[Ord. 2009-15, 12/17/2009, § 162-1]
This chapter shall be known as the "Lower Macungie Township
Transportation Impact Fee Ordinance."
[Ord. 2009-15, 12/17/2009, § 162-2]
The purpose of this chapter is to establish an transportation
impact fee program to ensure that the Township's 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. 2009-15, 12/17/2009, § 162-3]
1.
The Board of Commissioners hereby finds and declares that:
A.
The conditions and standards for the determination and imposition
of the transportation impact fee set forth herein are those set forth
in Article V-A of the Pennsylvania Municipalities Planning Code, Act
209 of 1990, 53 P.S. § 10501-A et seq., 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 Lower Macungie
Township Transportation Impact Fee Advisory Committee.
(3)
The land use assumptions as adopted by the Board of Commissioners.
(4)
The roadway sufficiency analysis as adopted by the Board of
Commissioners.
(5)
The Transportation Capital Improvements Plan as adopted by the
Board of Commissioners.
(6)
Such other conditions and standards as the Board 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.
B.
The collection, disbursement, and accounting of transportation impact
fees shall be administered by the Township staff, subject to review,
oversight, and control of the Township Board of Commissioners.
C.
The amount of the per peak-hour trip transportation impact fees shall be as set forth in § 22B-111 of this chapter.
D.
The time, method, and procedure for payment of transportation impact fees shall be as set forth in § 22B-118 of this chapter.
[Ord. 2009-15, 12/17/2009, § 162-4]
The terms and definitions set forth in § 502-A of
the Act (53 P.S. § 10502-A) are hereby adopted and incorporated
in this chapter by reference.
[Ord. 2009-15, 12/17/2009, § 162-5]
There is hereby enacted a transportation impact fee to be imposed
upon new development for the purpose of off-site public transportation
capital improvements as authorized by the Act and as described in
the Transportation Capital Improvements Plan adopted by the Board
of Commissioners. Said transportation impact fees 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 and/or issuance
of a building permit.
[Ord. 2009-15, 12/17/2009, § 162-6]
Transportation impact fees collected pursuant to this chapter
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 Commissioners in Res. 2009-40 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 cost of preparing the roadway sufficiency analysis as
is allowed under the provisions of the Act.
[Ord. 2009-15, 12/17/2009, § 162-7; amended by
Ord. No. 2018-06, 9/6/2018
1.
The following documents, previously adopted by the Board of Commissioners,
are hereby incorporated by reference into this chapter:
A.
Recommendations of the Lower Macungie Township Transportation Impact
Fee Advisory Committee, including those set forth in the documents
identified below.
B.
Land use assumptions as adopted by Township Res. No. 2016-27.
C.
Roadway sufficiency analysis as adopted by Township Res. No. 2018-11.
D.
Transportation Capital Improvements Plan as adopted by Township Res.
No. 2018-12.
E.
The impact fee schedule as established by Township resolution.
F.
Designation of Transportation Service Areas as set forth on the Transportation
Service Area Map as established by Township Res. No. 2018-12. (This
map is attached hereto as Exhibit A and incorporated herein by reference).
[Ord. 2009-15, 12/17/2009, § 162-8]
1.
Where a new nonresidential development is proposed which deviates from the land use assumptions resulting in increased density, intensity, or trip generation, the developer may be required to prepare a special transportation study in order to assist the Township in determining traffic generation or circulation patterns and to serve as the basis for the determination of the appropriate amount of transportation impact fees for such development or subdivision. Such transportation studies shall conform to the requirements of Chapter 22A. No studies, however, may be required where the proposed development will not require a deviation from the land use assumptions used to create the Transportation Capital Improvements Plan.
2.
Any such studies required by the Township shall be submitted prior
to the imposition of the transportation impact fee and shall be considered
in the determination of the fee.
[Ord. 2009-15, 12/17/2009, § 162-9]
This chapter shall be uniformly applicable to all new development
that occurs within a designated transportation service area.
[Ord. 2009-15, 12/17/2009, § 162-10]
No building permit shall be issued for in conjunction with any
new development in a designated transportation service area, as herein
defined, unless the applicant therefore has paid the impact fee imposed
by and calculated pursuant to this chapter.
[Ord. 2009-15, 12/17/2009, § 162-12]
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 a given transportation
service area attributable to and necessitated by new development within
the 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 and calculated in accordance with the
Trip Generation Manual published by the Institute of Transportation
Engineers, 6th or subsequent editions, which is hereby adopted by
the Township, to equal a per-trip cost for transportation improvements
within the service area.
2.
The specific transportation impact fee for a specific new development
or subdivision within a transportation service area for road improvements
shall be determined as of the date of preliminary land development
or subdivision approval by multiplying the per-trip cost established
for the transportation service area by the estimated number of PM
peak-hour trips to be generated by the new development or subdivision
using the Trip Generation Manual published by the Institute of Transportation
Engineers, 6th or subsequent editions as amended.
3.
The Board of Commissioners may authorize or require the preparation
of a special transportation study in order to determine traffic generation
or circulation for a new nonresidential subdivision or development
to assist in the determination of the amount of the transportation
fee for such subdivision or development.
