[Ord. 2011-03, 6/27/2011, § 22-703]
1. Responsibility for Improvements. Where the traffic impact study indicates that improvements are necessary or advisable to existing Township and/or state streets and/or intersections within the traffic impact study area in order (A) to assure adequate, safe and convenient access to each lot and/or structure and/or parking compound proposed as part of the development of the subject tract, (B) to accommodate the traffic due to the proposed development, (C) to provide for a level of service and delay for the design year, or years for phased projects, with the development that is at least equivalent to the projected level of service and delay for the design year(s) without the proposed subdivision or development, and/or (D) to preserve the existing convenience of access to or ability to exit from abutting lots that gain access from the existing street, the developer shall install all such indicated improvements. The developer shall install additional traffic lanes, traffic dividers, traffic control devices, traffic signals, and other measures as appropriate to ensure that the development of the subject tract does not adversely impact the existing street system and/or access to or the ability to exit from lots gaining access from an affected street. If the traffic impact study indicates that improvements shall be made to a state street, the developer shall also take all action necessary to obtain any PennDOT permits and/or approvals to install the necessary street widening and/or traffic signals or traffic control devices. If the traffic impact study recommends installation of traffic signals or traffic signal modifications, the developer shall prepare all studies and submit all necessary applications to enable the installation of the traffic signal or modifications and shall install the traffic signal or modifications at their cost and expense. If the traffic impact study indicates that traffic control devices or regulations, including, but not limited to, stop intersections, speed limit reductions, or parking prohibitions, are required, the developer shall prepare all studies necessary to justify imposition of such regulations in accordance with PennDOT regulations and shall pay all costs associated with the preparation and enactment of an ordinance to establish such regulations.
A. The developer shall bear all costs and expenses in connection with the improvements required by this subsection. If the developer requires the Township to submit any permit applications or requests for approvals in the name of the Township, the developer shall reimburse the Township for all costs and expenses incurred by the Township in connection with its review of the application and submission of the application to PennDOT or any other governmental agency.
B. When the Township determines that the required improvements are not feasible at the present time, the developer shall deposit funds with the Township in the amount of 110% of the cost of the improvements computed in accordance with the provisions of § 509 of the Municipalities Planning Code, 53 P.S. § 10509. Such funds shall be maintained by the Township in a general account to be used for traffic improvements. The developer may request a modification to reduce the amount of funds to be deposited with the Township under this provision. In order to warrant the granting of such modification, the developer shall make application to the Township in accordance with Part
9. The developer shall establish the particular circumstances, which are applicable to the development and shall demonstrate good cause for such modification. The Township Engineer shall make a recommendation to the Township Planning Commission and Board of Supervisors whether or not and to what extent such requested modification should be granted.
2. Coordination with Municipal Requirements. The applicant shall be responsible for other improvements as may be required by any municipal impact fee ordinance consistent with provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq.