[Amended 12-13-2004 by Ord. No. 2520]
A.
Open space, community, recreation and public area
dedication standards and fees. As a condition precedent to approval
of a final plan of a residential subdivision or land development which
includes proposed residential units, the developer shall either: (1)
provide public dedication of land suitable for (a) recreational uses
or (b) the construction of recreational facilities, or, in the alternative,
upon agreement with the Township, (2) provide payment of recreational
fees in lieu thereof as set forth herein or as set forth in any subsequent
Township fee schedule ordinance.
B.
Park, open space and recreation plan. Whitehall Township
formally adopts the Comprehensive Plan of Whitehall Township, and
the Park, Open Space and Recreation Plan for Whitehall Township, as
amended from time to time.
C.
Park planning standards and criteria. In planning
and locating a park within a subdivision or land development the following
general standards and criteria shall apply:
(1)
In accordance with § 503(11) of the MPC
Code, and the Township's formally adopted Park, Open Space and Recreation
Plan, all land designated for park and recreational facilities within
a subdivision or land development shall be suited for its intended
purpose.
(2)
All proposed block parks and neighborhood parks and
playgrounds shall be located in accordance with the Township's Park
and Recreation Plan, and, at a minimum, shall have the following:
(a)
Well-drained soils free of wetlands, floodplains
and hydric soils;
(b)
A slope of 5% or less;
(c)
A minimum street frontage of 100 feet for block
parks and 250 feet for neighborhood parks and playgrounds;
(d)
Adequate visibility from public or private streets,
or from public areas as necessary to promote a safe environment within
the park;
(e)
Block parks shall be located on local streets
only;
(f)
To the greatest extent practicable, be located
adjacent to or connected with the Township's system of footpaths,
parks, public lands, bikeways or trails as indicated in the Township's
Park, Open Space and Recreation Plan; and
(g)
Have an established lawn prior to acceptance
by the Township.
D.
Park and recreation contributions. In order to further
the principles and standards established in the Township's Park, Open
Space and Recreation Plan, as amended, as herein incorporated by reference
in accordance with § 503(11) of the MPC, Act 247 as amended,
the following requirements shall apply to all new residential subdivisions
and land developments within the Township unless otherwise specified
herein:
(1)
Fair-share contribution: A fair-share contribution
towards the continuation of the current level of park and recreational
service within the Township shall be required of all residential subdivision
and land development projects in the amount of 1,107 square feet per
dwelling unit or a flat fee of $2,000 per dwelling unit, as the case
may be. In the event that a dedication of land is involved, such deed
of dedication shall be filed with the Township and held until the
improvements to be constructed thereon, if any, are completed and
then the Township will accept this dedication. In the event that a
monetary contribution is made in lieu of a dedication of land, said
contribution shall be paid in the following manner:
(a)
Developments consisting of up to and including
five building lots, the fee must be paid prior to recording the final
plan with the Lehigh County Recorder of Deeds Office.
(b)
Developments of more than five building lots
will be required to pay 50% of the fee prior to recording the final
plan with the Lehigh County Recorder of Deeds Office, and subsequently
pay the remaining 50% within 180 days of the recording of the final
plan with the Lehigh County Recorder of Deeds Office, or prior to
the issuance of any certificates of occupancy for any structure within
the development, whichever first occurs. This remaining 50% shall
be secured in the form of a letter of credit or other acceptable security
to the Township in order for any building permits to be issued.
(2)
Method of contribution: The preferred method of allocation
of the fair-share contribution should be in accordance with the findings,
standards and principles contained in the Park Planning Guide section
of the Township's Park, Open Space and Recreation Plan, as amended
from time to time.
(3)
Use of collected park and recreation funds: In accordance
with § 503(11) of the MPC, all funds collected for use in
the Township's Park and Recreation System shall be deposited into
an interest bearing Park and Recreation Trust Fund. Interest earned
on said account shall become funds of that account and said funds
shall be expended by the Township within three years of their collection
for the capital improvements, including but not necessarily limited
to the development, improvement, or construction of park and/or recreational
facilities for which the funds were collected.
E.
Exemptions. Subdivisions of land which involve parcels
upon which an existing, occupied residential structure is to remain
may be entitled to an exemption of the required recreation fee payment
for the existing, developed lot. No vacant lots which are divided
into more than one parcel shall be eligible for such an exemption.
F.
Administrative procedures. In processing a fair-share
contribution, the following procedures shall apply:
(1)
All park land dedication shall be in accordance with all Township requirements relating to public land dedications. See § 22-37C.
