Township of Peters, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of Peters Township 8-11-2008 by Ord. No. 702 (Ch. 15, Part 5, of the 1981 Code of Ordinances)]
GENERAL REFERENCES
Fees — See Ch. 195.
Streets and sidewalks — See Ch. 376.
Subdivision and land development — See Ch. 385.
Vehicles and traffic — See Ch. 410.
Zoning — See Ch. 440.
This chapter shall be known as the "Peters Township Impact Fee Ordinance."
The purpose of this chapter is to establish the Peters Township 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 Peters Township Impact Fee Program shall be based upon the imposition of an impact fee payable to the Township 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 Township 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 Township 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: A Revised Transportation Capital Improvements Program was approved by the Township 9-24-2012 by Ord. No. 753. See LE-6, Plan Approval.
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 Township 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 construction of road improvements by the Township or by the Pennsylvania Department of Transportation ("PennDOT") utilizing funds allocated via the capital budget, capital improvements programs, gifts, grants and donations, formal and informal partnerships with 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 Township's Comprehensive Plan and is implemented via Chapter 385, Subdivision and Land Development, of the Peters Township Code of Ordinances, and the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 440, Zoning.
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 Township, state and federal governments, and developers.
G. 
The amount of the impact fee to be imposed has been calculated in accordance with the provisions of the MPC[2] and this chapter, applying the engineering standards set forth in Trip Generation, 7th Edition, 2003, Vols. 1 to 3, Institute of Transportation Engineers, and any amendments or future editions thereof.
[2]
Editor's Note: See the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
H. 
The Township 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 Township and its residents.
I. 
The maximum impact fee that could be levied in accordance with the provisions of the MPC[3] is $8,305 per trip in the Northern District and $6,599 in the Southern District. A calculation of the maximum allowable impact fee is attached hereto and made a part hereof as Attachment D.[4]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: Said attachment is on file in the Township offices.
J. 
The Council has set an impact fee at a level substantially below the maximum that the MPC would allow.
K. 
Flexibility in assigning impact fee revenue across eligible TCIP projects is imperative because the total fees collected will not be the maximum allowed by the MPC.[5]
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
L. 
The match requirements set by PennDOT may vary substantially from the assumptions made by the IFA Committee in recommending a proposed impact fee to the Council, and impact fees collected need to be available to advance TCIP projects when PennDOT and federal funds are available.
As used in this chapter, the words shall have the meanings set forth in Sections 107 and 502-A of the MPC[1] unless the context clearly indicates to the contrary. The following words and terms, not defined in the MPC or defined differently than in 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 Township 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.
COMPREHENSIVE PLAN
The overall policy guide for the physical man-made change to improved or unimproved real estate of Peters Township adopted by the Council as the Comprehensive Plan of Peters Township either as a whole or in parts, consisting of documents, maps, drawings and charts in accordance with the MPC[2] and as amended from time to time. The Peters Township Comprehensive Plan includes but is not limited to the Peters Township Comprehensive Plan adopted in March 2001 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,[3] and this article or the fee to be paid in accordance with § 241-6D after a special transportation study pursuant to § 241-10A(5).
MANAGER
The Manager of Peters Township appointed pursuant to Section 31.2-206 of the Peters Township Home Rule Charter, Pa. Code, Title 363, Part IV, Chapter 31.[4]
MUNICIPAL TRAFFIC ENGINEER
For the purpose of the Roadway Sufficiency Analysis and the Transportation Capital Improvement Program Trans Associates, Inc., and thereafter, shall mean 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 Township. 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.
[Amended 3-14-2016 by Ord. No. 794]
OCCUPANCY PERMIT
A permit for occupancy and use issued pursuant to the Zoning Ordinance[5] of the Township Code of Ordinances.
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 ("TCIP")
A plan adopted by the Council of the Township prior to the enactment of any impact fee ordinance for the purpose of identifying and planning for transportation capital improvements. The TCIP may be revised from time to time pursuant to the procedures set forth in the definition of "trip generation rates" hereof.
[Amended 5-14-2018 by Ord. No. 828; 11-23-2020 by Ord. No. 859]
TRANSPORTATION SERVICE AREA
Those two geographically defined areas of the Township which, pursuant to the Zoning Ordinance[6] and applicable district regulations, have 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 the map entitled "Traffic Service Area (TSA)" prepared by Trans Associates, Inc., and attached hereto and made a part hereof, Attachment E.[7] The two areas shall be known as the "Northern District" and the "Southern District."
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, 7th Edition, 2003, Vols. 1 to 3, 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 a ten-percent contingency and the cost of the Municipal Traffic Engineer's preparation of the Roadway Sufficiency Analysis within a 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, 7th Edition, 2003, Vols. 1 to 3, Institute of Transportation Engineers, and any amendments and future editions thereto.
[1]
Editor's Note: See 53 P.S. §§ 10107 and 10502-A.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See Article III, Township Manager, of the Charter in this Code of Peters Township.
