Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
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In Re: Public hearing to receive public comment and to
consider the adoption of an ordinance amending the
Tobyhanna Township subdivision and Land Development
Ordinance to establish time deadlines for inactive
preliminary and final subdivision and land
development
plans.
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Tobyhanna Township Government Center Building
State Avenue
Pocono Pines, Pennsylvania 18350
Monday, April 14, 2008 beginning at 10:07 a.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
HUGH LAMBERTON, Board Member
JAMIE B. KEENER, Board Member
PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
ALSO PRESENT: PHYLLIS HAASE, Zoning Officer
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PANKO REPORTING
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
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1 MR. ARMSTRONG: My name is Patrick
2 Armstrong. I'm the solicitor for Tobyhanna
3 Township. We're here at 10:07, on April 14, 2008
4 for a public hearing on the proposed and draft
5 subdivision and land development amendment
6 regarding the establishment of time deadlines for
7 inactive subdivision and land development plans.
8 This ordinance has been advertised
9 for a public hearing this morning. It's also been
10 forwarded to the township planning commission, as
11 well as the county planning commission. The
12 township planning commission is in favor and has
13 recommended approval of the SALDO amendment
14 regarding the time limits for inactive plans.
15 And as I said before, it was
16 forwarded to the county for comment. It's been
17 advertised in the newspaper twice pursuant to the
18 MPC. It's been forwarded to the Monroe County Law
19 Library for public availability and it's also been
20 available at this township, as well as the
21 newspaper, that it was advertised for public
22 availability. And we're here today for a public
23 hearing to discuss it.
24 What the ordinance does is, it sets
25 a deadline of six months from the date of the last
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1 township engineer's review letter on a particular
2 subdivision or land development plan. When a plan
3 is submitted with the township, if it is inactive
4 or not revised by the applicant after a township
5 engineer review letter for a period of more than
6 six months, this ordinance gives the township
7 additional authority to deny the plan based on that
8 inactivity.
9 The sections of the existing SALDO
10 that will be affected by this are Section 135-12(K)
11 and Section 135-13(L).
12 Are there any comments from the
13 board of supervisors at this time with respect to
14 this ordinance?
15 MR. KEENER: Just one question. Do
16 we intend to give the applicant notice prior to
17 taking action on the denial?
18 MR. ARMSTRONG: Yeah, like any -- I
19 mean, right now there is not an ordinance that says
20 this on the books. But what we have been doing is,
21 in the past the action of the township has been to
22 send out a letter when a plan has been inactive for
23 a certain period of time saying listen, you haven't
24 responded to the township's engineer letter, it's
25 been inactive. What's your intention with respect
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1 to this plan? Do you intend to go forward with it?
2 Do you intend to withdraw it? And if we get a
3 response, we do; and if we don't, you know, we let
4 them know that the appropriate action will be taken
5 at the next township meeting.
6 Is there any comment from the public
7 at this time? We'll open it up for public comment.
8 When you have a comment just, you know, state your
9 name for the record and where you live.
10 MR. CHARLES ORLANDO: My name is
11 Charles Orlando. I live in the Pocohanna Colony --
12 MR. KERRICK: Sir, excuse me.
13 That's the next hearing.
14 MR. CHARLES ORLANDO: I'm sorry?
15 MR. KERRICK: That's the next
16 hearing. There's two hearings this morning.
17 MR. ARMSTRONG: There's two
18 ordinances.
19 MR. KERRICK: It's back to back.
20 There's two different ordinances. You'll have your
21 time if you want to wait until --
22 MR. CHARLES ORLANDO: Sorry.
23 MR. ARMSTRONG: Just so we're clear,
24 your comments were with respect to -- there's
25 another ordinance that's being considered today and
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1 that's for the rezoning of the zoning map.
2 MR. CHARLES ORLANDO: I thought
3 that's what we were talking about.
4 MR. ARMSTRONG: That's what you're
5 here for?
6 MR. CHARLES ORLANDO: Yes.
7 MR. ARMSTRONG: You're not here for
8 the subdivision and land development amendment?
9 Okay.
10 Is there anyone else from the public
11 that would have comments on this particular
12 proposed ordinance?
13 Seeing there are none, are there any
14 other comments from the board?
15 MR. KERRICK: No.
16 MR. LAMBERTON: No.
17 MR. ARMSTRONG: And at this time we
18 can close this public hearing. We'll open it up
19 again at the actual board of supervisors regular
20 meeting for your vote at that time.
21 (Hearing concluded at 10:12 a.m.)
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8 I hereby certify that the
9 proceedings and evidence are contained fully and
10 accurately in the notes taken by me at the hearing
11 in the above matter; and that the foregoing is a
12 true and correct transcript of the same.
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16 EVILYS E. BRATHWAITE
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