A.
This section shall be known as the "Whitpain Township Traffic Impact
Fee Ordinance."
B.
Purpose. The purpose of this section is to establish an 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 prior
to building permit issuance.
C.
General findings and conditions. The Board of Supervisors 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,[1] and any and all amendments thereto (hereinafter the "Act"),
and consist of:
(b)
The analysis, advice and recommendation of the Traffic Advisory
Committee;
(c)
The land use assumptions as adopted by the Board of Supervisors;
(d)
The roadway sufficiency analysis as adopted by the Board of
Supervisors;
(e)
The Transportation Capital Improvements Plan, as adopted by
the Board of Supervisors; and
(f)
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 et seq.
(2)
The collection, disbursement and accounting of impact fees shall
be administered by the office of the Township Manager or Secretary-Treasurer,
subject to review, oversight and control by the Board of Supervisors.
D.
Definitions. The terms and definitions set forth in Section 502-A
of the Act are hereby adopted and incorporated in this section by
reference.
E.
Imposition. 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
program adopted by the Board of Supervisors. Said 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 a subdivision plan or issuance
of a building permit.
F.
Uses. Impact fees collected pursuant to this section 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 in Resolution No. 576 for improvements
within each of the transportation service areas 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 street 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.
G.
Documents adopted by the Board of Supervisors. The following documents,
previously adopted by the Board of Supervisors, are hereby incorporated
by reference in this section:[3]
(1)
Land use assumptions as adopted by Township resolution.
(2)
Roadway sufficiency analysis as adopted by Township resolution.
(3)
The Transportation Capital Improvements Plan as adopted by Township
resolution.
(4)
The Impact Fee Schedule as established by Township resolution.
(5)
Designation of transportation districts as set forth on the Transportation
Service Area Map identified as Figure 2, Transportation Service Area,
last revised October 28, 1998, and incorporated herein by reference.
[3]
Editor's Note: Said documents are on file in the Township
offices.
H.
Special traffic studies.
(1)
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 program.
(2)
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.
I.
Applicability of impact fee. This section shall be uniformly applicable
to all development that occurs within a designated development subarea.
J.
Imposition of impact fee. No building permit shall be issued for
a development in a designated transportation district subarea, as
herein defined, unless the applicant therefor has paid the impact
fee imposed by and calculated pursuant to this section.
K.
Calculation of impact fees.
(1)
The impact fee for transportation capital improvements shall be based
upon the total costs of the street improvements included in the adopted
Transportation Capital Improvements 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
latest edition of the Trip Generation Manual published by the Institute
of Transportation Engineers which is hereby adopted by the Township,
to equal a per-trip cost for transportation improvements within the
service area.
(2)
The specific impact fee for a specific new development or subdivision
within the service area for street 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 the transportation Capital Improvement Plan by the
estimated number of trips to be generated by the new development or
subdivision using generally accepted traffic engineering standards.
(3)
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 nonresidential development to assist in the
determination of the amount of the transportation fee for such development
or subdivision.
L.
Establishment of transportation service areas.
(1)
Transportation service areas are established as shown on the Transportation
Service Area Map.
(2)
Additional transportation district subareas or combinations of transportation
district subareas may be designated by the Board of Supervisors from
time to time consistent with the procedure set forth in this section
and in consideration of the following factors:
(a)
The Comprehensive Plan;
(b)
Any standards for adequate public facilities incorporated in
the program;
(c)
The projected build-out and timing of development areas;
(d)
The need for and cost of unprogrammed transportation improvements
necessary to support projected development; and
(e)
Such other factors as the Board of Supervisors may deem relevant.
(3)
Fees collected from development in each of the transportation district
subareas will be used exclusively to fund transportation improvement
projects scheduled for that district.
M.
Nonbinding impact fee estimate. 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 specifies a lesser use of development.
N.
Administration of impact fee.
(1)
Collection of impact fee. Impact fees due pursuant to this section
shall be collected by the Township in the manner or manners prescribed
herein prior to the issuance of a building permit.
(2)
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.
(3)
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 district subarea.
(4)
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 program
for the particular transportation district subarea.
O.
Method of payment. Payment of the transportation capital improvements
impact fee shall be made by the traffic generator prior to the issuance
of a building permit by the Township to the traffic generator for
development on the applicable site.
P.
Credit. Any applicant who shall perform, at his own expense and with
the consent and agreement of the Board of Supervisors, off-site improvements,
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.
(1)
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 cost 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; provided
that 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.
(2)
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 a future right-of-way, realignment
or widening of existing streets.
(3)
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 Transportation Capital Improvements Plan and which
was performed at the applicant's expense.
Q.
Refunds.
(1)
Impact fees collected pursuant to this section shall be refunded,
together with interest earned thereon, to the payor of the fees under
the following circumstances:
(a)
In the event that the Township completes or terminates the 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.
(b)
In the event that any specific 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.
(c)
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 Transportation Capital Improvements Plan, the
Township shall refund the portion of the fee paid by any payor making
written request thereof which is attributable to said project, with
accumulated interest, provided that no refund shall be paid with respect
to any project actually begun prior to the receipt of such refund
request.
(d)
In the event that the development for which impact fees were
paid has not commenced prior to the expiration of the building permit
issued thereof, the impact fees paid with accumulated interest shall
be refunded to the payer. 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 payer, at his option, may roll over the impact
fees attributable to an expired building permit to cover fees incurred
by a renewal of said expired permit.
(2)
With respect to refunds arising out of Subsection Q(1)(a) or (b) 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 payer's entitlement to said refund shall lapse. It is the responsibility of the payer to provide the Township with the current address of his place of business.
R.
Effect of impact fee on zoning and subdivision/land development regulations.
This section 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/land development regulations
of the Township, which shall be operative and remain in full force
and effect without limitation with respect to all such development.
S.
Impact fee as additional and supplemental requirement. 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 section;
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.
T.
Liberal construction. The provisions of this section 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.
U.
Retroactive application.
(1)
Notwithstanding Subsection E hereof, impact fees may be imposed on those projects involving developments, subdivisions and PRDs for which an application has been filed on or after the first publication of notice of the Township's intent to adopt this section; provided, however, that such retroactivity does not exceed 18 months after the adoption of the resolution that created the advisory committee in connection herewith.
(2)
In retroactive applications, the per-trip fee may not exceed $1,000
or the actual calculated fee, whichever is less.
