Municipality of Murrysville, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Municipality of Murrysville 12-16-2015 by Ord. No. 941-15.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 201.
Zoning — See Ch. 220.
[1]
Editor's Note: This ordinance also repealed former Ch. 135, Impact Fees, adopted 7-12-2006 by Ord. No. 718-06.

§ 135-1 Title.

This chapter shall be known as the "Municipality of Murrysville Impact Fee Ordinance" and shall be codified in the Municipal Code as repealing and replacing Chapter 135, Impact Fees.

§ 135-2 Purpose.

The purpose of this chapter is to repeal and replace the provisions of Chapter 135 of the Code of the Municipality of Murrysville that contains the Municipality of Murrysville Impact Fee Ordinance and enact new provisions for the Municipality of Murrysville Impact Fee Program, including a TRANSPORTATION CAPITAL IMPROVEMENTS PLAN,[1] to ensure that the transportation system is available and adequate to support existing volumes of traffic and traffic projected to be generated by new growth and development. To advance this objective, the Municipality of Murrysville Impact Fee Program shall be based upon the imposition of an IMPACT FEE payable to the Municipality at the time of BUILDING PERMIT issuance. Additionally, the program identifies existing deficiencies due to pass-through trips and future trip generation attributable to NEW DEVELOPMENT. The program will provide a continuing generation of funds necessary for the Municipality to initiate and complete capital transportation improvements as needed in support of new growth and development. Such a program will involve participation by DEVELOPERS as well as local, state and federal governments. Through the Impact Fee Program, the Municipality is establishing a process whereby future traffic needs can be addressed in a timely manner and the impact of increased traffic volumes can be minimized to the extent possible.
[1]
Editor's Note: Per § 135-18C of this chapter, terms in all capital letters in this chapter are defined in the chapter (see § 135-4, Definitions) or in the Municipalities Planning Code (see 53 P.S. § 10101 et seq.).

§ 135-3 Findings.

The Council hereby finds and declares that:
A. 
The recitals set forth at the beginning of this chapter are incorporated herein as findings of the Council as if fully set forth below.
B. 
The Municipality is committed to the provision of a transportation system at service levels necessary to support residential and nonresidential growth and development.
C. 
Transportation service levels will be provided by the Municipality utilizing funds allocated via the capital budget, capital improvements programs, formal and informal partnerships with the Pennsylvania Department of Transportation (PennDOT) and IMPACT FEES.
D. 
The aggregation of development in the defined TRANSPORTATION SERVICE AREA intensifies the demand for transportation improvements designed to accommodate traffic volumes at a "D" level of service as defined by the Transportation Research Board of the National Academy of Science, which is the minimum acceptable level of service to accommodate such development and the intensity thereof.
E. 
The development potential of properties in the defined TRANSPORTATION SERVICE AREA is reflected in the RSA Report and the Municipality's COMPREHENSIVE PLAN and is implemented via the Subdivision and Land Development Ordinance and the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 201, Subdivision and Land Development, and Ch. 220, Zoning, respectively.
F. 
To the extent that NEW DEVELOPMENT in the TRANSPORTATION SERVICE AREA places demands upon the transportation system, those demands should be satisfied by the establishment of an Impact Fee Program that distributes the responsibility for financing the provision of such transportation facilities among the Municipality, state and federal governments, and DEVELOPERS.
G. 
The amount of the IMPACT FEE to be imposed shall be calculated in accordance with the provisions of the MPC[2] and this chapter, applying the engineering standards set forth in Trip Generation, 9th Ed., 2012, vols. 1-3, Institute of Transportation Engineers, and any amendments or future editions thereof.
[2]
Editor's Note: The Municipalities Planning Code; see 53 P.S. § 10101 et seq.
H. 
The Municipality hereby finds and declares that an IMPACT FEE imposed upon NEW DEVELOPMENT, in order to assist in the financing of specified major TRANSPORTATION CAPITAL IMPROVEMENTS in the defined TRANSPORTATION SERVICE AREA, the demand for which has been quantified through the application of land use assumptions provided by the Impact Fee Advisory Committee appointed by the Council, is in the best interest of the Municipality and its residents.

