(1) Items provided for in Section 503(1.1) of the Municipalities Planning Code, as listed in §
135-8B, are considered exclusions and shall not be subject to the subdivision and land development processes. Allowable exclusions are subject to zoning application process and review, including §
155-17 (CI Commercial/Industrial District), Subsection
M(3), and §
155-17 (CI Commercial/Industrial District), Subsection
M(4).
(2) All applications for site development plans, land development plans and subdivisions, whether the same be a major or minor subdivision, related to lands which are situated in a Commercial/Industrial District shall first be reviewed by the Tobyhanna Township Planning Commission, and thereafter by the Tobyhanna Township Board of Supervisors. The application for subdivision and/or land development shall be accompanied by a plan as required by Chapter
135, Subdivision and Land Development. In addition, such plan shall contain the following information and criteria:
(a) The location of all side yard, front yard and rear yard setback lines.
(b) The location of the proposed building or existing building or buildings and the location of all proposed or existing out-buildings or -structures.
(c) The location of a proposed or existing sign or signs and the complete dimensions thereof.
(d) The location of the proposed or existing parking areas and the number of vehicles currently accommodated or proposed to be accommodated, whether or not the parking area is to be blacktopped and, if not, the nature and type of surface to be utilized to accommodate the parking of vehicles.
(e) The location of all existing or proposed driveway entrances and exits.
(f) The present or proposed line-of-sight angles for traffic entering and exiting the property.
(g) The location of all existing or proposed shrubs, trees, signs and structures that will inhibit or impede the clear lines of sight for traffic entering and exiting the property.
(h) The location and complete details relating to buffer areas, where applicable.
(i) All road frontages abutting the property, and also locating all intersecting streets, interior streets, other streets and entrances within 500 feet of the property. Current aerial map is acceptable.
(j) Current commercial or commercial/industrial use of the property.
(k) A complete detailed description of the proposed commercial or commercial/industrial use and the hours of operation.
(l) The type and location and size of the existing sewage disposal system and/or the proposed sewage system, locating the size and type of sewage disposal system with planning modules to be submitted if the sewage disposal system is to be increased; and submission of Department of Environmental Protection permits, where applicable.
(m) Location of an existing or proposed well.
(n) Submission of PennDOT and/or Township encroachment or driveway permits, where applicable.
(o) Proof of ownership and/or leasehold interest and written consent of the owner to alterations by the tenant, if applicable.
(p) The location and full description of all proposed outdoor lighting.
(q) The location of all utility lines crossing the property.
(r) Complete details concerning the effect of the proposed commercial or commercial/industrial use relating to the health and safety of the immediate area as to noise, fumes and odor emanating by reason of the proposed use.
(s) The number of current or prospective employees.
(t) Existing improvements.
[1] For each improvement currently existing, a reference to:
[a] The issuance date and number of the permit issued by the Township which approved the improvement; or
[b] The issuance date and number of the certificate of nonconforming use issued by the Township which granted the nonconforming status of the improvement; or
[c] The date the improvement was begun to be constructed or installed, and the completion date of the improvement, where it is alleged the improvement predates the effective date of
Chapter 155: Zoning, or
Chapter 135: Subdivision and Land Development, or any predecessor Subdivision or Zoning Ordinance.
[2] Notwithstanding any other provision of
Chapter 155: Zoning, or
Chapter 135: Subdivision and Land Development, in the event the applicant fails to include the information required by this Subsection M(1)(t), such failure may alone be sufficient grounds to deny approval of the plan or permit.
[3] Notwithstanding any other provision of
Chapter 155: Zoning, or
Chapter 135: Subdivision and Land Development, in the event the applicant fails to remove a prohibited or nonpermitted or nonapproved improvement currently existing that required Township approval or a permit at the time of its construction, installation, or placement on the site in question; or fails to obtain such approval or a permit by the time the application or plan was filed with the Township, such failure may alone be sufficient grounds to deny approval of the plan or permit.
(u) A specific reference to the date and the contents, verbatim, of any previous condition imposed upon any part of the property located within the site plan in either a conditional use decision previously rendered by the Board of Supervisors, or a special exception or variance decision previously rendered by the Zoning Hearing Board. Notwithstanding any other provision of
Chapter 155: Zoning, or
Chapter 135: Subdivision and Land Development, if the applicant fails to comply with this
§ 155-17M(1)(u), or if the application or plan can be reasonably deemed to ignore, circumvent, extinguish or diminish any condition previously imposed by the Board of Supervisors and/or Zoning Hearing Board, as above set forth, then either of such events may alone be sufficient grounds to deny approval of the plan or permit.
(v) The location and full description of all proposed landscaping.
(w) The location and type of stormwater retention areas as well as the submission of stormwater calculations.
(3) Access to all commercial/industrial lots shall comply with the requirements as set forth in
Chapter 135: Subdivision and Land Development.
(4) Approval. Notwithstanding anything heretofore provided in this chapter or as provided by the Municipalities Planning Code, the final approval for all building permits relating to Commercial and Commercial/Industrial Districts shall rest absolutely with the Board of Supervisors of Tobyhanna Township. The Planning Commission's review shall be advisory only and shall not vest in the Planning Commission any authority relating to the issuance of building permits for any zoning district, nor shall the Planning Commission have any authority relating to the revocations of existing building permits in any zoning district.