[Ord. 2009-15, 12/17/2009, § 162-13]
1.
The East and West Transportation Service Areas are established as
shown on the "Transportation Service Area Map" prepared by Safe Highway
Engineering, LLC. (See Exhibit A.)
[Amended by Ord. No. 2018-06, 9/6/2018]
2.
Additional transportation district subareas or combinations of transportation
district subareas may be designated by Board of Commissioners from
time to time consistent with the procedure set forth in this chapter
and in consideration of the following factors:
A.
The Township 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 developments.
E.
Such other factors as the Board of Commissioners may deem relevant.
3.
Fees collected from development in each of the transportation service
areas and/or transportation district subareas, as the case maybe,
will be used exclusively to fund transportation improvement projects
scheduled for that area or subarea.
[Ord. 2009-15, 12/17/2009, § 162-14; amended by
Ord. No. 2018-06, 9/6/2018]
1.
The amount of per peak-hour trip fee for the East Transportation
Service Area is $2,512 and the amount of per peak-hour trip fee for
the West Transportation Service Area is $2,560, unless either is revised
or amended in accordance with the provisions hereof and the Act. These
costs were calculated in accordance with § 503-A(e)(1)(iv)(C)
and § 505-A(a)(1) of the Act as follows, 53 P.S. §§ 10503-A(e)(1)(iv)(C)
and § 505-A(a)(1).
2.
The impact fee calculations for development improvements are summarized
in the following table. It should be noted that this table includes
the costs to prepare the portion of the Roadway Sufficiency Analysis
attributable to new land developments. The cost of the Roadway Sufficient
Analysis is $22,250. Since 30.7% of the total cost of the improvements
in the Transportation Capital Improvement Program is anticipated to
be funded by impact fees, 30.7% of the cost incurred by the Township
for the preparation of the Roadway Sufficiency Analysis is eligible
to be funded with impact fees.
|
Transportation Impact Fee
| |||||
|---|---|---|---|---|---|
|
Transportation Impact Fee
|
Future Build Transportation Capital Improvement Costs
()
|
Roadway Sufficiency Analysis
(B)
|
Total
(A)+(B) = (C)
|
New Development Evening Peak Hour Trip
(D)
|
Act 209 Transportation Impact Fee (cost per trip)
(C)/(D)
|
|
West
|
$1,962,790
|
$819
|
$1,963,609
|
767
|
$2,560
|
|
East
|
$14,409,902
|
$6,012
|
$14,415,932
|
5,738
|
$2,512
|
[Ord. 2009-15, 12/17/2009, § 162-15]
There is hereby imposed an additional impact fee upon new developments
which generate 1,000 or more new peak-hour trips, net of pass-by trips
as defined by the Trip Generation Manual published by the Institute
of Transportation Engineers, 6th or subsequent editions, during the
peak-hour period designated in this chapter. The applicant for such
a development shall perform traffic analysis of development traffic
impact on highways, roads, or streets outside the transportation service
area in which the development site is located but within the boundaries
of Lower Macungie Township. Any such highways, roads or streets or
parts thereof outside the transportation service area which will accommodate
10% or more of development traffic and 100 or more new peak-hour trips
shall be studied, and the applicant shall mitigate the traffic impacts
of the development on such highways, roads, and streets to maintain
the predevelopment conditions after completion of the development.
[Ord. 2009-15, 12/17/2009, § 162-16]
1.
Any other provisions of this chapter to the contrary notwithstanding,
in accordance with the provisions of Act, Lower Macungie Township
may expend transportation impact fees paid by an applicant on projects
not contained in the Transportation Capital Improvement Plan or may
provide credit against the transportation impact fees for the value
of any constructions projects not contained in the Transportation
Capital Improvement Plan or may provide credit against transportation
impact fees for the value of any construction projects not contained
in the Transportation Capital Improvement Plan which are performed
at the applicant's expense if all of the following criteria are
met:
A.
The applicant has provided written consent to use of its transportation
impact fees or the provision of such credit against the applicant's
transportation impact fees for the specific transportation projects
which are not included in the Transportation Capital Improvement Plan.
B.
The alternative transportation projects, whether highway or multi-modal,
have as their purpose the reduction of traffic congestion or the removal
of vehicle trips from the roadway work.
C.
Lower Macungie Township amends its Transportation Capital Improvement
Plan components required by § 504-A(e)(1)(vi) of the Act,
53 P.S. § 10504-A(e)(1)(vi), to provide replacement of the
collected transportation impact fees transferred to transportation
projects outside the Transportation Capital Improvement Plan from
sources other than transportation impact fees or developer contributions
within three years of completion of the alternative projects to which
the transferred fees were applied or for which credit was provided.
All interest earned on such funds shall become funds of that account.
Lower Macungie Township shall make an accounting annually 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 account
shall be included and published as part of the annual audit required
by Lower Macungie Township. A copy of the report shall also be provided
to the Transportation Impact Fee Advisory Committee.
[Ord. 2009-15, 12/17/2009, § 162-17]
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 specified
a different type of development upon the site.