[5]
Editor's Note: See Ch. 440, Zoning.
[6]
Editor's Note: See Ch. 440, Zoning.
[7]
Editor's Note: Said attachment is on file in the Township offices.
A. 
This chapter shall be uniformly applicable to all new development that occurs within the defined transportation service areas.
B. 
This chapter shall not apply to the Peters Township School District, or buildings associated therewith, or to Peters Township. The school district and the Township serve an overriding public interest, warranting an exemption from impact fees.
A. 
No building permit or occupancy permit subject to this chapter shall be issued for a development in a 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 phase 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 or occupancy permit would be issued for the same use.
D. 
In the event a special transportation study is performed pursuant to § 241-10A(5) and additional trips are being generated or would be at full occupancy, the developer shall pay the additional impact fee with 30 days of written notice from the manager 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 385, Subdivision and Land Development, and the planned residential development pursuant to the Zoning Ordinance.[1] The Council's right to conduct a special study pursuant to § 241-10A(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.
[1]
Editor's Note: See Ch. 440, Zoning.
A. 
There is hereby established an impact fee as follows:
[Amended 5-14-2018 by Ord. No. 828; 11-23-2020 by Ord. No. 859]
(1) 
Northern District: $1,525 per trip.
(2) 
Southern District: $1,525 per trip.
B. 
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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
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, 7th Edition, 2003, Vols. 1 to 3, Institute of Transportation Engineers, and any amendments or future editions thereof, or by a special transportation study pursuant to § 241-10. 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 appropriate transportation service area.
D. 
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.
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, 7th Edition, 2003, Vols. 1 to 3, Institute of Transportation Engineers, and any amendments or future editions thereof. This section is in addition to the impact fee calculated under this chapter.
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 Township. 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 Manager's regulations.
C. 
Mitigation. Applicants for new development that generate 1,000 or more new p.m. peak hour trips, less pass-by trips, shall 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 predevelopment conditions.
[Amended 5-14-2018 by Ord. No. 828]
The Township has defined two transportation service areas as shown on the Transportation Service Area Map (See Attachment E.[1]) in accordance with the provisions of the MPC.[2]
[1]
Editor's Note: Said attachment is on file in the Township offices.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Applicability of this section. The Manager 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 Township requests a special transportation study based upon unique conditions of the property or the property's sensitive location within a transportation service area;
(2) 
No "R" value or fitted curve equation is provided for the use in the most recent version of Trip Generation, 7th Edition, 2003, Vols. 1 to 3, Institute of Traffic Engineers;
(3) 
The use is not represented in any amendments or future editions of Trip Generation, 7th Edition, 2003, Vols. 1 to 3, Institute of Traffic Engineers.
(4) 
The developer may request a special transportation study to be completed. The request for the study must be submitted in writing to the Township Manager no sooner than six months after the issuance of the final occupancy permit for a use within the new development and no later than seven months after the issuance of the final occupancy permit for a use within the new development. The special transportation study will be conducted by the Township's Traffic Engineer and paid for by the developer. The study will commence no sooner than eight months after the issuance of the final occupancy permit for a use and no later than 20 months after the issuance of the final occupancy permit for a use.
[Amended 5-14-2018 by Ord. No. 828]
(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 area are not operating at the preferred levels of service.
B. 
Guidelines for conducting a special transportation study. Special transportation studies must be conducted in accordance with the Manager'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 § 241-10A(4) of this section must be in writing directed to the Manager 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.
A. 
Collection of impact fee. Impact fees due pursuant to this chapter shall be collected by the Township in the manner prescribed herein prior to issuance of a building permit.
B. 
Establishment and maintenance of accounts. The Manager 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 § 241-13. There may be a single account established for both transportation service areas; provided, however, the Manager shall keep separate accounts of funds and interest earned for each service area.
C. 
Maintenance of records. The Manager 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 areas.
D. 
Annual accounting. The Township 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 Township's annual audit. A copy will also be provided to the Impact Fee Advisory Committee.
E. 
Assignment of impact fee revenue to specific TCIP projects. Because the impact fee is not the maximum allowed by the MPC,[1] the Manager may charge against any individual TCIP project up to the full maximum allowed by the MPC; provided, however, the Manager shall readjust the impact fee portion of one or more other projects to reflect such increased impact fee amount to keep the impact fee revenue balanced and within the limits set forth in Attachment D.[2] No adjustment by the Manager shall increase the amount of the impact fee. All such adjustments shall be included in the annual accounting. The maximum impact fee amount for each TCIP project is attached hereto as Attachment D. No adjustment shall be deemed a change in the TCIP.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: Said attachment is on file in the Township offices.
F. 
Approval by Council. No adjustment made by the Manager pursuant to § 241-11E above shall take effect until approved by resolution of the Council.
A. 