§ 135-4 Definitions.

As used in this chapter, the words shall have the meaning set forth in Sections 107 and 502-A of the MPC unless the context clearly indicates to the contrary.[1] The following words and terms, not defined in the MPC or defined differently from the MPC, shall have the following meanings unless the context clearly indicates to the contrary:
BUILDING PERMIT
A permit for the activities regulated under the Pennsylvania Uniform Construction Code as administered by the Municipality and any activity requiring an OCCUPANCY PERMIT, including, without limitation, the following activities:
A. 
The construction or alteration of a man-made object having a stationary location on land or water.
B. 
The construction of an addition.
C. 
The demolition of or the movement of a man-made object having a stationary location on land or water.
D. 
A change of occupancy or use.
E. 
The installation of or the alteration of any equipment regulated by the Pennsylvania Uniform Construction Code.
CHIEF ADMINISTRATOR
The chief administrator of the Municipality of Murrysville appointed pursuant to Article XI of the Municipality of Murrysville Home Rule Charter, Pa. Code, Title 365, Part V, Chapter 41.
COMPREHENSIVE PLAN
The overall policy guide for the physical man-made change to improved or unimproved real estate of the Municipality of Murrysville adopted by the Council as the COMPREHENSIVE PLAN of the Municipality of Murrysville either as a whole or in parts, consisting of documents, maps, drawings and charts in accordance with the MPC and as amended from time to time. The Municipality of Murrysville COMPREHENSIVE PLAN includes but is not limited to the Murrysville Comprehensive Plan adopted in February 2015 by the Council and designs or plans or any studies or surveys emanating therefrom.
DEVELOPER
Any person who has legal title of land, agent of the legal title or tenant with permission of the person who has legal title of land, who makes an application for development. A DEVELOPER is also known as an "APPLICANT." In the case of the assessment of additional IMPACT FEES, it shall also mean a successor in title.
IMPACT FEE
A fee, to be paid at BUILDING PERMIT issuance, and calculated in accordance with the provisions of the MPC, as amended, and this chapter or the fee to be paid in accordance with § 135-6D after a special transportation study pursuant to § 135-10A(5).
MUNICIPAL TRAFFIC ENGINEER
For the purpose of the roadway sufficiency analysis and the TRANSPORTATION CAPITAL IMPROVEMENT PROGRAM, any Pennsylvania-licensed engineer with experience in traffic and roadway engineering as may be appointed from time to time by the Council.
NEW DEVELOPMENT
Any commercial, industrial or residential or other project which involves new construction, enlargement, reconstruction, redevelopment, relocation or structural alteration and which is expected to generate additional vehicular traffic within the transportation service area of the municipality. NEW DEVELOPMENT also includes any change in use that increases peak-hour trips generated by such change in use, whether or not physical changes to the site or structures on the site are required. Development pursuant to MPC Article VII, Planned Residential Development (PRD), and MPC Article VII-A, Traditional Neighborhood Development (TND), is included in NEW DEVELOPMENT.
OCCUPANCY PERMIT
A permit for occupancy and use issued pursuant to Chapter 220, Zoning, of the Municipal Code.
P.M. PEAK-HOUR
The relevant peak-hour period for the calculation of IMPACT FEES. Trips generated in the P.M. PEAK-HOUR shall be used to determine the IMPACT FEE.
TRANSPORTATION CAPITAL IMPROVEMENTS PLAN
A plan adopted by the Council of the Municipality prior to the enactment of any Impact Fee Ordinance for the purpose of identifying and planning for TRANSPORTATION CAPITAL IMPROVEMENTS. Specifically, the Impact Fee Advisory Committee prepared or directed to be prepared a Transportation Capital Improvements Plan dated November 2, 2015, and prepared by the MUNICIPAL TRAFFIC ENGINEER adopted as Resolution No. 656-15 by the Council on December 16, 2015.
TRANSPORTATION SERVICE AREA
That geographically defined area of the Municipality which, pursuant to the Zoning Ordinance and applicable district regulations, has an aggregation of sites with development potential creating the need for transportation improvements for such area to be funded by IMPACT FEES as set forth in Attachment A attached hereto and made apart hereof.[2]
TRIP GENERATION RATES
Those rates of traffic for the P.M. PEAK-HOUR, or in the case of retail commercial use the Saturday peak-hour, of adjacent street traffic as determined in Trip Generation, 9th Ed., 2012, vols. 1-3, the Institute of Transportation Engineers, and any amendments or future editions thereof.
UNIT COST PER TRIP
The dollar figure calculated by dividing the total costs of the road improvements included in the adopted TRANSPORTATION CAPITAL IMPROVEMENTS PLAN, plus both i) a ten-percent contingency, and ii) the cost of the MUNICIPAL TRAFFIC ENGINEER's preparation of the roadway sufficiency analysis within the TRANSPORTATION SERVICE AREA attributable to and necessitated by NEW DEVELOPMENT within the service area divided by the number of anticipated P.M. PEAK-HOURS trips generated by all NEW DEVELOPMENT consistent with the land use assumptions and calculated in accordance with Trip Generation, 9th Ed., 2012, vols. 1-3, the Institute of Transportation Engineers, and any amendments and future editions thereto.
[1]
Editor's Note: See 53 P.S. §§ 10107 and 10502-A, respectively.
[2]
Editor's Note: Said attachment is on file in the Municipality's offices.

