[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Future development of land in the Borough will impose
substantial costs upon the Borough in that, among other things:
(1)
Future development will result in a growth in the
burdens on the Borough's municipal facilities and services infrastructure;
(2)
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
(3)
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.
(4)
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:
The meanings as defined and authorized by Chapter 340, Zoning.
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.
The fund to be established and maintained from the charges
imposed and paid under the requirements of this article.
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.
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.
A.
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.
B.
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:[2]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
