[Adopted 1-25-2010 by Ord. No. 2010-01]
This article shall be known as the "East Hanover Township Lebanon
County Transportation Impact Fee Ordinance."
The purpose of this article is to establish a transportation
impact fee 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 East
Hanover Township, Lebanon County at the time of building permit issuance.
[See 53 P.S. § 10505-A(e) of the Pennsylvania Municipalities
Planning Code.]
The East Hanover Township Board of Supervisors 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 Act 209 of 1990, Article V-A, Municipal Capital Improvement, of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10501-A
et seq., and any and all amendments thereto (hereinafter the "Act"),
and consists of:
(1)
The recitals set forth above;
(2)
The analysis, advice and recommendations of the Transportation Impact
Fee Advisory Commission;
(3)
The Land Use Assumptions Report as adopted by the East Hanover Township
Board of Supervisors;
(4)
The Roadway Sufficiency Analysis as adopted by the East Hanover Township
Board of Supervisors;
(5)
The Transportation Capital Improvements Plan, as adopted by the East
Hanover Township Board of Supervisors; and
(6)
Such other conditions and standards as the East Hanover Township
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 East Hanover Township Secretary/Treasurer,
subject to review, oversight and control by the East Hanover Township
Board of Supervisors.
C.
The amount of the per-peak-hour-trip transportation impact fees shall be set forth in § 74-21 of this article.
D.
The time, method and procedure for payment of transportation impact fees shall be as set forth in § 74-28 of this article.
E.
The procedures for credits against transportation impact fees shall be as set forth in § 74-29 of this article.
The terms and definitions set forth in 53 P.S. § 10502-A
of the Act are hereby adopted and incorporated by reference in full
in this article, as if they were attached hereto.
There are hereby enacted transportation impact fees to be imposed
upon new development, as defined in the Act, for purpose of off-site
public transportation capital improvements authorized by the Act and
as described by the Transportation Capital Improvements Plan adopted
by the East Hanover Township Board of Supervisors. Said transportation
impact fees shall apply to all new subdivision and land developments
within the transportation service areas established pursuant hereto,
and the imposition and payment shall be a condition precedent to final
approval of a subdivision or land development plan and issuance of
a building permit.
Transportation impact fees collected pursuant to this article
shall be expended for costs incurred for improvements attributable
to new development and designated in the Transportation Capital Improvements
Plan for improvements within 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 transportation service area, and including
such proportionate amount of the Roadway Sufficiency Analysis as is
allowed under the provisions of the Act.
The following documents, previously adopted by the East Hanover
Township Board of Supervisors, are hereby incorporated by reference
in full in the ordinance, as if attached hereto:
A.
Recommendations of the Transportation Impact Fee Advisory Committee,
including those set forth in the documents identified below.
B.
Land Use Assumptions Report as adopted by Resolution No. 2009-17.
C.
Roadway Sufficiency Analysis as adopted by Resolution No. 2009-18.
D.
Transportation Capital Improvements Plan as adopted by Resolution
No. 2009-19.
E.
Transportation Service Areas Map as prepared by the East Hanover
Township Traffic Impact Fee Advisory Committee assisted by Hanover
Engineering Associates, Inc., and incorporated by reference in full
herein, as if attached hereto.
Where a new nonresidential development is proposed which deviates from the land use assumptions resulting in increased density, intensity or trip generation, the developer shall be required to prepare a special transportation study in order to assist the Township in determining traffic generation or circulation and to serve as the basis for the determination of the amount of the transportation impact fee for such development or subdivision. Such transportation studies shall conform to the requirements of Chapter 185, Subdivision and Land Development, of the Code of East Hanover Township. Any such studies shall be submitted prior to the imposition of the impact fee and shall be considered in the determination of said fee.
This article shall be uniformly applicable to all developments
that occur within the defined transportation service areas.
No building permit shall be issued for development in the transportation
service areas hereto unless the applicant therefore has paid the transportation
impact fees imposed by and calculated pursuant to this article.
The following new development or subdivision shall be exempt
from the imposition of the impact fee adopted pursuant to this article:
A.
De minimus application which shall apply only to a one-lot residential
subdivision for the purpose of a single residential dwelling, from
a parcel not previously subdivided, which in the sole judgment of
the Board of Supervisors, will have little or no material impact upon
the Township's existing transportation system.
A.
The transportation impact fees 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 areas, which are attributable to and necessitated
by the new development within the transportation service areas as
calculated in accordance with the Act and herewith, divided by the
number of anticipated peak-hour trips generated by all new development
consistent with a) the adopted Land Use Assumptions Report and b)
calculated in accordance with the Trip Generation Manual published
by the Institute of Transportation Engineers, eighth or subsequent
editions, as amended, which is hereby adopted by the East Hanover
Township Board of Supervisors, to equal a per-trip cost for transportation
improvements within the transportation service areas.
B.
The specific transportation impact fee for a specific new subdivision
or land development within a transportation service area for road
improvements shall be determined as of the date of preliminary subdivision
or land development approval by multiplying the per-trip cost established
for the transportation service area by the estimated number of peak-hour
trips to be generated by the new subdivision or land development using
the Trip Generation Manual published by the Institute of Transportation
Engineers, eighth or subsequent editions, as amended.
