[Ord. 91-O-13, 11/16/1991, § 1]
This Part shall be known and may be cited as the "Newtown Township
Traffic Impact Fee Ordinance."
[Ord. 91-O-13, 11/16/1991, § 2]
The following terms shall have the following meanings when used
in this Part.
A charge or fee imposed by Newtown Township against new development
in order to generate revenue for funding of costs of Transportation
capital improvements necessitated by and attributable to new development.
Any commercial, industrial, or residential or other project
which involves new construction, enlargement, reconstruction, redevelopment,
relocation or structural alteration, and which is expected to generate
additional vehicular traffic within a transportation service area
of Newtown Township.
Those public capital improvements which are not on-site improvements
and that serve the needs of more than one development.
All improvements constructed on the applicant's property,
or the improvements constructed on the property abutting the applicant's
property necessary for the ingress or egress to the applicant's property,
and required to be constructed by the applicant pursuant to any Township
ordinance, including, but not limited to, the Newtown Township Building
Code, Subdivision and Land Development Ordinance, PRD regulations
and Zoning Ordinance.
The construction enlargement, expansion or improvement of
public highways, roads or streets. It shall not include bicycle lanes,
bus lanes, bus-ways, pedestrian ways, rail lines or tollways.
Those off-site road improvements that have a life expectancy
of three or more years, not including costs for maintenance, operation
or repair.
A geographically defined portion of Newtown Township not
to exceed seven square miles of area which, pursuant to the comprehensive
plan and applicable district zoning regulations, has an aggregation
of sites with development potential creating the need for transportation
improvements within such area to be funded by impact fees. No area
may be included in more than one transportation service area.
[Ord. 91-O-13, 11/16/1991, § 3]
[Ord. 91-O-13, 11/16/1991, § 4]
1.
The impact fee for transportation capital improvements shall be based
upon the total costs of the road improvements included in the adopted
capital improvements plan within a given transportation service area
attributable to and necessitated by new development within the service
area, 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 or subsequent
edition 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 transportation service area for road improvements shall
be determined as of the date of the preliminary land development or
subdivision approval by multiplying the per peak hour trip cost established
for the transportation service area as set forth in the capital improvements
plan, and as adjusted pursuant to subsection (C) (4) of this Part,
by the estimated number of peak hour trips to be generated by the
new development or subdivision using generally accepted traffic engineering
standards.
3.
Where a new nonresidential development or subdivision is proposed
which deviates from the land use assumptions resulting in increased
density, intensity or trip generation, Newtown Township may require
the preparation of a special transportation study in order to determine
traffic generation or circulation for the new nonresidential development
to assist in the determination of the amount of the transportation
fee for such development or subdivision. When required by Newtown
Township, the study shall be submitted prior to the imposition of
an impact fee and shall be taken into consideration by Newtown Township
in increasing or reducing the amount of the impact fee for the new
development for the amount shown on the impact fee schedule adopted
by Newtown Township.
4.
Traffic impact fees may be used for those costs incurred for improvements
designated in the Newtown Township Transportation Capital Improvements
Plan which are attributable to new development, including the acquisition
of land and rights-of-way; engineering, legal and planning costs;
and all other costs which are directly related to road improvements
within the transportation service areas, including debt service.
5.
Impact fees shall not be imposed or used for costs associated with
any of the following:
A.
Construction, acquisition, or expansion of Township facilities other
than capital improvements identified in the Newtown Township Transportation
Capital Improvements Plan.
B.
Repair, operation, or maintenance of existing or new capital improvements.
C.
Upgrading, updating, expanding or replacing existing capital improvements
to serve existing developments in order to meet stricter safety, efficiency,
environmental or regulatory standards not attributable to new development.
D.
Upgrading, updating, expanding or replacing existing capital improvements
to remedy deficiencies in existing development or fund deficiencies
in existing municipal capital improvements resulting from a lack of
adequate municipal funding over the years for maintenance or capital
construction costs.
