[HISTORY: Adopted by the Borough Council of the Borough of Trappe 8-2-1988 by Ord. No. 253 (Part 11, Ch. 3, of the 1987 Code). Amendments noted where applicable.]
Ordinance No. 253 shall be known as the "Borough of Trappe Municipal Facilities and Services Fund Improvement Ordinance."
Borough Council of the Borough of Trappe finds:
The Borough Council of the Borough of Trappe is required by statute to keep all roads, bridges, parks and municipal services and facilities, including roads, bridges, parks, traffic signals, curbs, sidewalks, the Municipal Building, and various and divers municipal services effectively available, well-maintained and in good repair to provide for the public health, welfare and safety.
The Borough of Trappe has previously not experienced sufficient land development to impact adversely on the costs of required municipal facilities and services, and tax revenue and user charges have, in general, been, in the past, sufficient to enable payment of the costs of municipal facilities and services required to accommodate public demand.
The residents, taxpayers and users of municipal facilities and services in the Borough of Trappe have, in the past, contributed significant funds in the form of taxes towards the costs of existing municipal facilities and services, which represent a substantial and incalculable investment in existing municipal facilities and services.
The Borough of Trappe is experiencing increased demand for development of land within the municipality, causing an adverse strain and impact on tax revenues at existing levels, and impairing the ability of taxpayers, residents and users to bear the costs of increased demand for municipal facilities and services.
Equitable considerations as well as the consideration of fair share require that future residents and users of existing municipal facilities and services contribute towards the investment already made in those facilities and services.
The level of existing municipal facilities and services is adequate to meet the present needs of the residents and users of municipal facilities and services in the Borough of Trappe, but with the additional facilities and services required, mandated and caused by the future development of property within the municipality, equitable considerations require that future residents and users of municipal facilities and services in the Borough of Trappe bear their fair share of the increased costs of additional municipal facilities and services caused by future development.
Future development of land in the Borough will impose substantial costs upon the Borough in that, among other things:
Future development will result in a growth in the burdens on the Borough's municipal facilities and services infrastructure;
Because of such growth, the accessibility and capability of the existing public streets, municipal facilities and services, and related works will require substantial improvement and support, which improvement and support are necessary to the public's health, safety, and welfare; and
The consequence of future development will necessitate and require extensive, costly changes, modifications and additional municipal facilities and services, including making necessary construction, repairs and maintenance of extensive and costly additions to the municipal road system and providing additional police protection by a municipal police force.
It is therefore necessary and proper that provisions be made for the capital fund to meet the required additional demands on municipal facilities and services arising from new development so that the municipality can provide the proper and adequate municipal facilities and services arising therefrom.
As used in this article, the following words and phrases shall have the meanings indicated:
- DWELLING UNIT, RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND OTHER APPROVED USES
- The meanings as defined and authorized by Chapter 340, Zoning.
- MUNICIPAL FACILITIES
- Roads and bridges, the resurfacing, replacement and widening thereof, equipment required to maintain roads and bridges, traffic signals, curbs and sidewalks, the Borough Municipal Building and the road maintenance building, and all necessary expansion thereof, office equipment and furnishings, parks and attendant recreational facilities, open space, stormwater drainage systems, police vehicles and police equipment, fire-fighting equipment and ambulance service equipment, and all other capital equipment and facilities required to deliver municipal services.
- MUNICIPAL FACILITIES AND SERVICES FUND
- The fund to be established and maintained from the charges imposed and paid under the requirements of this article.
- MUNICIPAL SERVICES
- Administration and administrative personnel, police service and police personnel, streetlight service, fire-fighting service and ambulance service, fire hydrant service, highway maintenance and highway maintenance personnel, and all other municipal services authorized by the Pennsylvania Borough Code.
- TRAFFIC GENERATOR
- Any landowner, developer, builder, tenant, occupant or other user of real estate who increases traffic using public streets and highways, either by the construction of new buildings or structures or by changing the existing use of land.
- Any member of the public who uses or may have occasion to use municipal facilities and services as defined in this section.
Where Council finds that the construction of new buildings or structures causes improvements or street design changes to accommodate increases in traffic flow, including but not limited to improvements that may be necessary to correct improved highway and intersection flows, ingress and egress to the public streets and highways, or traffic controls, Council shall cause the traffic generator to make a traffic study of highway and intersection flow problems, at its sole cost and expense. The traffic study shall list the need for and recommend specific improvements, shall estimate construction costs and benefits to traffic flows, and identify other issues affecting implementation of the highway traffic program. Upon receipt of such study, Council, after public hearing thereon, shall adopt a list of specific public highway improvements which Council deems necessary to correct and improve highway intersection flows. Council shall assign a total improvement cost estimate to the list of necessary improvements, together with the corresponding traffic growth capability as the result of the construction of such improvements.
Council, at the time it adopts its annual budget, shall also adopt an annual municipal facilities and services capital budget for the future development of municipal facilities and services arising from the foreseeable development of land in the Borough.
There is hereby imposed in addition to the fees and charges required under any and all other provisions of any ordinance of the Borough of Trappe, the following fees and charges, which shall be set by resolution of the Borough Council from time to time:
A charge upon every residential dwelling unit or equivalent addition to be constructed for which a building permit is issued after the effective date of this Ordinance No. 253, pursuant to the construction of new buildings or structures or by changing the existing use of land within the Borough of Trappe.
A charge per square foot of floor area or equivalent addition of every building or addition to be constructed for commercial, office, industrial or other use for which a building permit is issued for the construction of any new building or structure or by changing the existing use of land or any addition to any existing building or structure.
If Council finds that unusual circumstances exist including, but not limited to, other public improvements by the user, it may, at its discretion, modify or waive a portion or all of the fee as set forth herein.
The charges imposed herein may be modified or otherwise changed, from time to time, upon resolution duly adopted by Council.
Monies paid for the charges imposed by this chapter shall be paid into a special fund to be designated "Municipal Facilities and Services Fund of the Borough of Trappe," which shall be held and invested by Council and expended solely for payment of the costs of municipal facilities and services pursuant to the municipal facilities and services capital budget duly adopted, as herein provided.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid by a Court of competent jurisdiction, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
If the Court finds that the charges or assessments set forth in this chapter are inappropriate or improper for any reason whatsoever, then such assessment or charge as the Court may deem just and appropriate under the facts and circumstances, if any, shall be imposed, taking into account the finding of Council, the purpose of the assessment and charges, and the facts surrounding the imposition of charges for municipal facilities and services and the proposed expenditure thereof.