[HISTORY: Adopted by the Board of Supervisors of the Township of
East Goshen as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-2-1966 by Ord.
No. 113]
This article shall be known and may be cited as the "East Goshen Township Municipal Attorney's Fee Schedule Ordinance."
The Board of Supervisors determines the 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. The following actions shall
have fees attached:
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Action
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Prepare and file lien
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Prepare and file writ of scire facias
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Order to satisfy
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Reissue writ
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Proof of claim
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Prepare and mail correspondence per Pa.R.C.P. § 237.1
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Motion for alternate service
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Motion for summary judgment
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Prepare and file default judgment
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Prepare and file writ of execution for sheriff sale
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Attendance at sale and evaluate schedule of distribution and resolve
issues ancillary to sale
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Charge for check which does not clear
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Miscellaneous litigation
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[1]
Editor's Note: The fee schedule is on file in the township offices.
For purposes of this article, the term "municipal claim" shall mean
any claim identified, defined, prescribed or provided for in the Act.
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 subsection 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.
[Adopted 2-18-1997 by Ord.
No. 115]
This article shall be known and may be cited as the "East Goshen Township
Impact Fee Ordinance of 1997."
The purpose of this article is to establish an impact fee program to
ensure that the township's transportation system, consisting of the public
highways, roads and streets within the township, 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"),[1] and shall consist of the following documents, studies, reports
and information which are incorporated herein by reference and made a part
of this article:
(1)
The preamble set forth above.
(2)
The analysis, advice and recommendations of the Impact
Fee Advisory Committee.
(3)
The land use assumptions duly adopted by resolution of
the Board of Supervisors.
(4)
The roadway sufficiency analysis duly adopted by resolution
of the Board of Supervisors.
(5)
The Transportation Capital Improvements Plan, duly adopted by resolution of the Board of Supervisors.
(6)
The impact fee schedule duly adopted by resolution of
the Board of Supervisors.
(7)
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.
[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 office of the Township Manager or Treasurer,
subject to review, oversight and control by the Board of Supervisors.
The terms and definitions set forth in Section 502-A of the Act[1] are hereby adopted and incorporated in this article by reference
thereto and made a part hereof.
[1]
Editor's Note: See 53 P.S. § 10502-A.
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 the applicant's
written agreement to the prompt payment of the required impact fees shall
be a condition precedent to and a condition of final approval of a land development
plan or a subdivision plan. Payment of the impact fees shall be a condition
precedent to the township's issuance of any building permit necessary for
implementation of any aspect of the approved plan as herein provided.
Impact fees collected pursuant to this article shall be expended for costs incurred by the township for improvements attributable to new development and designated in the Transportation Capital Improvements Plan adopted by resolution of the Board of Supervisors, as from time to time amended, 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 the roadway sufficiency analysis as is allowed under the provisions of the Act.
The following resolutions, maps and documents have been duly adopted
by the Board of Supervisors in conjunction with the enactment of this article
and are hereby incorporated by reference in and made a part of this article.
A.
Recommendations of the Impact Fee Advisory Committee,
identified as follows:
(2)
Roadway sufficiency analysis duly adopted by resolution
of the Board of Supervisors.
(3)
The Transportation Capital Improvements Plan duly adopted by resolution of the Board of Supervisors.
(4)
The impact fee schedule duly adopted by resolution of
the Board of Supervisors.
(5)
The designation of the transportation districts as set
forth on the transportation service area map.
A.
Where intended to assist in determining the appropriate
amount of traffic impact fees, the township may require a subdivider or land
developer to prepare, at its expense, 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.
B.
Any such studies required by the township shall be submitted
prior to the township's approval of the final subdivision or land development
plan and 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 who
submitted the subdivision or land development plan for approval, or his successor
in interest to the plan or property to which the plan is subject, 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 and incorporated by reference as a part of this article 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 the impact fee schedule adopted in § 137-11 by the estimated number of trips to be generated by the new development or subdivision using generally accepted traffic engineering standards. The Supervisors may also require an applicant to conduct additional studies in connection with new nonresidential development as provided for in § 137-12.
A.
Transportation service areas are established as shown
on the Transportation Service Area Map (attached hereto as Exhibit A, incorporated
herein by reference and made a part hereof).
B.
Additional transportation district subareas or combinations
of transportation district subareas may be designated by resolution of the
Board of Supervisors from time to time, consistent with the procedure set
forth in this article and the Act,[1] and in consideration of the following factors:
(1)
The Comprehensive Plan.
(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. Fees collected from development in each of the transportation district
subareas shall be used exclusively to fund transportation improvement projects
scheduled for that district.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
During the pendency of a subdivision or land development application
and 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 prescribed herein
prior to the issuance of a building permit.
B.
Establishment of fund. Upon receipt of impact fees, the
Township Manager or 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'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.
C.
Establishment and maintenance of accounts. The Township
Manager or 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 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 shall 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 to the township by the applicant prior to the issuance of any building
permit to the applicant for development on the property with respect to which
the impact fee has been calculated as required by this article.
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 against the impact fee otherwise due
hereunder in the amount of the actual cost of such off-site improvements,
as calculated and approved by the Township Engineer. Such credit shall not
exceed the amount of the impact fee.
A.
If the applicant makes such improvements, he shall enter
into a written agreement with the 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 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 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 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, however,
that as a condition precedent hereto, any such applicant shall be required
to supply financial security as authorized by Section 509 of the Pennsylvania
Municipalities Planning Code[1] sufficient, in the judgment of the township, to cover the cost
of any such improvement installed by the applicant for which credit is sought.
[1]
Editor's Note: See 53 P.S. § 10509.
B.
An applicant shall be entitled as a credit against impact
fees in 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 in an amount equal to the value of any road improvement construction which is contained in the Transportation Capital Improvements Plan and which is performed at the applicant's expense.
Impact fees collected pursuant to this article shall be refunded, together
with interest earned thereon, to the payor 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
payors shall be entitled to a share of the fund balance in the same proportion
as the payee'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 payors, 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 payor making written request therefor which is attributable to said project, together with accumulated interest; provided, however, 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 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 and 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 payor's entitlement to said refund shall lapse. It is the responsibility of the payor to provide the township with the current address of his place of business.
This article shall not affect or impair, 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, all of which shall remain subject to
applicable zoning, subdivision and land development, PRD and similar regulations
of the township, and 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 provided herein.
The Board of Supervisors may periodically request the Impact Fee Advisory
Committee to review the capital improvements plan and impact fee charges and
make recommendations for revisions for subsequent consideration and adoption
by the Board of Supervisors based upon:
A.
New subsequent development which has occurred in the
township.
B.
Capital improvements contained in the capital improvements
plan, the construction of which has been completed.
C.
Unavoidable delays beyond the responsibility or control
of the township in the construction of capital improvements contained in the
plan.
D.
Significant changes in land use assumptions.
E.
Significant changes in the estimated costs of the proposed
transportation capital improvements.
F.
Significant changes in the projected revenue from all
sources listed needed for the construction of the transportation capital improvements.
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 and general welfare.
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.
