[HISTORY: Adopted by the Board of Supervisors
of the Township of Straban as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-7-2006 by Ord. No. 2006-05]
This article shall be known as the "Straban
Township Traffic Impact Fee Ordinance."
The purpose of this article is to establish
an impact fee program ("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 at the time of building permit issuance.
The Board of Supervisors hereby finds and declares
that:
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:
(2)
The analysis, advice and recommendations of the Impact
Fee Advisory Committee;
(3)
The Land Use Assumptions as adopted by the Board of
Supervisors;
(4)
The Roadway Sufficiency Analysis as adopted by the
Board of Supervisors;
(5)
The Transportation Capital Improvements Plan, as adopted
by the Board of Supervisors; and
(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 an impact fee and consistent
with the provisions of the Act and any amendments thereto.
B.
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.
C.
The time, method and procedure for payment of impact fees shall be as set forth in § 81-16 of this article.
The terms and definitions set forth in Section
502-A of the Act of Dec. 19, 1990, P.L. 1343, No. 209, as amended,
("the Act"; also found in 53 P.S. § 10502-A) are hereby
adopted and incorporated in this article by reference.
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.[1]
[1]
Editor's Note: This ordinance also provided: "Retroactive application. Notwithstanding § 81-5 hereof, impact fees may be imposed on those projects involving developments and subdivisions for which an application has been filed on or after the first publication of notice of the Township's intent to adopt this ordinance; provided, however, that such retroactivity does not exceed 18 months after the adoption of the resolution that created the advisory committee in connection herewith. In retroactive applications, the per-trip fee may not exceed $1,000 or the actual calculated fee, whichever is less."
[Amended 6-5-2017 by Ord.
No. 2017-01; 12-3-2018 by Ord. No. 2018-03]
Impact fees collected pursuant to this article
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. 2018-11
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 road 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.
[Amended 6-5-2017 by Ord.
No. 2017-01; 12-3-2018 by Ord. No. 2018-03]
The following documents, previously adopted
by the Board of Supervisors, are hereby incorporated by reference
in this article:
A.
Land Use Assumptions as adopted by the Township Board
of Supervisors by Township Resolution No. 2018-08.
B.
Roadway Sufficiency Analysis as adopted by Township
Resolution No. 2018-10.
C.
Transportation Capital Improvements Plan as adopted
by Township Resolution No. 2018-11.
D.
The Impact Fee Schedule as established by Township
Resolution No. 2017-05.
E.
Designation of transportation districts as set forth
on the Transportation Service Area Map identified as Exhibit A and
incorporated herein by reference.
A.
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.
B.
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.
This article shall be uniformly applicable to
all development that occurs within a designated development subarea.
[Amended 8-5-2013 by Ord. No. 2013-02; 6-5-2017 by Ord. No. 2017-01; 12-3-2018 by Ord. No. 2018-03]
No building permit or land use permit shall
be issued for a development in a designated transportation service
area, as herein defined, unless the applicant therefor has paid the
impact fee imposed and calculated pursuant to this article as follows:
|
Service Area
|
Amount Per Trip
|
|
Service Area 1
|
$1,361
|
|
Service Area 2
|
$1,217
|
|
Service Area 3
|
$3,365
|
(Reserved)
A.
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 a given
transportation service area attributable to and necessitated by new
development within the service area as defined, divided by the number
of anticipated weekday afternoon 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, 7th or subsequent editions,
which is hereby adopted by the Township, to equal a per-trip cost
for transportation improvements within the service area.
B.
The specific impact fee for a specific new development or subdivision within the service area for road improvements shall be determined as of the date of land development or subdivision approval by multiplying the per-trip cost established for the service area as determined in § 81-13 hereof by the estimated number of trips to be generated by the new development or subdivision using generally accepted traffic engineering standards. If the Township Engineer determines that the proposed use is not adequately addressed by the said Trip Generation Manual, the estimated number of peak-hour trips may be documented by other relevant studies and/or data, subject to the review by, and approval from, the Township Engineer.
