[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington 7-18-2005 by Ord. No. 186. Amendments noted where
applicable.]
This chapter shall be known as the "Washington
Township Transportation Impact Fee Ordinance."
This 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 the Township at the time of building permit/land use
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 consists of:
(1)
The recitals set forth above;
(2)
The analysis, advice, and recommendations of the Impact
Fee Advisory Commission;
(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 office of the Township Manager
or Secretary/Treasurer, subject to review, oversight, and control
by the Board of Supervisors.
C.
The amount of the per-peak-hour-trip transportation impact fees shall be as set forth in § 324-13 of this chapter.
D.
The time, method, and procedure for payment of Transportation Impact Fees shall be as set forth in § 324-18 of this chapter.
E.
The procedures for credits against Transportation Impact Fees shall be as set forth in § 324-19 of this chapter.
The terms and definitions set forth in Section
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
within the transportation service area(s) 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/land use 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(s) 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(s), 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, are hereby incorporated by reference
in full in this chapter, as if attached hereto:
A.
Recommendations of the Impact Fee Advisory Committee,
including those set forth in the documents identified below.
B.
Land Use Assumptions Report as adopted by Resolution
No. 376.
C.
Roadway Sufficiency Analysis as adopted by Resolution
No. 377.
D.
Transportation Capital Improvements Plan as adopted
by Resolution No.659.
[Amended 9-3-2008 by Ord. No. 217; 8-5-2013 by Ord. No. 243; 10-16-2017 by Ord. No. 265]
E.
Transportation Service(s) Area Map as prepared by
McMahon Associates, Incorporated, as attached as Exhibit 4A to the
Transportation Capital Improvements Plan, and incorporated by reference
in full herein, as if attached hereto.
[Amended 10-16-2017 by Ord. No. 265]
Where there is a deviation from the land use
assumptions resulting in increased density, intensity or trip generation
to a particular development or where needed to assist in determining
the appropriate amount of traffic transportation impact fees, the
Township may require or authorize the preparation of a special transportation
study to determine the traffic generation of circulation patterns
in new nonresidential developments only; provided, nevertheless, that
no studies may be required or authorized where the proposed development
will not require a deviation from the land use assumptions used to
create the Transportation Capital Improvements Plan. Any such studies
required or authorized by the Township shall be submitted prior to
the imposition of the transportation impact fee and shall be considered
in the determination of the fee. The special traffic study shall be
prepared by a qualified traffic or transportation engineer based on
generally accepted transportation planning and engineering standards.
This chapter shall be uniformly applicable to
all developments that occur within the defined transportation service
area(s).
No building permit/land use permit shall be
issued for development in the transportation service area(s) hereto
unless the applicant therefore has paid the transportation impact
fees imposed by 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(s), which are attributable
to and necessitated by the new development within the transportation
service area(s) as calculated in accordance with the Act and herewith,
divided by the number of anticipated p.m. 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, 7th or subsequent
editions, as amended, which is hereby adopted by the Township, to
equal a per trip cost for transportation improvements within the transportation
service area(s).
B.
The specific transportation impact fee for a specific
new subdivision or land development within a transportation service
area(s) 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(s)
by the estimated number of p.m. peak-hour trips to be generated by
the new subdivision or land development using Trip Generation Manual
published by the Institute of Transportation Engineers, 7th 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 pursuant to § 324-8 of this chapter.
A.
The transportation service area is established as
shown on the Transportation Service Area Map prepared by Traffic Planning
and Design, Inc., attached as Exhibit 1 to 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:
(1)
The Comprehensive Plan;
(2)
Any standards for adequate public facilities incorporated
in the Transportation Capital Improvement 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 each transportation
service area or subarea will be used exclusively to fund transportation
improvement projects scheduled for that area or subarea.
[Amended 9-3-2008 by Ord. No. 217; 8-5-2013 by Ord. No. 243]
The amount of per p.m. peak-hour trip fee for
the transportation service area shall be $2,714 unless revised or
amended in accordance with the provisions hereof and the Act, calculated
in accordance with Sections 504-A(e)(1)(iv)(C) and 505-A(a)(1) of
the Act[1] and § 324-11 hereof, as follows:
A.
