[Ord. 2035, 12/9/2002, § 1700]
The Zoning Map is hereby amended by the addition thereto of the McKnight Road TD-1 District as shown on Exhibit "A" attached hereto and made a part thereof. In the event [the] Transportation Partnership Act Districts ("TPADs"), pursuant to Act 75 of 1986, 53 P.S. § 1621 et seq., are created within the Township, such district shall upon the effective date of their creation become TD-1 Districts under this Part.
Within the TD-1 District no permit required by this chapter, by way of example and not limitation, for use, development or occupancy; no PRD approval; or no subdivision or land development approval shall be issued without strict conformance to the provisions of the TD-1 District Regulations. Should any provisions of the TD-1 District conflict with a provision of the underlying district, that provision which restricts or limits development or use the most shall apply unless expressly indicated to the contrary herein.
Any application for a permit, PRD approval, or land development or subdivision approval, shall be accompanied by a certified copy of a traffic report ("report") prepared by a qualified traffic engineer which addresses the traffic impact of the development or change in use and which contains no less than the following:
A trip generation analysis showing the average weekday vehicle trip ends("AWVTE") which shall be generated by the development, expansion, or change in use.
Trip generation during the evening and morning weekday peak hours.
The traffic impact of the development, expansion or change in use upon the streets within the McKnight Road TD-1 District or TPAD district, as appropriate, in which the lot or property is located. The report shall, without limitation, include an analysis of the affect on road safety within the McKnight Road TD-1 District or TPAD District caused by the development, expansion or change in use.
An analysis showing that the development or change in use is consistent with the facilities, proposed in the study, whether built or planned, and the location of all rights-of-way required by the study on the lot or property which are to be dedicated as part of the approval process, provided however, if the Township Engineer determines that the facilities required by the study cannot be immediately constructed, the Township may accept, in lieu of dedication, a legally binding offer to dedicate the same in the future in a form approved by the Township Solicitor. Such agreement shall be in recordable form.
If the lot or property is located in a TPAD the following shall be in the report:
The assessment formula for the TPAD and the traffic capacity assigned to the lot or property.
An analysis of the remedial traffic work required in addition to that established under the TPAD multi-year program to eliminate the adverse impact of the development, expansion or change in use.
An analysis showing that: a) sufficient traffic capacity is assigned to the lot by the TPAD assessment formula to meet the demand created by the development, expansion or change in use or b) sufficient traffic capacity is available either from reserve units or from other lots or property within the TPAD which can be transferred pursuant to the approval of the Township.
All lot or property traffic impacts and a program for abating such impacts.
A program for constructing all study facilities located on the property or lot as part of the development or change in use, provided however, if the cost of such construction exceeds the cost associated with normal development on the lot or property the Township may require that only a portion of the improvements be construed to reduce such cost provided, however, all structures or improvements on the lot or property shall be located in such a fashion as to not foreclose future completion of the study facilities.
Any other reasonable components required by the Township Manager's regulations.
The report must use ITE trip generation methodology in analyzing traffic impact. The form, methodology and conclusions must be approved in writing by the Township Engineer or, at the Township Manager's option, may be referred to an outside traffic engineer for review and approval. The Zoning Officer may waive in writing the report requirements only for the following:
The construction of a single-family home on a preexisting lot.
A two lot subdivision involving residential property or adjusting lot lines where such adjustment is not for the purpose of development; provided, however, nothing herein shall permit the construction of multi-family housing without a report.
An expansion of an existing use on the same lot by less than 5% provided that all previous expansions from the date of this Part shall be aggregated with the proposed expansion provided further that the applicant demonstrates to the Zoning Officer that all rights-of-way required by the study or TPAD on the lot have been dedicated for public use.
The applicant demonstrates through an analysis by a qualified traffic engineer that the change in use to another use is substantially similar to the existing use in both:
No development, expansion, change in use within a TD-1 District shall be permitted which would increase traffic impact within the TPAD by more than the traffic capacity assigned to the lot notwithstanding the fact that the development, expansion or change in use would be permitted in the underlying district.
