[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Providence 12-19-1991 by Ord. No. 376; amended
in its entirety 8-16-2001 by Ord. No. 457. Subsequent amendments
noted where applicable.]
This chapter shall be known as the "Lower Providence
Township Traffic Impact Fee Ordinance."
The purpose of this chapter is to establish
an impact fee program to ensure that the transportation system is
available and adequate to support new growth and development. To advance
this objective, there is hereby created an impact fee payable to the
Township prior to building permit issuance.
The Board of Supervisors hereby finds and declares
that:
A.
The conditions and standards for the determination
and imposition of the impact fee set forth herein are those set forth
in Act 209 of 1990, and any and all amendments thereto (hereinafter
the "Act"),[1] and consist of:
(1)
The recitals set forth above;
(2)
The analysis, advice and recommendation of the Traffic
Advisory Committee;
(3)
The land use assumptions 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 an impact fee and consistent
with the provisions of the Act and any amendments thereto.
[1]
Editor's Note: See 53 P.S. § 10501-A
et seq.
B.
The collection, disbursement and accounting of impact
fees shall be administered by the Office of the Township Manager or
Secretary-Treasurer, subject to review, oversight and control by the
Board of Supervisors.
The terms and definitions set forth in Section
502A of the Act[1] are hereby adopted and incorporated in this chapter by
reference.
[1]
Editor's Note: See 53 P.S. § 10502-A.
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
program adopted by the Board of Supervisors. Said impact fee shall
apply to all new developments or subdivisions 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 chapter
shall be expended for costs incurred for improvements attributable
to new development and designated in the Transportation Capital Improvements
Plan adopted by the Board of Supervisors for improvements within each
of the transportation service areas 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, and including such proportionate
amount of the Roadway Sufficiency Analysis as is allowed under the
provisions of the Act.
[Amended 6-29-2009 by Ord. No. 581]
The following documents, adopted by the Board
of Supervisors of Lower Providence Township, are hereby incorporated
by reference in this chapter:
A.
Land Use
Assumption Report as adopted by the Board of Supervisors of Lower
Providence Township by Resolution No. 08-104.
B.
Roadway Sufficiency
Analysis as part of the Transportation Impact Fee Study dated May
2009 as adopted by the Board of Supervisors of Lower Providence Township
by Resolution No. 09-77.
C.
Transportation
Capital Improvement Plan as part of the Transportation Impact Fee
Study dated May 2009 as adopted by the Board of Supervisors of Lower
Providence Township by Resolution No. 09-77.
D.
Transportation
Impact Fee Schedule as set forth on Table 16 of the Transportation
Impact Fee Study dated May 2009 as adopted by the Board of Supervisors
of Lower Providence Township by Resolution No. 09-77.
E.
Designation
of Transportation Districts as set forth on the Transportation Service
Area Map identified as Figure 1 of the Transportation Impact Fee Study
dated May 2009 as adopted by the Board of Supervisors of Lower Providence
Township by Resolution No. 09-77.
A.
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 program.
B.
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 chapter shall be uniformly applicable to
all development that occurs within a designated development subarea.
No building permit shall be issued for a development
in a designated transportation district subarea, as herein defined,
unless the applicant therefor has paid the impact fee imposed by and
calculated pursuant to this chapter.
A.
The impact fee for transportation capital improvements
shall be based upon 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 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, 6th or subsequent editions, which is hereby adopted by
the Township, to equal a per-trip cost for transportation improvements
within the service area.
B.
The specific impact fee for a specific new development
or subdivision within a transportation district for road improvements
shall be determined as of the date of preliminary land development
or subdivision approval by multiplying the per-trip cost established
for the service area as determined in the Transportation Capital Improvement
Plan by the estimated number of trips to be generated by the new development
or subdivision using generally accepted traffic engineering standards.
C.
The Board of Supervisors 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 transportation
fee for such development or subdivision.
D.
Amount of per-peak-hour trip fee.
