[Ord. No. 1107, § 1,9-14-1992]
This article shall be known as the "Plymouth Township Impact
Fee Ordinance."
[Ord. No. 1107, § 2, 9-14-1992]
The purpose of this article is to establish an impact fee pursuant
to Act 209 of 1990 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.
[Ord. No. 1107, § 3,9-14-1992]
The Council hereby finds and declares that:
(1)
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, and any and all amendments thereto (hereinafter referred
to as the "Act"), and consist of:
a.
The recitals set forth above;
b.
The analysis, advice and recommendations of the Impact Fee Advisory
Committee;
c.
The land use assumptions as adopted by the Council;
d.
The roadway sufficiency analysis as adopted by the Council;
e.
The transportation capital improvements plan (hereinafter referred
to as the "plan"), as adopted by the Council; and
f.
Such other conditions and standards as the Council may by ordinance
or 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.
(2)
The collection, disbursement and accounting of impact fees shall
be administered by the office of the Township Manager or Finance Director,
subject to review, oversight and control by the Township Council.
(3)
The time, method and procedure for payment of impact fees shall be
as set forth in this article.
(4)
The procedure for credits against or refunds of impact fees shall
be as set forth in this article.
(5)
Such exemptions as the Council shall choose to enact shall be as
set forth in this article.
[Ord. No. 1107, § 4,9-14-1992]
The terms and definitions set forth in section 502-A of the
Act are hereby adopted and incorporated in this article by reference.
[Ord. No. 1107, §§ 5, 10, 9-14-1992]
(a)
There is hereby 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 plan adopted by Council.
Such impact fee shall apply to all new developments or subdivisions
within each of the transportation service areas identified herein
and shall be a condition precedent to final approval of a development
or subdivision plan or issuance of a building permit.
(b)
No building permit shall be issued for a development in a designated
transportation service area, as herein defined, unless the applicant
therefor has paid the impact fee imposed by and calculated pursuant
to this article.
[Ord. No. 1107, § 6, 9-14-1992]
Impact fees collected pursuant to this article shall be expended
for costs incurred for improvements attributable to new development
and designated in the plan adopted by Council in Resolution No. 1992-57
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.
[Ord. No. 1107, § 7, 9-14-1992]
The following documents, previously adopted by the Council,
are hereby incorporated by reference in this article:
(1)
Land Use Assumptions Report dated January 30, 1992, as adopted by
Township Resolution No. 1992-41.
(2)
Roadway Sufficiency Analysis dated May, 1992, as adopted by Township
Resolution No. 1992-51.
(3)
The Transportation Capital Improvements Plan dated July 1992, as
adopted by Township Resolution No. 1992-57.
(4)
The Impact Fee Schedule stated in the plan as established by Township
Resolution No. 1992-57.
[Ord. No. 1107, § 8, 9-14-1992]
(a)
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 nonresidential developments only; provided, however,
that no studies may be required where the proposed development will
not require a deviation from the land use assumptions used to create
the plan.
(b)
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.
[Ord. No. 1107, §§ 9, 26, 9-14-1992]
(a)
Uniformity of application. This article shall be uniformly applicable
to all development that occurs within a designated development area.
(b)
Retroactive application. Notwithstanding subsection 19.5-30(b) of
this article, impact fees may be imposed on those projects involving
development, subdivision and PRD's for which an application has been
filed on or after the first publication of notice of the township's
intent to adopt this article; provided, however, that such retroactivity
does not exceed 18 months after the adoption of the resolution that
created the advisory committee in connection herewith.
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In retroactive applications, the per-trip fee may not exceed
$1,000 or the actual calculated fee, whichever is less.
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[Ord. No. 1107, § 22, 9-14-1992]
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.
[Ord. No. 1107, § 24, 9-14-1992]
If any provision or part of this article is held invalid, the
remaining provisions and parts of this article shall not be affected
thereby. If the application of this article or any of its provisions
or parts to any persons, property or circumstances is held invalid,
the application of this article to other persons, property or circumstances
shall not be affected thereby.
[Ord. No. 1107, § 25, 9-14-1992]
This article shall take effect on the 31st day after adoption
pursuant to section 504.C of the Home Rule Charter.
[Ord. No. 1107, § 12, 9-14-1992]
(a)
The impact fee for transportation capital improvements shall be based
upon the total costs of the road improvements included in the adopted
plan within a given transportation service area attributable to and
necessitated by new development within the service area, as defined,
divided by the number of anticipated peak-hour trips generated by
all new development consistent with the adopted land use assumptions
and calculated in accordance with the Trip Generation Manual published
by the Institute of Transportation Engineers, fifth and subsequent
editions, which is hereby adopted by the township, to equal a per-trip
cost for transportation improvements within the service area.
(b)
The specific impact fee for a specific new development or subdivision within the service area for road improvements shall be determined as of the date of preliminary land development or subdivision approval by multiplying the per-trip cost established for the service area as determined in section 19.5-43 hereof by the estimated number of trips to be generated by the new development or subdivision using generally accepted traffic engineering standards.
