[HISTORY: Adopted by the Board of Supervisors of the Township of North Whitehall as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-17-1998 by Ord. No. 1998-2; amended in its entirety 4-18-2007 by Ord. No. 2007-11]
[Amended 7-3-2023 by Ord. No. 2023-1]
A. 
Residential developments. A fee of $3,500 per residential lot or dwelling unit (whichever number is greater) that is part of an approved application shall be charged to the applicant or developer in lieu of the requirement for public dedication of land, in accordance with Chapter 375, Subdivision and Land Development, and pursuant to 53 P.S. § 10503.
B. 
Nonresidential developments. In the case of nonresidential land developments or subdivisions, $0.35 per total combined square foot of total floor area and impervious surface shall be charged to the applicant or developer in lieu of the requirement for public dedication of land, in accordance with Chapter 375, Subdivision and Land Development, and pursuant to 53 P.S. § 10503.
(1) 
For purposes of Subsection B, the total combined square footage of total floor area and impervious surface shall be calculated by adding: i) the total square feet of floor area and ii) the total square feet of impervious surface less any square footage already counted as floor area.
(2) 
As used herein, the term "total floor area" is as defined in § 440-30 of the North Whitehall Township Zoning Ordinance, as codified at Part II, Chapter 440, Article II, § 440-30, of the North Whitehall Township Code of Ordinances, titled "Definitions."
(3) 
As used herein, the term "impervious surface" is as defined in § 375-23 of the North Whitehall Township Subdivision and Land Development Ordinance, as codified at Part II, Chapter 375, Article II, § 375-23, of the North Whitehall Township Code of Ordinances, titled "Definitions."
All other ordinances or parts of ordinances in conflict herewith in whole or in part are hereby repealed, but only to the extent of such conflict.
In the event that any provision, section, sentence, clause, or other part of this article, or any application thereof, is held to be invalid by a court of competent jurisdiction, then such invalidity shall not affect or impair any other remaining provision, section, sentence, clause, or other part of this article, or any application thereof, it being the express intent of the Township that the remainder of this article and its applications shall be and shall remain in full force and effect as completely as if the part or parts or application held invalid had not been included herein.
The Township Secretary to the Board of Supervisors of North Whitehall Township shall certify to the adoption of this article and shall cause the same to be filed and/or published as required by law.