[Adopted 7-13-1992 by Ord. No. 92-07]
This article shall be known as the "Uwchlan
Township Transportation Impact Fee Ordinance."
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.
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.
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.
[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.
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.
[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.
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.
[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.
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.
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.