(2)
For the payment of a fee in lieu of land dedication, the fee shall be payable as set forth in § 22-37D(1)(b) hereof.
(3)
Where the Township has established target areas or
zones for park land, the lands to be dedicated should be configured
to fall within these zones. If no target park areas are designated
for a parcel, dedicated recreation land should adjoin neighboring
footpaths, bike ways, public trails or other public lands.
(4)
Where lands are identified for dedication, recommendations
for the location and improvement thereof from the Whitehall Township
Recreation Commission shall be applied by the Planning Commission
in the review of said subdivision or land development plan.
A.
Short title. The traffic regulations set forth in this § 22-38 shall be known and may be cited as the "Whitehall Township Traffic Impact Fee Ordinance."
B.
Applicability. The provisions of the Whitehall Township
Impact Fee Ordinance are applicable to all subdivisions and land developments
submitted to the Township for approval; provided that, however, the
lot, parcel, tract or area of land subject to the subdivision or land
development is located within a traffic impact zone (as hereinafter
defined).
C.
Purpose. The purpose of the Whitehall Township Traffic
Impact Fee Ordinance is to establish an impact fee program to ensure
that the transportation system situate within the Township and servicing
its residents and the general public is and continues to be available
and adequate to support new growth and development. To advance this
objective, there is hereby created an impact fee as hereinafter calculated
which shall be payable to the Township at the time of and as a condition
precedent to building permit issuance.
D.
General findings and conditions. The Board of Commissioners
hereby finds and declares that:
(1)
The conditions and standards for the determination
and imposition of the impact fee set forth herein are consistent with
and comply with those set forth in the Act of December 19, 1990, P.L.
1343, No. 209, § 1, 53 P.S. § 10501-A et seq.,
and any and all amendments thereto (hereafter the "Act"), and consist
of:
(a)
The analysis, advice and recommendations of
the Whitehall Township Capital Improvements (Impact) Fee Advisory
Committee.
(b)
The Whitehall Township Land Use Assumptions
Report adopted by Res. 1637, 12/14/1992.
(c)
The Whitehall Township Roadway Sufficiency Analysis,
adopted by Res. 1694, 9/13/1993.
(d)
The Transportation Capital Improvements Plan,
adopted by Res. 1695, 9/13/1993.
(e)
Such other conditions and standards as the Board
of Commissioners may by resolution or otherwise identify from time
to time as being relevant and material to the imposition of an impact
fee and consistent with the provisions of the act and any amendments
thereto.
(2)
The Township has experienced considerable sustained
growth in the form of residential, commercial and industrial development
in recent years.
(3)
The Township continues to experience significant demands
in the nature of subdivision and land development plan submissions
and review requests and it is therefore, anticipated that such development
will continue.
(4)
The level of such future development will create a
substantial and sustained adverse impact upon the transportation facilities,
roads, streets, bridges and traffic control devices within certain
areas of the Township driving them below service Level "D."
(5)
Successful adherence to this charge by the Board of
Commissioners will entail a substantial cost directly attributable
to and almost solely a consequence of the impact of new development.
(6)
The Commonwealth of Pennsylvania has empowered the
Board of Commissioners to impose all or a portion of any cost for
transportation facilities improvement upon new development and has
delegated such authority unto the Township pursuant to the Act of
December 19, 1990, P.L. 1343, No. 209, § 1, 53 P.S. § 10501-A
et seq.
(7)
The amount of the fee (hereinafter "impact fee") to
be imposed has been determined by establishing the cost of additional
transportation improvements necessary to meet the minimum safety and
capacity standards, which public facilities have been identified in
the Whitehall Township capital improvement plan, taking into consideration
the anticipated and projected growth and development in the Whitehall
Township transportation service areas.
(8)
An "impact fee" shall be established and imposed upon
residential and nonresidential subdivision and land development and
construction to provide for or assist in financing specified transportation
capacity capital improvements in transportation service areas Number
1 and Number 2, the demand for which is uniquely attributable to and
created by such development, and is in the best interest of the Township,
its residents, and property owners is equitable, and does not impose
an unfair burden on such development.
(9)
The Board of Commissioners is charged with the responsibility
and obligation to keep roads open, in repair and usable for the safe
and convenient travel by the public.
(10)
The collection, disbursement and accounting
of impact fees shall be administered by the office of the Mayor, subject
to supervision, review, oversight and control by the Board of Commissioners.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
E.
Definitions.
