Township of West Bradford, PA Impact Fees

The purpose of this article is to establish a transportation capital impact fee program to ensure that the Township's transportation infrastructure system is available and adequate to support new growth and development. To advance this objective, there is hereby created a transportation capital impact fee (hereinafter "fee") for new development, payable to the Township at the time of building permit issuance.

§ 227-3 General findings and conditions.

The Board of Supervisors hereby finds and declares that:

The conditions and standards for the determination and imposition of the fee are set forth herein and otherwise shall follow those set forth in Act 209 of 1990,[1] as amended (hereinafter "Act"), and consist of:

(1)

The recitals set forth above;

(2)

The analysis, advice, and recommendations of the West Bradford Township Act 209 Transportation Impact Fee Advisory Committee.

[Amended 11-11-2014 by Ord. No. 2014-05]

(3)

The West Bradford Township Land Use Assumptions Report 2014 Update, as adopted by the Board of Supervisors by Resolution No. 14-05 on February 11, 2014, as may be amended from time to time.

[Amended 11-11-2014 by Ord. No. 2014-05]

(4)

The West Bradford Township Roadway Sufficiency Analysis, as adopted by the Board of Supervisors by Resolution No. 14-14 on August 12, 2014, as may be amended from time to time.

[Amended 11-11-2014 by Ord. No. 2014-05]

(5)

The West Bradford Township Transportation Capital Improvement Program, as adopted by the Board of Supervisors by Resolution No. 14-17 on September 9, 2014, as may be amended from time to time.

[Amended 11-11-2014 by Ord. No. 2014-05]

(6)

The Transportation Service Areas Map, shown as Map 1 in the West Bradford Township Land Use Assumptions Report 2014 Update, as adopted by the Board of Supervisors by Resolution No. 14-05 on February 11, 2014, as may be amended from time to time.

[Amended 11-11-2014 by Ord. No. 2014-05]

(7)

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 the fee and consistent with the Act and any amendments thereto.

[1]

Editor's Note: See 53 P.S. § 10501-A et seq.

The collection, disbursement and accounting of the fee shall be administered by the office of the Township Manager, subject to review, oversight and control by the Board of Supervisors.

The time, method and procedures for payment of the fee shall be as set forth in §§ 227-5 and 227-8 of this article.

The procedure for credits against or refunds of the fee shall be as set forth in §§ 227-10 and 227-11 of this article.

The calculation of the fee shall be as set forth in § 227-8 of this article.

Such exemptions of the fee as the Board of Supervisors shall choose to enact shall be as set forth in § 227-7 of this article.

§ 227-4 Definitions.

The terms and definitions set forth in Section 502-A of the Act are hereby adopted and incorporated into this article by reference.[1]

[1]

Editor's Note: See 53 P.S. § 10502-A.

§ 227-5 Imposition.

The fee is hereby enacted and imposed upon new development for the purpose of off-site public transportation capital improvements authorized by the Act and outlined in this article. Said fee shall apply and be uniformly applicable to all new development and/or subdivisions within the transportation service area(s) identified herein. The fee shall be a condition precedent to final approval of a land development/subdivision plan or the issuance of a building permit.

No building permit shall be issued for new development within a transportation service area unless the fee, as imposed by and calculated pursuant to this article, has been paid. The fee shall apply to an expansion of an existing use only if that expansion shall increase the number of PM peak-hour trips.

The geographic area encompassed by the transportation services areas is as shown on the Transportation Service Areas Map, shown as Map 1 in the West Bradford Township Land Use Assumptions Report 2014 Update, as adopted by the Board of Supervisors by Resolution No. 14-05 on February 11, 2014, as may be amended from time to time. The Western Transportation Service Area is generally characterized as encompassing that portion of the Township situated to the north and west of Poorhouse Road, to the west and south of a portion of Broad Run Road, to the south of a portion of Shadyside Road, to the west of a portion of Glenside Road, and to the west of Lieds Road, to the Township boundaries to Caln Township, East Fallowfield Township and Newlin Township. The Southern Transportation Service Area is generally characterized as encompassing that portion of the Township situated to the south of Old Shadyside Road, to the south of a portion of Shadyside Road, and to the south of a portion of Lieds Road, to the Township boundaries to East Bradford Township, Pocopson Township and Newlin Township. Some parcels may be located in a transportation service area and lay outside these generally characterized boundaries; in such instances the Transportation Service Areas Map shall dictate in which transportation service area a specific parcel is located.