§ 135-5 Applicability of impact fee.

A. 
This chapter shall be uniformly applicable to all NEW DEVELOPMENT that occurs within the defined TRANSPORTATION SERVICE AREA.
B. 
This chapter shall not apply to the Franklin Regional School District, or buildings associated therewith, or to the Municipality of Murrysville, the Franklin Township Municipal Sanitary Authority, the Municipal Authority of Westmoreland County or any other municipal agency or authority. Schools and local government agencies serve an overriding public interest, warranting an exemption from IMPACT FEES.

§ 135-6 Imposition of impact fee.

A. 
No BUILDING PERMIT or OCCUPANCY PERMIT subject to this chapter shall be issued for a development in the TRANSPORTATION SERVICE AREA unless the APPLICANT has paid the IMPACT FEE imposed by and calculated pursuant to this chapter.
B. 
In calculating the IMPACT FEE to be paid at the time of a BUILDING PERMIT or OCCUPANCY PERMIT, the IMPACT FEE shall be based upon the trips that will be generated by the specific construction or use authorized by the permit. In the case of phased development, only the trips generated by the phase being developed need to be paid at the time a BUILDING PERMIT or OCCUPANCY PERMIT is issued.
C. 
The IMPACT FEE shall be paid at the issuance of the first permit in time in the event that both a BUILDING PERMIT and an OCCUPANCY PERMIT would be issued for the same use.
D. 
In the event a special transportation study is performed pursuant to § 135-10A(5) and additional trips are being generated or would be at full occupancy, the DEVELOPER shall pay the additional IMPACT FEE within 30 days of written notice from the CHIEF ADMINISTRATOR containing a copy of the special transportation study and the calculation of the additional IMPACT FEE based thereon.
E. 
In the case of land development, subdivision or planned residential development, the methodology, basis and amount for the IMPACT FEE shall be set forth in the developer's agreement required pursuant to Chapter 201 and the planned residential development pursuant to Chapter 220. Council's right to conduct a special study pursuant to § 135-10A(5) shall be set forth clearly therein. The obligation to pay additional IMPACT FEES as a result of such a study shall run with the land and shall be the primary responsibility of the landowner. The obligation to pay additional IMPACT FEES as a result of such a study shall be a covenant running with the land and shall be the primary responsibility of the landowner. The developer's agreement shall be in recordable form. If the said covenant poses an impediment to the developer(s), their heirs, successors and assigns obtaining construction mortgage financing, developer(s), their heirs, successors and assigns may request Murrysville release said covenant upon substitution of an escrow fund in an amount mutually agreed upon by the developer and Murrysville. The escrow account amount shall be sufficient to secure payment of any additional impact fees that may be required in order to assure the subject transportation service district is operating at the preferred levels of service. Furthermore, a municipal no-lien letter issued to a bona fide purchaser of a unit or lot for his or her "individual use," whether for residential or business purposes, and which does not assert an additional impact fee amount due the Municipality, shall constitute a release of the aforesaid obligation running with the land as to the subject purchaser's unit or lot.

