Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-1996 by Ord. No. 112-1996]
This article shall be known and may be cited as the "East Whiteland Township Municipal Attorney's Fee Schedule Ordinance."
A. 
The Board of Supervisors determines this fee schedule fair and reasonable for the services to be rendered by its Solicitor or other counsel in the collection of delinquent municipal claims and accounts and hereby directs that the same be imposed, as applicable, upon the affected property owners (the "owner") and shall be imposed and recovered as part of each municipal claim against the affected real property in proceedings to recover delinquent municipal claims, together with any additional out-of-pocket costs incurred by the Township for necessary expenses in connection therewith.
B. 
Legal fees for the following services/actions shall be as set from time to time by resolution of the Board of Supervisors:
[Amended 11-21-2000 by Ord. No. 132-2000]
(1) 
Prepare and file lien.
(2) 
Prepare and file writ of scire facias.
(3) 
Order to satisfy.
(4) 
Reissue writ.
(5) 
Proof of claim.
(6) 
Prepare and mail correspondence per Pa.R.C.P. § 237.1.
(7) 
Motion for alternate service.
(8) 
Motion for summary judgment.
(9) 
Prepare and file default judgment.
(10) 
Prepare and file writ of execution for sheriff sale.
(11) 
Attendance at sale and evaluate schedule of distribution and resolve issues ancillary to sale.
(12) 
Miscellaneous litigation (hourly rate not to exceed that set by the Board of Supervisors).
For purposes of this article, the term "municipal claim" shall mean any claim identified, defined, prescribed or provided for in the Act.[1]
[1]
Editor's Note: See 53 P.S. § 7106.
A. 
At least 30 days prior to assessing or imposing attorney's fees in connection with the collection of a delinquent account, the Township shall, by United States certified mail, return receipt requested, postage prepaid, mail to the owner the notice required by Subsection D.
B. 
If within 30 days of mailing the notice in accordance with Subsection A, the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorney's fees in connection with the collection of a delinquent account, the Township shall, by United States first-class mail, mail to the owner the notice required by Subsection D.
C. 
The notice required by this section shall be mailed to the owner's last known post office address by virtue of the knowledge and information possessed by the Township and by the county office responsible for assessments and revisions of taxes. It shall be the duty of the Township to determine the owner's last post office address known to said collector and county assessment office.
D. 
The notice to the owner shall include the following:
(1) 
A statement of the Township's intent to impose or assess attorney's fees within 30 days of mailing the notice pursuant to Subsection A or within 10 days of the mailing of the notice pursuant to Subsection B.
(2) 
The manner in which the imposition or assessment of attorney's fees may be avoided by payment of the delinquent account.
[Adopted 4-11-2018 by Ord. No. 296-2018]
This article shall be known as the "East Whiteland Township Transportation Impact Fee Ordinance."
The purpose of this article is to establish a transportation impact fee to insure that the cost of needed capital improvements is 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 building permit(s) issuance.
The Board, pursuant to Act 209,[1] hereby finds and declares:
A. 
The conditions and standards for the 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 May 10, 2017, and technical corrections on September 13, 2017;
(4) 
The Roadway Sufficiency Analysis as prepared by the Committee and approved by the Board on March 14, 2018;
(5) 
The Transportation Capital Improvements Plan as prepared by the Committee and approved by the Board on March 20, 2018;
(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 § 87-17, Calculation of per-peak-hour-trip fee, of this article.
C. 
The time, method and procedure for payment of transportation impact fees shall be as set forth in § 87-19, Administration of fees, of this article.
D. 
The procedure for credits against transportation impact fees shall be as set forth in § 87-21, Credit, of this article.
E. 
The procedure for refunds of transportation impact fees shall be set forth in § 87-22, Refunds, of this article.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
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 the article, as if attached hereto:
A. 
The Land Use Assumptions Report as approved by Resolution No. 19-2017.
B. 
The Roadway Sufficiency Analysis as approved by Resolution No. 16-2018.
C. 
The Transportation Capital Improvements Plan as approved by Resolution No. 18-2018.
D. 
Transportation Service Area 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 to the requirements of the Township's Subdivision and Land Development Ordinance.[1] Any such studies shall be submitted prior to the imposition of the impact fee and shall be considered in the determination of the fee.
[1]
Editor's Note: See Ch. 175, Subdivision and Land Development.
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 therefor 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 Trip Generation Manual published by the Institute of Transportation Engineers, 10th or subsequent editions, as amended.
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. 
The transportation service area is established as shown on the map, entitled "transportation service area," as included in the Analysis and Plan and as further attached hereto as Exhibit A and incorporated fully herein by reference.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
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 in the Capital Improvements Program;
(3) 
The projected build-out and timing of development areas; and
(4) 
Such other factors as the Board may deem 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.
The amount of the per-peak-hour-trip fee for the transportation service area shall be $2,862, 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 the 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 improvements to highways, roads and streets qualifying as a state highway or potion of the rural highway system as provided under the State Highway Law.
B. 
Total costs attributable to the transportation 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.
(1) 
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.
(2) 
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 provided written consent to use its collected transportation impact fees or the provision of such credit against its transportation impact fees for specific, alternative transportation projects which are not included in 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 improvement 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 payor 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 undispersed 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 expenditures for the project are 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 § 87-15, 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 in 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.