[HISTORY: Adopted by the Board of Commissioners
of the Township of Bethlehem as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-2-2000 by Ord. No. 4-00]
This article shall be known as the "Bethlehem
Township Transportation Impact Fee Ordinance."
The purpose of this article is to establish
a transportation 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 a transportation
impact fee payable to the Township at the time of building permit
issuance.
The Board of Commissioners 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 Transportation
Impact Fee Advisory Committee;
(3)
The Land Use Assumptions Report as adopted by the
Board of Commissioners;
(4)
The Roadway Sufficiency Analysis as adopted by the
Board of Commissioners;
(5)
The Transportation Capital Improvements Plan, as adopted
by the Board of Commissioners; and
(6)
Such other conditions and standards as the Board of
Commissioners 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 Commissioners.
C.
The amount of the per-peak-hour-trip transportation impact fee shall be as set forth in § 116-13 of this article.
D.
The time, method and procedure for payment of transportation impact fees shall be as set forth in § 116-18 of this article.
E.
The procedure for credits against transportation impact fees shall be as set forth in § 116-19 of this article.
The terms and definitions set forth in Section
502-A of the Act, 53 P.S. § 10502-A, are hereby adopted
and incorporated in this article by reference.
There is hereby enacted a transportation 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 Transportation Capital Improvements Plan adopted
by the Board of Commissioners. Said transportation impact fee 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 Commissioners, are hereby incorporated by reference
in this article:
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. R093-00.
C.
Roadway Sufficiency Analysis as adopted by Resolution
No. R118-00.
D.
Transportation Capital Improvements Plan as adopted
by Resolution No. R119-00.
E.
Transportation Service Area Map prepared by Traffic
Planning and Design, Inc., attached as Exhibit 1 to the Transportation
Capital Improvements Plan, and incorporated herein by reference.
Where intended to assist in determining the
appropriate amount of traffic transportation 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, 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 development that occurs within the 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 fee imposed by and calculated pursuant
to this article.
A.
The transportation 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
the transportation service area which are attributable to and necessitated
by 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, 4th or subsequent editions, 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 peak-hour trips to be generated by the new subdivision or
land development using generally accepted traffic engineering standards.
C.
The Board of Commissioners 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 subdivision or land development.
A.
A 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 herein by reference. Additional
transportation service areas or subareas or combinations of transportation
service areas or subareas may be designated by the Board of Commissioners
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 Commissioners 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.
The amount of the per-peak-hour-trip fee for
the transportation service area shall be $717 until and unless revised
or amended in accordance with the provisions hereof and the Act, calculated
in accordance with Section 503-A(e)(1)(iv)(C) and 505-A(a)(1) of the
Act[1] and § 116-11 hereof, 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 cost 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]
|
$7,300,085
|
|
Pro-rata share of costs of Roadway Sufficiency
Analysis Report pursuant to Section 503-A(d)(5) of the Act (88% x
$27,400 = $24,112)
|
$24,112
|
|
Total
|
$7,324,197
|
|
$7,324,197 divided by 10,221 total per-peak-hour
trips = $717 per 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, 4th
or subsequent editions, during the peak-hour period designated in
this article. The applicant for such a development shall perform a
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 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 collected impact fees or the provision of such credit against
the applicant's impact fees for 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 network.
C.
The Township amends its Transportation Capital Improvement
Plan components required by Section 504-A(e)(1)(vi) of the Act to
provide replacement of the collected impact fees transferred to transportation
projects outside the Transportation Capital Improvement Plan from
sources other than 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 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 of
the Township. A copy of the report shall also 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 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 transportation impact fee. 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 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 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 § 116-17 hereof.
Any applicant who shall perform, at its own
expense and with the consent and agreement of the Board of Commissioners,
off-site improvements, 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.
A.
If the applicant makes such improvements, he shall
enter into an agreement with the Board of Commissioners 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 Commissioners.
The Board of Commissioners 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 Commissioners 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 such 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 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 which 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 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 date of the project
as set forth in the Transportation Capital Improvements 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, 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 expenditures 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, 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 renewal of said expired permit.
(Reserved)
This article 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 subdivision or development of land or provision of public
improvements which remain subject to applicable zoning, subdivision
and land development, and planned residential development (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 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 the effective date hereof, transportation
impact fees shall be imposed on those projects involving subdivisions,
land developments, and planned residential developments (PRDs) for
which an application has been filed on or after the first publication
of notice of the intent 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 fee shall be $400 as set forth in Section VI of
Resolution No. R040-99, duly adopted at a regular public meeting held
on April 19, 1999, and pursuant to which the Board of Commissioners
declared its intention to adopt this article.
