[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:
(1) Presubmission
conference (encouraged, but not required);
(2) Sketch
plan (optional for minor and major plans);
B. The Board of Supervisors has chosen to exercise its
authority under Section 503(1.1) of the Municipalities Planning Code 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).]
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.
B. If ownership of the original tract has not been transferred since approval of the first minor subdivision, all subsequent subdivisions within the six-year period defined in §
135-11A shall be deemed major subdivisions and submitted pursuant to Article
III.