§ 135-7 Calculation of impact fee.

A. 
The UNIT COST PER TRIP is derived from the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN and may be amended from time to time as transportation needs dictate and as directed by the Council in accordance with the procedures set forth in the MPC.
B. 
The IMPACT FEE imposed by this chapter upon all NEW DEVELOPMENT shall be determined by applying the unit improvement cost to the P.M. PEAK-HOUR trips generated by a project as identified in Trip Generation, 9th Ed., 2012, vols. 1-3, the Institute of Transportation Engineers, and any amendments or future editions thereof, or by a special transportation study pursuant to § 135-10. To determine the fee for a specific use, the P.M. PEAK-HOUR trip generation rate for the proposed use shall be multiplied by the unit improvement cost rate in the TRANSPORTATION SERVICE AREA.
C. 
If the development for which a BUILDING PERMIT is sought contains a mix of uses, the APPLICANT must separately calculate the IMPACT FEE due for each type of development.

§ 135-8 Additional impact fee.

A. 
Applicability. An additional IMPACT FEE shall be imposed upon NEW DEVELOPMENTS that generate 1,000 or more P.M. PEAK-HOUR trips, net of pass-by trips as defined by Trip Generation, 9th Ed., 2012, vols. 1-3, Institute of Transportation Engineers, and any amendments or future editions thereof. This section is in addition to the IMPACT FEE calculated under the Ordinance.
B. 
Traffic study. An APPLICANT for a NEW DEVELOPMENT that generates 1,000 or more P.M. PEAK-HOUR trips shall be required to perform a traffic analysis of development traffic impact on highways, roads or streets outside the TRANSPORTATION SERVICE AREA in which the NEW DEVELOPMENT is located, but within the boundaries of the Municipality. Any highways, roads or streets or parts thereof outside the TRANSPORTATION SERVICE AREA that will accommodate 10% or more of the NEW DEVELOPMENT traffic and 100 or more new P.M. PEAK-HOUR trips may be required to be studied. The traffic study is to be conducted in accordance with the CHIEF ADMINISTRATOR's regulations.
C. 
Mitigation. APPLICANTs for NEW DEVELOPMENT that generate 1,000 or more new P.M. PEAK-HOUR trips, less pass-by trips, will be required to mitigate the traffic impact of the NEW DEVELOPMENT on the affected roads, highways and streets per the traffic study to maintain the pre-development conditions.

§ 135-9 Establishment of transportation service area.

The Municipality has defined a TRANSPORTATION SERVICE AREA as shown on the Transportation Service Area Map (see Attachment A) in accordance with the provisions of the MPC.[1]
[1]
Editor's Note: Said attachment is on file in the Municipality's offices.

§ 135-10 Special transportation study.