[Amended 11-11-2014 by Ord. No. 2014-05]

§ 227-6 Uses.

The fee collected pursuant to this article shall be expended for costs incurred for transportation capital improvements attributable to new development and designated in the Transportation Capital Improvements Plan within the transportation service area in which the new development is located. The fee may also be used for the acquisition of land and rights-of-way, engineering, legal and planning costs, debt service related to road improvements, and all other costs allowed under the provisions of the Act.

§ 227-7 Exemptions.

The fee shall not be collected for subdivisions or developments under the following conditions:

New growth that has been determined by the Board of Supervisors to serve an overriding public interest shall be provided a credit against the fee of up to 100%. Some examples of this could include, but shall not be limited to, municipal uses, educational uses, or nonprofit uses. To qualify for the credit, applicants shall be required to submit an exemption request in writing to the Board of Supervisors outlining their proposed use and describing the overriding public interest served.

De minimus applications shall be exempted from the fee. De minimus applications shall mean those subdivisions and developments that can be shown to generate less than two additional PM peak-hour trips, without rounding, using the most current version of the Institute of Transportation Engineers publication Trip Generation or a mutually agreed upon traffic study. To qualify for the exemption, applicants shall be required to place a waiver request on their final plat and submit information to support their request.

§ 227-8 Calculation of impact fees.

The fee for the Western Transportation Service Area shall be $903 per PM peak-hour trip, and the fee for the Southern Transportation Service Area shall be $5,065 per PM peak-hour trip, as set forth in the West Bradford Township Transportation Capital Improvement Program, as adopted by the Board of Supervisors by Resolution No. 14-17 on September 9, 2014.

[Amended 11-11-2014 by Ord. No. 2014-05]

The amount of the fee may be amended from time to time by resolution of the Board of Supervisors in accordance with the procedures set forth in the Act.

The fee is hereby imposed upon all new subdivision and development, including expansion and change in use, and shall be determined as of the date of preliminary land development or subdivision approval by multiplying the per-trip cost established for the designated transportation service area by the estimated number of PM peak-hour trips to be generated in accordance with the most current version of the Institute of Transportation Engineers publication Trip Generation Manual.

In the event that the trip-generation characteristics of a use are not sufficiently documented in the Trip Generation Manual, the fee shall be determined by the information contained in the required traffic impact study per Chapter 385, Subdivision and Land Development, of the Code of the Township of West Bradford, as approved by the Township Transportation Engineer.

§ 227-9 Administration of impact fee.

The Township Manager or his designee shall collect the fee prior to the issuance of a building permit.

The Township Treasurer or his designee shall establish an impact fee fund where the fee shall be deposited. This fund shall be deposited in an interest-bearing account(s) in a financial institution authorized to receive deposits of the Township. Interest earned from this fund shall be credited to that account and shall be used solely for the same purpose as the original fee.

The Township Manager or Treasurer shall establish appropriate accounts for each transportation service area. These accounts shall be reflected in the Township Budget and show expected credits and payments for each project.

The Township Manager or Treasurer shall maintain and keep adequate financial records for each account that shall show the source and disbursement of all revenues. He shall ensure that the disbursement of funds shall be used solely and exclusively for the provision of projects specified in the Transportation Capital Improvements Plan for that particular transportation service area.

§ 227-10 Credits.

Any applicant who shall perform, at his own expense and with the consent and agreement of the Board of Supervisors, off-site improvements shall be eligible for a credit towards the fee in the amount of the actual cost of such improvements as verified by the Township. The Board of Supervisors shall not be obligated to accept an offer of improvement construction by an applicant.

