[HISTORY: Adopted by the Board of Supervisors of the Township of Hanover 12-10-1991 by Ord. No. 91-12. Amendments noted where applicable.]
This chapter shall be known as the "Hanover Township Impact Fee Ordinance."
The purpose of this chapter is to provide for the funding of transportation capital improvements required by new developments within the Township; the cost of which will be allocated equitably among property owners through an impact fee program and impact fee, established by this chapter, and payable to the Township at the time that building permits are issued.
The Supervisors hereby find and declare:
That 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, as amended (the "Act"), and consist of the following:
The "Whereas" clauses as more fully set forth above.
Editor's Note: The "Whereas" clauses originally contained in the prefatory material of this ordinance provided as follows:
"WHEREAS, the Township of Hanover, Northampton County, Pennsylvania (Township), has experienced new growth in the form of residential, commercial and industrial development in recent years; and
WHEREAS, it is anticipated that future development will create a substantial impact upon the transportation facilities within the Township; and
WHEREAS, the Board of Supervisors of the Township (Supervisors) is required to keep all roads open, in repair and usable for the safe and convenient travel by the public; and
WHEREAS, fulfillment of the above duty of the Supervisors will entail a substantial cost directly attributable to the impact of new development within the Township; and
WHEREAS, the Supervisors are empowered and authorized by Pennsylvania Municipalities Planning Code, as amended, to impose all or a portion of this cost upon new development; and
WHEREAS, the amount of the impact fee to be imposed shall be determined by the cost of the additional transportation improvements needed to meet such minimum safety and capacity standards as the Township may determine, and which transportation improvements shall be identified in a capital improvements program which shall consider the projected growth and development within the Township; and
WHEREAS, the Township hereby finds that there is a demand for major transportation capital improvements within the Township created by new development which would be in the best interests of the Township and its citizens; and declares that an impact fee imposed upon residential and nonresidential development to assist in funding of those transportation improvements is equitable and will not impose an unfair burden on such new development."
The analysis, advice and recommendations of the Hanover Township Impact Fee Advisory Committee.
The land use assumptions which have been adopted and/or amended by the Supervisors from time to time.
The roadway sufficiency analysis which has been adopted and/or amended by the Supervisors from time to time.
The transportation capital improvements plan which has been adopted and/or amended by the Supervisors from time to time.
Such other conditions and standards as the Supervisors may by resolution identify from time to time as being relevant and material to the imposition of impact fees and consistent with the provisions and intent of the Act and any amendments thereto.
Editor's Note: See 53 P.S. § 10501-A et seq.
The collection, disbursement, and accounting of impact fees shall be administered by the Township Manager, or his duly appointed representative as more fully set forth in § 102-13.
The time, method and procedure for the payment of the impact fees shall be more fully set forth in § 102-14 of this chapter.
The terms and definitions set forth in Section 502-A of the Act are hereby adopted and incorporated herein by reference as if the same were set forth here at length.
Editor's Note: See 53 P.S. § 10502-A.
There is hereby enacted an impact fee to be imposed upon new development ("new land development and subdivisions") within the Township for the purpose of off-site public transportation capital improvements authorized by the Act, and as more fully described in the capital improvements plan adopted by the Supervisors. The impact fee shall apply to all new land developments or subdivisions within the Township and shall be a condition precedent to final approval of all land developments and subdivision plans, or the issuance of any building permits for land comprising new land developments or subdivisions.
Impact fees collected pursuant to the provisions of this chapter shall be expended for costs incurred for improvements attributable to new development and designated in the Township's transportation capital improvements plan as adopted by the Supervisors November 26, 1991, for improvements within the Township. In addition, impact fees collected pursuant to the provisions of this chapter 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 Township, and including such proportionate amount of the roadway sufficiency analysis as is allowed under the provisions of the Act.
In approving all new nonresidential land developments and/or subdivisions, the Township may require the preparation of special transportation studies to determine the traffic generation or circulation patterns and to assist the Township in determining the appropriate amount of traffic impact fees; provided, however, that no special transportation study shall be required when there is no deviation from the land use assumptions resulting in increased density, intensity or trip generation by a particular land development or subdivision.
Studies required under this section shall be submitted and considered by the Supervisors prior to the imposition of an impact fee, or the increasing or reducing the amount of the impact fee for the new land development or subdivision from the amount shown on the impact fee schedule previously adopted by the Supervisors.
This chapter and the provisions hereunder shall be uniformly applied to all new land developments and subdivisions that occur within the Township.
