[HISTORY: Adopted by the Board of Supervisors of the Township of Limerick as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-16-2001 by Ord. No. 227; amended in its entirety 12-7-2021 by Ord. No. 408]
This article shall be known as the "Limerick Township Transportation Impact Fee Ordinance."
The purpose of this article 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 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 Transportation 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, 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 § 82-13 of this article.
D. 
The time, method, and procedure for payment of transportation impact fees shall be as set forth in § 82-18 of this article.
E. 
The procedures for credits against transportation impact fees shall be as set forth in § 82-19 of this article.
F. 
The procedures for refunds of transportation impact fees shall be as set forth in § 82-20 of this article.
G. 
Such exemptions as the Board of Supervisors shall choose to enact shall be as set forth in § 82-21 of this article.
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 article, 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 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 article 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, are hereby incorporated by reference in full in this article, 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. 2021-29.
C. 
Roadway Sufficiency Analysis as adopted by Resolution No. 2021-30.
D. 
Transportation Capital Improvements Plan as adopted by Resolution No. 2021-31.
E. 
Transportation Service Area Map as prepared by Traffic Planning and Design, Inc., attached as Exhibit A to the Transportation Capital Improvements Plan, and incorporated by reference in full herein, as if attached hereto.
Where intended to assist in determining the appropriate amount of traffic transportation impact fees, the Township may require 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 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 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.
This article shall be uniformly applicable to all developments that occur within a defined transportation service area.
No building permit shall be issued for a development in the transportation service area hereto unless the applicant therefor has paid the transportation impact fees imposed by and calculated pursuant to this article.
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, 6th 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.
B. 
The specific transportation impact fee for a specific new subdivision or land development within the 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 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.
A. 
Transportation Service Areas 1 and 2 are 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 article and in consideration of the following factors:
(1) 
The Comprehensive Plan;
(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 each transportation service area or subarea will be used exclusively to fund transportation improvement projects scheduled for that area or subarea.
A. 
The amount of peak-hour trip fee for the Transportation Service Area 1 and 2 shall be $1,792 and $2,291, respectively, unless revised or amended in accordance with the provisions hereof and the Act, calculated in accordance with § 504-A and 505-A(a)(1) of the Act[1] and § 82-11 hereof, as follows:
(1) 
Transportation Service Area 1. Total costs of road improvements in Service Area 1 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.[2]
Total costs attributable to Service Area 1
$4,317,500
[2]
Editor's Note: See 36 P.S. § 670-102.
(2) 
Transportation Service Area 2. Total costs of road improvements in Service Area 2 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.
Total costs attributable to Service Area 2
$2,775,000
[1]
Editor's Note: See 53 P.S. §§ 10504-A 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 subsequent editions, during the peak-hour period designated in this article. 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 article 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 or may provide credit against 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 multimodal, 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 Transportation Impact Fee Advisory Board.
[1]
Editor's Note: See 53 P.S. § 10504-A(e)(1)(vi).
Prior to making an application for a building 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 article shall be collected by the 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, the Township Manager 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 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 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 prior to the issuance of the building 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 § 82-17 hereof.
Any applicant who shall perform, at its 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 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 was 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. 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. 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 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 the 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. 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.
Transportation impact fees collected pursuant to this article 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 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. 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 than 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 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, at its option, may roll over the transportation impact fees attributable to an expired building permit to cover fees incurred by a required permit.
A. 
An exemption of traffic impact fees is applicable to a property owner who proposes an extension or addition to an existing structure or for placement of a separate freestanding structure when the total proposed structure(s) are less than or equal to 3,000 square feet in gross area. This exemption does not apply to:
(1) 
Any expansion or freestanding structure proposed which is greater than 3,000 gross square feet.
(2) 
Total expansion of structure(s) over time exceeds 3,000 gross square feet.
(3) 
Change of use of existing structure(s).
B. 
For purposes of traffic impact fee assessment, all expansion shall be retroactively assessed when total structure(s) exceed 3,000 GSF. "Total structure(s)" shall be defined as structures previously exempted under this provision of this article plus currently proposed structures.
This article 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 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, 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 article, 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 § 82-26 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 intend of the Township to adopt this article; provided, nevertheless, that such retroactivity does not exceed 18 months after the adoption of the resolution that created the Transportation Impact Fee Advisory Committee.
B. 
With respect to such retroactive applications, the per-peak-hour trip shall be $1,000, as set forth in Resolution No. 2000-24, duly adopted at a regular public meeting held on the seventeenth day of October 2000, and pursuant to which the Board of Supervisors declared its intention to adopt this article.
This article shall take effect five days after adoption by the Board of Supervisors.
[Adopted 10-9-2008 by Ord. No. 300]
The recitals are incorporated herein as if set forth in extenso.[1]
[1]
Editor's Note: A complete copy of this ordinance, including recitals, is on file in the Township offices.
A. 
Subject to the procedures set forth in this article, attorneys' fees incurred in collecting delinquent accounts, fees and/or charges shall be assessed against a delinquent customer, resident or developer in the amount charged to the Township by its solicitor in collecting the delinquent account, fee and/or charge.
B. 
The attorneys' fees to be assessed against delinquent customers, residents or developers shall be based upon the solicitor's then-current hourly rate charged to the Township prior to litigation, and the litigation rate charged to the Township once a lien is filed as a result of a delinquency or failure of payment. Such rates are available at the Township building.
C. 
At least 30 days prior to assessing or imposing attorneys' fees, the Township will notify, by certified mail, the delinquent customer, resident or developer of its intention to impose attorneys' fees and specify the manner in which the imposition of attorneys' fees may be avoided by payment of the account. In the event certified mail is refused, the Township will send a similar notice, by regular mail, 10 days prior to imposing attorneys' fees. The notice provided shall be sent to the delinquent customer's, resident's or developer's last known post office address, as it is maintained in the office of the Tax Collector or county assessment office.