[HISTORY: Adopted by the Board of Supervisors of the Township
of Forks 7-7-2022 by Ord. No. 384. Amendments noted where applicable.]
This chapter shall be known as the "Forks Township Transportation
Impact Fee Ordinance."
The purpose of this chapter is to establish a transportation
impact fee to ensure that the transportation system is available and
adequate to support new growth and development. To advance this objective,
there is hereby created a transportation impact fee payable to Forks
Township at the time of building permit issuance.
The Board of Supervisors hereby finds and declares that:
A. The conditions and standards for the determination and imposition
of the transportation impact fee set forth herein are those set forth
in Act 209 of 1990, Article V-A, "Municipal Capital Improvement,"
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10501-A
et seq., and any and all amendments thereto (hereinafter the "Act"),
and consist of:
(1) The recitals set forth above;
(2) The analysis, advice and recommendations of the Forks Township Transportation
Impact Fee Advisory Committee;
(3) The Land Use Assumptions Report as adopted by the Board of Supervisors;
(4) The Roadway Sufficiency Analysis as adopted by the Board of Supervisors;
(5) The Transportation Capital Improvements Plan, as adopted by the Board
of Supervisors; and
(6) Such other conditions and standards as the Board of Supervisors may
by resolution identify from time to time as being relevant and material
to the imposition of a transportation impact fee and consistent with
the provisions of the Act and any amendments thereto.
B. The collection, disbursement and accounting of transportation impact
fees shall be administered by the Township staff, subject to review,
oversight and control by Board of Supervisors.
C. The amount of the per-peak-hour-trip transportation impact fees shall be as set forth in §
182-12 of this chapter.
D. The time, method and procedure for payment of transportation impact fees shall be as set forth in §
182-10 of this chapter.
E. The procedure for credits against transportation impact fees shall be as set forth in §
182-20 of the chapter.
F. The procedure for refunds of transportation impact fees shall be as set forth in §
182-21 of this chapter.
G. Such exemptions as the Board of Supervisors shall choose to enact be set forth in §
182-11 of this chapter.
The terms and definitions set forth in § 502-A of
the Act, 53 P.S. § 10502-A, are hereby adopted and incorporated
by reference in full in this chapter, as if they were attached hereto.
There are hereby enacted transportation impact fees to be imposed
upon new development, as defined in the Act, for the purpose of off-site
public transportation capital improvements authorized by the Act and
as described by the Transportation Capital Improvements Plan adopted
by the Board of Supervisors. Said transportation impact fees shall
apply to all new subdivisions and land developments with the transportation
service area established pursuant hereto, and the imposition and payment
shall be a condition precedent to final approval of a subdivision
or land development plan and issuance of a building permit.
Transportation impact fees collected pursuant to this chapter
shall be expended for costs incurred for improvements attributable
to new development and designated in the Transportation Capital Improvements
Plan for improvements within the transportation service area 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 transportation service area, and including
such proportionate amount of the Roadway Sufficiency Analysis as is
allowed under the provisions of the Act.
The following documents, previously adopted by the Board of
Supervisors, and hereby incorporated by reference in full in the ordinance,
as if attached hereto:
A. Recommendations of the Transportation Impact Fee Advisory Committee,
including those set forth in the documents identified below.
B. Land Use Assumptions Report as adopted by Resolution No. 2022-04-07.
C. Roadway Sufficiency Analysis as adopted by Resolution No. 2022-05-19-03.
D. Transportation Capital Improvements Plan as adopted by Resolution
No. 2022-05-19-04.
E. Transportation Service Area Map as prepared by Gilmore & Associates,
identified as Figure 1 in the Transportation Capital Improvements
Plan, and incorporated by reference in full herein, as if attached
hereto.
Where a new nonresidential development is proposed which deviates
from the land use assumptions resulting in increased density, intensity
or trip generation, the developer shall be required to prepare a special
transportation study in order to assist the Township in determining
traffic generation or circulation and to serve as the basis for the
determination of the amount of the transportation impact fee for such
development or subdivision. Such transportation studies shall conform
to the requirements of the Forks Township Subdivision and Land Development
Ordinance. Any such studies shall be submitted prior to the imposition
of the impact fee and shall be considered in the determination of
said fee.
This chapter shall be uniformly applicable to all developments
that occur within the defined transportation service area.
