[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-19-2000 by Ord. No. 294]
The Board of Supervisors of West Deer Township
may, in its sole discretion, waive the imposition of any permit fees
less engineering fees or other out-of-pocket costs of the Township
which would otherwise be collected by the Township from any not-for-profit
organization which is charging less than market value for its provision
of goods or services to Township residents.
[Adopted 12-4-2010 by Ord. No. 385]
This article shall be known as the "West Deer/Indiana Township
Impact Fee Program."
The purpose of this article is to establish the West Deer/Indiana
Township Impact Fee Program, including a Transportation Capital Improvements
Plan, 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 West Deer/Indiana 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 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 Townships
are 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.
The Supervisors hereby find and declare that:
A.
The Townships are committed to the provision of a transportation
system at service levels necessary to support residential and nonresidential
growth and development.
B.
Transportation service levels will be provided by the Townships utilizing
funds allocated via all available sources, including the capital improvements
programs and impact fees.
C.
The aggregation of development in the defined transportation service
areas intensifies the demand for transportation improvements designed
to accommodate traffic volumes at:
(1)
A "C" level of service for intersections and the "C" level of service
for roadway segments in West Deer Township as defined by the Transportation
Research Board of the National Academy of Science.
(2)
A "D" level of service for intersections and the "D" level of service
for roadway segments in Indiana Township as defined by the Transportation
Research Board of the National Academy of Science.
D.
The development potential of properties in the defined transportation
service area is reflected in the Land Use Assumptions Report adopted
in:
E.
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 Townships, state and federal
governments, and developers.
F.
The amount of the impact fee to be imposed shall be calculated in
accordance with the provisions of the Municipalities Planning Code[1] and this article, applying the engineering standards set
forth in the most-current edition of Trip Generation, Institute of
Transportation Engineers, and any amendments or future editions thereof.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
The Townships hereby find and declare that it would be in the best
interests of the residents of the Townships to impose an impact fee
upon new development in order to assist in the financing of certain
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 Joint Planning
Committee appointed by the Supervisors.
As used in this article, the following words and terms shall
have the following meanings, unless another meaning is plainly intended:
A permit for the activities regulated under the building
code ordinances of West Deer Township and Indiana Township, including
but not limited to the following activities:
Constructing or altering a man-made object having a stationary
location on land or water, constructing an addition, demolishing or
moving a man-made object having a stationary location on land or water,
making a change of occupancy, installing or altering any equipment
regulated under the building code ordinances of West Deer Township
and Indiana Township, and moving a lot line which divides a lot from
another lot or street.
Any person who has legal title of land, including an agent
or tenant with permission of the person who has legal title of land,
who makes an application for development.
A fee to be paid upon building permit issuance and calculated
in accordance with the provisions of the Municipalities Planning Code.
Any commercial, industrial, 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 municipality. New development also includes any change in use
that increases peak-hour trips.
Those public capital improvements that are not on-site improvements
and that serve the needs of more than one development.
All improvements constructed on the developer's property
or the improvements constructed on the property abutting the developer's
property necessary for ingress or egress to the developer's property
and required to be constructed by the developer pursuant to any Township
ordinance, including, but not limited to, the Township Building Code,
Subdivision and Land Development Ordinance and Zoning Ordinance.
The Township has identified the p.m. peak hour as the relevant
peak-hour period for the calculation of impact fees.
Those off-site road improvements that have a life expectancy
of three or more years, not including costs for maintenance, operation
or repair.
A plan adopted by the Supervisors prior to the enactment
of any impact fee ordinance for the purpose of identifying and planning
for transportation capital improvements. Specifically, the Impact
Fee Advisory Committee directed HRG to prepare a Transportation Capital
Improvements Plan dated February 26, 2010.
Geographically defined areas of the Township which, pursuant
to the Zoning Ordinance 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. (See Exhibit A1 for West Deer Township and Exhibit A2 for Indiana
Township).[1]
Those rates of traffic for the peak hour of adjacent street
traffic between 4:00 p.m. and 6:00 p.m. as determined in the most-current
edition of Trip Generation, 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 within a given transportation service area attributable
to and necessitated by new development within the service area divided
by the number of anticipated p.m. peak hour trips generated by all
new development consistent with the land use assumptions and calculated
in accordance with the most-current edition of Trip Generation, Institute
of Transportation Engineers, and any amendments or future editions
thereof.
[1]
Editor's Note: Exhibit A1 is on file in the Township
offices.
A.
This article shall be uniformly applicable to all new development
that occurs within a defined transportation service area.
B.
This article shall not apply to de minimus new development. "De minimus"
is defined to be new development that results in a total of five or
fewer p.m. peak hour trips, including any preexisting p.m. peak hour
trips. This subsection sets forth a threshold limit for the applicability
of this article and shall not be construed to provide a five-trip
credit to new development. A maximum of one de minimus exemption shall
be available for multiple subdivisions or land developments which
are reasonably viewed, for planning purposes, as one overall development,
such as where the multiple developments are interconnected with the
same roads, utility facilities, or otherwise in the reasonable judgment
of the Township.
C.
This article shall not apply to public schools, or buildings associated
therewith, or to West Deer/Indiana Township, or any other Township
agency or authority. Schools and local government agencies serve an
overriding public interest, warranting an exemption from impact fees.
No building permit subject to this article shall be issued for
a development in a transportation service area unless the developer
has paid the impact fee imposed by and calculated pursuant to this
article.
A.
The unit cost per trip is derived from the Transportation Capital
Improvements Plan and may be amended as transportation needs dictate
and as directed by the Board of Supervisors.
B.