E.
Preparing and developing the land use assumptions, roadway sufficiency
analysis and transportation capital improvements plan, except that
impact fees may be used for no more than a proportionate amount of
the cost of professional consultants incurred in preparing a roadway
sufficiency analysis of infrastructure within a specified transportation
service area, such allowable proportion to be calculated by dividing
the total costs of all road improvements in the adopted transportation
capital improvement program within the transportation service area
attributable to projected future development within the service area,
by the total costs of all road improvements in the adopted transportation
capital improvement program within the specific transportation service
area.
F.
The impact fee set forth in the Capital Improvements Plan shall be
adjusted annually in accordance with the ENR (Engineering News Record)
Cost index for the construction cost in the Philadelphia area.
[Ord. 91-O-13, 11/16/1991, § 5]
1.
The Administration Office of the Township of Newtown shall administer
the collection, disbursement and accounting of impact fees imposed
pursuant to this Part.
2.
Any impact fee collected by a municipality pursuant to this Part
shall be deposited by the Township into an interest bearing fund account
designed solely for impact fees, clearly identifying the transportation
service area from which the fee was received. Funds collected in one
transportation service area must be accounted for and expended within
that transportation service area and such funds shall be expended
for that portion of the transportation capital improvements identified
as being funded by impact fees under the transportation capital improvements
plan. All interest earned on such funds shall become funds of that
account. Newtown Township shall undertake an annual accounting for
any fund account containing impact fee proceeds and earned interest.
Such accounting shall include, but not be limited to, 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. Notice of the availability of
the results of the accounting shall be included and polished as part
of the annual audit required of the Township. A copy of the report
shall also be provided to the Newtown Township Traffic Impact Fee
Advisory Committee.
[Ord. 91-O-13, 11/16/1991, § 6]
1.
All transportation impact fees imposed under the terms of this Part
shall be payable at the time of the issuance of building permits for
the applicable new development or subdivision. Newtown Township may
provide for the deposit with the Township of financial security in
an amount sufficient to cover the costs of the construction of any
road improvement contained in the transportation capital improvement
plan which is performed by the applicant.
2.
All impact fees shall be paid by certified or bank check made payable
to the "Township of Newtown, Bucks County, Pennsylvania.
[Ord. 91-O-13, 11/16/1991, § 7]
1.
An applicant shall be entitle to a credit against the impact fee
in the amount of the fair market value of any land dedicated by the
applicant to Newtown Township for future right-of-way, realignment
or widening of any existing roadways or for the value of any construction
of road improvements contained in the transportation capital improvements
program which is performed at the applicant's expense. The amount
of such credit for any capital improvement constructed shall be the
amount allocated in the capital improvement program, including contingency
factors, and as adjusted pursuant to subsection (D)(4) of this Part
for such work. The fair market value of any land dedicated by the
applicant shall be determined as of the date of the submission of
the 1 development or subdivision application to the Township. Such
credit shall not exceed the amount of the then-current impact fee.
2.
If the applicant makes such improvements for which a credit is to
be granted, 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/or applicable 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 improvement
for which credit is available, 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 the credit is calculated
to be greater than the amount of the impact fee due, the applicant
may use such excess credit towards the impact fees imposed other building
permits for development on the same site and in the same ownership;
Provided, however, 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.
3.
Impact fees previously collected by Newtown Township shall be refunded,
together with earned accrued interest thereon, to the payer of such
fees from the date of payment under any of the following circumstances:
A.
In the event that Newtown Township terminates or completes an adopted
capital improvements plan for a transportation service area and there
remains at the time of termination or completion undispersed funds
in the accounts established for that purpose, Newtown Township shall
provide written notice by certified mail to those persons who previously
paid the fees which remain undispersed of the availability of said
funds for refund of the person's proportionate share of the fund balance.
The allocation of the refund 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 Newtown
Township, Newtown Township shall transfer any funds so remaining to
any other fund in Newtown Township without any further obligation
to refund said funds.
