[Adopted 2-26-2002 by Ord. No. 2002-02]
This article shall be known as the "West Bradford Township Transportation
Impact Fee Ordinance."
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.
The Board of Supervisors hereby finds and declares that:
A. 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, 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.
B. 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.
C. The time, method and procedures for payment of the fee shall be as set forth in §§
227-5 and
227-8 of this article.
D. The procedure for credits against or refunds of the fee shall be as set forth in §§
227-10 and
227-11 of this article.
E. The calculation of the fee shall be as set forth in §
227-8 of this article.
F. 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.
The terms and definitions set forth in Section 502-A of the
Act are hereby adopted and incorporated into this article by reference.
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.
The fee shall not be collected for subdivisions or developments
under the following conditions:
A. 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.
B. 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.
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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
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.
[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.