(1)
The terms and definitions set forth in 53 P.S. § 10502-A
of the Act are hereby adopted and incorporated, as though more fully
set forth in this chapter by reference.
(2)
DIVERTED LINK TRIPS
NON PASS-BY TRIPS
PASS-BY TRIPS
PRIMARY (DESTINATION) TRIPS
Additional definitions.
[Added 1-12-2004 by Ord. No. 2452]
Trips attracted from the traffic volume on roadways within
the vicinity of the generator but which require a diversion from that
roadway to another roadway to gain access to the site. These roadways
could include streets or freeways adjacent to the generator but without
access to the generator.
The total of the primary trips and the diverted link trips.
This term is used when diverted link trips are not quantified, but
pass-by trips are quantified (i.e., the non pass-by trips are equal
to the total trips minus the pass-by trips).
Trips made as intermediate stops on the way from an origin
to a primary trip destination. Pass-by trips are attracted from traffic
passing the site on an adjacent street which contains direct access
to the generator. These trips do not require a diversion from another
roadway.
Trips made for the specific purpose of visiting the generator.
The stop at that generator is the primary reason for the trip. For
example, a home-to-shopping-to-home combination of trips is a primary
trip set.
F.
Imposition. There is hereby enacted an impact fee
to be imposed upon any subdivision, land development or construction
for the purpose of off-site transportation capital improvements as
may be authorized by the Act and as described in the Transportation
Capital Improvement Plan adopted by the Board of Commissioners. Said
impact fee shall apply to all subdivisions, developments and construction
within the transportation service area identified herein and shall
be a condition precedent to final approval of a land development plan,
a subdivision plan or issuance of a building permit or use and occupancy
permit as may be necessary.
G.
Uses. Impact fees collected pursuant to this chapter
shall be expended for such costs, fees and expenses as may be incurred
for improvements attributable to subdivision, land development and
construction within the transportation service area and designated
in the Transportation Capital Improvements Plan adopted by the Board
of Commissioners in a resolution. Additionally, such fees may be used
for the acquisition of land and rights-of-way, engineering, legal
and planning costs, and all other costs, including debt service related
to road improvements within the designated service area and including
such proportionate amount of the roadway sufficiency analysis as is
allowed under the provisions of the Act.
H.
Documents adopted by the Board of Commissioners. The
following documents, previously adopted by the Board of Commissioners,
are hereby incorporated by reference in this chapter:
(1)
Recommendations of the Whitehall Township Capital
Improvements (Impact) Fee Advisory Committee.
(2)
Land Use Assumptions Report as adopted by Township
Res. 1637, 12/14/1992, as may be amended from time to time.
(3)
Roadway Sufficiency Analysis as adopted by Township
Res. 1694, 9/13/1993, as may be amended from time to time.
(4)
The Transportation Capital Improvements Plan as adopted
by Township Res. 1695, 9/13/1993, as may be amended from time to time.
(5)
The Impact Fee Schedule as set forth in Township Ord.
1853, 9/13/1993 as may be amended from time to time.[1]
[1]
Editor's Note: Ordinance No. 2749, adopted
12-8-2008, provided that the impact fee be as set forth in Addendum
C. Addendum C and any amendments thereto are on file in the Township
offices.
(6)
Designation of transportation districts as set forth in the transportation service area map identified as transportation service areas and incorporated herein as though more fully depicted herein by reference (Appendix C[2]).
[2]
Editor's Note: Appendix C is on file in the Township offices.
(7)
Addendum C, dated September 18, 2006, and as recommended
approved by the Whitehall Township Traffic Impact Advisory Committee
on September 14, 2006, amending the Township's Traffic Impact Regulations,
the Capital Improvements Plan and the Land Use Assumptions Report.[3]
[Added 11-13-2006 by Ord. No. 2653]
[3]
Editor's Note: Said Addendum C and any amendments
thereto are on file in the Township offices.
I.
Special traffic studies.
