[Adopted 5-17-1999 by Ord. No. 99-01]
This article shall be known as the "Upper Uwchlan
Township Transportation Impact Fee Ordinance."
The purpose of this article is to establish
an Upper Uwchlan Township transportation improvements impact fee in
compliance with Article V-A of the Pennsylvania Municipalities Planning
Code, Act of July 31, 1968, P. L. 805, as amended by Act of December
19, 1990, No. 209, 53 P.S. § 10501-A et seq. ("Act 209").
The purpose of the impact fee, which is payable to the Township at
the building permit issuance, is to provide funds necessary to make
transportation capital improvements to support existing volumes of
traffic and traffic projected to be generated by new growth and development
in the Township.
[Amended 1-17-2006 by Ord. No. 06-01]
As used in this article, the following words
and terms shall have the following meanings, unless another meaning
is plainly intended. Other terms used herein and not expressly defined
below shall have the meaning set forth in Act 209.
The permit required for new construction and additions pursuant to § 200-111 of Chapter 200, Zoning. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area or number of dwelling units resulting therefrom.
Any use which increases p.m. peak hour trips generated by
an approved development. A change of use request will require a reassessment
of impact fees.
Any person, partnership or corporation, landowner, subdivider
or applicant responsible for any undertaking which requires a building,
zoning or conditional use permit.
That which is to be done pursuant to a building, zoning, conditional use or occupancy permit, including but not limited to a subdivision or land development as defined by Chapter 162, Subdivision and Land Development.
The transportation improvement fund established by the Township
in which impact fees are deposited.
[Amended 4-25-2016 by Ord. No. 2016-04]
Adoption and incorporation by reference of the
Roadway Sufficiency Analysis, dated March 2016, and the Transportation
Capital Improvements Plan, dated March 2016, are attached hereto.[1]
[1]
Editors Note: The Roadway Sufficiency Analysis
and Transportation Capital Improvements Plan are on file in the Township
offices.
[Amended 4-25-2016 by Ord. No. 2016-04]
A single transportation service area is hereby
established as shown on Map 1 in the Land Use Assumptions Report dated
August 2015.[1]
[1]
Editor's Note: The Land Use Assumptions Report is on file
in the Township offices.
This article shall be uniformly applicable to
all development which occurs within the designated transportation
service area.
No building permit or occupancy shall be issued
for a development in the designated transportation service area as
herein defined unless the applicant therefor has paid the impact fee
imposed by and calculated pursuant to this article.
A.Â
The impact fee in the designated transportation service
area is $2,334 per p.m. peak hour trip as set forth in the Transportation
Capital Improvements Plan.
[Amended 4-22-2002 by Ord. No. 02-03; 4-25-2016 by Ord. No. 2016-04]
B.Â
The amount of the impact fee may be amended from time
to time by resolution of the Board of Supervisors of Upper Uwchlan
Township in accordance with procedures set forth in Act 209.
C.Â
The impact fee imposed by this article is hereby imposed upon all new development and change of use and shall be determined as of the date of preliminary land development or subdivision approval by multiplying the perÂtrip cost established for the designated transportation service area by the estimated number of trips to be generated by the new development in accordance with the Trip Generation Manual published by the Institute of Transportation Engineers, Ninth Edition, 2012, and any amendments and all future editions thereof (ITE Manual). Alternatively, the impact fee may be calculated pursuant to a special transportation study pursuant to § 79-9 of this article. In the event there is a change of use, the impact fees will be recalculated and reassessed.
[Amended 10-6-2008 by Ord. No. 08-07; 4-25-2016 by Ord. No. 2016-04]
[Added 10-6-2008 by Ord. No. 08-07]
A.Â
Applicability. An additional impact fee shall be imposed
upon new developments that generate 1,000 or more p.m. peak-hour trips,
net of pass-by trips as defined by the ITE Manual. This section is
in addition to the impact fee calculated under this article.
B.Â
Traffic study. An applicant for a new development
that generates 1,000 or more new p.m. peak-hour trips shall be required
to perform a traffic analysis of development traffic impact on highways,
roads or streets outside the transportation service area in which
the new development is located, but within the boundaries of the Township.
Any highways, roads or streets or parts thereof outside the transportation
service area that will accommodate 10% or more of the new development
traffic and 100 or more new p.m. peak-hour trips may be required to
be studied. The traffic study is to be conducted in accordance with
the Township requirements as determined by the Township Traffic Engineer.
C.Â
Mitigation. Applicants for new development that generate
1,000 or more new p.m. peak hour trips, less pass-by trips, will be
required to mitigate the traffic impact of the new development on
the affected roads, highways and streets per the traffic study to
maintain the predevelopment conditions.
[Amended 10-6-2008 by Ord. No. 08-07]
A.Â
In the event that the trip generation characteristics
of a new development are not sufficiently documented in the ITE Manual,
the applicable impact fee shall be determined by the Township following
receipt and review of a special transportation study submitted by
the developer. Such study shall document the p.m. peak volumes at
the subject site based on completion and occupancy of the proposed
development. The instances when a special transportation study can
or must be performed are limited to instances where:
(1)Â
The Township requests a special transportation study.
(2)Â
The use is not represented in the ITE Manual.
[Amended 4-25-2016 by Ord. No. 2016-04]
(3)Â
A new development, after no more than 18 months from
the date of payment of an impact fee and being fully occupied and
operational, chooses to challenge the amount of the impact fee, only
if the proposed use is not sufficiently documented by the ITE Manual.
The developer must inform the Township in writing of his intention
to challenge the amount of the impact fee prior to Township approval
of the development.
