[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
This Part shall be known as the "New Hanover Township Impact Fee Ordinance."
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
The purpose of this Part is to update the traffic impact fee program (referred to hereinafter as the "program") to ensure that the transportation system within the Township serving its residents and the general public is and continues to be available and adequate to support new growth and development.
2.
To advance this objective, the Board of Supervisors hereby updates its impact fee, hereinafter calculated, which shall be payable to New Hanover Township at the time of, and as a condition precedent to, building permit issuance.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
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 and comply with those set forth in Act 209 of 1990,[1] and any and all amendments thereto (hereinafter referred to as the "Act"), are incorporated herein by reference, and consist of:
(1)
The analysis, advice and recommendations of the New Hanover Township Impact Fee Advisory Committee.
(2)
The recitals set forth in current Impact Fee Ordinance, and this Part.
(3)
The New Hanover Township land use assumptions as adopted in Res. No. 19-04 by the Board of Supervisors on February 7, 2019.
(4)
The New Hanover Township Roadway Sufficiency Analysis Report and Transportation Capital Improvements Plan, as adopted in Res. No. 19-11 as adopted by the Board of Supervisors on June 24, 2019.
(5)
Such other conditions and standards as the Board of Supervisors may by resolution or otherwise identify from time to time as being relevant to the imposition of an impact fee and consistent with the provisions of the Act and any amendments hereto.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
B.
The collection, disbursement and accounting of impact fees shall be administered by the office of the Township Manager, subject to supervision, review, oversight and control by the Board of Supervisors.
E.
Exemptions, if any, shall be at the discretion of the Board of Supervisors, and such exemptions as the Board shall choose to enact shall be consistent with the Act.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
The terms and definitions set forth in Section 502.A of the Act[1] are hereby adopted and incorporated into this Part by reference. The terms "traffic impact fee" and "impact fee" as used in this Part shall have the same meaning as "impact fee" used in the Act.
[1]
Editor's Note: See 53 P.S. § 10502-A.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
Impact fees collected pursuant to this Part shall be expended for such costs, fees, and expenses as may be incurred for improvements attributable to subdivision, land development and construction within transportation service area and designated in the Transportation Capital Improvements Plan adopted by the Board of Supervisors in Res. No. 19-11. Additionally, such impact fees may be used for the acquisition of land, rights-of-way, engineering, legal, planning 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 the Roadway Sufficiency Analysis permitted under the provisions of the Act.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
Where necessary and intended to assist in determining the appropriate amount of impact fees, the Township may require or permit the preparation of special traffic impact studies to determine the traffic generation or circulation patterns in new nonresidential developments only; provided, however, that no such studies may be required where the proposed development will not require a deviation from the land use assumptions used to create the program.
2.
Any special traffic impact studies required or permitted by the Township shall be submitted prior to the imposition of the traffic impact fee and shall be considered in the determination of the fee.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
The total impact fee for transportation capital improvements shall be based upon the total costs of the road improvements enumerated in the Transportation Capital Improvements Plan within a given transportation service area which are attributable to and necessitated by new development within the transportation service area, divided by the number of anticipated "new" P.M. peak-hour trips generated by all new development in the transportation service area consistent with the Land Use Assumptions Report and calculated in accordance with the Trip Generation Manual published by the Institute of Transportation Engineers, 10th Edition or subsequent editions, 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 fees for a specific new development or subdivision within a transportation service area shall be determined as of the date of preliminary land development or subdivision approval by multiplying the per-trip cost established for the service area by the estimated number of trips to be generated by the new development 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 the traffic generation or circulation for a new nonresidential development to assist in the determination of the amount of the impact fee for such development or subdivision. No special transportation study shall be required or permitted when there is no deviation from the land use assumptions resulting in increased density, intensity or trip generation by a particular development. A developer or the Board of Supervisors may, however, at any time, voluntarily prepare and submit a traffic study for a proposed development or may have such a study prepared at its expense after the development is completed to include actual trips generated by the development for use in any appeal as provided for under Act 209.[1] Any such special transportation study shall be prepared by a qualified traffic or transportation engineer using procedures and methods established by the Township based on generally accepted transportation planning and engineering standards. A special study required by the governing body shall be submitted prior to the imposition of an impact fee and shall be taken into consideration by the governing body in increasing or reducing the amount of the impact fee for the new development.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
The transportation service area is established as shown on the "Transportation Service Area Map" (attached hereto as Ex. 22-12-A and incorporated herein by reference).[1]
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
2.