No building permit shall be issued for development in the transportation
service area hereto unless the applicant therefore has paid the transportation
impact fees imposed be and calculated pursuant to this chapter.
A. The transportation impact fees for transportation capital improvements
shall be based upon the total costs of the road improvements included
in the adopted Transportation Capital Improvements Plan within the
transportation service area, which are attributable to and necessitated
by the new development within the transportation service area as calculated
in accordance with the Act and herewith, divided by the number of
anticipated peak-hour trips generated by all new development consistent
with the adopted Land Use Assumptions Report and calculated in accordance
with the Trip Generation Manual published by the Institute of Transportation
Engineers, 11th or subsequent editions, as amended, which is hereby
adopted by Forks Township to equal a per-trip cost for transportation
improvements within the transportation service area.
B. The specific transportation impact fee for specific new subdivision
or land development within a transportation service area for road
improvements shall be determined as of the date of preliminary subdivision
or land development approval by multiplying the per-trip cost established
for the transportation service area by the estimated number of PM
peak-hour trips to be generated by the new subdivision or land development
using the Trip Generation Manual published by the Institute of Transportation
Engineers, 11th or subsequent editions, as amended.
C. The Board of Supervisors may authorize or require the preparation
of a special transportation study in order to determine the traffic
generation or circulation for a new nonresidential development to
assist in the determination of the amount of the transportation fee
for such subdivision or land development.
A. A transportation service area is established as shown on the Transportation
Service Area Map prepared by Gilmore & Associates, identified
as Figure 1 in the Transportation Capital Improvements Plan, and incorporated
by reference in full herein. Additional transportation service areas
or subareas or combinations of transportation service areas or subareas
may be designated by the Board of Supervisors from time to time, consistent
with the procedure set forth in this chapter and in consideration
of the following factors:
(2) Any standards for adequate public facilities incorporated in the
Transportation Capital Improvements Plan;
(3) The projected build-out and timing of development areas;
(4) The need for and cost of unprogrammed transportation improvements
necessary to support projected development; and
(5) Such other factors as the Board of Supervisors may deem relevant.
B. Fees collected from development in the transportation service area
or subarea will be used exclusively to fund transportation improvement
projects scheduled for that area or subarea.
The amount of per-weekday-PM-peak-hour-trip fee for the transportation service area shall be $2,229.02 unless revised or amended in accordance with the provisions hereof and the Act, calculated in accordance with § 503A(e)(1)(iv)(C) and 505-A(a)(1) of the Act and §
182-12 hereto, as follows:
Total costs of road improvements included in the adopted Transportation
Capital Improvements Plan attributable to and necessitated by new
development within the transportation service area, including 50%
of the estimated costs of improvements to highways, roads and streets
qualifying as a state highway or portion of the rural highway system
as provided in § 102 of the State Highway Law.
|
$11,421,498
|
$11,421,498 divided by 5,124 total per-weekday-PM-peak-hour
trips = $2,229.02 per-weekday-PM-peak-hour trip.
|
There is hereby imposed an additional transportation impact
fee upon new developments which generate 1,000 or more new peak-hour
trips, net of pass-by trips as defined by the Trip Generation Manual
published by the Institute of Transportation Engineers, 11th or subsequent
editions, during the peak-hour period designated in this chapter.
The applicant for such a development shall perform traffic analysis
of development traffic impact on highways, roads or streets outside
the transportation service area in which the development site is located
but within the boundaries of Forks Township. Any such highways, roads
or streets or parts thereof outside the transportation service area
which will accommodate 10% or more of development traffic and 100
or more new peak-hour trips shall be studied, and the applicant shall
mitigate the traffic impacts of the development on such highways,
roads and streets to maintain the predevelopment conditions after
completion of the development.
Any other provisions of this chapter to the contrary notwithstanding,
in accordance with the provisions of Act, Forks Township may expend
transportation impact fees paid by an applicant on projects not contained
in the Transportation Capital Improvement Plan or may provide credit
against the transportation impact fees for the value of any construction
projects not contained in the Transportation Capital Improvements
Plan or may provide credit against Transportation Capital Improvement
Plan which are performed at the applicant's expense if all of
the following criteria are met:
A. The applicant has provided written consent to use of its transportation
impact fees or the provisions of such credit against the applicant's
transportation impact fees for the specific transportation projects
which are not included in the Transportation Capital Improvement Plan.
