[HISTORY: Adopted by the Board of Supervisors of the Township of South Strabane as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-27-1981 by Ord. No. 1-1981]
[Amended 6-26-2011 by Ord. No. 4-2011]
As used in this article, the following terms shall have the meanings indicated:
DEVELOPER
The owner of, or any person having an interest in, the land subject to development.
DEVELOPMENT OF LAND
Any application which requires the review and/or approval of South Strabane Township or any agency within South Strabane Township, including, but not limited to, those under Chapter 245, Zoning, and Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane, or any request for the opening, vacation, or change of any street or right-of-way or any change in connection with a boundary.
In the event that development of land within South Strabane Township, as defined in § 116-1 of this article, shall cause South Strabane Township to incur any costs or expenses, such fees and expenses shall be paid by the developer, as defined in § 116-1 of this article. Such costs or expenses shall include, but not be limited to, engineering, inspection, legal, stenographic, or advertising fees or expenses in connection with the review and/or approval of such development and/or of the preparation or approval of any agreement, bond, ordinance, resolution, or any other matter whatsoever in connection with the review and/or approval of the proposed development.
The Board of Supervisors of South Strabane Township shall have the right to require the developer to deposit into an escrow account such sums as are estimated to be necessary to pay the fees and expenses required under this article.
In the event that any developer fails to comply with the requirements of this article, then, in that event, the application or request of said developer shall not be considered by the Township or any agency within the Township.
[Adopted 4-23-2025 by Ord. No. 3-2025]
This article shall be known as the "South Strabane Township Transportation Impact Fee Ordinance of 2025."
The purpose of this article is to establish the South Strabane Township Impact Fee Program, including a Transportation Capital Improvements Plan, to ensure that the transportation system is available and adequate to support existing volumes of traffic and traffic projected to be generated by new growth and development. To advance this objective, the South Strabane Township Impact Fee Program shall be based upon the imposition of an impact fee payable to the Township at the time of building permit issuance. Additionally, the program identifies existing deficiencies due to pass-through trips and future trip generation attributable to new development; said program will provide a continuing generation of funds necessary for the Township to initiate and complete capital transportation improvement as needed in support of new growth and development; said program will involve participation by developers as well as local, state and federal governments; through the impact fee program the Township will establish a process whereby future traffic needs can be addressed in a timely manner and the impact of increased traffic volumes can be minimized to the extent possible.
The South Strabane 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 Pennsylvania the Act, 53 P.S. § 10501-A et seq., and any and all amendments thereto (hereinafter the "Act"), and consists of:
(1) 
The recitals set forth in the beginning of this article are incorporated herein as findings of the South Strabane Township Board of Supervisors as if more fully set forth herein;
(2) 
The analysis, advice and recommendations of the Transportation Impact Fee Advisory Committee;
(3) 
The Land Use Assumptions Report as adopted by the South Strabane Township Board of Supervisors;
(4) 
The Roadway Sufficiency Analysis as adopted by the South Strabane Township Board of Supervisors;
(5) 
The Transportation Capital Improvements Plan, as adopted by the South Strabane Township Board of Supervisors; and
(6) 
Such other conditions and standards as the South Strabane 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 office of the South Strabane Township Manager, subject to review, oversight and control by the South Strabane Township Board of Supervisors.
C. 
The amount of the per-peak-hour-trip transportation impact fees shall be as set forth in § 116-16 of this article.
D. 
The time, method and procedure for payment of transportation impact fees shall be as set forth in § 116-23 of this article.
E. 
The procedures for credits against transportation impact fees shall be as set forth in § 116-24 of this article.
F. 
The procedures for refunds of transportation impact fees shall be as set forth in § 116-25 of this article.
G. 
Such exemptions as the Board of Supervisors shall choose to enact are set forth in § 116-15 of this article.
The terms and definitions set forth in § 502-A of the Act[1] are hereby adopted and incorporated by reference in full in this article, as if they were attached hereto.
[1]
Editor's Note: See 53 P.S. § 10502-A.
There are hereby enacted transportation impact fees to be imposed upon new development, as defined in the Act, for the purpose of off-site public transportation capital improvements authorized by the Act and as described by the Transportation Capital Improvements Plan adopted by the South Strabane Township Board of Supervisors. Said transportation impact fees shall apply to all new subdivisions 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 South Strabane Township Board of Supervisors, are hereby incorporated by reference in full in the article, as if attached hereto:
A. 