No building permits shall be issued for a new land development or subdivision within the Township unless the applicant for the building permit has paid the impact fee imposed by and calculated in accordance with the provisions of this chapter, and which impact fee may be set and amended, from time to time, by resolution of the Supervisors.
The impact fee for the Township's transportation capital improvements shall be based upon the total costs of the road improvements included in the Township's adopted transportation capital improvements plan within the Township and necessitated by new land developments and subdivisions within the Township, divided by the number of anticipated peak-hour trips generated by all new land development and subdivision 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 Supervisors, to equal a per-trip cost for transportation improvements within the Township.
The specific impact fee for a specific new land development or subdivision within the Township 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 Township by the estimated number of trips to be generated by the new land development or subdivision using generally accepted engineering standards.
The Supervisors may require the preparation of a special transportation study in accordance with § 102-7 of this chapter, in order to determine traffic generation or circulation for a new nonresidential land development to assist in the determination of the amount of the transportation fee for such land development or subdivision.
The transportation service area as defined by the Act shall be the Township.
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 the then-existing zoning regulations, unless the applicant specifies a lesser use of the land development or subdivision.
Collection of impact fees. Impact fees due pursuant to this chapter shall be collected by the Township or its duly authorized representative in the manner or manners prescribed herein prior to the issuance of any building permits.
Establishment of fund. Upon receipt of the impact fees, the Township Secretary-Treasurer should be responsible for the separate and proper accounting of such fees. All such fees shall be deposited in interest-bearing accounts, used solely for impact fees, 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.
Establishment and maintenance of accounts. The Township Secretary-Treasurer shall establish appropriate trust fund accounts and shall maintain records whereby impact fees collected can be properly accounted for in accordance with the Act.
Maintenance of records. The Township 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 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 program.
Payment of the transportation capital improvements impact fees shall be made by the applicant for a new land development or subdivision prior to the issuance of a building permit by the Township to the applicant for a new land development or subdivision for development on the applicable site.
Any applicant for a new land development or subdivision who shall perform, at his own expense and with the consent and agreement of the Supervisors, off-site improvements, as defined under the Act, and which are part of the Township's duly adopted transportation capital improvement program, shall be eligible for a credit from the impact fees otherwise due in the amount of the actual cost of such off-site improvements as approved by the Township Engineer. Such credit shall in no event exceed the amount of the impact fees.
If the applicant for a new land development or subdivision makes such improvements, he shall enter into a written agreement with the 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 Supervisors. The 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 impact fee prior to issuance of any building permit. In no event shall the 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.
The Supervisors shall have the right to require the applicant of new land development or subdivision to supply financial security sufficient, in the judgment of the Supervisors, to cover the cost of any such improvement installed by the applicant of new land development or subdivision for which credit is sought.
An applicant of new land development or subdivision shall be entitled as a credit against impact fees an amount equal to the fair market value of land dedicated by the applicant of new land development or subdivision and accepted by the Supervisors for future right-of-way, realignment or widening of existing roadways adjacent to or located within his development and contained in the transportation capital improvement program.
An applicant of new land development or subdivision 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 expense of the applicant of new land development or subdivision.
Impact fees collected pursuant to this chapter shall be refunded, together with interest earned thereon, to the payor of the fees under the following circumstances:
In the event the Township completes or terminates the adopted transportation capital improvements plan and there remain undisbursed funds, the respective payors shall be entitled to a share of the fund balance in the same proportion as the payor's impact fee payment bears to the total impact fees collected.
In the event any specific road improvement project is completed at a cost to the Township less than 95% of the budgeted cost of the road improvements project, as set forth in the transportation capital improvements plan, the Township shall refund an amount equal to the excess budgeted cost over actual cost to the payors, pro rata, plus accumulated interest.
In the event the Township fails to commence construction within three years of the scheduled construction date of any project as set forth in the transportation capital improvements plan, the Township shall refund the portion of the fee paid by any payor making written request therefor which is attributable to said road project, with accumulated interest, provided no refund shall be paid with respect to any improvement project under the transportation capital improvements plan actually begun prior to the receipt of such refund request.
In the event the land development or subdivision 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 payor. 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 payor, 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 to the payor, as may be required by law, shall be transferred to the general account of the Township, and the payor's entitlement to said refund shall lapse. It shall be the responsibility of the payor to provide the Township with the current address of his place of business or other affixed mailing address.
This chapter 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 and/or subdivision ordinance and regulations of the Township, which shall be operative and remain in full force and effect without limitation with respect to all such development.
The provisions and requirements of this chapter are 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 chapter; 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 herein.
The provisions of this chapter 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.