[HISTORY: Adopted by the Board of Supervisors of the Township
of Lehigh 7-8-2008 by Ord. No. 2008-5. Amendments noted where applicable.]
[Adopted 7-8-2008 by Ord. No. 2008-5; amended in its entirety 10-10-2017 by Ord. No. 2017-8]
This article shall be known as the "Lehigh Township Traffic
Impact Fee Ordinance."
The purpose of this article is to amend Ordinance No. 2008-5
and to re-establish a new 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 an 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 impact fee set forth herein are those set forth in Act 209
of 1990,[1] 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 Impact Fee Advisory
Committee;
(3)
The Land Use Assumptions Report as adopted by the Board of Supervisors
by Township Resolution No. 2017-7, on March 28, 2017;
(4)
The Roadway Sufficiency Analysis as adopted by the Board of Supervisors
by Township Resolution No. 2017-9, on July 11, 2017;
(5)
The Transportation Capital Improvements Plan, as adopted by the Board
of Supervisors by Township Resolution 2017-12, on August 22, 2017;
(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 an impact fee and consistent with the provisions
of the Act and any amendments thereto.
[1]
Editor's Note: See 53 P.S. § 10501-A.
B.
The collection, disbursement and accounting of impact fees shall
be administered by the office of the Manager, subject to review, oversight
and control by the Board of Supervisors.
The terms and definitions set forth in Section 502-A of the
Act[1] are hereby adopted and incorporated in this article by
reference.
[1]
Editor's Note: See 53 P.S. § 10502-A.
There is hereby re-enacted an 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 Supervisors.
Said impact fee shall apply to all new development or subdivisions
within the transportation service areas identified herein ("transportation
service areas") and shall be a condition precedent to final approval
of a development or a subdivision plan or issuance of a building permit.
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 adopted
by the Board of Supervisors on August 22, 2017, 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 designated 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 this article.
B.
Land Use Assumptions Report as adopted by Township Resolution No.
2017-7, the terms and provisions of which report are incorporated
herein by reference.
C.
Roadway Sufficiency Analysis as adopted by Township Resolution No.
2017-9, the terms and provisions of which are incorporated herein
by reference.
D.
The Transportation Capital Improvements Plan as adopted by Township
Resolution No. 2017-12, the terms and provisions of which are incorporated
herein by reference.
E.
The Impact Fee Schedule as established by Township Resolution 2017-13,
the terms and provisions of which, together with such amendments thereto
as may from time to time be adopted by the Board of Supervisors, are
incorporated herein by reference.
F.
The description of the transportation service areas are areas of
the Township consisting of seven square miles, or less, the same being
more fully set forth on Map No. 1 of 3 (Transportation Service Areas
With Zoning), dated August 1, 2017, contained in the Transportation
Capital Improvements Plan and incorporated herein by reference.
Where intended to assist in determining the appropriate amount
of traffic impact fees, the Township may require the preparation of
special transportation studies to determine the traffic generation
or circulation patterns in new developments. Any such studies required
by the Township shall be submitted prior to the imposition of the
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 areas identified herein.
No zoning or building permit shall be issued for construction
or occupancy in the transportation service areas, as identified herein,
unless the applicant therefor has paid the "impact fee" imposed by
and calculated pursuant to this article.
The Board of Supervisors, pursuant to resolution, may, from
time to time, pursuant to specific criteria, exempt an applicant from
the payment of traffic impact fees pursuant to the following two conditions
only, as set forth in the Act:
A.
The 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 areas identified herein and attributable to and necessitated
by new development within the said transportation service areas, divided
by the number of anticipated p.m. peak hour trips (exclusive of pass
by trips) generated by all new development consistent with the adopted
Land Use Assumptions Report and calculated in accordance with Trip
Generation, published by the Institute of Transportation Engineers,
7th or subsequent editions, which is hereby adopted by the Township,
to equal a per-trip cost for transportation improvements within the
transportation service areas.
B.
The specific impact fee for a specific new development or subdivision
within the transportation service areas for transportation capital
improvements shall be determined by the estimated number of trips
to be generated by the new development or subdivision based upon Trip
Generation, 7th edition (or succeeding editions thereof), as published
by the Institute of Transportation Engineers. If the Township Engineer
determines that the proposed use is not adequately covered by "Trip
Generation," the estimated number of trips may be documented by other
relevant studies and/or data, subject to review and approval by the
Township Engineer.
C.