Recommendation 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. 4 of 2024.
C. 
Roadway Sufficiency Analysis as adopted by Resolution No. 9 of 2024.
D. 
Transportation Capital Improvements Plan as adopted by Resolution No. 7 of 2025.
E. 
Transportation Service Areas Map as prepared by Trans Associates, attached as Exhibit 1 to the Transportation Capital Improvements Plan, and incorporated by reference in full herein, as if attached hereto.
A. 
The Board of Supervisors may permit or require a new development to perform a special transportation study to document actual trip generation from a particular use. The instances when a special transportation study can or must be performed are limited to instances where:
(1) 
The Township requests a special transportation study where there is a deviation in land use assumptions resulting in increased density, intensity or trip generation as determined by the Township Traffic Engineer.
(2) 
No "R" value or fitted curve equation is provided for the use in the most recent version of Trip Generation Manual, published by the Institute of Transportation Engineers.
(3) 
The use is not represented in any amendments or future editions of Trip Generation Manual, published by the Institute of Transportation Engineers.
(4) 
A new development, after no more than 18 months from the date of payment of an impact fee and being fully occupied and operational, chooses to challenge the amount of the impact fee.
B. 
Guidelines for conducting a special transportation study. Special transportation studies must be conducted in accordance with the Township Manager's Regulations adopted pursuant to § 116-28 of this article. The developer shall be responsible for all costs associated with the special transportation study.
C. 
Adjustments. Requests for adjustments of an impact fee as a special transportation study conducted under this section (§ 116-12A(4)) of this article must be in writing directed to the Township Manager and must be postmarked within 18 months of the date of the check paying the impact fee. No adjustments shall exceed the amount of the impact fee actually paid.
The following new development or subdivision shall be exempt from the imposition of the impact fee adopted pursuant to this article:
A. 
All new developments or subdivisions which are determined by the South Strabane Township Board of Supervisors to serve an overriding public interest shall be entitled to a credit of up to 100% against the otherwise applicable impact fee.
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, 11th or subsequent editions, as amended, which is hereby adopted by South Strabane Township, 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 PM 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, 11th or subsequent editions, as amended.
C. 
The South Strabane 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 non-residential development to assist in the determination of the amount of the transportation fee for such subdivision or land development.
A. 
Transportation Service Areas are established as shown on the Transportation Service Area map prepared by Trans Associates, attached as Exhibit 1 to the Transportation Capital Improvements Plan, and incorporated by reference in full herein. Additional transportation service areas or subareas or combinations or transportation service areas or subareas may be designated by the South Strabane 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 project 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 South Strabane 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 improvement projects scheduled for that area or subarea.
The per-peak-hour-trip cost for each transportation service area shall be as set forth in the Transportation Capital Improvements Plan adopted by the South Strabane Township Board of Supervisors and subsequent amendments thereto. This peak-hour-trip cost shall be applied to the number of PM peak-hour trips determined for the specific subdivision or land development in accordance with calculations using the data from the Trip Generation Manual published by the Institute of Transportation Engineers, 11th or subsequent editions, as amended, or in accordance with a special transportation study as set forth in this article.
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, 11th or subsequent editions, during the peak-hour period designated in this article. The applicant for such a development shall perform traffic analysis of development traffic impact on highways, roads or streets outside the transportation service area in which the development site is located but within the boundaries of South Strabane 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-hour trips shall be studied, and the applicant shall mitigate the traffic impacts of the development on such highways, roads and streets to maintain the predevelopment conditions after completion of the development.
Any other provisions of this article to the contrary notwithstanding, in accordance with the provisions of Act, South Strabane Township may expend transportation impact fees paid by an applicant on projects not contained in the Transportation Capital Improvements Plan or may provide credit against the transportation impact fees for the value of any construction projects not contained in the Transportation Capital Improvements Plan or may provide credit against transportation impact fees for the value of any construction projects not contained in the Transportation Capital Improvements 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 Improvements 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. 
South Strabane Township amends its Transportation Capital Improvements Plan components required by Section 504-A(e)(1)(vi) of the Act[1] to provide replacement of the collected transportation impact fees transferred to transportation projects outside the Transportation Capital Improvements Plan from sources other than transportation impact fees or 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. South Strabane 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 the availability of the results of the accounting shall be included and published as part of the annual audit required by South Strabane Township. A copy of the report shall also be provided to the Transportation Impact Fee Advisory Committee.