(1)
Where necessary and intended to assist in determining
the appropriate amount of traffic impact fees, the Township at the
discretion of the Board of Commissioners may require the preparation
of special transportation studies to determine the traffic generation
or circulation patterns in new nonresidential developments; provided,
however, that studies may be waived as part of the planning procedure
where the proposed development will not require deviation from the
land use assumptions approved by the Township as the basis of the
program. Any such studies required by the Township shall be submitted
prior to the imposition of the impact fee and shall be considered
in the determination of the fee. In addition, a developer or the Township
may, at any time, voluntarily prepare and submit a traffic study for
a proposed development or may have such a study prepared at its expense
after the development is completed to include actual trips generated
by the development for use in any appeal as provided for in the Act
or under this section. The special transportation study shall be prepared
by a qualified traffic or transportation engineer using procedures
and methods acceptable to the Township. Where a development is proposed
which will generate 1,000 or more new peak p.m. hour trips, net of
pass-by trips as defined by the current edition of the Institute of
Traffic Engineers Trip Generation Manual, the applicant may be required
to perform a traffic analysis of development traffic impact on abutting
roadways as well as highways, roads or streets outside the transportation
service area, but within the boundaries of the Township. Any such
highways, roads or streets or parts thereof outside the transportation
service area which will accommodate 10% or more of development traffic
and 100 or more new peak hour trips may be required to be studied,
and the applicant shall mitigate the traffic impacts of the development
on such highways, roads and streets to maintain the predevelopment
conditions after completion of the development.
[Amended 1-14-2002 by Ord. No. 2352]
(2)
Follow-up studies. For purposes of more accurately
determining the trip generation rate that a proposed use will have,
the Township will allow for the developer to pay up front the assessed
impact fee with an agreement to further study the use once it is in
operation. This is considered a follow-up study. This follow-up study
could result in either an increase or reduction in the amount of the
fees paid. Such a study will be required to be conducted with the
oversight of the Township Engineer, and shall have the following requirements:
[Added 1-12-2004 by Ord. No. 2452]
(a)
The study must be performed at least six months
after but within one year of the opening of the facility and shall
not be conducted between November 15 and January 15 to avoid the seasonal
traffic peaks.
(b)
The study must collect traffic data for a minimum
of three weekday peak hour periods.
(c)
The study will include a questionnaire approved
by the Township Engineer which clearly will identify the trip purpose,
whether it is a primary trip, diverted link trip, or a pass-by trip.
(d)
The study will clearly designate who will collect
and oversee the collection of data. This aspect of the study must
be approved by the Township Engineer.
J.
Applicability of impact fee. This chapter shall, except
to the extent provided herein, be uniformly applicable to all subdivision,
development and construction that occurs within the designated transportation
service area.
K.
Imposition of impact fee. No building permit or use
and occupancy permit shall be issued for a development or construction
in a designated transportation service area, as herein defined, unless
the applicant therefor has paid the impact fee imposed by and calculated
pursuant to this chapter.
L.
Exemptions, waivers. Exemptions or waivers, if any, shall be determined at the sole discretion of the Board of Commissioners consistent with the terms of the Act and this chapter. This impact fee ordinance is intended to apply to all growth and development in Whitehall Township after September 15, 1993. In the event that there is an unanticipated hardship not of the developer's own making as a result of the enactment of this chapter, which results in a manifest injustice, the developer may request a waiver in writing pursuant to the procedures set forth in § 22-45 hereof. All such requests shall first be presented to the Board of Commissioners. If the Board deems the request to be of merit, the request shall be submitted to the Whitehall Township Traffic Impact Advisory Committee for review and recommendation.
[Amended 1-14-2002 by Ord. No. 2352]
M.
Calculation of impact fees.
(1)
The impact fee for transportation capital improvements
shall be based upon the total costs of the road improvements included
in the adopted Transportation Capital Improvements Plan within a given
transportation service area attributable to and necessitated by a
subdivision development or construction within the service area as
defined, divided by the number of anticipated peak-hour trips generated
by the subdivision development or construction consistent with the
adopted land use assumptions and calculated in accordance with the
Trip Generation Manual published by the Institute of Transportation
Engineers, 4th or subsequent editions, which is hereby adopted as
though more fully set forth herein at length by the Township, to equal
a per-trip cost for transportation improvements within the service
area.
(2)
The specific impact fee for a subdivision, development or construction within the service area for road improvements shall be determined, as of the land development plan filing date (See § 22-8), by multiplying the per trip cost established for the service area by the estimated number of trips to be generated by the subdivision, development or construction using generally accepted traffic, engineering standards.
(3)
The Board of Commissioners may at its discretion,
authorize or require the preparation of a transportation study to
determine traffic generation or circulation for a nonresidential development
or construction to assist in the determination of the amount of the
fee of such subdivision, development or construction.
(4)
The Board of Commissioners may periodically, but no
more frequently than annually, request that the Impact Fee Advisory
Committee review the Capital Improvements Plan and impact fee charges
and make recommendations for revisions for subsequent consideration
and adoption by the Board, based only upon the following:
[Amended 1-14-2002 by Ord. No. 2352]
(a)
New subsequent development which has occurred
in the Township.
