[HISTORY: Adopted by the Board of Supervisors of West Nantmeal
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-8-2008 by Ord.
No. 107]
This article shall be known as the "West Nantmeal Township Transportation
Impact Fee Ordinance."
The purpose of this article is to insure that the cost of needed
capital improvements be applied to new developments in a manner that
will equitably allocate the costs of those improvements among property
owners who develop their land by establishing a transportation capital
improvements impact fee and to ensure that the Township's transportation
infrastructure system is available and adequate to support new growth
and development.
The Board of Supervisors hereby finds and declares that:
A.
The conditions and standards for the determination and imposition
of the fee (as hereinafter defined) are set forth herein and otherwise
shall follow those set forth in the Act[1] and consist of:
(1)
The recitals set forth above.
(3)
The West Nantmeal Township Land Use Assumptions Report dated June
9, 2008, revised August 4, 2008, as adopted by the Board in Resolution
No. 164 on August 11, 2008, as may be amended from time to time.
(4)
The West Nantmeal Township Roadway Sufficiency Analysis dated July
1, 2008, revised August 4, 2008, as adopted by the Board in Resolution
No. 165 on August 11, 2008, as may be amended from time to time.
(5)
The West Nantmeal Township Transportation Capital Improvements Plan
dated August 19, 2008, as adopted by the Board in Resolution No. 166
on September 8, 2008, as may be amended from time to time.
(6)
Such other conditions and standards as the Board may by resolution
identify from time to time as being relevant and material to the imposition
of the fee and consistent with the Act and any amendments thereto.
[1]
Editor's Note: See 53 P. S. § 10501-A et seq.
B.
The collection, disbursement and accounting of the fee shall be administered
by the office of the Township Treasurer, subject to review, oversight
and control by the Board.
D.
The time, method, and procedures for payment of the fee shall be as set forth in § 111-9 of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The terms and definitions set forth in Section 502-A of the
Act are hereby adopted and incorporated into this article by reference.
The following terms, as used in this article, shall have the meanings
indicated in this section:
Act 209 of 1990, codified in Article V-A of the Pennsylvania
Municipalities Planning Code, 53 PS.§ 10501-A et seq., which
empowers municipalities to provide for transportation capital improvements
through the imposition of impact fees upon approval of new developments
following the enactment of an appropriate impact fee ordinance adopted
pursuant to the provisions of the Act.
The West Nantmeal Township Board of Supervisors.
The Traffic Impact Fee Advisory Committee established by
Resolution No. 158 of 2006 on August 14, 2006, for the purpose of
developing a transportation impact fee ordinance.
A.
There is hereby created a transportation capital improvements impact
fee (hereinafter "fee") for new development for the purpose of off-site
public transportation capital improvements authorized by the Act and
outlined in this article, which fee shall be payable to the Township
at the time of building permit issuance. The fee shall apply and be
uniformly applicable to all new development and/or subdivisions within
the service area identified herein and in the plan. Payment of the
fee shall be a condition precedent to final approval of a land development/subdivision
plan or the issuance of a building permit.
B.
No building permit shall be issued for new development within the
service area unless the fee, as imposed by and calculated pursuant
to this article, has been paid. The fee shall apply to an expansion
of an existing use only if that expansion shall increase the number
of p.m. peak-hour trips.
The fee collected pursuant to this article shall be expended
for costs incurred for transportation capital improvements attributable
to new development and designated in the plan within the service area.
The fee may also be used for the acquisition of land and rights-of-way,
engineering, legal and planning costs, debt service related to road
improvements and all other costs allowed under the provisions of the
Act.
The fee shall not be collected for subdivisions or developments
under the following conditions:
A.
New growth that has been determined by the Board to serve an overriding
public interest shall be provided a credit against the fee of up to
100%. Some examples of this could include, but shall not be limited
to, municipal uses, educational uses or nonprofit uses. To qualify
for the credit, applicants shall be required to submit an exemption
request, in writing, to the Board outlining their proposed use and
describing the overriding public interest served.
B.
De minimus applications shall be exempted from the fee. "De minimus
applications" shall mean those subdivisions and developments that
can be shown to generate less than seven additional p.m. peak-hour
trips, without rounding, using the most current version of the Institute
of Transportation Engineers publication, Trip Generation, or by reference
to a mutually agreed upon traffic study. To qualify for the exemption,
the applicant must request a waiver from the fee from the Board during
land development or prior to the issuance of a building permit and
must submit a traffic report or other traffic data as approved by
the Township Engineer to evidence that the proposed development is
de minimus.
A.
The fee is $377.55 per new weekday afternoon peak-hour trip as set
forth in the plan and the Transportation Capital Impact Fee Schedule.
B.
The amount of the fee may be amended from time to time by resolution
of the Board in accordance with the procedures set forth in the Act.
C.
