[Added 6-17-2019 by Ord.
No. 578]
This article shall be known as the "Upper Providence Township
Transportation Impact Fee Ordinance."
The purpose of this article is to establish a transportation
impact fee to ensure that the cost of needed capital improvements
be applied to new developments in a manner that will allocate equitably
the cost of those improvements among property owners such that the
transportation system of the Township is available and adequate to
support new growth and development. To advance this objective, there
is hereby created a transportation impact fee payable to the Township
at the time of issuance of the building permit(s).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Board, pursuant to Act 209 of 1990, Article V-A, Municipal
Capital Improvement, of the Municipalities Planning Code, hereby finds and declares:
A. The conditions and standards
for determination and imposition of a transportation impact fee set
forth herein are those set forth in Act 209 and consist of:
(1) The recitals set forth above;
(2) The analysis, advice and
recommendations of the Committee;
(3) The Land Use Assumptions
Report as prepared by the Committee and approved by the Board on the
above date;
(4) The Roadway Sufficiency
Analysis as prepared by the Committee and approved by the Board on
the above date;
(5) The Transportation Capital
Improvement Plan as prepared by the Committee and approved by the
Board on the above date; and
(6) Such other conditions and
standards as the Board may by resolution from time to time identify
as being relevant, material and necessary to the imposition of a transportation
impact fee and consistent with the provisions of Act 209 and any amendments
thereto.
B. The amount of the per-peak-hour-trip transportation impact fees shall be set forth in §
270-174, Calculation of per-peak-hour-trip fee for the transportation service area, of this article.
C. The time, method and procedure for payment of transportation impact fees shall be as set forth in §
270-176, Administration of transportation impact fees, of this article.
D. The procedure for credits against transportation impact fees shall be as set forth in §
270-178, Credit, of this article.
E. The procedure for refunds of transportation impact fees shall be set forth in §
270-179, Refunds, of this article.
The terms and definitions as set forth in 53 P.S. § 10502-A,
Definitions, of Act 209 are hereby adopted, referenced and incorporated
as if more fully set forth herein.
There is hereby enacted a transportation impact fee to be imposed
upon new subdivision and new development, as defined in the Act, for
the purpose of funding off-site public transportation improvements
as authorized by Act 209 and as described in the Roadway Sufficiency
Analysis approved by the Board and the Capital Improvements plan approved
by the Board. The transportation impact fees shall apply to all subdivisions
or new developments (as such term is defined under 53 P.S. § 10502-A)
within the transportation service area as hereinafter defined and
identified (the "transportation service area") and shall be due and
payable to the Township at the time of issuance of a building permit(s),
such payment being a condition precedent to the issuance and validity
of such building permit(s).
Transportation impact fees collected pursuant to this article
may be expended for those costs incurred for improvements identified
in the analysis and plan which are attributable to subdivision or
new development, including the acquisition of land and rights-of-way,
engineering, legal and planning costs and all other costs which are
directly related to road improvements within the transportation service
area, including debt service, and further including such proportionate
amount of the preparation of the Roadway Sufficiency Analysis as is
permitted pursuant to Act 209.
The following documents, approved by the Board, are hereby incorporated
by reference in full in this article, as if attached hereto:
A. The Land Use Assumptions Report
as approved by Resolution No. 2018-67;
B. The Roadway Sufficiency Analysis
as approved by Resolution No. 2019-22;
C. The Transportation Capital Improvements
Plan as approved by Resolution No. 2019-22; and
D. The Transportation Service Areas
Map as prepared by McMahon Associates, Inc., attached as Exhibit "A"
to the Transportation Capital Improvements Plan, and incorporated
by reference in full herein, as if attached hereto.
A. Where intended to assist in
the determination of the appropriate amount of the transportation
impact fee, the Township may require an applicant to prepare a special
transportation study (the "special transportation studies") to determine
the traffic generation and circulation patterns in new nonresidential
developments or subdivisions; provided, however, that no studies may
be required when the proposed development will not require a deviation
from the land use assumptions resulting in increased density, intensity
or trip generation. The special transportation study shall be prepared
by a qualified traffic or transportation engineer in accord with generally
accepted transportation planning and engineering standards and shall
be submitted prior to the imposition of a transportation impact fee
and shall be considered in determination of same. The applicant shall
be responsible for all costs associated with the special transportation
studies.
B. 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 with the requirements of this
chapter. Any such studies shall be submitted prior to the imposition
of the impact fee and shall be considered in the determination of
the fee.
This article shall be uniformly applicable to all subdivision
and new developments that occur within the transportation service
area.
No building permit shall be issued for a subdivision or new
development within the transportation service area until such time
as the applicant thereof has paid to the Township the transportation
impact fee imposed by and calculated pursuant to this article.