Where the study indicates or the Township Engineer or qualified traffic engineer determines that an off-lot adverse impact will be caused by the development, expansion or change in use which is not to be remedied by the study facilities or the TPAD Multi-Year Program, if any, the Township Manager shall refer the report to the Township Engineer for an analysis and recommendation. Where both (i) the Township Engineer determines that the appropriate TPAD Multi-Year Program is legally and finally amended, the applicant shall be deemed to have complied with the terms of this section. Where all adverse impacts are not remedied, the Township shall require the applicant, pursuant to the procedures established for land development approval in the Subdivision and Land Development Ordinance, [Chapter 22], to make such off site traffic improvements as are necessary to eliminate the adverse impact. Where the Township in its sole discretion determines that the improvements will remedy existing deficiencies or create additional lane capacity beyond that which would be used by the applicant it shall require that only a portion of the work program be done or in lieu thereof establish a reduced cost that must be paid by the applicant to the Township or any authority created or empowered by the Township to establish TPAD. Such reduction shall be based upon a fair share analysis using the benefit formula established in the TPAD.
The Township Manager is hereby authorized and directed to issue rules, regulations and forms governing applications, fees, reports and administration of TD-1 Districts. Any such rules, regulations, and forms shall not be effective until approved by resolution of the Township Commissioners. The initial Township Manager's regulations are attached hereto and made a part hereof as Exhibit "C" and are hereby approved.
Editor's Note: Exhibit C, the "initial Township Manager's regulations," are on display in the Zoning and Building Department of the Township.
Where the study or a TPAD Multi-year Program requires an expansion of rights-of-way, new rights-of-way or relocation of rights-of-way, the study or the Multi-year Program for that TPAD shall be deemed an amendment to the Official Map and Township Comprehensive Plan. A partial Official Map for the Township in the McKnight Road TD-1 District is attached hereto and made a part hereof as Exhibit "B." No development or improvement of any type shall be permitted in any rights-of-way shown in the study or on the Multi-year Program. Except as provided in Subsection 1B(3)(d) above no permit, PRD approval, land development approval or subdivision approval shall be given until any such rights-of-way, the demand for which is created by the development on the lot or property, are dedicated to the Township or the appropriate Township, county or state agency as determined by the Township.
Editor's Note: The "partial Official Map for the Township in the McKnight Road TD-1 District," Exhibit B, is on display in the Zoning and Building Department of the Township.
Where any study or TPAD facility is located on a lot or property, the right-of-way or proposed right-of-way lines shall be treated as lot lines and the setback requirements of this Part shall be met, provided however, the Township may reduce set back requirements upon the applicant's written request upon cause shown as part of the applicant's land development or subdivision approval.
Where any right-of-way within or abutting a lot seeking development or use change approval have been dedicated at no cost by an applicant or his predecessor in title pursuant to Subsection 1H above in excess of that required by the Township's land use ordinances, the following development bonuses shall apply to the property or lot:
The set back requirements from the lot line abutting the dedicated right-of-way shall be reduced one foot for every two feet of dedicated right-of-way as measured from the center line of the right-of-way, provided that such dedicated right-of-way exceeds 12 feet; provided, however, the minimum set back shall not be less than 25% of the setback required in the underlying district.
In the case of existing development not involving the expansion of new gross square footage by more than 5%, where the dedication of right-of-way or the construction of study or TPAD facilities would remove required landscaping, buffer areas, parking or the like such removal shall be deemed an automatic reduction in the underlying district requirements and the lot or property shall not be deemed nonconforming on account thereof; provided, however, the full parking requirements for any additional gross square footage must be met. None of these bonuses shall apply to any property or portion thereof where eminent domain proceedings were or are required or instituted by the Township or the appropriate governmental authority to acquire rights-of-ways for any project in the study or TPAD Multi-year Program.
All costs for the review of the report, study or multi-year plan modifications shall be paid for by the applicant prior to the receipt of any permit or approval. The municipal manager's regulations shall establish how these fees shall be administered, charged, and collected. All other fees and costs shall be those established by the underlying district requirements. Any fee disputes shall be resolved in accordance with the provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq.
Editor's Note: Exhibit A, showing the addition to the Zoning Map of the McKnight Road TD-1 District, is on display in the Zoning and Building Department of the Township.