[HISTORY: Adopted by the Board of Supervisors of the Township of
Bern as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch.
154.
[Adopted 5-6-1996 by Ord. No. 154]
This article shall be known as the "Bern Township Transportation Impact
Fee Ordinance."
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 Supervisors 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 Impact
Fee Advisory Committee.
(3) The land use assumptions, as adopted by the Board of
Supervisors.
(4) The roadway sufficiency analysis, as adopted by the Board
of Supervisors.
(5) The transportation capital improvements plan, as adopted
by the Board of Supervisors.
(6) Such other conditions and standards as the Board of Supervisors
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 or Secretary-Treasurer,
subject to review, oversight and control by the Board of Supervisors.
C. The time, method and procedure for payment of impact fees shall be as set forth in §
81-15 and §
81-16 of this article.
D. The procedure for credits against or refunds of impact fees shall be as set forth in §
81-17 and §
81-18 of this article.
E. Such exemptions as the Board of Supervisors shall choose to enact shall be as set forth in §
81-11 of 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 program adopted by the Board of Supervisors.
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.
[Amended 9-11-2006 by Ord. No. 228-2006]
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 Supervisors
on September 11, 2006, in Resolution No. 481 of 2006, as set forth in the
transportation capital improvements plan dated July 2006, as revised by the
Board of Supervisors, made a part hereof by reference, as set forth fully
herein, which is on file with the Township Secretary and can be obtained therefrom,
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 rights-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 roadway sufficiency analysis as is allowed under the provisions of the
act.
[Amended 9-11-2006 by Ord. No. 228-2006]
The following documents previously adopted by the Board of Supervisors,
are hereby incorporated by reference in this article:
A. Recommendations of the Impact Fee Advisory Committee, identified
as follows.
B. Land use assumptions as adopted by Township Resolution No. 474-2006
on May 2, 2006.
C. Roadway sufficiency analysis as adopted by Township Resolution
No. 476-2006 on July 10, 2006.
D. The transportation capital improvements plan, dated July 2006,
as adopted by Township resolution.
E. The Impact Fee Schedule as established by Township resolution.
F. Designation of transportation districts as set forth on the transportation
service area map identified as and incorporated herein by reference.
Where intended to assist in determining the appropriate amount of traffic
impact fees, the township may require the preparation of special transportation
studies to determine the traffic generation or circulation patterns in new
nonresidential developments only; provided, however, that no studies may be
required where the proposed development will not require a deviation from
the land use assumptions used to create the program. Any such studies required
by the township 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 development that occurs
within a designated development subarea.
No building permit shall be issued for a development in a designated
transportation district subarea, as herein defined, unless the applicant therefor
has paid the impact fee imposed by and calculated pursuant to this article.
A. The impact fee for transportation capital improvements
shall be based upon the total costs of the road improvements included in the
adopted transportation capital improvements plan within a given transportation
service area attributable to and necessitated by new development within the
service area as defined, divided by the number of anticipated peak-hour trips
generated by all new development consistent with the adopted Land Use Assumptions
and calculated in accordance with the trip generation manual published by
the Institute of Transportation Engineers, Fourth or subsequent editions,
which is hereby adopted by the township, to equal a per-trip cost for transportation
improvements within the service area.
B. The specific impact fee for a specific new development
or subdivision within the service area for road improvements shall be determined
as of the date of preliminary land development or subdivision approval by
multiplying the per-trip cost established for the service area as determined
in section hereof by the estimated number of trips to be generated by the
new development or subdivision using generally accepted traffic engineering
standards.
C. The Board of Supervisors may authorize or require the
preparation of a special transportation study in order to determine traffic
generation or circulation for a new nonresidential development to assist in
the determination of the amount of the transportation fee for such development
or subdivision.
A. Transportation service areas are established as shown
on the transportation service area map contained in the transportation capital
improvements plan as incorporated herein by reference and which is available
on file with the Township Secretary.