C.
The East Hanover Township 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 transportation
fee for such subdivision or land development.
A.
Transportation Service Area West and Transportation Service Area
East are established as shown on the Transportation Service Area Map
prepared by the East Hanover Township Transportation Impact Fee Advisory
Committee, assisted by Hanover Engineering Associates, Inc., incorporated
by reference in full herein. Additional transportation service areas
or subareas or combinations of transportation service areas or subareas
may be designated by the East Hanover Township Board of Supervisors
from time to time, consistent with the procedure set forth in this
article and in consideration of the following factors.
(1)
The Comprehensive Plan;
(2)
Any standards for adequate public facilities incorporated in the
Transportation Capital Improvement Plan;
(3)
The projected build-out and timing of development areas;
(4)
The need for and cost of unprogrammed transportation improvements
necessary to support projected development; and
(5)
Such other factors as the East Hanover Township Board of Supervisors
may deem relevant.
B.
Fees collected from development in each transportation service area
or subarea will be used exclusively to fund transportation improvements
projects scheduled for that area or subarea.
The amount of per-peak-hour-trip fee for Transportation Service Areas West and East shall be $1,080 per Saturday peak hour trip, and $2,062 per weekday p.m. peak hour of adjacent street traffic trip, respectively, unless revised or amended in accordance with the provisions hereof and the Act, shall be calculated in accordance with §§ 10504-A(e)(1)(iv)(C) and 10505-A(a)(1) of the Act and § 74-21 hereof, as follows:
A.
Transportation service area west. Total costs of road improvements
in Transportation Service Area West included in the adopted Transportation
Capital Improvements Plan attributable to and necessitated by new
development within the Transportation Service Area, including 50%
of the estimated costs of improvements to highways, roads and streets
qualifying as a state highway or portion of the rural highway system
as provided in 36 P.S. § 670-102 of the State Highway Law.
(1)
Total costs attributable to Transportation Service Area West: $9,510,422,
collectable through the imposition of transportation impact fees in
this transportation service area.
B.
Transportation service area east. Total costs of road improvements
in Transportation Service Area East included in the adopted Transportation
Capital Improvements Plan attributable to and necessitated by new
development within the Transportation Service Area, including 50%
of the estimated costs of improvements to highways, roads and streets
qualifying as a state highway or portion of the rural highway system
as provided in 36 P.S. § 670-102 of the State Highway Law.
(1)
Total costs attributable to Transportation Service Area East: $8,590,615
collectable through the imposition of transportation impact fees in
this transportation service area.
There is hereby imposed an additional transportation 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, eighth or
subsequent editions, during the peak-hour period designated in this
article. The applicant for such a development shall perform traffic
analysis of developments traffic impact on highways, roads or streets
outside the transportation service area in which the development site
is located but within the boundaries of East Hanover 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 hours trips shall be studied, and the applicant
shall mitigate the traffic impacts of the development on such highways,
roads and streets to maintain the pre-development conditions after
completion of the development.
Any other provisions of this article to the contrary notwithstanding,
in accordance with the provisions of Act, East Hanover 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 construction 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 multimodal,
have as their purpose the reduction of traffic congestion or the removal
of vehicle trips from the roadway work.
C.
East Hanover Township amends its Transportation Capital Improvement
Plan components required by 53 P.S. § 10504-A(e)(1)(vi)
of the Act 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 for 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. East Hanover Township shall make
an accounting annually for any fund account containing transportation
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 availability of the results of the accounting shall be included
and published as part of the annual audit required by East Hanover
Township in conjunction with the Municipalities Planning Code. A copy
of the report shall also be provided to the Transportation Impact
Fee Advisory Committee.
Prior to making an application for a building permit, an applicant
may request a nonbinding transportation impact fee estimate from East
Hanover Township which shall be based upon the maximum development
potential of the site pursuant to existing zoning regulation, unless
the applicant specifies use of the development.
A.
Collection of transportation impact fees due pursuant to this article
shall be collected by the East Hanover Township in the manner or manners
prescribed herein prior to the issuance of a building permit.
B.
Establishment of the fund. Upon receipt of transportation impact
fees, East Hanover Township 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 East Hanover 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.
C.
Establishment and maintenance of accounts. The East Hanover Township
Secretary/Treasurer shall establish appropriate trust fund accounts
and shall maintain records whereby transportation impact fees collected
can be segregated for each transportation service area.
D.
Maintenance of records. The East Hanover Township Secretary/Treasurer
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 Transportation
Capital Improvements Plan for the particular transportation service
area.
The transportation impact fee for a specific subdivision or land development shall be paid prior to the issuance of the building permit for the development. The transportation impact fee shall be paid to the municipality in cash, bank cashier's check, certified check or electronic fund transfer approved by the East Hanover Township Board of Supervisors and shall be administered by East Hanover Township in accordance with the provisions of § 74-27 hereof.
Any applicant, who shall perform, at its own expense and the
consent and agreement of the East Hanover Township Board of Supervisors,
off-site improvement, as herein defined, shall be eligible for a credit
from a transportation impact fee otherwise due. Such credit shall
not exceed the amount of the transportation impact fee that would
have been charged if a credit was not due.