(c)
The Council may authorize or require the preparation of a special
transportation study in order to determine traffic generation or circulation
for a new nonresidential development to assist in the determination
of the amount of the impact fee for such development or subdivision.
(d)
The impact fee calculated and hereby imposed for the transportation
service area (Exhibit A) is $582.27 per evening peak-hour vehicle
trip.
[Ord. No. 1107, § 13, 9-14-1992]
(b)
Additional transportation district areas or combinations of transportation
district areas may be designated by Council from time to time consistent
with the procedures set forth in this article and the Act, and in
consideration of the following factors:
(1)
The Comprehensive Plan;
(2)
Any standards for adequate public facilities incorporated in
the plan;
(3)
The projected build-out and timing of development areas;
(4)
The need for and cost of unprogrammed transportation improvements
necessary to support projected development; and
(5)
Such other factors as Council may deem relevant.
(c)
Fees collected from development in each of the transportation service
areas or subareas shall be used exclusively to fund transportation
projects scheduled for that service area.
[Ord. No. 1107, § 14, 9-14-1992]
Prior to making an application for a building permit, an applicant
may request a nonbuilding 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 specifies
a lesser use or development.
[Ord. No. 1107, § 15, 9-14-1992]
(a)
Collection of impact fee. Impact fees due pursuant to this article
shall be collected by the township in the manner prescribed herein
and in the Act prior to the issuance of a building permit.
(b)
Establishment of fund. Upon receipt of impact fees, the Township
Manager or Finance Director 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 the 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 or
Finance Director 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 or Finance Director
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 moneys 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 plan for
the particular transportation service area.
(e)
Annual accounting and reports. Annually the township shall account
for any fund account containing impact fee proceeds and earned interest.
Such accounting shall include the total funds collected, the source
of the funds collected, the total amount of interest accruing on such
funds and the amount of funds expended on specific transportation
improvements under the plan. Notice of the availability of the results
of the accounting shall be included and published as part of the annual
audit required of the township. A copy of the report shall also be
provided to the Impact Fee Advisory Committee established under the
Act.
[Ord. No. 1107, § 16, 9-14-1992]
Payment of the transportation capital improvements impact fee
shall be made in cash, certified check or bank check subject to collection
by the person seeking to build or develop prior to the issuance of
a building permit by the township to such person for development on
the applicable site.
[Ord. No. 1107, § 17, 9-14-1992]
(a)
Any applicant who shall perform, at his/her/its own expense and with
the consent and agreement of Council, off-site improvements specified
in the plan shall be eligible for a credit from the impact fee otherwise
due in the amount of the actual costs of such off-site improvements
as approved by the Township Engineer. Such credit shall not exceed
the amount of the impact fee.
(b)
If the applicant makes such improvements, he/she/it must enter into an agreement with Council prior to the issuance of any building permit. The agreement must establish the estimated costs of the improvements, the schedule for initiation and completion of the improvements, a requirement that the improvements be completed to township and Pennsylvania Department of Transportation standards and design criteria, and such other terms and conditions as deemed necessary by Council, including the deposit with the township of financial security in an amount sufficient to guarantee the construction of the improvements in the manner provided for such under Article V of the Pennsylvania Municipalities Planning Code.[1] The Council must review the improvement plan, verify costs
and time schedules, determine if the improvements are eligible improvements
and determine the amount of the applicable credit for such improvements
to be applied to the otherwise applicable impact fee prior to issuance
of any building permit. In no event shall Council 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(c)
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.
(d)
An applicant shall be entitled as a credit against impact fees an
amount equal to the value of any road improvement construction which
is contained in the plan and which was performed at the applicant's
expense.
[Ord. No. 1107, § 18, 9-14-1992]
(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 that the township completes or terminates the 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 that any specified road improvement project is
completed at a cost to the township less than 95% of the budgeted
cost of the road 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 that the township fails to commence construction
within three years of the scheduled construction date of the project
as set forth in the plan, the township shall refund the portion of
the fee paid by any payor making written request therefor which is
attributable to such 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 that 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/her/its option, may roll over
the impact fees attributable to an expired building permit to cover
fees incurred by a renewal of such expired permit.
(b)
With respect to refunds arising out of subsections (a)(1) and (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 such refund shall lapse. It is the responsibility of the payor to provide the township with the current address of his/her/its place of business.
[Ord. No. 1107, § 19, 9-14-1992]
This article shall not affect, in any manner, the permissible
use of property, density of development, previously adopted design
and improvements standards and requirements or any other aspect of
the development of land or provision of public improvements which
remain subject to applicable zoning, subdivision, land development
and PRD regulations of the township, which shall be operative and
remain in full force and effect without limitation with respect to
all such development.
[Ord. No. 1107, § 20, 9-14-1992]
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.
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 the Act, township ordinances,
regulations or policies, for other public improvements or facilities
(including on-site transportation capital improvements) in addition
to the impact fee for off-site transportation improvements as provided
herein.
[Ord. No. 1107, § 21, 9-14-1992]
The per-trip cost for the transportation service area shall
be as follows: Cost per evening peak-hour vehicle trip shall be $582.27.