The Board of Supervisors may authorize or require the preparation
of a special transportation study in order to determine traffic generation
or circulation for a new development to assist in the determination
of the amount of the impact fee for such development or subdivision.
A.
Transportation service areas are established as shown on Map 1 of
3 (Transportation Service Areas With Zoning), dated August 1, 2017,
contained in the Transportation Capital Improvements Plan.
B.
Additional transportation service areas or combinations of transportation
service areas may be designated by the Board of Supervisors from time
to time in consideration of the following factors:
(1)
The Township's Comprehensive Plan;
(2)
Any standards for adequate public facilities incorporated in the
Impact Fee Program;
(3)
The projected build-out and timing of development area;
(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.
C.
Fees collected from development in each of the transportation service
areas will be used exclusively to fund transportation improvement
projects scheduled for that area.
Prior to making an application for a building permit, an applicant
may request a nonbinding 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 specified
a lesser use of development.
A.
Collection of impact fee. 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 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 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 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 Impact Fee Program for
the particular transportation service area.
Payment of the impact fee shall be made by the applicant prior
to the issuance of a zoning or building permit by the Township to
the applicant for development on the applicable site.
Any applicant who shall perform, at his expense and with the
prior consent and agreement of the Board of Supervisors, off-site
improvements contained in the Transportation Capital Improvements
Plan as herein defined, shall be eligible for a credit from the impact
fee otherwise due in the amount of the actual cost of such off-site
improvements as approved by the Township Engineer. Such credit shall
not exceed the amount of the impact fee.
A.
If the applicant makes such improvements, he must enter into an agreement
with the Board of Supervisors prior to the issuance of any building
permit. The agreement must establish the estimated costs 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 and such other terms
and conditions as deemed necessary by the Board of Supervisors. The
Board of Supervisors must 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 impact fee prior to issuance
of any building permit. In no event shall the Board of Supervisors
provide a credit which is greater than the applicable impact fee.
If, however, the amount of the credit is calculated to be greater
than the amount of the impact fee due, the applicant may use such
excess credit toward the 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 impact fees,
an amount equal to the fair market value of land dedicated by the
applicant and accepted by the Township for future right-of-way, realignment
or widening of existing roadways for construction of road improvements
contained in the Transportation Traffic Improvements Program. There
shall be no credit given for dedication of land for roads, easements,
rights-of-way, recreation or other purposes required by the Lehigh
Township Subdivision and Land Development Ordinance.[1]
A.
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:
(1)
In the event the Township completes or terminates the Transportation
Capital Improvements Plan and there remain undisbursed funds, the
respective payors shall be entitled to a share of the fund balance
in the same proportion as the payor's impact fee payment plus interest
earned bears to the total impact fees collected plus interest.
(2)
In the event any specific Transportation Capital Improvement Plan
project is completed at a cost to the Township less than 95% of the
budgeted cost of the project, the Township shall refund an amount
equal to the excess budgeted cost over actual cost to the payors,
pro rata, plus accumulated interest.
(3)
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 Improvement 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 no refund shall be paid with respect to any project actually
begun prior to the receipt of such refund request.
(4)
In the event the development for which impact fees were paid has
not commenced prior to the expiration of the building permit issued
therefor, the 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 indicated impact fee, the
difference between the amount indicated and the amount actually paid
shall be refunded. The payor, at his option, may roll over the impact
fee attributable to an expired building permit to cover impact fees
required by a renewal of said expired permit.
B.
With respect to refunds arising out of Subsection A(1) or (2) hereof, any funds unclaimed within one year after notice as required by law shall be transferred to the general account of the Township, and the payor's entitlement to said refund shall lapse. It is the responsibility of the payor to provide the Township with the current address of his place of business.
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 development of land or provision of public improvements which
remain subject to applicable zoning and subdivision regulations of
the Township, which shall be operative and remain in full force and
effect without limitation with respect to all such development.[1]
A.
The 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.
B.
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, however, that a property owner
may be required to pay, pursuant to Township ordinances, regulations
or policies, for other public facilities in addition to the impact
fee for transportation improvements as subdivided herein.
The provisions of this article shall be liberally construed
to effectively carry out its purposes which are hereby found and declared
to be in furtherance of the public health, safety, welfare and convenience.
All ordinances, code sections or parts thereof in conflict herewith
or inconsistent herewith shall be repealed to the extent of such conflict.
Should any sentence, section, clause, part or provision of this
article be declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of this article as a whole,
or any part thereof, other than the part declared to be invalid.
This article shall take effect at the earliest date allowed
by law.