C.
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.
[Amended 6-5-2017 by Ord.
No. 2017-01; 12-3-2018 by Ord. No. 2018-03]
A.
Transportation service areas are established as shown
on "Table 11, Transportation Impact Fee by Service Area, Straban Township
Act 209 Study Update" (attached hereto as Exhibit A[1] and incorporated herein by reference). 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 article and in consideration
of the following factors:
(1)
The Comprehensive Plan;
(2)
Any standards for adequate public facilities incorporated
in the program;
(3)
The projected build-out and timing of development
areas;
(4)
The need for and cost of unprogrammed transportation
improvements necessary to support projected development; and
(5)
Such other factors as the Board of Supervisors may
deem relevant.
[1]
Editor’s Note: Said Exhibit A is included as an attachment to this chapter.
B.
Fees collected from development in each of the transportation
district subareas will be used exclusively to fund transportation
improvement projects scheduled for that district.
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 or development.
A.
Collection of impact fee. Impact fees due pursuant
to this article shall be collected by the Township in the manner or
manners prescribed herein prior to the issuance of a building permit.
B.
Establishment of fund. Upon receipt of impact fees,
the Township Manager or Secretary-Treasurer 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.
C.
Establishment and maintenance of accounts. The Township
Manager or Secretary-Treasurer shall establish appropriate trust fund
accounts and shall maintain records whereby impact fees collected
can be segregated for each transportation district subarea.
D.
Maintenance of records. The Township Manager or Secretary-Treasurer
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 particular transportation district subarea.
[Amended 2-1-2016 by Ord.
No. 2016-01]
A.
Payment of the transportation capital improvements impact fee shall
be made by the developer, builder, owner, agent of the owner or other
traffic generator as follows:
(1)
If a building permit is required, prior to the issuance of a building
permit by the Township to anyone for development of the applicable
site; or
(2)
If no building permit is required, prior to the issuance of a land
use permit by the Township to anyone for use of the applicable site;
or
(3)
If no building permit or land use permit is required, prior to the
issuance of a certificate of occupancy to anyone for the applicable
site.
[Amended 2-1-2016 by Ord.
No. 2016-01]
A.
For new construction for new uses, the provisions of this Subsection A shall apply.
(1)
Any applicant who shall perform, at his own expense and with the
consent and agreement of the Board of Supervisors, off-site improvements
that fulfill the needs (in whole or in part) of the applicable transportation
improvement district in accord with the program 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.
(2)
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 (if applicable) 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 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)
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 future right-of-way, realignment
or widening of existing roadways.
(4)
An applicant shall be entitled as a credit against impact fees an
amount equal to the value of any off-site road improvement construction
which is contained in the Transportation Capital Improvements Plan,
which has been approved by the Board of Supervisors, and which was
performed at the applicant's expense. However, nothing herein
shall affect the Township's authority to require an applicant
to pay for on-site improvements as provided in the Township's
land use ordinances.
B.
For expansion or relocation of uses established after August 7, 2006, the provisions of this Subsection B shall apply.
(1)
An applicant is entitled to a credit against impact fees, provided
that the following items have been met:
(a)
The applicant originally paid the impact fee, or the applicant
has been assigned the rights to impact fees by a third party which
paid the impact fee. Any such assignment shall indicate the number
of trips associated with the site before and after the assignment
as well as the number of trips being assigned. The assignment shall
be acknowledged by both the assignor and assignee and in a form suitable
for recording.
(b)
The use of such credit may only be applied to the same lot for
which the impact fee was paid, or transferred to a lot within the
same development for which the impact fee was paid. In either case,
the lot must be within the transportation improvement district in
which the impact fee was paid.
(2)
Any credit shall not exceed the amount of the impact fee otherwise
due.