The impact fee imposed by this article 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 the most-current edition of Trip Generation, Institute of Transportation Engineers, and any amendments or future editions thereof, or by a special transportation study pursuant to § 117-11 of this article. 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 each transportation service area.
C.
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 the most-current edition of Trip Generation,
Institute of Transportation Engineers, and any amendments or future
editions thereof. This fee is in addition to the impact fee calculated
under this article.
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 Township requirements as determined by the Township Traffic Engineer.
C.
Mitigation. Applicants for new development that generates 1,000 or
more new p.m. peak hour trips, less pass-by trips, will 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.
The Townships have defined transportation service areas as shown
on the Transportation Service Area Maps (see Exhibit A1 and Exhibit
A2, attached hereto and incorporated herein)[1] in accordance with the provisions of the Municipalities
Planning Code.
[1]
Editor's Note: Said maps are on file in the Township
offices.
A.
Applicability of this section. The Supervisors 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)
West Deer or Indiana Township requests a special transportation study;
(2)
No R value or fitted curve equation is provided for the use in the
most-recent version of Trip Generation, Institute of Traffic Engineers;
or
(3)
The use is not represented in any amendments or future editions of
Trip Generation, Institute of Traffic Engineers.
B.
Guidelines for conducting a special transportation study. Special
transporation studies must be conducted in accordance with the guidelines
contained in the most-current edition of Trip Generation, Institute
of Transportation Engineers, and any amendments or future editions
thereof. The developer of the new development is responsible for all
costs associated with the special transportation study.
A.
Collection of impact fee. Impact fees due pursuant to this article
shall be collected by the Townships in the manner prescribed herein
prior to issuance of a building permit.
B.
Establishment and maintenance of accounts. The Townships shall establish an interest-bearing fund account created solely for impact fees and shall maintain records whereby impact fees collected are segregated by transportation service areas. All interest earned 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 a particular transportation service area, except as provided in § 117-14 of this article.
C.
Maintenance of records. The Townships 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 appropriate transportation service area.
A.
Role of the impact advisory committee. The Joint Planning Committee
or Advisory Committee ("Committee") is a committee formed pursuant
to the Municipalities Planning Code to serve in an advisory capacity
to the Boards of Supervisors. The duties of the Committee include:
(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
improvements program by preparing a written report containing these
recommendations to the Townships;
(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 Townships of the need to revise or update the land
use assumptions, capital improvements program or impact fees;
(5)
To conduct public hearings with respect to any recommendations on
land use assumptions in accordance with the requirements of this article
and the Municipalities Planning Code.
(6)
To prepare or cause to be prepared a roadway sufficiency analysis
in accordance with the requirements of this article and the Municipalities
Planning Code.
B.
Review of transportation capital improvements or impact fees charge.
The Supervisors may request no more often than annually, the Committee
to review and make recommendations on the transportation capital improvements
or impact fee charges based on:
(1)
Subsequent new development which has occurred in West Deer or Indiana
Township;
(2)
Completion of capital improvements in the Transportation Capital
Improvements Plan;
(3)
Unavoidable delays in construction of capital improvements contained
in the Transportation Capital Improvements Plan beyond West Deer or
Indiana 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;
(6)
Significant changes in the projected revenue from sources listed.
The Townships 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 Improvement 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.
West Deer or Indiana Township amends its Transportation Capital Improvements
Plan components required by Section 504-A(e)(1)(vi) of the Municipalities
Planning Code 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 developer prior
to the issuance of a building permit by West Deer or Indiana Township.
A.
A traffic generator is entitled to a credit against the impact fee
in the amount of the fair market value of any land dedicated by the
developer 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 developer's expense. The amount
of such credit for any capital improvement constructed shall be the
amount allocated in the capital improvement program, including contingency
factors, for such work. The fair market value of any land dedicated
by the developer shall be determined as of the date of the submission
of the land development or subdivision application to the Township.
B.
Any new development which performs, at its own expense, off-site
improvements, as defined by this article, shall be eligible for a
credit toward the impact fee otherwise due in the amount of the actual
cost of such off-site improvements as approved by the Township Engineer
for West Deer or Indiana Township, as applicable. Such credit shall
not exceed the amount of the impact fee. In order for a new development
to be eligible for this credit, the developer must announce the intent
to perform off-site improvements during the subdivision or land development
approval process. The announcement must be in writing and must set
forth the off-site improvement project for which the new development
is seeking credit. The developer 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 new development 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.
C.
The Townships 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
developer's expense, if all of the following conditions are met:
(1)
The developer 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; and
(3)
West Deer Township and Indiana Township amend their Transportation
Capital Improvements Plan components required by Section 504-A(e)(1)(vi)
of the Municipalities Planning Code 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 payor of the impact fee may apply for a refund of an appropriate
share of any such fee and any interest earned from the date of payment
only for such reasons as identified in the Municipalities Planning
Code.
B.
The request for refund must be submitted to the appropriate Township
in writing, specifying the details and basis for the request for refund.
The words and phrases of this article 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
article;
(2)
Second, words and phrases that are not defined by this article are
to be interpreted as defined in Sections 107 and 502-A of the Municipalities
Planning Code, 53 P.S. §§ 10107 and 10502-A, as amended;
(3)
Third, words and phrases that are not defined in this article or
Sections 107 and 502-A of the Municipalities Planning Code are to
be interpreted as defined in the Townships' Zoning, Subdivision
and Land Development Ordinances;
(4)
Fourth, words and phrases that are not defined in this article, Sections
107 and 502-A of the Municipalities Planning Code, or in the Townships'
Zoning, Subdivision and Land Development Ordinances 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 article are
not to be interpreted in a way that results in an absurd construction
of the meaning or in a way that causes one provision to contradict
another.
The provisions of this article 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.
