This chapter shall be known as the "East Brandywine
Township Transportation Impact Fee Ordinance."
The purpose of this chapter is to establish
a transportation improvements impact fee in compliance with Article
V-A of the Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, as amended by Act of December 19, 1990, No. 209,
53 P.S. § 10501-A et seq. ("Act 209"). The purpose of the
impact fee, which is payable to the Township at the building permit
issuance, is to provide funds necessary to make transportation capital
improvements to support existing volumes of traffic and traffic projected
to be generated by new growth and development in the Township.
Adoption and incorporation by reference of the
Roadway Sufficiency Analysis and Transportation Capital Improvements
Plan is attached hereto.
A single transportation service area is hereby
established as described in the Roadway Sufficiency Analysis and Transportation
Capital Improvements Plan, October 2003, page 4 et seq.
This chapter shall be uniformly applicable to
all development which occurs within the designated transportation
service area.
No building permit or occupancy shall be issued
for a development in the designated transportation service area as
herein defined unless the applicant therefor has paid the impact fee
imposed by and calculated pursuant to this chapter.
In the event that the trip generation characteristics
of a new development are not sufficiently documented in the ITE Manual,
the applicable impact fee shall be determined by the Township following
receipt and review of a special transportation study submitted by
the developer. Such study shall document projected p.m. peak volumes
at the subject site based on completion and occupancy of the proposed
development.
The provisions of this chapter shall be liberally
interpreted to effectively carry out its purposes which are hereby
found and declared to be in furtherance of the public health, safety,
welfare and convenience.
This chapter shall be effective in accordance
with applicable law. In accordance with Section 505-A(c)(2) of Act
209, this chapter shall have retroactive application for a
period of 18 months after the adoption of the resolution creating
the Impact Fee Advisory Committee, Resolution No. 02-11 of the East
Brandywine Township Board of Supervisors, dated June 19, 2002, to
all preliminary applications for land development or subdivision within
East Brandywine Township.