(1)
The amount of the per-peak-hour trip fee for the Transportation
Service Areas 1 and 2, until and unless revised or amended in accordance
with the provisions hereof in the Act, are as follows:
[Amended 6-29-2009 by Ord. No. 581]
(3)
The above impact fees may be changed by resolution
of the Township Board of Supervisors upon calculations conducted in
accordance with this chapter and the Act.
A.
Transportation Service Areas 1 and 2 are established as shown on Transportation Service Area Map identified herein per Section 96-7E of this chapter. The Transportation Service Area Map for Service Areas 1 and 2 shall be attached hereto as Exhibit A and incorporated herein by reference[1] and shall replace the Transportation Service Area Map
previously attached for Service Areas East and West.
[Amended 6-29-2009 by Ord. No. 581]
[1]
Editor's Note: The Transportation Service Area Map is included at the end of this chapter.
B.
Additional transportation district subareas or combinations
of transportation district 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:
(1)
The Comprehensive Plan;
(2)
Any standards for adequate public facilities incorporated
in the program;
(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.
C.
Fees collected from development in each of the transportation
service areas shall be used exclusively to fund transportation improvement
projects scheduled for that area. Fees previously collected from Service
areas East and West pursuant to Ordinance No. 457 shall be used for
projects as designated by Ordinance No. 457.
[Amended 6-29-2009 by Ord. No. 581]
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 of development.
A.
Collection of impact fee. Impact fees due pursuant
to this chapter shall be collected by the Township in the manner or
manners prescribed herein to the issuance of a building permit.
B.
Establishment of fact. 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 funds 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
can be segregated for each transportation district subarea.
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 program
for the particular transportation district subarea.
Payment of the transportation capital improvements
impact fee shall be made by the traffic generator prior to the issuance
of a building permit by the Township to the traffic generator for
development on the applicable site.
[Amended 11-1-2012 by Ord. No. 606]
A.
The Board
of Supervisors may provide a credit against the impact fee otherwise
due in an amount of up to 100% of the applicable impact fee for growth
which is determined by the Board of Supervisors to serve an overriding
public interest.
B.
Any applicant
who shall perform, at his own expense and with the consent and agreement
of the Board of Supervisors, off-site improvements, as herein defined,
shall be eligible for a credit from the impact fee otherwise due in
the amount of the actual cost of such off-site improvements as approved
by the Township Engineer. Such credit shall not exceed the amount
of the impact fee.
(1)
If
the applicant proposes to make such improvements, he must enter into
an agreement with the Board of Supervisors 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, a requirement 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 Board of Supervisors. The Board of Supervisors 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 shall the Board of Supervisors 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. Any such applicant shall
be required to supply financial security sufficient, in the judgment
of the Township, to cover the cost of any such improvement installed
by the applicant for which credit is sought.
(2)
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.
(3)
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.
A.
Impact fees collected pursuant to this chapter 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 capital improvements 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 95% 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 years of the scheduled construction date of the project
as set forth In the Transportation Capital Improvements Plan, the
Township shall refund the portion of the fee paid by a payor making
written request thereof 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 thereof, 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 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) or (2) hereof, 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 bis place of business.
This chapter shall not affect, in any manner,
the permissible use of property, density of development, previously
adopted design and improvement standards and requirements or any other
aspect of the development of land or provision of public improvements
which remain subject to applicable zoning and subdivision/land development
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 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 chapter; provided, however, that a property owner
may be required to pay, pursuant to Township ordinances, regulations
or policies, for other public facilities in addition to the impact
fee for transportation improvements as subdivided herein.
The provisions of this chapter 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.
A.
Notwithstanding anything to the contrary contained
herein, impact fees may be imposed on those projects involving developments,
subdivisions and PRD's for which an application has been filed on
or after the first publication of notice of the 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 advisory committee in connection herewith.
B.
In retroactive applications, the per-trip fee may
not exceed $1,000 or the actual calculated fee, whichever is less.