A.
An applicant shall be entitled as a 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.
B.
If the applicant makes such improvements, he shall enter into an
agreement with the East Hanover Township Board of Supervisors prior
to the issuance of any building permit. The agreement shall establish
the estimated cost of the improvements, the schedule for initiation
and completion of the improvement, a requirement that the improvement
be completed to East Hanover Township and Pennsylvania Department
of Transportation standards and design criteria, as applicable, and
such other terms and conditions as deemed necessary by the East Hanover
Township Board of Supervisors. The East Hanover Township Board of
Supervisors, or its designees, 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 transportation
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 Improvements Plan, including
contingency factors, for such improvements. In no event shall the
East Hanover Township Board of Supervisors provide a credit which
is greater than the applicable transportation 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.
Any such applicant shall be required to supply financial security
sufficient, in the judgment of the East Hanover Township Board of
Supervisors, to cover the cost of any improvement installed by the
applicant for which credit is sought.
C.
An applicant shall be entitled as a credit against transportation
impact fees an amount equal to fair market value of land dedicated
by the applicant to East Hanover Township and accepted by East Hanover
Township for future right-of-way, realignment or widening of existing
roadways. The fair market value of any land dedicated to and accepted
by East Hanover Township shall be determined as of the date of the
submission of the subdivision or land development application to East
Hanover Township.
Transportation impact fees collected pursuant to this article
shall be refunded, together with interest earned thereon, to the payer
of the transportation impact fees under the following circumstances:
A.
In the event East Hanover Township terminates or completes the Transportation
Capital Improvements Plan and there remains at the time of termination
or completion undisbursed funds, the respective payers shall be entitled
to a share of the fund balance in the same proportion as the payer's
transportation impact fee payment plus interest earned bears to the
total transportation impact fees collected plus interest. East Hanover
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 payer of the transportation impact fees to East Hanover
Township. In the event that any of the funds remain unclaimed following
one year after the notice, East Hanover Township shall be authorized
to transfer any funds so remaining to any other fund in East Hanover
Township without any further obligation to refund said funds. It shall
be the responsibility of the payer to provide East Hanover Township
at all times with a current address for such notice.
B.
In the event East Hanover Township fails to commence construction
as evidenced by issuance of a notice to proceed to a contractor, or
physical construction of the project, within three years of the scheduled
construction dates of the project as set forth in the Transportation
Capital Improvement Plan, East Hanover Township shall refund the portion
of the transportation impact fee paid by any payer making written
request therefore which is attributable to said project, with accumulated
interest; provided, nevertheless that no refund shall be payable or
paid with respect to any project actually commenced prior to the receipt
of such refund request, and the failure of a payer to make such written
request prior to the commencement of such project shall be deemed
a waiver of any right to such refund.
C.
In the event that, upon completion of any road improvements project,
the actual expenditure for the project is less than 95% of the budgeted
costs for such project, East Hanover Township shall refund the pro
rata difference between the budgeted costs and the actual expenditures,
including interest accumulated thereon from the date of payment, to
the person or persons who paid the impact fees for such improvements.
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 therefore, the transportation impact fees paid with
accumulated interest shall be refunded to the payer. Further, if a
building permit after issuance is altered in such a way as to reduce
the amount of the transportation impact fee due, the difference between
such amount and the amount actually paid shall be refunded. The payer,
at its options, may roll over the transportation impact fees attributable
to an expired building permit to cover fees incurred by a new permit.
This article shall not affect, in any manner, the permissible
use of property, density or development, previously adopted design
and improvement standards and requirements or any other aspect of
the subdivision or land development or provision of public improvements
which remain subject to applicable zoning, subdivision and land development
and planned residential development regulations of East Hanover Township,
which shall be operative and remain in full force and effect without
limitation with respect to such development.
The transportation impact fee is additional and supplemental
to, and not in substitution of, any other requirements imposed by
East Hanover Township on the development of land or the issuance of
building permits. Nothing herein contained shall be deemed to alter
or affect East Hanover Township 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 article;
provided, nevertheless, that a property owner may be required to pay,
pursuant to East Hanover Township ordinances, regulations or policies,
for other public facilities in addition to the transportation impact
fee as provided herein.
It is hereby found and declared to be the intention of East
Hanover Township that the public health, safety and welfare be protected
and furthered by the provisions of this article, and it shall be interpreted
and construed liberally to effectively carry out its purposes and
in such manner as to favor public interest as opposed to any private
interest.
A.
Any person required to pay an impact fee shall have the right to
contest the land use assumptions, the development and implementation
of the transportation capital improvement program, the imposition
of impact fees, the periodic updating of the transportation capital
improvement program, the refund of impact fees and all other matters
relating to impact fees, including the constitutionality or validity
of the impact fee ordinance by filling an appeal with the Court of
Common Pleas.
B.
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.
C.
Any cost incurred by parties in such an appeal shall be the separate
responsibility of the parties.
This article shall take effect five days after adoption by the
East Hanover Township Board of Supervisors.
