[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)]
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.
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 $6,913 per trip in the Northern District and $6,002
in the Southern District. A calculation of the maximum allowable impact
fee is attached hereto and made a part hereof as Attachment D.[4]
[Amended 11-28-2022 by Ord. No. 880; 11-27-2023 by Ord. No. 896]
J.
The Council has set an impact fee at a level substantially below
the maximum that the MPC would allow.
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:
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:
The construction or alteration of a man-made object having a
stationary location on land or water;
The construction of an addition;
The demolition of or the movement of a man-made object having
a stationary location on land or water;
A change of occupancy or use;
The installation of or the alteration of any equipment regulated
by the Pennsylvania Uniform Construction Code.
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.
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.
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).
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]
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.
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]
A permit for occupancy and use issued pursuant to the Zoning
Ordinance[5] of the Township Code of Ordinances.
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.
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]
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."
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.
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.
[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.
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]
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.
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:
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;
(6)
To prepare or cause to be prepared a roadway sufficiency analysis
in accordance with the requirements of this chapter and the MPC.
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;
(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.
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.