B.Â
All details related to the scope of the special transportation
study must be approved by the Township before the developer prepares
the study.
C.Â
Requests for adjustments of an impact fee as a result
of a special transportation study must be in writing directed to the
Township Manager and must be postmarked within 18 months of the date
of the check paying the impact fee. No adjustments will exceed the
amount of the impact fee actually paid.
A.Â
Collection and deposit of impact fee. Impact fees
due pursuant to this article shall be collected by the Township in
the manner prescribed herein prior to issuance of a building permit.
Impact fees shall be held and deposited by the Township into an interest-bearing
fund account designated solely for impact fees and shall be collected,
held, utilized and disbursed by and through the office of the Township
Manager with approval subject to the Board of Supervisors in accordance
with Act 209 and, specifically, Section 505-A thereof, 53 P.S. § 10505-A.
B.Â
Advisory Committee role. The Upper Uwchlan Township
Impact Fee Advisory Committee shall monitor and evaluate the implementation
of the Transportation Capital Improvements Plan as adopted by the
Board of Supervisors and report at least annually on the assessment
of impact fees. In addition, the Advisory Committee shall make recommendations
to the Township on the need to update or revise the adopted land use
assumptions, Transportation Capital Improvements Plan or impact fees
at the request of the Board of Supervisors.
[Added 10-6-2008 by Ord. No. 08-07]
A.Â
A traffic generator is entitled to a credit against
the impact fee 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 or for the value
of any construction of road improvements contained in the transportation
capital improvement plan which is performed at the applicant's expense.
The amount of such credit for any capital improvement constructed
shall be the amount allocated in the capital improvement program,
including contingency factors for such work. The fair market value
of any land dedicated by the applicant shall be determined as of the
date of the submission of the land development or subdivision application
to the Township.
B.Â
Any new development which performs, at its own expense,
off-site improvements contained in the capital improvements plan,
shall be eligible for a credit toward the impact fee otherwise due
in the amount of the actual cost of such off-site improvements. The
amount of such credit for any capital improvement constructed shall
be the amount allocated in the capital improvements plan, including
contingency factors, for such improvement as approved by the Township
Engineer. Such credit shall not exceed the amount of the impact fee.
In order for a new development to be eligible for this credit, it
must announce the intent to perform off-site improvements during the
subdivision or land development approval process. The announcement
must be in writing and must set forth the off-site improvement project
for which the traffic generator is seeking credit. The traffic generator
must enter into an agreement with the Township 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, guarantee 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 Township. The Township 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 may the
Township provide a credit that 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 new development may utilize
such excess credit toward the impact fees imposed on other building
permits for development on the same site and in the same ownership.
C.Â
The Township may provide a credit against impact fees
for the value of any construction projects that are not contained
in the adopted transportation capital improvements plan which are
performed at the traffic generator's expense, if all of the following
conditions are met:
(1)Â
The applicant has provided written consent to
a credit of its collected impact fees for specific transportation
projects which are not included in the transportation capital improvements
plan.
(2)Â
The alternative transportation project, whether
highway or multi-modal, has as its purpose the reduction of traffic
congestion or the removal of vehicle trips from the roadway network.
(3)Â
The Township amends its transportation capital
improvements plan components required by § 504-A(e)(1)(vi)
of the Municipalities Planning Code, 53 P.S. § 10504-A(e)(1)(vi),
to provide replacement of the credited impact fees transferred to
transportation projects outside the approved Transportation Capital
Improvements Plan from sources other than impact fees or developer
contributions within three years of completion of the alternative
projects to which the transferred fees were applied.
[Added 10-6-2008 by Ord. No. 08-07]
A.Â
Application; undisbursed funds.
(1)Â
The payer of the impact fee may apply for a
refund of appropriate share of any such fee and any interest earned
from the date of payment if:
(a)Â
The Township has failed to commence any transportation
service area road improvements within three years of the scheduled
construction date set forth in the transportation capital improvements
plan.
(b)Â
The new development for which impact fees were
paid is not commenced prior to the expiration of a building permit
issued for the new development within the time limits established
by applicable building codes; or the project for which a building
permit has been issued has been altered resulting in a decrease in
the amount of the impact fee due.
(c)Â
Upon completion of any road improvements project,
the actual expenditures are less than 95% of the costs allocable to
the fee paid within the transportation service area in which the road
improvement was adopted, the Township shall refund to the payer the
pro rata difference between the budgeted costs and the actual expenditures,
including interest from the date of payment.
(2)Â
In the event that the Township terminates or
completes an adopted capital improvements plan for a transportation
service area and there remains at the time of termination or completion
undisbursed funds in the accounts established for that purpose, the
Township shall provide written notice via certified mail to those
persons who previously paid the fees which remain undisbursed of the
availability of said funds for refund of the person's proportionate
share of the fund balance. The allocation of the refund shall be determined
by generally accepted accounting practices. In the event that any
of the funds remain unclaimed following one year after the notice,
which shall be provided to the last known address provided by the
payer of the fees to the Township, the Township shall be authorized
to transfer any funds so remaining to any other fund in the Township
without any further obligation to refund said funds.
B.Â
The request for refund must be submitted to the Township
Manager in writing specifying the details and basis for the request
for refund. The Township Manager shall forward such refund request
to those Township consultants deemed necessary to review, such as
the Traffic Engineer. The Township Manager shall have a minimum of
60 days to conduct a review and notify the applicant of the Township's
response.
The provisions of this article shall be liberally
interpreted to effectively carry out its purposes which are hereby
found and declared to be in furtherance of the public health, safety,
welfare and convenience.