B.
If Newtown Township fails to commence construction of any transportation
service area road improvements within three years of the scheduled
construction date set forth in the transportation capital improvements
plan, any person who paid any impact fees pursuant to that transportation
capital improvements plan shall, upon written request to Newtown 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.
C.
If, upon completion of any road improvements project, the actual
expenditures of the capital project are less than 95% of the costs
properly allocable to the fee paid within the transportation service
area in which the Township shall refund the pro rata difference between
the budgeted costs and the actual expenditures, including interest
accumulated thereon from the date of payment, to the person or persons
who paid the impact fees for such improvements.
4.
If the new development for which transportation impact fees were
paid is not commence prior to the expiration of building permits issued
for the new development within the time limits established by the
Newtown Building Code, or if the building permit as issued for the
new development is altered and the alteration resulting in a decrease
in the amount of the impact fee due in accordance with the calculations
set forth in § 1303(1) of this Part.
[Ord. 91-O-13, 11/16/1991, § 8]
1.
Nothing in this Part shall be deemed to alter or affect Newtown Township's
existing power to require an applicant for Township approval of any
new development or subdivision from paying for the installation of
on-site improvements as provided for in the Newtown Township Subdivision
and Land Development Ordinance.
2.
Those improvements subject to being funded by impact fees imposed
pursuant to this Part, to any road, street or highway which qualifies
as a State highway or a portion of the rural State highway system
as provided in § 102 of the act of June 1, 1945 (P.L. 1242,
No. 428), known as the "State Highway Law," may be funded from impact
fees in an amount not to exceed 50% of the total cost of such improvements.
3.
Any improvements to Federal-aid or State highways to be funded in
Part by impact fees shall require the approval of the Department of
Transportation. Nothing in this Part shall be deemed to alter or diminish
the powers, duties or jurisdiction of the Department of Transportation
with respect to State highways or the rural State highway system.
4.
The Board of Supervisors may periodically request the impact fee
advisory committee appointed pursuant to Act 209 of 1990, to review
the capital improvements plan and impact fee charges and make recommendations
for revisions for subsequent consideration and adoption by the Board
of Supervisors based only on the following:
A.
New subsequent development which has occurred in Newtown Township.
B.
Capital improvements contained in the capital improvements plan,
the construction of which has been completed.
C.
Unavoidable delays beyond the responsibility of Newtown Township
in the construction of capital improvements contained in the plan.
D.
Significant changes in the land use assumptions.
E.
Significant changes in the estimated costs of the proposed transportation
capital improvements.
F.
Significant changes in the projected revenue from all sources listed
needed for the construction of the transportation capital improvements.
[Ord. 91-O-13, 11/16/1991, § 9]
The boundaries and fee schedules for the transportation service
areas shall be set forth in the transportation capita improvements
plan duly adopted by the Board of Supervisors. The Board of Supervisors
may amend the boundaries and the fee schedules from time to time by
resolution. The impact fees set forth in the Capital Improvements
Plan shall be adjusted annually in accordance with the ENR (Engineering
News Record) cost index in the Philadelphia area.
[Ord. 91-O-13, 11/16/1991, § 10]
The provisions of this Part are retroactively applicable, for
a period of 18 months after April 1991, the date of adoption of Resolution
91-R-40 creating the Newtown Township Impact Fee Advisory Committee,
to preliminary or tentative applications for land development, subdivision
or PRD with Newtown Township.
[Ord. 91-O-13, 11/16/1991, § 11]
1.
Any person required to pay an impact fee shall have the right to
contest the land use assumptions, the development and implementation
of the transportation capital improvement program, the imposition
of impact fees, the periodic updating of the transportation capital
improvement program, the refund of impact fees and all other matters
relating to impact fees, including the constitutionally or validity
of this Part by filing an appeal with the court of common pleas.
2.
Any cost incurred by parties in such an appeal shall be the separate
responsibility of the parties.