B. The alternative transportation projects, whether highway or multimodal,
have as their purpose the reduction of traffic congestion or the removal
of vehicle trips from the roadway work.
C. Forks Township amends its Transportation Capital Improvement Plan
components required by § 504-A(e)(1)(vi) of the Act to provide
replacement of the collected transportation impact fees transferred
to transportation projects outside the Transportation Capital Improvement
Plan from sources other than transportation impact fees or developer
contributions within three years of completion of the alternative
projects to which the transferred fees were applied or for which credit
was provided. All interest earned on such funds shall become funds
of that account. Forks Township shall make an accounting annually
for any fund account containing transportation impact fee proceeds
and earned interest. Such accounting shall include, but not be limited
to, the total funds collected, the total amount of interest accruing
on such funds and the amount of funds expended on specific transportation
improvements. Notice of the availability of the results of the accounting
shall be included and published as part of the annual audit required
by Forks Township. A copy of the report shall be provided to the Transportation
Impact Fee Advisory Committee.
Prior to making an application for a building permit, an applicant
may request a nonbinding transportation impact fee estimate from Forks
Township which shall be based upon the maximum development potential
of the site pursuant to existing zoning regulations, unless the applicant
specifies use of the development.
A. Collection of transportation impact fees due pursuant to this chapter
shall be collected by Forks Township in the manner or manners prescribed
herein prior to the issuance of a building permit.
B. Establishment of the fund. Upon receipt of transportation impact
fees, Forks Township 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 Forks Township
funds. Interest earned by each account shall be credited to that account
and shall be used solely for the purpose specified for funds of such
account.
C. Establishment and maintenance of accounts. The Township staff shall
establish appropriate trust fund accounts and shall maintain records
whereby transportation impact fees collected can be segregated for
each transportation service area.
D. Maintenance of records. The Township staff 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 Transportation Capital Improvements
Plan for the particular transportation service area.
The transportation impact fee for a specific subdivision or land development shall be paid by the applicant prior to the issuance of the building permit for the development. The transportation impact fee shall be paid to Forks Township in cash, bank cashier's check, certified check or electronic fund transfer approved by the Township Manager and shall be administered by Forks Township in accordance with the provisions of §
182-18 hereof.
Any applicant who shall perform, at its own expense and the
consent and agreement of the Board of Supervisors off-site improvement,
as herein defined, shall be eligible for a credit from the transportation
impact fee otherwise due. Such credit shall not exceed the amount
of the transportation impact fee that would have been charged if a
credit was not due.
A. 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 Transportation Capital Improvements Plan and which
was performed at the applicant's expense.
B. If the applicant makes such improvements, he shall enter into an
agreement with the Board of Supervisors prior to the issuance of any
building permit. The agreement shall establish the estimated cost
of the improvement, the schedule for initiation and completion of
the improvement, a requirement that the improvement be completed to
Forks Township and Pennsylvania Department of Transportation standards
and design criteria, as applicable, and such other terms and conditions
as deemed necessary by the Board of Supervisors. The Board of Supervisors
shall 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 transportation impact fee prior to issuance
of any building permit. The amount of such credit for any capital
improvement constructed shall be the amount allocated in the Transportation
Capital Improvement Plan, including contingency factors, for such
improvement. In no event shall the Board of Supervisors provide a
credit which is greater than the applicable transportation impact
fee. If, however, the amount of the credit is calculated to be greater
than the amount of the transportation impact fees imposed fee due,
the applicant may use such excess credit toward the transportation
impact fees imposed on other building permits for development on the
same site and in the same ownership. Any such applicant shall be required
to supply financial security sufficient, in the judgment of Forks
Township, to cover the cost of any improvement installed by the applicant
for which credit is sought.
C. An applicant shall be entitled as a credit against transportation
impact fees an amount equal to fair market value of land dedicated
by the applicant to Forks Township and accepted by Forks Township
for future right-of-way, realignment or widening of existing roadways.
The fair market value of any land dedicated to and accepted by Forks
Township shall be determined as of the date of the submission of the
subdivision or land development application to Forks Township.
