of the Second Class Township Code.[7]
PLANNING COMMISSION RECORDING SECRETARY
The staff administrator authorized by the Township to administer the subdivision and land development regulations of the Township.
PREFABRICATED HOME or MODULAR HOME
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.
PUBLIC GROUND
Includes:
A. 
Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. 
Sites for schools, sewage treatment, water facilities, refuse disposal and other publicly owned or operated facilities; and
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[8]
PUBLIC UTILITY
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.
PUBLIC UTILITY FACILITIES
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.
RESUBDIVISION
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.
REVIEW
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.
RIGHT-OF-WAY
Land set aside for use as a street, alley or other means of travel.
SANITARY SEWAGE DISPOSAL, COMMUNITY
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.
SANITARY SEWAGE DISPOSAL, INDIVIDUAL
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.
SHOULDER
The improved portion of a street immediately adjoining the travelway, for parking and for access to abutting properties.
SIGHT DISTANCE
The length of street, measured along the center line, which is continuously visible from any point 4 1/2 feet above the center line to an object four inches above the road surface.
SINGLE AND SEPARATE OWNERSHIP
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.
SITE ALTERATIONS
The disturbance of any topsoil or moving of earth which changes the existing topography.
STREET
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.
A. 
A minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
B. 
A major regional highway including an expressway, freeway, interstate or intrastate highway designed to carry large volumes of vehicular traffic.
(1) 
Interregional — Into, out of, or through Monroe County.
(2) 
Intraregional — From one political subdivision within Monroe County to another or to or from an interstate or interregional highway.
C. 
These 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.
D. 
These 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.
E. 
These 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:
F. 
These 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.
G. 
These 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.
H. 
A 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.
I. 
A 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.
SUBDIVIDER
That person owning an interest in the land being subdivided who shall be the party responsible for the subdivision.
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:
A. 
Division of land under any of the following classifications:
(1) 
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.
(2) 
A division of any part, parcel or area of land that contains new lots served by a private access street or private driveway.
(3) 
Provided, however, that any minor subdivision:
(a) 
Involves no new street or extension of any existing street or road.
(b) 
Involves no installation, extension or improvement of any water or sewer facility.
(c) 
Is consistent with the Township of Tobyhanna Zoning Ordinance.[9]
(d) 
Is consistent with all the provisions of the Township of Tobyhanna subdivision and land development regulations.
(e) 
Is consistent with the Township Development Plan or Official Map.
(f) 
Provides for and does not adversely affect development of the remainder of the tract.
(4) 
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.
B. 
Any division of any part, parcel or area of land that does not qualify as a minor subdivision.
C. 
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.
SURVEYOR
A professional land surveyor licensed as such in the Commonwealth of Pennsylvania.
TOWNSHIP
Township of Tobyhanna, Monroe County, Pennsylvania.
TOWNSHIP ENGINEER
The Engineer for the Township of Tobyhanna.
TOWNSHIP SECRETARY
The Secretary of the Township of Tobyhanna.
TOWNSHIP SOLICITOR
The Solicitor for the Township of Tobyhanna.
TRAVELWAY
The portion of a road cartway used for steady movement of vehicles.
UNDEVELOPED LAND
Land in parcel sufficiently large for future subdivision which is presently in agriculture, woodland or lying fallow.
WATERCOURSE
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.
WATER FACILITY
Any water works, water supply works, water distribution system or part thereof, designed, intended or constructed to provide or distribute potable water.
WATER SUPPLY, CENTRAL
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.
WATER SUPPLY, INDIVIDUAL ON-SITE
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.
WETLANDS
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.
ZONING ORDINANCE
The Zoning Ordinance of the Township of Tobyhanna.[10]
[1]
Editor's Note: See 53 P.S. § 301 et seq.
[2]
Editor's Note: See Ch. 155, Zoning.
[3]
Editor's Note: See 53 P.S. § 10501 et seq.
[4]
Editor's Note: See Ch. 77, Floodplain Management.
[5]
Editor's Note: See 53 P.S. § 10501 et seq.
[6]
Editor's Note: See Ch. 155, Zoning.
[7]
Editor's Note: See now 53 P.S. § 10201 et seq.
[8]
Editor's Note: See now 65 Pa.C.S.A. § 701 et seq.
[9]
Editor's Note: See Ch. 155, Zoning.
[10]
Editor's Note: See Ch. 155, Zoning.