This article shall be known as the "Plymouth Township Impact
Fee Amendatory Ordinance (2004)."
The purpose of this article is to amend the transportation impact
fee imposed upon new development in the transportation service area
established by Township Council under Ordinance No. 1107 (the "1991
Service Area"), and the transportation service area established by
Township Council under Ordinance No. 1315 (the "1998 Service Area")
to ensure that the transportation system is available and adequate
to support new growth and development. To advance this objective,
the impact fees established herein are hereby created and shall be
payable to the Township at the time of building permit issuance.
[Ord. No. 1523, § 1, 7-13-2009; Ord. No. 1526, § 1, 9-14-2009]
The Council hereby finds and declares that:
(a)
The conditions and standards for the determination and imposition
of the impact fees set forth herein are those set forth in Act 209
of 1990, Article V-A- Municipal Capital Improvement, of the Pennsylvania
Municipalities Planning Code, and any and all amendments thereto (hereinafter
referred to as the "Act"), and consist of:
(1)
The recitals set forth above;
(2)
The analysis, advice and recommendations of the Impact Fee Advisory
Committee;
(3)
The Land Use Assumptions as adopted by the Council;
(4)
The Roadway Sufficiency Analysis as adopted by the Council;
(5)
The Transportation Capital Improvement Plan (hereinafter referred
to as the "Plan"), for the 1991 Service Area, dated June 2009, as
adopted by the Council; and
(6)
Such other conditions and standards as the Council may by ordinance
or resolution identify from time to time as being relevant and material
to the imposition of an impact fee and consistent with the provisions
of the Act and any amendments thereto.
(b)
The collection, disbursement and accounting of impact fees shall
be administered by the office of the Township Manager or Finance Director,
subject to review, oversight and control by the Township Council.
(c)
The time, method and procedure for payment of impact fees established
herein shall be as set forth in this article.
(d)
The procedure for credits against or refunds of impact fees shall
be as set forth in this article.
(e)
Such exemptions as the Council shall choose to enact shall be as
set forth in this article.
The terms and definitions set forth in Section 502-A of the
Act are hereby adopted and incorporated in this article by reference.
There is hereby enacted an impact fee to be imposed upon new
development for the purpose of off-site public transportation capital
improvements authorized by the Act and as described in the plan adopted
by Council. Said impact fee shall apply to all new land developments
or subdivisions ("development") within each of the transportation
service areas identified herein and shall be a condition precedent
to final approval of a development or a subdivision plan or issuance
of a building permit.
Impact fees collected pursuant to this article shall be expended
for costs incurred for improvements attributable to new development
and designated in the Transportation Capital Improvement Plan adopted
by Council in Resolution No. 2004-41 for improvements within the 1991
Service Area as defined herein and the 1998 Service Area as defined
herein in which the new development will be located. Additionally,
such fees may be used for the acquisition of land and rights-of-way,
engineering, legal and planning costs, and all other costs, including
debt service related to road improvements within the designated service
area, as is allowed under the provisions of the Act.
The following documents, previously adopted by the Council,
are hereby incorporated by reference in this article:
(a)
Land Use Assumptions Report, dated January 30, 2004, (Resolution
2004-15); as revised on April 5, 2004, (Resolution 2004-21); and as
further revised on April 22, 2004, (Resolution 2004-22.)
(b)
Roadway Sufficiency Analysis dated May 2004, as adopted by Township
Resolution 2004-30.
(c)
The Transportation Capital Improvements Plan dated June 2004, as
adopted by Township Resolution 2004-41.
(d)
The Impact Fee Schedules for the 1991 Service Area, as defined herein,
and the 1998 Service Area, as defined herein, stated in the plan as
established by Township Resolution 2004-41.
(e)
Designation of the transportation service area as set forth on the
Transportation Service Area Map adopted by Township Resolution 1991-57,
identified as Exhibit "A" to Ordinance No. 1107 and incorporated herein
by reference (1991 Service Area.)
(f)
Designation of the transportation service area as set forth on the
Transportation Service Area Map adopted by Township Resolution 1998-55,
identified as Exhibit "B" to Ordinance No. 1315 and incorporated herein
by reference (1998 Service Area.)
Where intended to assist in determining the appropriate amount
of traffic impact fees, the Township may require the preparation of
special transportation studies to determine the traffic generation
or circulation patterns in new nonresidential developments only; provided,
however, that no studies may be required where the proposed development
will not require a deviation from the land use assumptions used to
create the plan. Any such studies required by the Township shall be
submitted prior to the imposition of the impact fee and shall be considered
in the determination of the fee.
