[Ord. 144, 1/19/2011, § 1]
This Chapter 22B shall be known as the "Upper Nazareth Township Impact Fee Ordinance."
[Ord. 144, 1/19/2011, § 2]
The purpose of this Chapter 22B is to establish an Impact Fee Program, including a Transportation Capital Improvements Plan to ensure that the transportation system situate within the Township and servicing its residents and the general public is and continues to be available and adequate to support new growth and development. To advance this objective, there is hereby created an impact fee as hereinafter calculated which shall be payable to the Township at the time of and as a condition precedent to building permit issuance.
[Ord. 144, 1/19/2011, § 3]
1.
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 consistent with and comply
with those set forth in the Act of December 19, 1990, P.L., No. 209,
§ 1, 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 Upper Nazareth
Township Capital Improvements Advisory Committee.
(3)
The Upper Nazareth Township Land Use Assumptions as adopted
in a resolution by the Board of Supervisors on June 2, 2010.
(4)
The Upper Nazareth Township Roadway Sufficiency Report as adopted
in a resolution by the Board of Supervisors on June 2, 2010.
(5)
The Transportation Capital Improvements Plan, as adopted in
a resolution by the Board of Supervisors on November 17, 2010.
(6)
Such other conditions and standards as the Board of Supervisors
may by resolution or otherwise 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, subject to supervision,
review, oversight and control by the Board of Supervisors.
[Ord. 144, 1/19/2011, § 4]
The terms and definitions set forth in 53 P.S. and § 10502-A of the Act are hereby adopted and incorporated, as though more fully set forth in this Chapter 22B by reference.
[Ord. 144, 1/19/2011, § 5]
There is hereby enacted an impact fee to be imposed upon any
subdivision, land development or construction for the purpose of off-site
transportation capital improvements as may be authorized by the Act
and as described in the Transportation Capital Improvements Plan adopted
by the Board of Supervisors. Said impact fee shall apply to all subdivisions,
developments and construction within the transportation service area
identified herein and shall be a condition precedent to final approval
of a land development plan, a subdivision plan or issuance of a building
permit or use and occupancy permit as may be necessary.
[Ord. 144, 1/19/2011, § 6]
Impact fees collected pursuant to this Chapter 22B shall be expended for such costs, fees and expenses as may be incurred for improvements attributable to subdivision, land development and construction within the Transportation Service Area and designated in the Transportation Capital Improvements Plan adopted by the Board of Supervisors in a resolution. 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.
[Ord. 144, 1/19/2011, § 7]
1.
The following documents, previously adopted by the Board of Supervisors, are hereby incorporated by reference in this Chapter 22B:
A.
Land Use Assumptions as adopted by the Township in a resolution,
as may be amended from time to time.
B.
Roadway Sufficiency Analysis as adopted by the Township in a resolution,
as may be amended from time to time.
C.
The Transportation Capital Improvements Plan as adopted by the Township
in a resolution, as may be amended from time to time.
D.
The Impact Fee Schedule as established by Township resolution.
E.
Designation of transportation district as set forth in the Transportation
Service Area Map identified as Transportation Service Areas and incorporated
as though more fully depicted herein by reference.
[Ord. 144, 1/19/2011, § 8]
1.
Where necessary and intended to assist in determining the appropriate
amount of traffic impact fees, the Township at the discretion of the
Board of Supervisors may require the preparation of special transportation
studies to determine the traffic generation or circulation patterns
in nonresidential developments only that will generate 500 or more
p.m. Peak Hour Trips; provided, however, that studies may be waived
as part of the planning procedure where the proposed development will
not require deviation from the land use assumptions approved by the
Township as the basis of the program.
2.
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.
[Ord. 144, 1/19/2011, § 9]
This Chapter 22B shall, except to the extent provided herein, be uniformly applicable to all subdivision, development and construction that occurs within the designated Transportation Service Area.
