This chapter may be known and shall be cited as the "East Cocalico
Township Impact Fee Ordinance."
All terms defined in Act 209 shall have the meanings set forth
in Act 209 except as specifically modified by this section. In addition,
the following words and phrases shall have the meanings set forth
in this section:
ACT 209
Article V-A of the Pennsylvania Municipalities Planning Code,
as added by the Act of December 19, 1990, P.L. 1343, and as subsequently
amended, 53 P.S. § 10501-A et seq.
ADVISORY COMMITTEE
The East Cocalico Township Impact Fee Advisory Committee,
established in accordance with Act 209.
APPLICANT
Any person who submits an application for development to
the Township.
APPLICATION FOR DEVELOPMENT
An application for approval of a subdivision or land development
plan (whether preliminary or final) or for planned residential development
approval or for a construction or zoning permit or for a certificate
of use and occupancy when no prior application for a construction
or zoning permit is required.
BOARD
The Board of Supervisors of the Township.
CONSTRUCTION PERMIT
A permit issued under the East Cocalico Township Uniform Construction Code Ordinance, codified as Chapter
84, Construction Codes, Uniform, of the Code of Ordinances.
MPC
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
NEW DEVELOPMENT
Any commercial, industrial, residential or other project
which involves new construction, enlargement, reconstruction, redevelopment,
relocation or structural alterations (including change of use) within
the Township and which is expected to generate additional vehicular
traffic within the applicable transportation service area of the Township.
PERSON
An individual, partnership, limited partnership, corporation,
limited liability company, trust, estate, or any other legally recognized
entity, and the members of such partnership and the officers, members
or managers of such corporation or company.
PROJECT
The new development proposed in an application for development.
TOWNSHIP
The Township of East Cocalico, Lancaster County, Pennsylvania.
ZONING ORDINANCE
The East Cocalico Township Zoning Ordinance of 2003, codified as Chapter
220 of the Code of Ordinances, and as may be amended or reenacted in the future.
The Township hereby establishes three transportation service
areas, identified as Eastern, Western and Southern as outlined on
the map attached hereto as Appendix A and incorporated herein by reference. Appendix A may hereafter be amended from time to time
by ordinance or resolution.
The Township hereby imposes and establishes an impact fee to
generate revenues for funding the costs of transportation capital
improvements within the Township necessitated by and attributable
to new development to the maximum extent authorized by the laws of
the commonwealth, except as exempted, credited or limited by this
chapter. The amount of the impact fee shall be determined by following
the calculations and methodology set forth in Appendix B to this chapter,
which is attached hereto and incorporated herein by reference. All new development for which an application for development
is filed after the effective date of this chapter shall pay impact
fees calculated in accordance with Appendix B. The Township, pursuant
to Section 505-A(c)(2) of Act 209, specifically imposes impact fees
in the amount of $1,000 per peak-hour trip on all new development
which Act 209 limits to such impact fee, i.e. new development proposed
by an application for development first filed with the Township after
the advertisement of notice of intent to enact an impact fee ordinance
and prior to the date of enactment of this chapter. Appendix B may
hereafter be amended from time to time by ordinance or by resolution.
The applicant shall pay the impact fee calculated in accordance
with this chapter, less any credits specifically authorized by this
chapter, prior to the issuance of a construction permit for the structure
to which the impact fee relates. Where no construction permit is required,
the applicant shall pay the applicable impact fee prior to the issuance
of a certificate of use and occupancy for the structure or land. If
the applicant fails or refuses to pay the impact fee in full, the
Township shall deny the application for a construction permit or certificate
of use and occupancy.
The Township shall place all impact fees collected under this
chapter in a capital improvement account in accordance with the requirements
of Act 209. The Township shall expend impact fees in accordance with
the requirements of Act 209 or in accordance with any waivers to which
a payor of impact fees may agree.
The following types of projects are exempt from the requirements
of this chapter:
A. Projects constructed and/or owned by the federal government, state
government, county government, the Township, or East Cocalico Township
Authority to be used by such entity in the exercise of its governmental
functions.
B. The addition to or construction of buildings for agricultural use
on properties devoted to farming. The establishment of a new dwelling
unit, home occupation, rural occupation or farm occupation on such
property shall be subject to impact fees under this chapter.
C. Additions to single-family dwellings and residential accessory structures
which do not add additional dwelling units or which will not contain
a home occupation or a rural occupation. The establishment of a new
dwelling unit, home occupation or rural occupation shall be subject
to impact fees under this chapter.
An applicant who believes that its project is subject to unreasonable hardship not of the applicant's making which results in a manifest injustice may file a request to the Board for a waiver of one or more of the provisions of this chapter. An applicant seeking a waiver shall file the written request together with the calculation of the impact fee provided in §
203-5 of this chapter. The written request for a waiver shall contain the following information:
A. The name, address and telephone number of the applicant and, if different,
the name, address and telephone number of the landowner.
B. The address and Lancaster County Tax Account Number of the property
which is the subject of the request.
C. A brief description of the project.
D. The section or sections of this chapter which the applicant requests
the Board to waive.
E. The reasons for the waiver, including, if applicable, improvements
to the Township's highway system proposed as part of the project.
Any appeal from a determination under this chapter shall be
made in accordance with Section 506-A of Act 209.
In addition to any other penalty or remedy provided by this
chapter and by applicable statutes and regulations, the Township may
institute proceedings in equity to restrain any violation of this
chapter or to require compliance with this chapter.
The Township reserves the right to review and, if appropriate,
to revise the land use assumptions, roadway sufficiency analysis,
transportation capital improvements plan, and/or any other study or
data upon which the Township based this chapter. The Township reserves
the right to review and, if appropriate, to revise this chapter should
circumstances warrant. The Board directs the Advisory Committee and
the Township Planning Commission to annually examine such matters
and make recommendations to the Board.
Nothing in this chapter shall be construed to affect any rights
acquired by the Township or any agreements concerning the payment
of impact fees or road improvement contributions entered into prior
to the enactment of this chapter. Nothing contained in this chapter
shall be construed to affect other chapters of the Code of Ordinances
of this Township. The impact fee imposed herein is in addition to
any existing or future fees, charges or taxes imposed by the Township.