Township of Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Uwchlan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 260.
Zoning — See Ch. 265.
[Adopted 7-13-1992 by Ord. No. 92-07]

§ 126-1 Title.

This article shall be known as the "Uwchlan Township Transportation Impact Fee Ordinance."

§ 126-2 Purpose.

The purpose of this article is to establish a Uwchlan Township 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 time of 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.

§ 126-3 Definitions.

As used in this article, the following words and terms shall have the following meanings, unless another meaning is plainly intended. Other capitalized terms used herein and not expressly defined below shall have the meaning set forth in Act 209.
BUILDING PERMIT
The permit required for new construction and additions pursuant to Article 1 of the current edition of the Uwchlan Township Building Code. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area or number of dwelling units resulting therefrom.
CHANGE OF USE
Any use which increases p.m. peak-hour trips generated by an approved development. A change of use request will require a reassessment of impact fees.
DE MINIMUS APPLICATION
A development which proposes the creation of two or fewer new single-family residential lots containing one dwelling unit per lot.
[Added 3-27-1995 by Ord. No. 95-06]
DEVELOPER
Any person, partnership or corporation, landowner, subdivider or applicant responsible for any undertaking which requires a building, zoning or conditional use permit.
DEVELOPMENT
That which is to be done pursuant to a building, zoning, conditional use or occupancy permit including but not limited to a subdivision or land development as defined by the Uwchlan Township Subdivision and Land Development Ordinance.[1]
FUND
The Transportation Improvement Fund established by the Township in which impact fees are deposited.
OCCUPANCY PERMIT
Any permit required for occupancy of structures pursuant to the current edition of the Uwchlan Township Building Code and/or the Uwchlan Township Zoning Ordinance of 1977, as amended.[2]
[1]
Editor's Note: See Ch. 260, Subdivision and Land Development.
[2]
Editor's Note: See Ch. 106, Construction Codes, Uniform, and Ch. 265, Zoning, respectively.

§ 126-4 Adoption by reference of Roadway Sufficiency Analysis and Capital Improvements Plan.

[Amended 3-27-1995 by Ord. No. 95-06]
The Roadway Sufficiency Analysis and Capital Improvements Plan dated June 1992, as amended March 1995, prepared pursuant to Act 209 by the Uwchlan Township Impact Fee Advisory Committee, in consultation with Orth-Rodgers and Associates, Inc., is hereby adopted and incorporated herein by reference. A copy of the Roadway Sufficiency Analysis and Improvements Plan is attached hereto as Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Township office.

§ 126-5 Establishment of transportation service area.

A single transportation service area is hereby established as shown on the Transportation Service Area Map included as Figure Number 1 in the Roadway Sufficiency Analysis.

§ 126-6 Applicability of impact fee.

[Amended 3-27-1995 by Ord. No. 95-06]
Except as provided in § 126-11 hereof, this article shall be uniformly applicable to all development which occurs within the designated transportation service area.

§ 126-7 Imposition of impact fee.

A. 
No building permit or occupancy permit shall be issued for a development in the designated transportation service area as herein defined unless the applicant therefore has paid the impact fee imposed by and calculated pursuant to this article.
B. 
At the discretion of the Board of Supervisors of Uwchlan Township, the Township may accept payment of the impact fee by way of a contribution of real property to be used for public purposes or a contribution of improvements to public property. The value of such a contribution shall be equivalent to the total amount of the impact fee imposed upon all new development and changes of use as required by § 126-8 hereof. The value shall be determined by obtaining a fair market value appraisal of the real property and/or improvements to be contributed or by other generally accepted valuation methodology.
[Added 4-12-1993 by Ord. No. 93-02]

§ 126-8 Calculation and establishment of impact fee.

A. 
The impact fee in the designated transportation service area shall be an amount as set from time to time by resolution of the Board of Supervisors per p.m. peak-hour trip as set forth in the Capital Improvements Plan.
[Amended 3-27-1995 by Ord. No. 95-06; 9-12-2005 by Ord. No. 2005-06[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The amount of the impact fee may be amended from time to time by ordinance or resolution of the Board of Supervisors of Uwchlan Township in accordance with procedures set forth in Act 209.
[Amended 3-27-1995 by Ord. No. 95-06]
C. 
The impact fee imposed by this article is hereby imposed upon all new development and change of use and shall be determined as of the date of preliminary land development or subdivision approval by multiplying the per-trip cost established for the designated transportation service area by the estimated number of trips to be generated by the new development in accordance with the Trip Generation Manual published by the Institute of Transportation Engineers, Fifth Edition 1991, and any amendments and all future additions thereof ("ITE Manual"). Alternatively, the impact fee may be calculated pursuant to a special transportation study pursuant to § 126-9 of this article. In the event there is a change of use, the impact fees will be recalculated and reassessed.

§ 126-9 Special situations.

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 staff following 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.

§ 126-10 Administration of impact fee.

A. 
Collection and deposit of impact fees. Impact fees due pursuant to this article shall be collected by the Township in the manner prescribed herein prior to issuance of a building permit. Impact fees shall be held and deposited by the Township into an interest-bearing fund account designated solely for impact fees and shall be collected, held, utilized and disbursed by and through the office of the Township Manager in accordance with Act 209 and, specifically, Section 505-A thereof, 53 P.S. § 10505-A.
B. 
Advisory Committee's role. The Uwchlan Township Impact Fee Advisory Committee shall monitor and evaluate the implementation of the Transportation Capital Improvements Plan as adopted by the Board of Supervisors and report at least annually on the assessment of impact fees. In addition, the Advisory Committee shall make recommendations to the Township on the need to update or revise the adopted Land Use Assumptions, Transportation Capital Improvements Plan or impact fees at the request of the Board of Supervisors.

§ 126-11 Credits and exemptions.

[Added 3-27-1995 by Ord. No. 95-06]
A. 
Credits. The Board of Supervisors, within its discretion, may grant a credit of up to 100% of the applicable impact fees for growth and development which is proposed and undertaken by a developer who is a municipality, public school district, public authority or other governmental entity, and such development is for a governmental purpose and in the public interest. In order to claim the credit provided by this Subsection A, the developer must make a request for the credit upon application for preliminary subdivision or land development approval or a building, zoning, conditional use or occupancy permit if no subdivision or land development approval is required. The developer shall have the burden of establishing that its proposed development serves an overriding public interest.
B. 
De minimus applications. A de minimus application for development as defined herein shall be exempt from the imposition of impact fees as required by this article.

§ 126-12 Liberal construction.

The provisions of this article shall be liberally construed to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.

§ 126-13 Effective date.

This article shall be effective in accordance with applicable law. In accordance with Section 505-A(c)(2) of Act 209, this article shall have retroactive application for a period of 18 months after the adoption of the resolution creating the Impact Fee Advisory Committee, Resolution No. 91-13 of the Uwchlan Township Board of Supervisors, dated January 14, 1991, to all preliminary applications for land development or subdivision within Uwchlan Township.