Transportation impact fees collected pursuant to this chapter
shall be refunded, together with interest earned thereon, to the payor
of the transportation impact fees under the following circumstances:
A. In the event Forks Township terminates or completes the Transportation
Capital Improvements Plan and there remains at the time of termination
or completion undisbursed funds, the respective payors shall be entitled
to a share of the fund balance in the same proportion as the payor's
transportation impact fee payment plus interest earned bears to the
total transportation impact fees collected plus interest. Forks Township
shall provide written notice by certified mail to each person who
previously paid the fees and remain undisbursed that such person's
proportionate share of the fund balance is available for refund to
such person. Such notice shall be provided to the last known address
provided by the payor of the transportation impact fees to Forks Township.
In the event that any of the funds remain unclaimed following one
year after the notice, Forks Township shall be authorized to transfer
any funds so remaining to any other fund in Forks Township without
any further obligation to refund said funds. It shall be the responsibility
of the payor to provide Forks Township at all times with a current
address for such notice.
B. In the event Forks Township fails to commence construction within
three years of the scheduled construction dates of the project as
set forth in the Transportation Capital Improvements Plan, Forks Township
shall refund the portion of the transportation impact fee paid by
any payor making written request therefor which is attributable to
said project, with accumulated interest; provided, nevertheless, that
no refund shall be payable or paid with respect to any project actually
commenced prior to the receipt of such refund request, and the failure
of a payor to make such written request prior to the commencement
of such project shall be deemed a waiver of any right to such refund.
C. In the event that, upon completion of any road improvements project,
the actual expenditure for the project is less than 95% of the budgeted
costs for such project, Forks Township shall refund the pro rata difference
between the budgeted costs and the actual expenditures, including
interest accumulated thereon from the date of payment to the person
or persons who paid the impact fees for such improvements.
D. In the event the development for which transportation impact fees
were paid has not commenced prior to the expiration of the building
permit issued therefor, the transportation 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 amount of
the transportation impact fee due, the difference between such amount
and the amount actually paid shall be refunded. The payor, as its
option, may roll over the transportation impact fees attributable
to an expired building permit to cover fees incurred by a new permit.
This chapter shall not affect, in any manner, the permissible
use of property, density or development, previously adopted design
and improvement standards and requirements or any other aspect of
the subdivision or land development or provision of public improvements
which remain subject to applicable zoning, subdivision and land development
and planned residential development regulations of Forks Township,
which shall be operative and remain in full force and effect without
limitation with respect to such development.
The transportation impact fee is additional and supplemental
to, and not in substitution of, any other requirements imposed by
Forks Township on the development of land or the issuance of building
permits. Nothing herein shall be deemed to alter or affect Forks 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 chapter; provided, nevertheless, that a property
owner may be required to pay, pursuant to Forks Township's ordinances,
regulations or policies, for other public facilities in addition to
the transportation impact fee as provided herein.
It is hereby found and declared to be the intention of Forks
Township that the public health, safety and welfare be protected and
furthered by the provisions of this chapter, and it shall be interpreted
and construed liberally to effectively carry out its purpose and in
such manner as to favor such public interest as opposed to any private
interest.
A. Any person required to pay an impact fee shall have the right to
contest the land use assumptions, the development and implementation
of the transportation capital improvement program, the imposition
of impact fees, the periodic updating of the transportation capital
improvement program, the refund of impact fees and all other matters
relating to impact fees, including the constitutionality or validity
of the impact fee ordinance by filing an appeal with the Northampton
Court of Common Pleas.
B. A master may be appointed by the court to hear testimony on the issues
and return the record and a transcript of the testimony, together
with a report and recommendations, or the court may appoint a master
to hold a nonrecord hearing and to make recommendations and return
the same to the court, in which case either party may demand a hearing
de novo before the court.
C. Any cost incurred by parties in such an appeal shall be the separate
responsibility of the parties.
A. Notwithstanding the effective date of this chapter, transportation
impact fees may be imposed on those projects involving development,
subdivision, and planned residential developments for which an application
has been filed on or after the first publication of notice of Forks
Township's intent to adopt this chapter; provided, however, that
such retroactivity does not exceed 18 months after the adoption of
the resolution that created the Township's Transportation Impact
Fee Advisory Committee.
B. In retroactive applications, the per-trip fee may not exceed $1,000
or the actual calculated fee, whichever is less.