Township of Charlestown, PA
Chester County
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Table of Contents
Table of Contents
[Ord. 2014-184, 7/7/2014]
This Part shall be known as the "Charlestown Township Transportation Impact Fee Ordinance."
[Ord. 2014-184, 7/7/2014]
The purpose of this Part is to establish a Transportation 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 a transportation impact fee payable to the Township at the time of building permit issuance.
[Ord. 2014-184, 7/7/2014]
The Board of Supervisors hereby makes the following findings:
1. 
Findings of Fact.
A. 
Charlestown Township (the "Township") has experienced considerable growth in the form of residential and industrial development over the past 10 years; and
B. 
It is anticipated that such development will continue; and
C. 
It is anticipated that such future development will create a substantial impact upon the transportation facilities within the designated Transportation Service Area of the Township; and
D. 
The Board of Supervisors is required to keep all roads open, in repair and usable for the safe and convenient travel by the public; and
E. 
Fulfillment of the above duty by the Board of Supervisors will entail a substantial cost directly attributable to the impact of new development; and
F. 
The Board of Supervisors is empowered by law to impose all or portion of said cost upon new development; and
G. 
The amount of the impact fee to be imposed shall be determined by the cost of the additional transportation improvements needed to meet such minimum safety and capacity standards, which public facilities shall be identified in a capital improvements program, considering the projected growth and development in the Transportation Service Area; and
H. 
The Township hereby finds and declares that a transportation impact fee imposed upon residential and nonresidential development in order to assist in the financing of specified major transportation improvements in the designated Transportation Service Area, the demand for which is uniquely created by such development, is in the best interest of the Township and its residents, is equitable, and does not impose an unfair burden on such development.
2. 
Conditions and Standards.
A. 
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 the "Act"), and consist of:
(1) 
The recitals set forth above.
(2) 
The analysis, advice and recommendations of the Transportation Impact Fee Advisory Committee.
(3) 
The Land Use Assumptions Report, as adopted by the Board of Supervisors, including the Transportation Service Area depicted on the maps within said report.
(4) 
The Roadway Sufficiency Analysis adopted by the Board of Supervisors.
(5) 
The Transportation Capital Improvement Plan adopted by the Board of Supervisors.
(6) 
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 a transportation impact fee and consistent with the provisions of the Act and any amendments thereto.
B. 
The collection, disbursement and accounting of transportation impact fees shall be administered by the office of the Township Manager, subject to review, oversight and control by the Board of Supervisors.
C. 
The time, method and procedure for payment of impact fees shall be as set forth in § 12-114 of this Part.
D. 
The procedure for credits against or refunds of impact fees shall be as set forth in § 12-116 of this Part.
[Ord. 2014-184, 7/7/2014]
The terms and definitions set forth in Section 502-A of the Act are hereby adopted and incorporated in this Part by reference.[1]
[1]
Editor's Note: See 53 P.S. § 10502-A.
[Ord. 2014-184, 7/7/2014]
There is hereby enacted a transportation 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 the Transportation Service Area and shall be a condition precedent to final approval of a land development and/or a subdivision plan, or issuance of a building permit. In instances where development or improvement will cause an increase in the trip generation within the meaning of this Part, which development or improvement does not require subdivision or land development approval, the impact fee shall be determined as of the date of the issuance of a building permit for such improvements, paid at the time of issuance. To the extent that an applicant proposes the construction of road improvements contained in the Transportation Capital Improvements Plan, which improvements are to be performed by the applicant, the applicant shall post financial security in an amount sufficient to cover the cost of construction in a manner prescribed by the Charlestown Township Subdivision Ordinance [Chapter 22].
[Ord. 2014-184, 7/7/2014]
Transportation impact fees collected pursuant to this Part 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 for improvements within the Transportation Service Area in which the new development will be located. In addition, 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 Transportation Service Area, and including such proportionate amount of the Roadway Sufficiency Analysis as is allowed under the provisions of the Act.
[Ord. 2014-184, 7/7/2014]
1. 