A. 
Applicability of this section. The CHIEF ADMINISTRATOR may permit or require a NEW DEVELOPMENT to perform a special transportation study to document actual trip generation from a particular use. The instances when a special transportation study can or must be performed are limited to instances where:
(1) 
The Municipality requests a special transportation study based upon unique conditions of the property or the property's sensitive location within the TRANSPORTATION SERVICE AREA.
(2) 
No "R" value or fitted curve equation is provided for the use in the most recent version of Trip Generation, 9th Ed., 2012, vols. 1-3, the Institute of Traffic Engineers.
(3) 
The use is not represented in any amendments or future editions of Trip Generation, 9th Ed., 2012, vols. 1-3, the Institute of Traffic Engineers.
(4) 
A DEVELOPER, after no more than 18 months from the date of payment of an IMPACT FEE and being fully occupied and operational, chooses to challenge the amount of the IMPACT FEE previously paid for a NEW DEVELOPMENT; provided, however, the study cannot be initiated until at least one year after the issuance of the first occupancy permit for a use within the NEW DEVELOPMENT.
(5) 
At least one year after the issuance of the first occupancy permit for a NEW DEVELOPMENT, the Council, at its sole discretion, on its own motion or upon the complaint of a property owner within the TRANSPORTATION SERVICE AREA, determines that the results of the special study used to determine the impact fee need to be reexamined or the Council determines that the roadways nearby the NEW DEVELOPMENT within the TRANSPORTATION SERVICE DISTRICT are not operating at the preferred levels of service. A redetermination, initiated as aforesaid, must be commenced by action of the Council no more than 18 months from the date of payment of an impact fee and development being fully occupied and operational.
B. 
Guidelines for conducting a special transportation study. Special transportation studies must be conducted in accordance with CHIEF ADMINISTRATOR's regulations. The DEVELOPER shall be responsible for all costs associated with the special transportation study, except for a special transportation study performed by the Council pursuant to Subsection A(5) above.
C. 
Adjustments. Requests for adjustments of an IMPACT FEE as a result of a special transportation study conducted under Subsection A(4) of this section must be in writing directed to the CHIEF ADMINISTRATOR and must be postmarked within 18 months of the date of the check or wire transfer paying the IMPACT FEE. No adjustments will exceed the amount of the IMPACT FEE actually paid. The value of a single trip shall be the value that the APPLICANT paid, not the value at the time of adjustment.

§ 135-11 Administration of impact fees.

A. 
Collection of impact fee. IMPACT FEES due pursuant to this chapter shall be collected by the Municipality in the manner prescribed herein prior to issuance of a BUILDING PERMIT.
B. 
Establishment and maintenance of accounts. The CHIEF ADMINISTRATOR shall establish an interest-bearing trust fund account created solely for IMPACT FEES. All interest earned on IMPACT FEES deposited in the account shall become the funds of that account. IMPACT FEES generated from NEW DEVELOPMENT may only be expended for TRANSPORTATION CAPITAL IMPROVEMENTS identified as being funded by IMPACT FEES under the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN in the TRANSPORTATION SERVICE AREA, except as provided in § 135-13.
C. 
Maintenance of records. The CHIEF ADMINISTRATOR shall maintain and keep adequate financial records for each such account that will show the source and disbursement of all revenues, that will account for all moneys received and that shall ensure that the disbursement of funds from each account will be used solely and exclusively for the provision of projects specified in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN for the TRANSPORTATION SERVICE AREA.
D. 
Annual accounting. The Municipality will provide that an annual accounting is made for any account containing IMPACT FEE proceeds and earned interest. The accounting shall include the total funds collected, the source for the funds collected, the total amount of interest accruing on such funds and the amount of funds expended on specific transportation improvements. Notice of the availability of the results of the accounting will be included and published as part of the Municipality's annual audit. A copy will also be provided to the Impact Fee Advisory Committee.

§ 135-12 Impact Fee Advisory Committee.