The fee is hereby imposed upon all new subdivision and development,
including expansion and change in use, and shall be determined as
of the date of preliminary land development or subdivision approval
by multiplying the per-trip cost by the estimated number of p.m. peak-hour
trips to be generated in accordance with the most current version
of the Institute of Transportation Engineers publication, Trip Generation
Manual.
D.
In the event that the trip generation characteristics of a use are
not sufficiently documented in the Trip Generation manual, the fee
shall be determined by the information contained in a traffic impact
study provided by applicant and approved by the Township Engineer.
A.
The Township Treasurer, or his/her designee, shall collect the fee
prior to the issuance of a building permit.
B.
The Township Treasurer, or his/her designee, shall establish a separate
interest-bearing bank account where the fees which have been collected
shall be deposited. Interest earned from any fee paid shall be credited
to the applicant's account and shall be used solely for the same purpose
as the original fee.
C.
The Township Treasurer shall maintain and keep adequate financial
records for the account established that shows the source and disbursement
of all revenues. The Treasurer shall ensure that the disbursement
of funds shall be used solely and exclusively for the provision of
projects specified in the plan for the service area.
Any applicant who shall perform, at his own expense and with
the consent and agreement of the Board, off-site improvements shall
be eligible for a credit towards the fee in the amount of the actual
cost of such improvements as verified by the Township. The Board shall
not be obligated to accept an offer to construct the improvements
by an applicant.
A.
If an applicant makes such improvements, he must enter into an agreement
with the Board prior to the issuance of any building permit. The agreement
must establish the estimated cost of the improvement, the schedule
for the initiation and completion of the improvement, a requirement
that the improvement shall be completed to Township and Pennsylvania
Department of Transportation standards and criteria and any other
terms and conditions that are deemed necessary by the Board.
B.
Any credit shall not exceed the amount of the fee for each development.
However, provided that the applicant has other developments within
the service area that are in the same ownership and have received
preliminary approval, credits calculated to be greater than the fee
due may be applied to the fee for the applicant's other developments.
C.
Applicants shall be required to post financial security, sufficient
in the judgment of the Township Engineer, to cover the cost of any
improvements installed by the applicant for which a credit is sought.
D.
Subject to the Board's approval, an applicant shall be entitled as a credit against the fee owed an amount equal to the fair market value of land dedicated by the applicant and accepted by the Township for future right-of-way, realignment or widening of existing roadways, provided that any on-site land dedication shall not be counted unless it exceeds the requirements of Chapter 170, Subdivision and Land Development.
E.
An applicant seeking a credit and with the Board's approval shall
be entitled as a credit against the fee in the amount equal to the
construction value of any road improvement that is contained in the
plan that was performed at the applicant's expense.
A.
Fees collected pursuant to this article shall be refunded, together
with earned accrued interest thereon, to the payor of the fee under
the following circumstances:
(1)
In the event that the Township completes or terminates the plan for
the service area and there remains at the time of termination or completion
undisbursed funds in the accounts established for that purpose, the
Township shall provide written notice by certified mail to those persons
who previously paid the fees which remain undisbursed of the availability
of said funds for refund of the person's proportionate share of the
fund balance.
(2)
If the Township fails to commence construction of any road improvements
within the service area within three years of the scheduled construction
date set forth in the plan, any person who paid the fee shall, upon
written request to the Township, receive a refund of that portion
of the fee attributable to the contribution for the uncommenced road
improvement, plus the interest accumulated thereon from the date of
payment. However, no refund shall be paid for any improvement project
actually begun prior to the receipt of such refund request.
(3)
If, upon completion of any road improvements project contained in
the plan by the Township, the actual expenditures of the capital project
are less than 95% of the costs properly allocable to the fee paid,
the Township shall, upon written request to the Township, refund the
pro rata difference between the budgeted costs and the actual expenditures,
including interest accumulated thereon from the date of payment, to
the applicant.
(4)
If the development for which the fee was paid is not commenced prior
to the expiration of the building permit, the fee with accumulated
interest shall be refunded, upon written request to the Township,
to the applicant. If the building permit as issued for the development
is altered and the alteration results in a decrease in the amount
of the fee due, the difference between the new fee and fee previously
paid shall be refunded, upon written request to the Township, to the
applicant. The applicant, at his option, may roll over the fee paid
to cover a renewal of or new building permit.
B.
The allocation of refunds shall be determined by generally accepted
accounting practices. In the event that any of the funds remain unclaimed
following one year after the notice, which notice shall be provided
to the last-known address provided by the payor of the fees to the
Township, the Township shall transfer any funds so remaining to the
Township capital fund without any further obligation to refund said
funds. It is the responsibility of the payor to provide the Township
with, and to maintain, his current address of his place of business.
The fee imposed in this article is additional and supplemental
to, and not in substitution of, any other requirements or fees imposed
by the Township on land development and building permit issuance.
Nothing herein contained shall alter or affect the Township's existing
ordinances and regulations regarding on-site improvements. However,
in no event shall an applicant be required to pay for off-site transportation
capital improvements in addition to, or in excess of, the fee established
herein.