A. The transportation impact fee
shall be based upon the total costs of road improvements or portions
thereof included in the analysis and plan within a given transportation
service area that are attributable to and necessitated by subdivision
and/or new development within the transportation service area, as
calculated in accordance with the Act and herewith, divided by the
number of anticipated peak-hour trips generated by all subdivision
and/or new development consistent with a) the land use assumptions,
as approved, and b) calculated in accordance with the Trip Generation
Manual published by the Institute of Transportation Engineers, 10th
or subsequent editions, as amended, which is hereby approved by the
Township, to equal the per-trip cost for transportation improvements
within the transportation service area.
B. The transportation impact fee
for a specific subdivision or new development within the transportation
service area for road improvements shall be determined as of the date
of preliminary subdivision or new 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
subdivision or new development using the 10th edition or later of
the Trip Generation Manual published by the Institute of Transportation
Engineers.
C. If the subdivision or new development
contains a mix of uses, the applicant must separately calculate the
transportation impact fee due for each type of use.
D. The Board 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 new development.
A. Transportation service areas
are established as shown on the map, entitled "Transportation Service
Areas," as included in the analysis and plan and as further attached
hereto as Exhibit "A" and incorporated fully herein by reference. As shown therein, this article recognizes a Service Area
One and Service Area Two.
B. Additional transportation service
areas may be designated by the Board from time to time consistent
with the procedures set forth herein and in Act 209 and when designated
in consideration of the following additional factors:
(1) The Township Comprehensive
Plan;
(2) Any standards for adequate
public facilities incorporated the Capital Improvements Program;
(3) The projected build-out
and timing of development areas; and
(4) Such other factors as the
Board deems relevant.
C. Transportation impact fees collected
from development and subdivision in the transportation service area
shall be used exclusively to fund transportation improvements projects
scheduled for that transportation service area.
[Amended 11-21-2022 by Ord. No. 598]
The amount of the per-peak-hour-trip fee for the transportation
service area shall be $2,293.46 for Service Area One and $3,243.43
for Service Area Two, unless revised or amended in accordance with
the provisions hereof and the Act, calculated in accordance with the
Act as follows:
A. Total costs of road improvements
in each transportation service area included in the approved analysis
and plan attributable to and necessitated by new development and subdivision
within the transportation service area, including 50% of the estimated
costs of improvement to highways, roads and streets qualifying as
a state highway or portion of the rural highway system as provided
under the State Highway Law.
B. Total costs attributable to
each service area.
Prior to making an application for a building permit, an applicant
may request a nonbinding impact fee estimate from the Township. Unless
the applicant specifies a lesser use or development, any such estimate
shall be based upon the maximum development potential of the site
pursuant to existing zoning regulations.
A. Collection. Transportation impact
fees due pursuant to this article shall be collected by the Township
in the manner or manners prescribed herein prior to the issuance of
a building permit.
B. Establishment of fund. Upon
the receipt of any transportation impact fees, the Township shall
be responsible for the separate and proper accounting of such fees.
All such fees shall be deposited into interest-bearing accounts in
a bank authorized to receive deposits of the Township's funds. Interest
earned by each account shall be credited to that account and shall
be used solely for the purposes specified for funds of such account.
(1) Notwithstanding any other
provision of this article, and in compliance with Act 209, the Township
may expend transportation impact fees paid by an applicant for projects
not contained in the analysis and plan, or may provide credit against
transportation impact fees for the value of any construction not contained
in the analysis and plan, which are performed at the applicant's expense
if all of the following criteria are met:
(a) The applicant has not
provided written consent to use its corrected transportation impact
fees or the provision of such credit against its transportation impact
fees for specific, alternative transportation projects which are not
included the analysis and 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 network; and
(c) The Township amends its
analysis and plan to provide replacement of the collected transportation
impact fees transferred to alternative transportation projects from
sources other than impact fees or developer contributions within three
years of completion of the alternative projects to which the transferred
transportation impact fees were applied or for which credit was provided.
C. Establishment and maintenance
of accounts. The Township 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
Township shall be responsible for the separate and proper accounting
of any transportation impact fees received pursuant to this article.
The Township shall maintain and keep adequate financial records for
each account, which shall show the source and disbursement of all
revenues, which shall account for all monies received, and which shall
ensure the disbursement of funds from each account shall be used solely
and exclusively for the provision of projects specified in the analysis
and plan for the transportation service area.
The transportation impact fee for a specific subdivision or
new development shall be paid prior to the issuance of the building
permit for the development. The transportation impact fee shall be
paid to the Township in cash, bank cashier's check, certified check
or electronic fund transfer approved by the Township and shall be
administered by the Township in accordance with the provisions of
this article.
Any applicant who shall perform off-site improvements, at its
own expense and with the consent and agreement of the Board, shall
be eligible for a credit from a transportation impact fee otherwise
due in the amount for the actual cost of such off-site improvements
as approved by the Township Engineer. Such credit shall not exceed
the amount of the transportation impact fee that would have been charged
if a credit was not due. The Board, at its sole discretion, may direct
the Township to provide the applicant:
A. A credit against the transportation
impact fee otherwise due in the amount of the fair market value of
any land dedicated by the applicant to the Township for future right-of-way,
realignment or widening of any existing roadways. The fair market
value of the land dedicated by the applicant shall be determined as
of the date of the submission of the subdivision or new development
application to the Township.