This article shall be uniformly applicable to all development
that occurs within a designated service area.
No building permit shall be issued for a development in a designated
service area, as herein defined, unless the applicant therefor has
paid the impact fee imposed by and calculated pursuant to this article.
None.
(a)
The impact fee for transportation capital improvements shall be based
upon the total costs of the road improvements included in the adopted
plan within a given service area attributable to and necessitated
by new development within the service area as defined, divided by
the number of anticipated peak-hour trips generated by all new development
consistent with the adopted Land Use Assumptions and calculated in
accordance with the Trip Generation Manual published by the Institute
of Transportation Engineers, 7th or subsequent editions, which is
hereby adopted by the Township, to equal a per-trip cost for transportation
improvements within the designated service area.
(b)
The specific impact fee for a specific new development within a designated service area for road improvements shall be determined as of the date of land development or subdivision approval by multiplying the per-trip cost established for the designated service area as determined in Section 19.5-90 hereof by the estimated number of trips to be generated by the new development using generally accepted traffic engineering standards.
(c)
The Council may authorize or require the preparation of a special
transportation study in order to determine traffic generation or circulation
for a new nonresidential development to assist in the determination
of the amount of the impact fee for such development.
(d)
The impact fee calculated and hereby imposed for the 1991 Service
Area (Exhibit "A") is $2,279.79 per evening peak-hour vehicle trip.
(e)
The impact fee calculated and hereby imposed for the 1998 Service
Area (Exhibit "B") is $1,799.91 per evening peak-hour vehicle trip.
The 1991 Service Area shall be as established under Ordinance
No. 1107; the 1998 Service Area shall be as established under Ordinance
No. 1315. Additional transportation district areas or combinations
of transportation district areas may be designated by Council from
time to time consistent with the procedure set forth in this article
and the Act, and in consideration of the following factors:
(a)
The Comprehensive Plan;
(b)
Any standards for adequate public facilities incorporated in the
Plan;
(c)
The projected build-out and timing of development areas;
(d)
The need for and cost of unprogrammed transportation improvements
necessary to support projected development; and
(e)
Such other factors as Council may deem relevant.
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Fees collected from development in each of the transportation
service areas shall be used exclusively to fund transportation improvement
projects scheduled for that service area.
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Prior to making an application for a building permit, an applicant
may request a nonbinding impact fee estimate from the Township, which
shall be based upon the maximum development potential of the site
pursuant to existing zoning regulations, unless the applicant specifies
a lesser use or development.
(a)
Collection of impact fee. Impact fees due pursuant to this article
shall be collected by the Township in the manner prescribed herein
and in the Act prior to the issuance of a building permit.
(b)
Establishment of fund. Upon receipt of impact fees, the Township
Manager or Finance Director shall be responsible for the separate
and proper accounting of such fees. All such fees shall be deposited
in interest-bearing accounts in a bank authorized to receive deposits
of the Township funds. Interest earned by each account shall be credited
to that account and shall be used solely for the purpose specified
for finds of such account.
(c)
Establishment and maintenance of accounts. The Township Manager or
Finance Director shall establish appropriate trust fund accounts and
shall maintain records whereby impact fees collected cart be segregated
for each service area.
(d)
Maintenance of records. The Township Manager or Finance Director
shall maintain and keep adequate financial records for each such account
which shall show the source and disbursement of all revenues, which
shall account for all monies received, and which shall ensure that
the disbursement of funds from each account shall be used solely and
exclusively for the provision of projects specified in the Plan for
the particular transportation service area.
(e)
Annual accounting and reports. Annually, the Township shall account
for any fund account containing impact fee proceeds and earned interest.
Such accounting shall include the total funds collected, the source
of the funds collected, the total amount of interest accruing on such
funds and the amount of funds expended on specific transportation
improvements under the Plan. Notice of the availability of the results
of the accounting shall be included and published as part of the annual
audit required of the Township. A copy of the report shall also be
provided to the Impact Fee Advisory Committee established under the
Act.
Payment of the transportation capital improvements impact fee
shall be made in cash, certified check or bank check, subject to collection
by the person seeking to build or develop, prior to the issuance of
a building permit by the Township to such person for development on
the applicable site.