A. 
Role of Impact Fee Advisory Committee. The IFA Committee has been formed pursuant to the MPC, as amended, to serve in an advisory capacity to the Council. The IFA Committee has as its duties:
(1) 
To make recommendations, with respect to land use assumptions, the development of comprehensive road improvements and IMPACT FEES.
(2) 
To make recommendations to approve, disapprove or modify a capital improvement program by preparing a written report containing these recommendations to the Municipality.
(3) 
To monitor and evaluate the implementation of a capital improvements program and the assessment of IMPACT FEES and report annually to the Municipality with respect to the same.
(4) 
To advise the Municipality of the need to revise or update the land use assumptions, capital improvements program or IMPACT FEES.
(5) 
To conduct public hearings with respect to any recommendations on land use assumptions in accordance with the requirements of the chapter and the MPC.
(6) 
To prepare or cause to be prepared a roadway sufficiency analysis in accordance with the requirements of this chapter and the MPC.
(7) 
To review and make recommendations to the Council on changes to the CHIEF ADMINISTRATOR's regulations as may be proposed from time to time.
B. 
Review of TRANSPORTATION CAPITAL IMPROVEMENTS or IMPACT FEES Charge. The Council may request, no more than annually but no less than once every three years, the IFA Committee to review and make recommendations on the TRANSPORTATION CAPITAL IMPROVEMENTS or IMPACT FEES charges based only on:
(1) 
Subsequent NEW DEVELOPMENT which has occurred in the Municipality.
(2) 
Completion of capital improvements in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN.
(3) 
Unavoidable delays in construction of capital improvements contained in the PLAN beyond the Municipality's control or responsibility.
(4) 
Significant changes in the land use assumptions;
(5) 
Changes in the estimated costs of the transportation improvements proposed which may be recalculated by applying the construction cost index as published in the American City/County Magazine or the Engineering News Record; provided, however, that the Council, upon the recommendation of the Municipal traffic engineer, may instruct the IFA Committee to utilize another method.
(6) 
Significant changes in the projected revenue from sources listed.

§ 135-13 Disbursement of impact fees for projects not listed on Transportation Capital Improvements Plan.

The Municipality may expend IMPACT FEES paid by an APPLICANT on projects not contained in the adopted TRANSPORTATION CAPITAL IMPROVEMENTS PLAN if all of the following criteria are met:
A. 
The APPLICANT has provided written consent to use of its collected IMPACT FEES for specific transportation projects which are not included in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN.
B. 
The alternative transportation project, whether highway or multimodal, has as its purpose the reduction of traffic congestion or the removal of vehicle trips from the roadway network.
C. 
The Municipality amends its TRANSPORTATION CAPITAL IMPROVEMENTS PLAN components required by Section 504-A(e)(1)(vi) of the Municipalities Planning Code, 53 P.S. § 10504-A(e)(1)(vi), to provide replacement of the collected IMPACT FEES transferred to transportation projects outside the approved TRANSPORTATION CAPITAL IMPROVEMENTS PLAN from sources other than IMPACT FEES or DEVELOPER contributions within three years of completion of the alternative projects to which the transferred fees were applied.

§ 135-14 Method of payment.

Payment of the IMPACT FEE shall be made by the APPLICANT prior to the issuance of a BUILDING PERMIT, or OCCUPANCY PERMIT if no physical improvements are required, by the Municipality for the NEW DEVELOPMENT for development on the applicable site.

§ 135-15 Credits.

