[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, § 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.