[1]
Editor's Note: See 53 P.S. § 10504-A(e)(1)(vi).
Prior to making an application for a building permit, an applicant may request a nonbinding transportation impact fee estimate from South Strabane Township which shall be based upon the maximum development potential of the site pursuant to existing zoning regulations, unless the applicant specifies use of the development.
A. 
Collection of transportation impact fees due pursuant to this article shall be collected by South Strabane 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, South Strabane Township shall be responsible for the separate and proper accounting of such fees. All such fess shall be deposited in interest-bearing accounts in a bank authorized to receive deposits of South Strabane 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 South Strabane Township Board of Supervisors 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 South Strabane Township Board of Supervisors 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 Township in cash, bank cashier's check, certified check or electronic fund transfer approved by the South Strabane Township Manager and shall be administered by the South Strabane Township Planning Director and/or the Township designee in accordance with the provisions of § 116-22 hereof.
Any applicant who shall perform, at its own expense and the consent and agreement of the South Strabane 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 South Strabane Township Board of Supervisors prior to the issuance of any building permit. The agreement shall establish the estimated cost of the improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement be completed to South Strabane Township and Pennsylvania Department of Transportation standards and design criteria, as applicable, and such other terms and conditions as deemed necessary by the South Strabane Township Board of Supervisors. The South Strabane Township Board of Supervisors 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 improvement. In no event shall the South Strabane Township Board of Supervisors provide a credit which is greater than the applicable transportation impact fee. If, however, the amount of this credit is calculated to be greater than the amount of the transportation impact fee due, the applicant may use 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 South Strabane Township, 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 South Strabane Township and accepted by South Strabane Township for future right-of-way, realignment or widening of existing roadways. The fair market value of any land dedicated to and accepted by South Strabane Township shall be determined as of the date of the submission of the subdivision or land development application to South Strabane Township.
Transportation impact fees collected pursuant to this article shall be refunded, together with interest earned thereon, to the payor of the transportation impact fees under the following circumstances:
A. 
In the event South Strabane Township terminates or completes the Transportation Capital Improvements Plan and there remains at the time of termination or completion undisbursed funds, the respective payors shall be entitled to a share of the fund balance in the same proportion as the payor's transportation impact fee payment plus interest earned bears to the total transportation impact fees collected plus interest. South Strabane 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 payor of the transportation impact fees to South Strabane Township. In the event that any of the funds remain unclaimed following one year after the notice, South Strabane Township shall be authorized to transfer any funds so remaining to any other fund in South Strabane Township without any further obligation to refund said funds. It shall be the responsibility of the payor to provide South Strabane Township at all times with a current address for such notice.
B. 
In the event South Strabane Township fails to commence construction (i.e., earthwork or other municipally defined action) within three years of the scheduled construction dates of the project as set forth in the Transportation Capital Improvement Plan, South Strabane Township shall refund the portion of the transportation impact fee paid by any payor making written request therefor 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 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 budgeted costs for such project, South Strabane 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 therefor, the transportation 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 amount of the transportation impact fee due, 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.
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 South Strabane 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 South Strabane Township on the development of land or the issuance of building permits. Nothing herein contained shall be deemed to alter or affect the South Strabane Township existing ordinances and regulations regarding on-site 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 South Strabane Township ordinances, regulations or policies, for other public facilities in addition to the transportation impact fee as provided herein.
A. 
The Township Manager may establish, amend, modify and revoke reasonable regulations and forms governing:
(1) 
The collection, payment, crediting and refund of impact fees;
(2) 
The content and methodology of traffic studies and special transportation studies;
(3) 
The use of later published additions of the ITE Trip Generation Manual;
(4) 
The treatment of any parcel that lies both within and outside a transportation service area;
(5) 
Funds, subaccounts and the uses of proceeds;
(6) 
The determination of the amount of trips previously attached to a developed property;
(7) 
Any other matter or procedure necessary for the orderly administration of the Transportation Capital Improvements Plan or impact fees.
B. 
No such regulation shall modify a substantive provision of this article. The initial Manager's regulations are incorporated by reference in full in the article, as if attached hereto, and are hereby approved by the Board of Supervisors. No amendment to these regulations shall be effective until reviewed by the Transportation Impact Fee Advisory Committee and approved by the Board of Supervisors by resolution.
It is hereby found and declared to be the intention of South Strabane 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 such 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 filing 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. Any cost incurred by parties in such an appeal shall be the separate responsibility of the parties.