[Ord. 144, 1/19/2011, § 15]
1. Impact fees due pursuant to this Chapter
22B shall be collected by the Township in the manner or manners prescribed herein or as modified by action of the Board of Supervisors prior to and as a precondition for the issuance of the building permit or use and occupancy permit, whichever first occurs.
2. Upon receipt of impact fees, the Township designee shall be responsible
for the separate and proper accounting of such fees. All such fees
shall be deposited in an interest bearing account in a bank authorized
to receive deposits of the Township funds. Interest earned by such
account shall be credited to the account and shall be used solely
for the purpose specified for funds of such account.
3. The Township designee shall establish appropriate fund accounts and
shall maintain records whereby impact fees collected can be segregated
for each transportation service area.
4. The Township Manager or his/her designee shall maintain and keep
adequate financial records for such accounts as will show the source
and disbursement of all revenues, which shall account for all monies
received, and which shall ensure that the disbursement of the funds
from each account shall be used solely and exclusively for the provision
of projects specified in the Intersection Improvement Program.
[Ord. 144, 1/19/2011, § 16]
Payment of the transportation capital improvements impact fee
shall be made by the traffic generator prior to and as a precondition
for the issuance of a building permit or use and occupancy permit
by the Township for development or construction on the applicable
site.
[Ord. 144, 1/19/2011, § 17]
1. Any applicant who shall perform, at applicants own expense and with
the consent and agreement of the Board of Supervisors which shall
be within the sole discretion of the Board, off-site traffic improvements,
as herein defined, shall be eligible for a credit from the impact
fee otherwise due in the amount of the actual cost of such off-site
traffic 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 a prior
written agreement with the Board of Supervisors in advance of the
issuance of any building permit or use and occupancy permit. The agreement
must establish the estimated cost of the improvement, the schedule
of initiation and completion of the improvement, the financial security
for the said 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 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 or use and occupancy permit. In no event shall the Board of
Supervisors provide a credit which is greater than the applicable
impact fee. Provided, any such applicant shall be required to supply
financial security, in the form of a letter of credit or cash, sufficient
in the discretion of the Township, to cover the cost of any such improvement
to be installed by the applicant for which credit is sought.
B. Any applicant shall be entitled to credit against impact fees an
amount equal to the agreed upon fair market value of land dedicated
by the applicant and accepted by the Township in its discretion for
future off-site right-of-way, realignment or widening of existing
roadways within intersections that were studied as part of the capital
improvements plan.
C. An applicant shall be entitled to credit against impact fees 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 and with the consent and approval
of the Board of Supervisors.
[Ord. 144, 1/19/2011, § 18]
1. Impact fees collected pursuant to this Chapter
22B 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 without adoption of a new or amended capital improvement plan
and there remain undisbursed funds, the respective payors shall be
entitled to a share of the fund balance in the same portion as the
payor's impact fee payment plus interest earned bears to the
total impact fees collected plus interest.
B. In the event any road improvement project within the transportation
service area not the subject of additional improvement plans 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 at the same pro rata value.
C. In the event that 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, without revision
of said plan and construction date, the Township shall refund the
portion of the fee paid by any payor making written request therefor,
with accumulated interest, provided no refund shall be paid with respect
to any project actually begun prior to the receipt of such refund
request even if said initiation date shall be more than three years
beyond the scheduled construction date.
With respect to refunds arising out of the Subsections 1A or B, hereof, any funds unclaimed within one year after notice as required by law shall be transferred to the general fund 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 payor's current address at all times.
|