Township of Whitehall, PA Article X Impact Regulations

§ 22-37 Recreation; fee.

[Amended 12-13-2004 by Ord. No. 2520; 10-13-2025 by Ord. No. 3407]

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,[1] 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 1,398 square feet per dwelling unit or a flat fee of $4,200 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.

[1] Editor's Note: See 53 P.S. § 10503(11).

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.

§ 22-38 Traffic.

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]

(11) The time, method and procedure for payment of impact fees shall be consistent with the Act and any amendments thereto and are set forth in Subsections J and Q.

(12) The procedure for credits against or refunds of impact fees shall be consistent with the Act and any amendments thereto and are set forth in Subsections R and S.

(13) Exemptions, if any, shall be at the discretion of the Board of Commissioners and such exemptions as the Board shall choose to enact shall be consistent with the Act and any amendments thereto and are set forth in § 22-45 hereof.

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) Additional definitions.

[Added 1-12-2004 by Ord. No. 2452]

DIVERTED LINK TRIPS

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.

NON PASS-BY TRIPS

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).

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.

PRIMARY (DESTINATION) TRIPS

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.

W. Liberal construction. The provisions of this § 22-38 shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety and welfare and convenience.