B. A credit against the transportation
impact fee otherwise due for the value of construction of road improvements
contained in the analysis and plan which are performed at the applicant's
expense. The amount of such credit for any transportation capital
improvements constructed shall be the amount allocated in the analysis
and plan, including contingency factors, for such work.
C. Any applicant who shall perform,
at his own expense, and with the consent and agreement of the Board,
off-site improvements, as herein defined, shall be eligible for a
credit from the transportation impact fee otherwise due in the amount
of the actual cost of such off-site improvements as approved by the
Township Engineer, only if all of the following criteria are met:
(1) The applicant shall enter
into an agreement (the "improvement agreement") with the Township
prior to the issuance of a building permit. The improvement agreement
shall establish the estimated cost of the off-site improvements, the
schedule for initiation and completion of the off-site improvements,
a requirement that the off-site improvements be completed to Township
and Pennsylvania Department of Transportation standards and design
criteria and other such terms and conditions as deemed necessary by
the Board;
(2) The Township shall review
the improvement agreement, verify costs and time schedules, determine
if the improvement is contained in the analysis and plan, and determine
the amount of the applicable credit for such improvement to be applied
against the otherwise due transportation impact fee; and
(3) The applicant shall be required
to supply financial security sufficient, in the judgment of the Township,
to cover the cost of any such improvement installed by the applicant
for which the credit is sought.
D. In no instance shall any credit
authorized by the Board pursuant to this article exceed the amount
of the transportation impact fee actually due.
Transportation impact fees collected pursuant to this article
shall be refunded, together with earned accrued interest thereon from
the date of payment, to the payer of the impact fees under any of
the following circumstances:
A. In the event the Township terminates
or completes the analysis and plan for a transportation service area
and there remains at the time of termination or completion undisbursed
funds in the account(s) established for that purpose, the respective
payors shall be entitled to a share of the fund balance in the same
portion as the payor's transportation impact fee payment plus interest
earned bears to the total transportation impact fees collected plus
interest. Any allocations of a refund shall be determined by generally
accepted accounting practices. The Township shall provide written
notice by certified mail to those persons who previously paid the
transportation impact fees which remain undispersed. Such notice shall
advise of that person's proportionate share of the fund balance that
is available for refund to such person. Such notice shall be provided
to the last known address provided by the payor of the transportation
impact fee to the Township. In the event any of the funds remain unclaimed
following one year after notice, the Township shall be authorized
to transfer any funds remaining to any other fund in the Township
without further obligation to refund such funds. It shall be the responsibility
of the payor to provide the Township at all times with a current address
for such notice.
B. In the event the Township fails
to commence construction of any transportation service area road improvements
(the "transportation capital improvement") within three years of the
scheduled construction date set forth in the analysis and plan, any
person who paid any transportation impact fees pursuant to that analysis
and plan shall, upon written request to the Township, receive a refund
of that portion of the transportation impact fee attributable to the
contribution for the uncommenced transportation capital improvement,
plus interest accumulated thereon from the date of payment. However,
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 payor 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 costs budgeted for such project, the 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(s) who paid the transportation
impact fees for such improvements.
D. If the new subdivision or new development for which the transportation impact fees were paid is not commenced prior to the expiration of the building permits issued for the project within the time limits established by the applicable building codes within the Township, the transportation impact fees paid with accumulated interest shall be refunded to the payor. Further, if the building permit as issued for the project is altered and the alteration results in a decrease in the amount of the transportation impact fee due in accordance with the calculations set forth under §
270-172, Method of calculation, the difference between such amount and the amount actually paid shall be refunded. The payor, at its option, may roll over the transportation impact fees attributable to an expired building permit to cover fees incurred by a new permit.
The transportation impact fee is additional and supplemental
to, and not in substitution of, any other requirements by the Township
on the subdivision or 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 as
an addition to the transportation impact fee as provided herein.
Notwithstanding anything to the contrary contained herein, transportation
impact fees may be imposed on those projects involving subdivisions,
new developments or planned residential developments for which an
application has been filed on or after the first publication of notice
of the Township's intent to adopt this article; provided, however,
that such retroactivity does not exceed 18 months after the adoption
of the resolution that created the committee in connection herewith.
All ordinances or parts of ordinances inconsistent herewith
or in conflict with any of the specific terms enacted hereby, to the
extent of said inconsistencies or conflicts, are hereby specifically
repealed.
The Upper Providence Township Board of Supervisors does hereby
reserve the right, from time to time, to adopt amendments to this
article.
In the event that any section, sentence, clause, phrase or word
of this article shall be declared illegal, invalid or unconstitutional
by any court of competent jurisdiction, such declaration shall not
prevent, preclude or otherwise foreclose enforcement of any of the
remaining portions of this article.
This article shall become effective five days after the date
of adoption.
The failure of Upper Providence Township to enforce any provision
of this article shall not constitute a waiver by the Township of its
rights of future enforcement hereunder.