A. 
An APPLICANT is entitled to a credit against the IMPACT FEE in the amount of the fair market value of any land dedicated by the APPLICANT to the Municipality for future right-of-way, realignment or widening of any existing roadways or for the value of any construction of road improvements contained in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN which is performed at the APPLICANT's expense. The amount of such credit for any capital improvement constructed shall be the amount allocated in the capital improvement program and used in the calculation of the IMPACT FEE, including contingency factors for such work, the sum of these discounted back to the year of construction. The fair market value of any land dedicated by the APPLICANT shall be determined as of the date of the submission of the land development or subdivision application to the Municipality.
B. 
Subject to the requirements of Subsection B(1) and (2) below, any APPLICANT who performs, at its own expense, off-site improvements as defined by this chapter, shall be eligible for a credit toward the IMPACT FEE otherwise due in the amount of the lesser of i) the actual cost of such off-site improvements as approved by the Municipal Engineer or ii) the value plus contingency shown in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN used in calculating the IMPACT FEE discounted back to the year of construction proposed by the APPLICANT. Such credit shall not exceed the amount of the IMPACT FEE required to be paid by the APPLICANT for the NEW DEVELOPMENT.
(1) 
In order for a NEW DEVELOPMENT to be eligible for this credit, the APPLICANT must request approval to perform off-site improvements during the subdivision or land development preliminary approval process. The request must be in writing and must set forth the off-site improvement project(s) for which the APPLICANT is seeking credit. The Council, at the time of its preliminary PRD, TND or land development approval, shall approve or deny in whole or in part the APPLICANT's request. Where the request is approved in whole or in part, the APPLICANT must enter into an agreement with the Municipality prior to the issuance of any BUILDING PERMIT. The agreement must establish the estimated cost of the improvement and the schedule for initiation and completion of the improvement, guarantee that the improvement be completed to Municipality and Pennsylvania Department of Transportation standards and design criteria, and such other terms and conditions as deemed necessary by the Municipality. The Municipality must review the improvement plan, verify costs and time schedules, determine if the improvement is an eligible improvement and determine the amount of the applicable credit for such improvement to be applied to the otherwise applicable IMPACT FEE prior to issuance of any BUILDING PERMIT. In no event may the Municipality provide a credit that is greater than the applicable IMPACT FEE. If, however, the amount of the credit is calculated to be greater than the amount of the IMPACT FEE due, the APPLICANT may utilize such excess credit toward the IMPACT FEES imposed on other BUILDING PERMITS for development on the same site and in the same ownership.
(2) 
The Council may deny the APPLICANT's request in whole or in part if any of the following conditions exist:
(a) 
The failure to pay the IMPACT FEE would disrupt the orderly funding and construction of the scheduled improvements in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN;
(b) 
The IMPACT FEE is required to match state or federal funding; or
(c) 
The improvements proposed by the APPLICANT do not, in the opinion of the Municipal Traffic Engineer, mitigate the traffic impact of the NEW DEVELOPMENT.
C. 
The Municipality may provide a credit against IMPACT FEES for the value of any construction projects that are not contained in the adopted TRANSPORTATION CAPITAL IMPROVEMENTS PLAN which are performed at the APPLICANT's expense, if all of the following conditions are met:
(1) 
The APPLICANT has provided written consent to a credit of its collected IMPACT FEES for specific transportation projects which are not included in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN.
(2) 
The alternative transportation project, whether highway or multimodal, has as its purpose the reduction of traffic congestion or the removal of vehicle trips from the roadway network.
(3) 
The Municipality amends its TRANSPORTATION CAPITAL IMPROVEMENTS PLAN components required by Section 504-A(e)(1)(vi) of the Municipalities Planning Code, 53 P.S. § 10504-A(e)(1)(vi), to provide replacement of the credited IMPACT FEES transferred to transportation projects outside the approved TRANSPORTATION CAPITAL IMPROVEMENTS PLAN from sources other than IMPACT FEES or DEVELOPER contributions within three years of completion of the alternative projects to which the transferred fees were applied.

§ 135-16 Refunds.