(3)
If the credit is to be transferred to a lot which had not paid an
impact fee, the lot which paid the fee (the assigning party) will
have a corresponding reduction noted; provided, however, that such
assignment may not reduce the level of traffic associated with the
assigning party's lot below that customarily associated with
the improvements on that lot. After any such assignment, any traffic
generated from that site, above that retained, will require the payment
of impact fees.
(a)
By way of example, Site A originally paid an impact fee corresponding
to 100 trips for a particular user and is a commercial setting such
that customarily 60 trips now would be assigned to the property:
[1]
Site A has the ability to assign up to 40 trips to a user on
Site B (100 trips - 40 assigned trips = 60 retained trips). Site A
cannot assign more than 40 trips.
[2]
If Site A assigns 40 trips and is then vacant (generating no
traffic), if a new use (or construction) on Site A generates 60 trips
(or fewer), no impact fee is due for Site A (60 new - 60 retained
= 0 due).
[3]
If Site A assigns 40 trips and is then vacant (generating no
traffic) and a new use (or construction) on Site A generates 90 trips,
an impact fee for 30 additional trips will be due (90 new - 60 retained
= 30 due).
[4]
If Site A assigns 40 trips and is currently being used by a
user that is generating 60 trips when the trips are assigned, and
continues that use on Site A, no impact fee will be due (60 retained
- 60 being used = 0 due).
C.
For expansion or relocation of uses established prior to August 7, 2006, the provisions of this Subsection C shall apply.
(1)
An applicant is entitled to a credit against impact fees provided
the following items have been met:
(a)
The applicant for impact fee credit generated traffic from the
site prior to August 7, 2006 (and there is no contractual or legal
determination that provides otherwise), or the applicant has been
assigned the rights to impact fees by a third party which generated
traffic prior to August 7, 2006. Any such assignment shall indicate
the number of trips associated with the site before the assignment
and after the assignment as well as the number of trips being assigned.
The assignment shall be acknowledged by both the assignor and assignee
and shall be in a form suitable for recording.
(b)
The use of such credit may only be applied to the same lot for
which the traffic was generated, or transferred to a lot within the
same development for which the traffic was generated. In either case,
the lot must be within the transportation improvement district in
which the traffic was generated.
(2)
Any credit shall not exceed the amount of the impact fee otherwise
due.
(3)
If the credit is to be transferred to a lot which had not paid an
impact fee, the lot which generated the traffic prior to August 7,
2006 (the assigning party), will have a corresponding reduction noted;
provided, however, that such assignment may not reduce the level of
traffic associated with the assigning party's lot below that
customarily associated with the improvements on that lot. After any
such assignment, any traffic generated from that site, above that
retained, will require the payment of impact fees.
(a)
By way of example, Prior to August 7, 2006, Site C generated
traffic of 100 trips, has not paid a traffic impact fee and is in
a commercial setting such that customarily 60 trips now would be assigned
to the property:
[1]
Site C has the ability to assign up to 40 trips to a user on
Site D (100 trips - 40 assigned trips = 60 retained trips). Site C
cannot assign more than 40 trips.
[2]
If Site C assigns 40 trips and is then vacant (generating no
traffic), if a new use (or construction) on Site C generates 60 trips
(or fewer), no impact fee is due for Site C (60 new - 60 retained
= 0 due).
[3]
If Site C assigns 40 trips and is then vacant (generating no
traffic) and a new use (or construction) on Site A generates 90 trips,
an impact fee for 30 additional trips will be due (90 new - 60 retained
= 30 due).
[4]
If Site C assigns 40 trips and is currently being used by a
user that is generating 60 trips when the trips are assigned, and
continues that use on Site C, no impact fee will be due (60 retained
- 60 being used = 0 due).
Impact fees collected pursuant to this article
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 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.
E.
With respect to refunds arising out of Subsection A or B hereof, any funds unclaimed within one year after notice as required by law shall be transferred to the general or other account of the Township, as the Supervisors shall direct, 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.
This article 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 regulations
of the Township, which shall be operative and remain in full force
and effect without limitation with respect to all such development.
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 article; 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.