(b)
Capital improvements contained in the Capital
Improvements Plan, the construction of which has been completed.
(c)
Unavoidable delays beyond the responsibility
or control of the Township in the construction in the construction
of capital improvements contained in the plan.
(d)
Significant changes in the land use assumptions.
(e)
Changes in the estimated costs of the proposed
transportation capital improvements, which may be recalculated by
applying the construction cost index as published in the American
City/County Magazine or the Engineering News Record.
(f)
Significant changes in the projected revenue
from all sources listed needed for the construction of the transportation
capital improvements.
[Amended 1-14-2002 by Ord. No. 2352]
N.
Establishment of transportation service areas. The transportation service areas are established as shown on the Transportation Service Area Map (attached hereto as part of Appendix C[4] and incorporated herein by reference).
[4]
Editor's Note: Appendix C is included at the end of this chapter.
O.
Additional transportation service areas. Additional
transportation service areas or designation of transportation service
areas may be designated by the Board of Commissioners from time to
time consistent with the procedure set forth in the Act and this chapter
and in consideration of the following factors:
(1)
The comprehensive plan, as the same may be amended,
restated or replaced from time to time.
(2)
Any standards for adequate public facilities in this
impact fee program.
(3)
The projected build-out and timing of subdivision,
development and construction within the transportation service area.
(4)
The need for the cost of unprogrammed transportation
improvements as may be determined necessary by special traffic studies
or changed physical condition which support projected subdivision,
development and construction.
(5)
Such other factors as the Board of Commissioners may
deem relevant. Fees collected from development in the transportation
service area will be used exclusively to fund transportation improvement
projects scheduled for that district.
P.
Nonbinding impact fee estimate. Prior to making an
application for a building permit or use and occupancy permit, a developer
may request a nonbinding impact fee estimate from the Township, which
will be based upon the maximum development potential of the site pursuant
to existing zoning regulations, unless the developer specifies and
documents a lesser use or development within said zoning regulations.
Q.
Method of payment. Payment of the transportation capital
improvements impact fee shall be made by the traffic generator prior
to and as a precondition for the issuance of a building permit or
use and occupancy permit by the Township for development or construction
on the applicable site.
R.
Administration of impact fee.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(1)
Upon receipt of impact fees, the Mayor shall be responsible
for the separate and proper accounting such fees. All such fees shall
be deposited in an interest bearing account identified relative to
the transportation service area in a bank authorized to receive deposits
of the Township funds. Interest earned by such account shall be credited
to the account and shall be used solely for the purpose specified
for funds of such account.
(2)
The Mayor shall establish appropriate fund accounts
and shall maintain records whereby impact fees collected can be segregated
for each transportation service area.
(3)
The Mayor shall maintain and keep adequate financial
records for such accounts as will show the source and disbursement
of all revenues, which shall account for all monies received, and
which shall ensure that the disbursement of the funds from each account
shall be used solely and exclusively for the provision of projects
specified in this impact fee program for the particular transportation
service area.
S.
Credit. Any developer who shall perform, at such developer's
own expense and with the consent and agreement of the Board of Commissioners
(which shall be within the sole discretion of the Board), off-site
traffic improvements, as herein defined, shall be eligible for a credit
from the impact fee otherwise due in the amount of the actual cost
of such off-site traffic improvements as approved by the Township
Engineer. Such credit shall not exceed the amount of the impact fee.
Credits are subject to the following:
(1)
Prior to the developer making such improvements, the
developer must enter into a written agreement with the Board of Commissioners
and post improvements security therefor. The agreement must establish
the estimated cost of the improvement, the schedule of initiation
and completion of the improvement, the financial security for the
said improvement, a requirement that the improvement be completed
to Township and Pennsylvania Department of Transportation standards
and design criteria and such other terms and conditions as deemed
necessary by the Board of Commissioners. The Board of Commissioners
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 or use and occupancy permit. In no event shall the Board of
Commissioners provide a credit which is greater than the applicable
impact fee.
(2)
A developer shall be entitled to credit against impact
fees in an amount equal to the agreed upon fair market value of land
dedicated by the developer and accepted by the Township (in its sole
and absolute discretion) for future off-site right-of-way, realignment
or widening of existing roadways.
(3)
A developer shall be entitled to credit against impact
fees an amount equal to the value of any road improvement construction
which is contained in the Transportation Capital Improvements Plan
and which was performed at the developer's expense and with the consent
and approval of the Board of Commissioners.