Composition of the Impact Fee Advisory (IFA) Committee. Pursuant to the MPC, as amended, the IFA Committee shall consist of no fewer than seven and no more than 15 members. Membership on the IFA Committee of Peters Township is hereby designated as follows:
[Added 1-7-2019 by Ord. No. 838]
(1) 
All members of the Peters Township Planning Commission. Alternate members of the Planning Commission shall not serve on the IFA Committee, except in the absence of a member of the Planning Commission from a meeting of the IFA Committee. In such a situation, an alternate member of the Planning Commission shall assume the role of the absent member of the Planning Commission on the IFA Committee. Terms of membership on the IFA Committee shall coincide with terms on the Planning Commission.
(2) 
Three members of the real estate, commercial and residential development, and building industries. These three members may be either residents of the Township or conduct business within the Township. Terms of membership shall be three years. Initial terms will be of varying lengths to permit a permanent staggering of terms. Initial terms shall expire on:
(a) 
Member January 1, 2020.
(b) 
Member January 1, 2021.
(c) 
Member January 1, 2022.
B. 
Role of the IFA 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:
[Amended 1-7-2019 by Ord. No. 838[1]]
(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 Township;
(3) 
To monitor and evaluate the implementation of a capital improvements program and the assessment of impact fees and report annually to the Township with respect to the same;
(4) 
To advise the Township 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 this chapter and the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(6) 
To prepare or cause to be prepared a roadway sufficiency analysis in accordance with the requirements of this chapter and the MPC.
[1]
Editor's Note: This ordinance redesignated former Subsection A as Subsection B. Subsequently former Subsection B and C were redesignated as Subsections C and D, respectively.
C. 
Review of transportation capital improvements or impact fee charges. 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 fee charges based only on:
(1) 
Subsequent new development which has occurred in the Township;
(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 Township'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, 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.
D. 
Calculation of revised impact fees. In calculating a revised impact fee, the IFA Committee shall deduct from the number of anticipated peak hour trips generated by all new development the number of trips for which impact fees have already been paid or which have been imposed on approved land developments; provided, however, if a new or revised land use assumptions report has been adopted by the Council, the anticipated peak hour trips in such a new or revised land use assumptions report shall be used.
The Township 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 multi-modal, has as its purpose the reduction of traffic congestion or the removal of vehicle trips from the roadway network;
C. 
The Township amends its Transportation Capital Improvements Plan components required by § 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.
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 Township for the new development for development on the applicable site.
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 Township 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 actual construction if the applicant is proposing to construct a road improvement prior to the time the same is scheduled to be constructed in the TCIP. 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 Township.
B. 
Subject to the requirements of Subsections 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 the actual cost of such off-site improvements as approved by the Municipal Engineer or 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 Township prior to the issuance of any building permit. The agreement must establish the estimated cost of the improvement, the schedule for initiation and completion of the improvement, guarantee 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 Township. The Township 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 Township 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 Township 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 multi-modal, has as its purpose the reduction of traffic congestion or the removal of vehicle trips from the roadway network;
(3) 
The Township amends its Transportation Capital Improvements Plan components required by § 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.
A. 
The payer 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 Township has failed to commence any transportation service area road improvements for which impact fees are programmed to be used and the Manager has not reallocated such funds pursuant to § 241-11E hereof 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 all road improvements project the actual expenditures are less than 95% of the costs allocable to the maximum impact fee allowed pursuant to Attachment D[1] within the transportation service area in which the road improvements were programmed and constructed, the Township shall refund to the payer the pro rata difference between the budgeted costs and the actual expenditures, including interest from the date of payment.
[1]
Editor's Note: Said attachment is on file in the Township offices.
(4) 
In the event that the Township terminates or completes an adopted capital improvements plan for a transportation service area and there remains at the time of termination or completion undisbursed funds in the accounts established for that purpose, the Township shall provide written notice by certified mail to those persons who previously paid the fees which remain undisbursed 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 Township, the Township shall be authorized to transfer any funds so remaining to any other fund in the Township without any further obligation to refund said funds.
B. 
The request for a refund must be submitted to the Manager in writing specifying the details and basis for the request for refund.
A. 
The Manager may establish, amend, modify and revoke reasonable regulations and forms governing:
(1) 
The collection, payment, crediting and refund of impact fees; and
(2) 
The content, timing and methodology of traffic studies, special traffic studies; and
(3) 
The use of later published additions of the ITE Trip Generation manual; and
(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 Manager's regulations are attached hereto and made a part hereof as Attachment F[1] and are hereby approved by the Council. No amendment to these regulations shall be effective until approved by the Council by resolution.
[1]
Editor's Note: Said attachment is on file in the Township offices.
C. 
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.
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 Township's Zoning Ordinance[1] and Ch. 385, Subdivision and Land Development;
[1]
Editor's Note: See Ch. 440, Zoning,
(4) 
Fourth, words and phrases that are not defined in this chapter, Sections 107 and 502-A of the MPC, or in the Township's Zoning Ordinance[2] or Chapter 385, Subdivision and Land Development, are to be given their common, ordinary dictionary meaning within the context of the sentence in which they are used.
[2]
Editor's Note: See Ch. 440, Zoning,
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.
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.