A. 
The payor of the IMPACT FEE may apply for a refund of appropriate share of any such fee and any interest earned from the date of payment if:
(1) 
The Municipality has failed to commence any TRANSPORTATION SERVICE AREA road improvements within three years of the scheduled construction date set forth in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN.
(2) 
The NEW DEVELOPMENT for which IMPACT FEES were paid is not commenced prior to the expiration of a BUILDING PERMIT issued for the NEW DEVELOPMENT within the time limits established by applicable building codes, or the project for which a BUILDING PERMIT has been issued has been altered, resulting in a decrease in the amount of the IMPACT FEE due.
(3) 
If, upon completion of any road improvements project, the actual expenditures are less than 95% of the costs allocable to the fee paid within the TRANSPORTATION SERVICE AREA in which the road improvement was adopted, the municipality shall refund to the payer the pro rata difference between the budgeted costs and the actual expenditures, including interest from the date of payment.
(4) 
In the event that the Municipality terminates or completes an adopted capital improvements plan for a TRANSPORTATION SERVICE AREA and there remains at the time of termination or completion undispersed funds in the accounts established for that purpose, the Municipality shall provide written notice by certified mail to those persons who previously paid the fees which remain undispersed of the availability of said funds for refund of the person's proportionate share of the fund balance. The allocation of the refund shall be determined by generally accepted accounting practices. In the event that any of the funds remain unclaimed following one year after the notice, which shall be provided to the last known address provided by the payer of the fees to the Municipality, the Municipality shall be authorized to transfer any funds so remaining to any other fund in the Municipality without any further obligation to refund said funds.
B. 
The request for a refund must be submitted to the CHIEF ADMINISTRATOR in writing specifying the details and basis for the request for refund.

§ 135-17 Regulations.

A. 
The CHIEF ADMINISTRATOR may establish, amend, modify and revoke reasonable regulations and forms governing:
(1) 
The collection, payment, crediting and refund of IMPACT FEES;
(2) 
The content, timing and methodology of traffic studies, special traffic studies;
(3) 
The use of later published additions of the ITE Trip Generation manual;
(4) 
The treatment of any parcel that lies both within and outside a TRANSPORTATION SERVICE DISTRICT;
(5) 
Funds, subaccounts and the uses of proceeds and interest earned;
(6) 
The determination of the amount of trips previously attached to a developed property;
(7) 
Any other matter or procedure necessary for the orderly administration of the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN or IMPACT FEES.
B. 
No such regulation shall modify a substantive provision of this chapter. The initial CHIEF ADMINISTRATOR's regulations (Attachment E), 718-06,[1] are hereby approved by the Council. No amendment to these regulations shall be effective until reviewed by the IFA Committee and approved by the Council by resolution; provided, however, that a change authorizing the use of a newer version of the ITE Trip Generation Manual shall only require the approval by the CHIEF ADMINISTRATOR.
[1]
Editor's Note: See Ord. No. 718-06, which ordinance and the attachment are on file in the Municipality offices.
C. 
Any proposed amendment to the CHIEF ADMINISTRATOR's regulations shall be acted upon by the IFA Committee within 30 days after transmittal of the same to it by the CHIEF ADMINISTRATOR. Failure to so act shall be deemed a favorable recommendation to the Council.
D. 
These regulations shall not supersede or replace any other regulations found elsewhere in the Municipal Code. Where a conflict exists, the most stringent shall apply.

§ 135-18 Interpretation.

The words and phrases of this chapter are to be construed in accordance with the following rules:
A. 
Definitions.
(1) 
First, words and phrases are to be interpreted as defined by this chapter;
(2) 
Second, words and phrases that are not defined by this chapter are to be interpreted as defined in Sections 107 and 502-A of the Municipalities Planning Code (MPC), 53 P.S. §§ 10107 and 10502-A, as amended;
(3) 
Third, words and phrases that are not defined in this chapter or Sections 107 and 502-A of the MPC are to be interpreted as defined in the Municipality's Zoning, Land Development and Subdivision Ordinances;
(4) 
Fourth, words and phrases that are not defined in this chapter, Sections 107 and 502-A of the MPC, or in the Municipality's Zoning, Land Development and Subdivision Ordinances are to be given their common, ordinary dictionary meaning within the context of the sentence in which they are used.
B. 
Construction. The words, phrases and provisions of this chapter are not to be interpreted in a way the results in an absurd construction of the meaning or in a way that causes one provision to contradict another.
C. 
Words in capitals. The words in all CAPITALS are defined in this chapter or in the MPC.

§ 135-19 Liberal construction.

The provisions of this chapter shall be liberally construed to effectively carry out the purposes that are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.