[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.
[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.
[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.