[Amended 9-11-2006 by Ord. No. 228-2006]
B. Additional transportation district subareas or combinations
of transportation district subareas may be designated by the Board of Supervisors
from time to time consistent with the procedure set forth in this article
and in consideration of the following factors:
(2) Any standards for adequate public facilities incorporated
in the program.
(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.
(5) Such other factors as the Board of Supervisors may deem
relevant.
C. Fees collected from development in each of the transportation
district subareas will be used exclusively to find transportation improvement
projects scheduled for that district.
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 specifies a lesser use of development.
A. Collection of impact fee. 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 receipt of impact fees, the
Township Manager or Secretary-Treasurer 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 the 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 Township
Manager or Secretary-Treasurer shall establish appropriate trust fund accounts
and shall maintain records whereby impact fees collected can be segregated
for each transportation district subarea.
D. Maintenance of records. The Township Manager or 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 moneys received; and which shall ensure that the disbursement of funds
from each account be used solely and exclusively for the provision of projects
specified in the program for the particular transportation district subarea.
Payment of the transportation capital improvements impact fee shall
be made by the traffic generator prior to the issuance of a building permit
by the township to the traffic generator for development on the applicable
site.
Any applicant who shall perform, at his own expense and with the consent
and agreement of the Board of Supervisors, 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 credit shall not exceed the amount of the impact
fee.
A. If the applicant makes such improvements, he must enter
into an agreement with the Board of Supervisors 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 Supervisors. The Board of Supervisors
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 Board of Supervisors 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. Provided that
any such 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 credit is sought.
B. An applicant shall be entitled as a credit against impact
fees 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 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.
Impact fees collected pursuant to this article shall be refunded, together
with interest earned thereon, to the payer of the fees under the following
circumstances:
A. In the event that the township completes or terminates
the capital improvements plan and there remain undisbursed funds, the respective
payers shall be entitled to a share of the fund balance in the same proportion
as the payer's impact fee payment plus interest earned bears to the total
impact fees collected plus interest.
B. In the event that any specific road improvement project
is completed at a cost to the township less than 95% of the budgeted cost
of the road project, the township shall refund an amount equal to the excess
budgeted cost over actual cost to the payers, pro rata, plus accumulated interest.
C. In the event that the township fails to commence construction
within three years of the scheduled construction date of the project as set
forth in the transportation capital improvements plan, the township shall
refund the portion of the fee paid by any payer making written request therefor
which is attributable to said project, with accumulated interest, provided
that no refund shall be paid with respect to any project actually begun prior
to the receipt of such refund request.
D. In the event that the development for which impact fees were paid has not commenced prior to the expiration of the building permit issued therefor, the 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 indicated impact fee, the difference between the amount indicated and the amount actually paid shall be refunded. The payer, at his option, may roll over the impact fees attributable to an expired building permit to cover fees incurred by a renewal of said expired permit. With respect to refunds arising out of Subsections
A or
B hereof, any funds unclaimed within one year after notice as required by law shall be transferred to the general account of the township, and the payer's entitlement to said refund shall lapse. It is the responsibility of the payer to provide the township with the current address of his place of business.
This article shall not affect, in any manner, the permissible use of
property, density of development, previously adopted design and improvement
standards and requirements or any other aspect of the development of land
or provision of public improvements which remain subject to applicable zoning,
subdivision and PRD regulations of the township, which shall be operative
and remain in full force and effect without limitation with respect to all
such development.
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 subdivided herein.
The provisions of this article shall be liberally construed to effectively
carry out its purposes which are hereby found and declared to be in furtherance
of the public health, safety, welfare and convenience.
A. Impact fees may be imposed on those projects involving
developments, subdivisions and PRD's 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 advisory
committee in connection herewith.
B. In retroactive applications, the per-trip fee may not
exceed $1,000 or the actual calculated fee, whichever is less.