The purpose of this article is to establish an impact fee program
to ensure that the transportation system is available and adequate
to support new growth and development. To advance this objective,
there is hereby created an impact fee payable to the Township at the
time of building permit issuance.
The Board of Commissioners hereby finds and declares that:
A. The conditions and standards for the determination and imposition
of the impact fee set forth herein are those set forth in Act 209
of 1990, 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 Transportation
Services Advisory Committee;
(3)
The land use assumptions as adopted by the Board of Commissioners;
(4)
The Roadway Sufficiency Analysis as adopted by the Board of
Commissioners;
(5)
The Transportation Capital Improvements Plan as adopted by the
Board of Commissioners; and
(6)
Such other conditions and standards as the Board of Commissioners
may, by resolution, 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 Manager, subject to
review, oversight and control by the Township Board of Commissioners.
C. The time, method and procedure for payment of impact fees shall be
as set forth in this article.
D. The procedure for credits against or refunds of impact fees shall
be as set forth in this article.
E. Such exemptions as the Board of Commissioners shall choose to enact
shall be as set forth in this article.
The terms and definitions set forth in Section 502-A of the
Act are hereby adopted and incorporated in this article by
reference.
There is hereby enacted an impact fee to be imposed upon new
development for the purpose of off-site public transportation capital
improvements authorized by the Act and as described in the Transportation
Capital Improvement Plan adopted by the Board of Commissioners. Said
impact fee shall apply to all new developments or subdivisions within
each of the transportation service areas identified herein and shall
be a condition precedent to final approval of a development or a subdivision
plan or issuance of a building permit.
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 adopted
by the Board of Commissioners for improvements within each of the
transportation service areas in which the new development will be
located. Additionally, such fees may be used for the acquisition of
land and right-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.
The following documents, previously adopted by the Board of
Commissioners, are hereby incorporated by reference in this article:
A. Land use assumptions as adopted by Township resolution.
B. Roadway Sufficiency Analysis as adopted by Township resolution.
C. The Transportation Capital Improvements Plan as adopted by Township
resolution.
D. The Impact Fee Schedule as established by Township resolution.
This article shall be uniformly applicable to all development
that occurs within a designated transportation service area.
No building permit shall be issued for a development in a designated
transportation service area, as herein defined, unless the applicant
therefor has paid the impact fee imposed by and calculated pursuant
to this article.
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 specified
a lesser use of development.
Any applicant who shall perform, at their own expense and with
the consent and agreement of the Board of Commissioners, off-site
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 improvements as approved by the Township Engineer. Such one-time
credit shall not exceed the amount of the impact fee.
A. If the applicant wishes to make such improvements, they must enter
into an agreement with the Township, prior to the issuance of any
building 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
and Pennsylvania Department of Transportation standards and design
criteria and such other terms and conditions as deemed necessary by
the Board of Commissioners. The Director of Building and Planning
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. In no event shall the Township provide a credit which is greater
than the applicable impact fee. If, however, the amount of the credit
is calculated to be greater than the amount of the impact fee due,
the applicant may use such excess credit toward the impact fees imposed
on other building permits for development on the same site and in
the same ownership.
B. An applicant shall be eligible for a credit from the impact fee otherwise
due in 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.
C. An applicant shall be eligible for a credit from the impact fee otherwise
due in 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.
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. 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 article; provided, however, that a property owner
may be required to pay, pursuant to Township ordinances, regulations
or policies, for other public facilities in addition to the impact
fee for transportation improvements as provided for herein.
The per trip cost for transportation service areas shall be
as shown on Table 11.18.
Table 11.18
Establishment of Per Trip Cost
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Section
|
Transportation Service Area
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Traffic Impact Fee Per Peak Hour Trip
|
Peak Hour
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§ 135-11.18A
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Rock Hill Road Transportation Service Area
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$9,462
|
Afternoon
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§ 135-11.18B
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City Avenue Transportation Service Area
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$1,544
|
Afternoon
|