(a)
Any applicant who shall perform, at his/her/its own expense and with
the consent and agreement of Council, off-site improvements specified
in the Plan, shall be eligible for a credit from the impact fee otherwise
due in the amount of the actual costs of such off-site improvements
as approved by the Township Engineer. Such credit shall not exceed
the amount of the impact fee.
(b)
If the applicant makes such improvements he/she/it must enter into an agreement with Council, prior to the issuance of any building permit. The agreement must establish the estimated costs of the improvements, the schedule for initiation and completion of the improvements, a requirement that the improvements be completed to Township and Pennsylvania Department of Transportation standards and design criteria and such other terms and conditions as deemed necessary by Council, including the deposit with the Township of financial security in an amount sufficient to guarantee the construction of the improvements in the manner provided for such under Article V of the Pennsylvania Municipalities Planning Code. The Council must review the improvement plan, verify costs and time schedules, determine if the improvements are eligible improvements and determine the amount of the applicable credit for such improvements to be applied to the otherwise applicable impact fee prior to issuance of any building permit. In no event shall Council provide a credit which 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 applicant may use such excess credit toward the impact fees imposed on other building permits for development on the same site and in the same ownership.
(c)
An applicant shall be entitled as a credit against impact fees an
amount equal to the fair market value of land dedicated by the applicant
and accepted by the Township for future right-of-way, realignment
or widening of existing roadways.
(d)
An applicant shall be entitled as a credit against impact fees an
amount equal to the value of any road improvement construction which
is contained in the Plan and which was performed at the applicant's
expense.
(a)
Impact fees collected pursuant to this article shall be refunded,
together with interest earned thereon, to the payor of the fees under
the following circumstances:
(1)
In the event the Township completes or terminates the Plan and
there remain undisbursed funds, the respective payors shall be entitled
to a share of the fund balance in the same proportion as the payor's
impact fee payment plus interest earned bears to the total impact
fees collected plus interest.
(2)
In the event any specific road improvement project is completed
at a cost to the Township less than ninety-five (95%) percent of the
budgeted cost of the road project, the Township shall refund an amount
equal to the excess budgeted cost over actual cost to the payors,
pro rata, plus accumulated interest.
(3)
In the event the Township fails to commence construction within
three (3) years of the scheduled construction date of the project
as set forth in the Plan, the Township shall refund the portion of
the fee paid by any payor making written request therefor which is
attributable to said project, with accumulated interest, provided
no refund shall be paid with respect to any project actually begun
prior to the receipt of such refund request.
(4)
In the event the development for which impact fees were paid
has not commenced prior to the expiration of the building permit issued
therefor, the impact fees paid with accumulated interest shall be
refunded to the payor. Further, if a building permit after issuance
is altered in such a way as to reduce the indicated impact fee, the
difference between the amount indicated and the amount actually paid
shall be refunded. The payor, at his/her/its option may roll over
the impact fees attributable to an expired building permit to cover
fees incurred by a renewal of said expired permit.
(b)
With respect to refunds arising out of subsection (a)(1), any funds
unclaimed within one year after notice as required by law shall be
transferred to the general account of the Township, and the payor's
entitlement to said refund shall lapse. It is the responsibility of
the payor to provide the Township with the current address of his/her/its
place of business.
This article shall not affect, in any manner, the permissible
use of property, density of development, previously adopted design
and improvements standards and requirements or any other aspect of
the development of land or provision of public improvements which
remain subject to applicable zoning, subdivision, land development
and PRD regulations of the Township, which shall be operative and
remain in full force and effect without limitation with respect to
all such development.
The impact fee is additional and supplemental to, and not in
substitution of, any other requirements imposed by the Township on
the development of land or the issuance of building permits. Nothing
herein contained shall be deemed to alter or affect the Township's
existing ordinances and regulations regarding on-site improvements.
In no event shall a property owner be obligated to pay for transportation
capital improvements in an amount in excess of the amount calculated
pursuant to this article; provided, however, that a property owner
shall be required to pay, pursuant to the Act, Township ordinances,
regulations or policies, for other public improvements or facilities
(including on-site transportation capital improvements) in addition
to the impact fee for off-site transportation improvements as provided
herein.
The per-trip cost for the transportation service area shall
be as follows:
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.
[Ord. No. 1426, § 1, 8-9-2004]
This article shall take effect on the 31st day after adoption
pursuant to Section 504C of the Home Rule Charter.