Transportation
service area. Total costs of road improvements in service area 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 Section 102 of the State Highway
Law.[2]
[2]
Editor's Note: See 36 P.S. § 670-102.
B.
Total
costs attributable to service area: $12,705,830.
[1]
Editor's Note: See 53 P.S. §§ 10504-A(e)(1)(iv)(C)
and 10505-A(a)(1), respectively.
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, 7th
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 the 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,
the 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 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 provision 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 multi-modal, have as their purpose the reduction of traffic congestion
or the removal of vehicle trips from the roadway work.
C.
The Township amends its Transportation Capital Improvement
Plan components required by Section 504-A(e)(1)(vi) of the Act[1] 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. The 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 source of the 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
the Township. A copy of the report shall also be provided to the Impact
Fee Advisory Committee.
[1]
Editor's Note: See 53 P.S. § 10504-A(e)(1)(vi).
Prior to making an application for a building
permit/land use permit, an applicant may request a nonbinding transportation
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 use of the development.
A.
Collection of transportation impact fees due pursuant
to this chapter shall be collected by the Township in the manner or
manners prescribed herein prior to the issuance of a building permit/land
use permit.
B.
Establishment of the fund. Upon receipt of transportation
impact fees, the Township Manager or Secretary/Treasurer 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 Secretary/Treasurer 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 Manager or Secretary/Treasurer 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 and/or the additional uses as set forth in § 324-6 of this chapter.
The transportation impact fee for a specific subdivision or land development shall be paid prior to the issuance of the building permit/land use permit for the development. The transportation impact fee shall be paid to the Township in cash, bank cashier's check, certified check, or electronic fund transfer approved by the Township Manager and shall be administered by the Township in accordance with the provisions of § 324-17 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 a 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 were not due.
A.
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/land use 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 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/land use 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 fee due, the applicant may use such excess credit toward the
transportation impact fees imposed on other building permit/land use
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 improvement installed by the applicant for which credit is sought.
B.
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 the Township and accepted by the
Township for future right-of-way, realignment or widening of existing
roadways contained in the Transportation Capital Improvement Plan.
The fair market value of any land dedicated to and accepted by the
Township shall be determined as of the date of the submission of the
subdivision or land development application to the Township.
C.
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.
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 the Township terminates or completes
the Transportation Capital Improvements Plan and there remains at
the time of termination or completion undisbursed funds, the respective
payor 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. The 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 the Township. In the event that any of the funds remain unclaimed
following one year after the notice, the Township shall be authorized
to transfer any funds so remaining to any other fund in the Township
without any further obligation to refund said funds. It shall be the
responsibility of the payor to provide the Township at all times with
a current address for such notice.
B.
In the event the Township fails to commence construction
within three years of the scheduled construction dates of the project
as set forth in the Transportation Capital Improvement Plan, the 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 are less that 95%
of the budgeted costs for such project, the 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/land use permit issued therefor, the transportation
impact fees paid with accumulated interest shall be refunded to the
payor. Further, if a building permit/land use 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, at its option, may roll
over the transportation impact fees attributable to an expired building
permit/land use permit to cover fees incurred by a new permit.
(Reserved)
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 the 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 the Township on the development of land or the issuance
of building permit/land use 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, nevertheless, that a property owner may be required to pay,
pursuant to Township 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 the 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 purposes and
in such manner as to favor such public interest as opposed to any
private interest.
A.
Notwithstanding § 324-26 herein, transportation impact fees shall be imposed on those projects involving subdivisions, land developments, and planned residential developments for which an application has been filed on or after the first publication of notice of the intent of the Township to adopt this chapter; provided, nevertheless, that such retroactivity does not exceed 18 months after the adoption of the resolution that created the Impact Fee Advisory Committee.
B.
With respect to such retroactive applications, the
per-peak-hour trip shall be $1,000 or the actual calculated fee, whichever
is less, or an amount otherwise agreed to by the building permit/land
use permit applicant and the Township.
This chapter shall take effect five days after
adoption by the Board of Supervisors.