[Ord. 2009-15, 12/17/2009, § 162-18]
1.
Collection of Impact Fee. Transportation impact fees due pursuant
to this chapter 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 staff 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.
3.
Establishment and Maintenance of Accounts. The Township staff shall
establish appropriate trust fund accounts and shall maintain records
whereby transportation impact fees collected can be segregated for
each Transportation Service Area.
4.
Maintenance of Records. The Township staff 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 Service Area.
[Ord. 2009-15, 12/17/2009, § 162-19]
Payment of the transportation impact fee shall be made by the
applicant prior to the issuance of a building permit by the Township
in conjunction with new development. The transportation impact fee
shall be paid to the Township in cash, bank cashier's check,
certified check, or electronic fund transfer approved by the Board
of Commissioners and shall be administered by the Township in accordance
with the provisions of this chapter.
[Ord. 2009-15, 12/17/2009, § 162-20]
1.
Any applicant who performs, at his own expense and with the consent
and agreement of the Board of Commissioners, 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 transportation impact fee.
A.
An applicant shall be entitled, as a credit against transportation
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.
B.
If the applicant makes such improvements, he must enter into an agreement
with the Board of Commissioners, 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 Commissioners.
The Board of Commissioners 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. The amount of such credit
for any capital improvement constructed shall be the amount allocated
in the Transportation Capital Improvement Plan, including contingency
factors, for such improvement. In no event shall the Board of Commissioners
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 transportation impact fee due, the applicant
may use such excess credit toward the transportation 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.
C.
An applicant shall be entitled, as a credit against transportation
impact fees, to 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. The fair market value
of any land dedicated to and accepted by the Township shall be determined
as of the date of the submission of the subdivision or land development
application to the Township.
[Ord. 2009-15, 12/17/2009, § 162-21]
1.
Impact fees collected pursuant to this chapter 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 Transportation
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 transportation impact fee
payment (plus interest earned) bears to the total transportation impact
fees collected (plus interest earned). The Township shall provide
written notice by certified mail to each person who previously paid
the fees and remain undisbursed that such person's proportionate
share of the fund balance is available for refund to such person.
Such notice shall be provided to the last known address provided by
the payor of the transportation impact fees to the Township. In the
event that any of the funds remain unclaimed following one year after
the notice, the Township shall be authorized to transfer any funds
so remaining to any other fund of the Township without any further
obligation to refund said funds. It shall be the responsibility of
the payor to provide the Township, at all times, with a current address
for such notice.
B.
In the event any specific road improvement project is completed at
a cost to the Township that is 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 of a project
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 transportation impact fee
paid by any payor making written request therefore 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. Failure of a payor to make such written request
prior to the commencement of such project shall be deemed a waiver
of any right to such refund. Commencement being defined herein as
the start of any type of work on the project, including, but not limited
to, earthwork; issuance of notifications; filing of applications;
issuance of permits; surveying, engineering and design work; initiating
condemnation actions; and/or land acquisition.
D.
In the event the new development for which transportation impact
fees were paid has not commenced prior to the expiration of the building
permit issued therefore, the transportation 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 transportation 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 transportation impact fees
attributable to an expired building permit to cover fees incurred
by a renewal of said expired permit.
[Ord. 2009-15, 12/17/2009, § 162-22]
This chapter shall not affect, in any manner, the permissible
use of the property, density of development, previously adopted design,
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, and PRD regulations of
the Township, which shall be operative and remain in full force and
effect without limitation with respect to all such development.
[Ord. 2009-15, 12/17/2009, § 162-23]
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 chapter; 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 transportation impact fee for transportation improvements
as provided herein.
[Ord. 2009-15, 12/17/2009, § 162-24]
The provisions of this chapter 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. 2009-15, 12/17/2009, § 162-25]
1.
Any person required to pay a transportation impact fee shall have
the right to contest the land use assumptions, the development and
implementation of the Transportation Capital Improvement Plan, the
imposition of transportation impact fees, the periodic updating of
the Transportation Capital Improvement Plan, the refund of transportation
impact fees, and all other matters relating to transportation impact
fees, including the constitutionality or validity of this chapter
by filing an appeal with the Lehigh County Court of Common Pleas.
2.
A master may be appointed by the Court to hear testimony on the issues
and return the record and a transcript of the testimony, together
with a report and recommendations, or the Court may appoint a master
to hold a nonrecord hearing and to make recommendations and return
the same to the Court, in which case either party may demand a hearing
de novo before the Court.
3.
Any cost incurred by parties in such an appeal shall be the separate
responsibility of the parties.
[Ord. 2009-15, 12/17/2009, § 162-26]
1.
Notwithstanding the effective date of this chapter, transportation
impact fees may be imposed on those projects involving development,
subdivision, and PRDs for which an application has been filed on or
after the first Publication of notice of the Township's intent
to adopt this chapter; provided, however, that such retroactivity
does not exceed 18 months after the adoption of the resolution that
created the Township's Transportation Impact Fee Advisory Committee.
2.
In retroactive applications, the per-trip fee may not exceed $1,000
or the actual calculated fee, whichever is less.