(4)
Notwithstanding any other provisions of these regulations,
the Township may expend impact fees paid by an applicant on projects
not contained in the adopted Transportation Capital Improvements Plan,
or may provide credit against fees for the value of any construction
projects not contained in the Transportation Capital Improvements
Plan which are performed at the applicant's expense, if all of the
following criteria are met:
[Amended 1-14-2002 by Ord. No. 2352]
(a)
The applicant has provided written consent to
use of its collected impact fees, or the provision of such credit
against the applicant's impact fees, for specific transportation projects
which are not included in the Transportation Capital Improvements
Plan.
(b)
The alternative transportation projects, whether
highway or multimodal, have as their purpose the reduction of traffic
congestion or the removal of vehicle trips from the roadway network.
(c)
The Township amends the Capital Improvement
Plan 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 or for which credit
was provided.
[Amended 1-14-2002 by Ord. No. 2352]
(5)
Pass-by credit. When forecasted trips based on the
trip generations rates or equations are distributed to the adjacent
streets, some reduction is made to account for those trips already
there which will be attracted to the proposed development. Pass-by
rates are to be determined from the Institute of Transportation Engineers
Manual Trip Generation or from other sources approved by the Township
Engineer and Township Traffic Consultant.
[Added 1-12-2004 by Ord. No. 2452]
(6)
Existing use credit. If the development of a site
results in the removal of an existing use, a credit may be given for
the trips eliminated from the site. The credit amount shall be based
upon the last use of the building and shall extend no more than three
years from the date that the last use terminated for a vacant structure.
The credit amount shall be determined by the Township Engineer and
Township Traffic Consultant by utilizing industry accepted methods,
studies, and the Institute of Transportation Engineers (ITE) Trip
Generation Manual as well as documentation of any fees previously
paid or improvements constructed as a result of the previous development.
[Added 1-12-2004 by Ord. No. 2452]
T.
Refunds. Impact fees collected pursuant to this chapter
shall be refunded, together with interest earned thereon, to the payor
of the fees under the following circumstances:
(1)
In the event the Township completes or terminates
the Transportation Capital Improvements Plan without adoption of a
new or amended Transportation Capital Improvement Plan and there remain
undisbursed funds, the respective payors shall be entitled to a share
of the fund balance in the same portion as the payor's impact fee
payment plus interest earned bears to the total impact fees collected
plus interest.
(2)
In the event any road improvement project within the
transportation service area not the subject of additional improvement
plans is completed at a cost to the Township less than 95% of the
budgeted cost of the road project, the Township shall refund an amount
equal to the excess budgeted cost over actual cost to the payors,
pro rata, plus accumulated interest at the same pro rata value.
(3)
In the event that the Township fails to commence construction
within three years of the scheduled construction date of the project
as set forth in the Transportation Capital Improvements Plan, without
revision of said plan and construction date, the Township shall refund
the portion of the fee paid by any payor making written request therefor,
with accumulated interest, provided no refund shall be paid with respect
to any project annually begun prior to the receipt of such refund
request even if said initiation date shall be more than three years
beyond the scheduled construction date.
(4)
With respect to refunds arising out of Subsection T(1), (2) and (3) hereof, any funds unclaimed within one year after notice as required by law shall be transferred to the general fund account of the Township, and the payor's entitlement to said refund shall lapse. It is the responsibility of the payor to provide the Township with payor's current address at all times.
U.
Effect of impact fee on zoning and subdivision regulations.
This chapter shall not affect, in any manner, the permissible use
of property, density of development, previously adopted design and
improvement standards and requirements or any other aspect of the
development of land or provision of public improvements which remain
subject to applicable zoning and subdivision regulations of the Township,
which shall continue to be operative and remain in full force and
effect without limitation with respect to all such development.
V.
Impact fee as additional and supplemental requirement.
The impact fee is additional and supplemental to, and not in substitution
of, any other requirements imposed by the Township on the development
of land or the issuance of building permits or use and occupancy permits.
Nothing herein contained shall be deemed to alter or affect the Township's
existing ordinances and regulations regarding on-site improvements.
In no event shall a property owner be obligated to pay for transportation
capital improvements in an amount in excess of the amount calculated
pursuant to this chapter; provided, however, that a property owner
may be required to pay, pursuant to the Township ordinances, regulations
or policies for other public facilities, fees or charges in addition
to the impact fee as provided.