If an 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 cost of the improvement, the schedule for the initiation and completion of the improvement, a requirement that the improvement shall be completed to Township and Pennsylvania Department of Transportation standards and criteria, and any other terms and conditions that are deemed necessary by the Board of Supervisors.

Any credit shall not exceed the amount of the fee for each development. However, provided that the applicant has other developments within the transportation service area that are in the same ownership and have received preliminary approval, credits calculated to be greater than the fee due may be applied to the fee for the applicant's other developments.

Applicants shall be required to post financial security, sufficient in the judgment of the Township Engineer, to cover the cost of any improvements installed by the applicant for which a credit is sought.

An applicant, seeking a credit and with Board of Supervisors approval, shall be entitled as a credit against the fee the 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, provided that any on-site land dedication shall not be counted unless it exceeds the requirements of Chapter 385, Subdivision and Land Development, of the Code of the Township of West Bradford.

An applicant, seeking a credit and with Board of Supervisors approval, shall be entitled as a credit against the fee the amount equal to the construction value of any road improvement that is contained in the Transportation Capital Improvements Plan that was performed at the applicant's expense.

§ 227-11 Refunds.

Fees collected pursuant to the article shall be refunded, together with earned accrued interest thereon, to the payor of the fee under the following circumstances:

(1)

In the event that the Township completes or terminates an adopted capital improvements plan for a transportation service area and there remains at the time of termination or completion undisbursed funds in the accounts established for that purpose, the Township shall provide written notice by certified mail to those persons who previously paid the fees which remain undisbursed of the availability of said funds for refund of the person's proportionate share of the fund balance.

(2)

If the Township fails to commence construction of any transportation service area road improvements within three years of the scheduled construction date set forth in a transportation capital improvements plan, any person who paid the fee pursuant to that transportation capital improvements plan shall, upon written request to the Township, receive a refund of that portion of the fee attributable to the contribution for the uncommenced road improvement, plus the interest accumulated thereon from the date of payment. However, no refund shall be paid for any improvement project actually begun prior to the receipt of such refund request.

(3)

If, upon completion of any road improvements project contained in the Transportation Capital Improvements Plan by the Township, the actual expenditures of the capital project are less than 95% of the costs properly allocable to the fee paid, the Township shall, upon written request to the Township, refund the pro rata difference between the budgeted costs and the actual expenditures, including interest accumulated thereon from the date of payment, to the applicant.

(4)

If the development for which the fee was paid is not commenced prior to the expiration of building permits, the fee with accumulated interest shall be refunded, upon written request to the Township, to the applicant. If the building permit as issued for the development is altered and the alteration results in a decrease in the amount of the fee due, the difference between the new fee and fee previously paid shall be refunded, upon written request to the Township, to the applicant. The applicant, at his option, may roll over the fee paid to cover a renewal of or a new building permit.

The allocation of refunds shall be determined by generally accepted accounting practices. In the event that any of the funds remain unclaimed following one year after the notice, which notice shall be provided to the last known address provided by the payor of the fees to the Township, the Township shall transfer any funds so remaining to the Township Capital Fund without any further obligation to refund said funds. It is the responsibility of the payor to provide the Township with, and to maintain, his current address of his place of business.

§ 227-12 Transportation impact fee as an additional requirement.

The fee is additional and supplemental to, and not in substitution of, any other requirements or fees imposed by the Township on land development and building permit issuance. Nothing herein contained shall alter or affect the Township's existing ordinances and regulations regarding on-site improvements. However, in no event shall an applicant be required to pay for off-site transportation capital improvements in addition to or in excess of the required fee.

§ 227-13 Retroactive application.

[Amended 11-11-2014 by Ord. No. 2014-05]

The fee shall be imposed upon developments and subdivisions for which a preliminary or preliminary/final plan has been accepted on or after May 15, 2013, to the effective date of this article. The retroactive fee shall be $1,000 per PM peak-hour trip generated.