[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:
A.
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,[1] as amended (the "Act"), and consist of the following:
(1)
The "Whereas" clauses as more fully set forth above.[2]
[2]
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."
(2)
The analysis, advice and recommendations of the Hanover
Township Impact Fee Advisory Committee.
(3)
The land use assumptions which have been adopted and/or
amended by the Supervisors from time to time.
(4)
The roadway sufficiency analysis which has been adopted
and/or amended by the Supervisors from time to time.
(5)
The transportation capital improvements plan which has
been adopted and/or amended by the Supervisors from time to time.
(6)
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.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
B.
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 terms and definitions set forth in Section 502-A of the Act[1] are hereby adopted and incorporated herein by reference as if
the same were set forth here at length.
[1]
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