The following documents, previously adopted by the Board of Supervisors, are hereby incorporated by reference in this Part:
A. 
Recommendations of the Transportation Impact Fee Advisory Committee, on March 25, 2014.
B. 
Land Use Assumptions Report as adopted by Township Resolution 2014-817-A.
C. 
Roadway Sufficiency Analysis as adopted by Township Resolution 2014-828.
D. 
The Transportation Capital Improvements Plan by Township Resolution 2014-828.
E. 
The transportation impact fee established by Township Resolution 2014-828.
F. 
Designation of the Transportation Service Area as set forth on the Transportation Service Area Map identified as Exhibit A incorporated herein by reference.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
[Ord. 2014-184, 7/7/2014]
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 assumption used to create the program.
[Ord. 2014-184, 7/7/2014]
This Part shall be uniformly applicable to all development that occurs within the designated Transportation Service Area.
No building permit shall be issued for a development in the Transportation Service Area, as herein defined, unless the applicant therefor has paid the transportation impact fee imposed by and calculated pursuant to this Part.
[Ord. 2014-184, 7/7/2014]
(Reserved)
[Ord. 2014-184, 7/7/2014]
1. 
The impact fee for transportation capital improvements shall be based upon the total costs of the road improvements included in the adopted Transportation Capital Improvements Plan within the Transportation Service Area attributable to and necessitated by new development within the Transportation 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 Report and calculated in accordance with the Trip Generation Manual published by the Institute of Transportation Engineers, most-recent edition, which is hereby adopted by the Township, to equal a per-trip cost for transportation improvements within the Transportation 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 preliminary land development and/or subdivision plan approval by multiplying the per-trip cost established for the Transportation Service Area of $1,288.98 per p.m. peak-hour trip, by the estimated number of trips to be generated by the new land development and/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 land development and/or subdivision.
[Ord. 2014-184, 7/7/2014]
1. 
The Transportation Service Area is established as shown on the "Transportation Service Area Map" (attached hereto as Exhibit A and incorporated herein by reference).
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 Part 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 the Transportation Service Area shall be used exclusively to fund transportation improvement projects scheduled for that Transportation Service Area.
[Ord. 2014-184, 7/7/2014]
1. 
Collection of Impact Fee. Impact fees due pursuant to this Part 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 transportation impact fees, the Township Manager 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 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. 
Maintenance of Records. The Township Manager 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 monies 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 Transportation Service Area.
[Ord. 2014-184, 7/7/2014]
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.
[Ord. 2014-184, 7/7/2014]
1. 
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 transportation 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.
A. 
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 shall 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 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.
B. 
An applicant shall be entitled as a credit against impact fees to an amount equal to the fair market value of land dedicated by the applicant and accepted by the Township for future rights-of-way, realignment or widening of existing roadways.
C. 
An applicant shall be entitled as a credit against impact fees to 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.
[Ord. 2014-184, 7/7/2014]
1. 
Impact fees collected pursuant to this Part shall be refunded, together with interest earned thereon, to the payor of the fees under the following circumstances:
A. 
In the event 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 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 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 therefor which is attributable to said 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.
D. 
In the event the development for which transportation 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 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 1A 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 payor's entitlement to said refund shall lapse. It is the responsibility of the payor to provide the Township with the current address of his place of business.
[Ord. 2014-184, 7/7/2014]
This Part 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, subdivision, PRD and TND regulations of the Township, which shall be operative and remain in full force and effect without limitation with respect to all such development.
[Ord. 2014-184, 7/7/2014]
The transportation 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 Part.
[Ord. 2014-184, 7/7/2014]
The provisions of this Part 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. 2014-184, 7/7/2014]
1. 
Notwithstanding § 12-118 hereof, impact fees may be imposed on those projects involving land developments, subdivisions, PRDs and TNDs for which an application has been filed on or after the adoption of the resolution dated March 4, 2013, that created the Transportation Advisory Committee in connection herewith.
2. 
In retroactive applications, the per-trip fee may not exceed $1,000 the actual calculated fee, whichever is less.