Additional transportation service areas or designation of transportation service areas may be designated by the Board of Supervisors from time to time consistent with the procedure set forth in the Act and 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 subdivision, development, and construction within the transportation service area;
D.
The need for the cost of unprogrammed transportation improvement as may be determined necessary by special traffic studies or changed physical conditions to support projected subdivision, development or construction;
E.
Such other factors as the Board of Supervisors may deem relevant.
3.
Impact fees collected from development in the transportation service area will be used exclusively to fund transportation improvement projects scheduled for that district.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
There is hereby enacted an impact fee to be imposed upon any subdivision, development and construction for the purpose of off-site transportation capital improvements as may be authorized by the Act and as described in the Transportation Capital Improvement 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.
2.
In accordance with the New Hanover Township Roadway Sufficiency Analysis and Transportation Capital Improvements Plan prepared by McMahon Associates, Inc., dated June 13, 2019, the impact fee per new weekday P.M. peak-hour trip generated by new development for the transportation service area shall be in the amount of $4,152.45.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
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 of development.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
Collection. Impact fees due pursuant to this Part shall be collected by the Township Manager, subject to review, oversight and control of the Board of Supervisors, in the manner or manners prescribed herein prior to the issuance of a building permit or use and occupancy permit, whichever occurs first.
2.
Establishment of Fund. Upon receipt of 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 identified relative to the transportation service area 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.
Establishment and Maintenance of Accounts. The Township Manager shall establish appropriate accounts and shall maintain records whereby impact fees collected can be segregated for each transportation service area, if applicable.
4.
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 moneys 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. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
Payment of the impact fee shall be made by the person or applicant seeking to build or develop prior to the issuance by the Township of any building permit or use and occupancy permit or construction on the applicable site.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
Any applicant who shall perform, at his or her own expense and with the consent and agreement of the Board of Supervisors, any off-site improvements enumerated on the Roadway Sufficiency Analysis and Transportation Capital Improvements Plan 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 or she must enter into an agreement with the Township prior to the issuance of any building permit or use and occupancy 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, Montgomery County Roads and Bridges, and/or Pennsylvania Department of Transportation standards and design criteria and such other terms and conditions as deemed necessary by the Board of Supervisors, including the deposit with the Township of financial security in an amount sufficient to guarantee the construction of the improvement in the manner provided for by Article V of the Pennsylvania Municipalities Planning Code.[1] 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.
[1]
Editor's Note: See 53 P.S. 10501 et seq.
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 rights-of-way, realignment or widening of existing roadways within the transportation service area consistent with the TCIP.
4.
As a credit against impact fees, an applicant shall be entitled 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. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
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 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 that the payor's impact fee payment, plus interest earned, bears to the total impact fees collected plus interest.
B.
In the event that any specific road improvement project is completed at a cost to the Township of 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 that 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 or her option, may roll over the traffic impact fees attributable to an expired building permit to cover fees incurred by a renewal of such expired permit.
2.
With respect to refunds arising out of Subsections 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 such refund shall lapse. It is the responsibility of the payor to provide the Township with the current address of his or her place of business.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
This Part shall not affect, in any manner, the permissible use of property, the 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.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
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 or use and occupancy 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; provided, however, that a property owner may be required to pay, pursuant to Township ordinances, regulations or policies, for other public improvements or facilities (including on-site transportation capital improvements) in addition to the impact fee for off-site transportation improvements as provided herein.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
This Part shall take effect five days after its passage.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
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.