Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
[Adopted 5-17-1999 by Ord. No. 99-01]

§ 79-1 Title.

This article shall be known as the "Upper Uwchlan Township Transportation Impact Fee Ordinance."

§ 79-2 Purpose.

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. § 501-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.

§ 79-3 Definitions.

[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.
BUILDING PERMIT
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.
CHANGE OF USE
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.
DEVELOPER
Any person, partnership or corporation, landowner, subdivider or applicant responsible for any undertaking which requires a building, zoning or conditional use permit.
DEVELOPMENT
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.
FUND
The transportation improvement fund established by the Township in which impact fees are deposited.
OCCUPANCY PERMIT
Any permit required for occupancy of structures pursuant to the current edition of the Upper Uwchlan Township Building Code[1] and/or Chapter 200, Zoning, as amended.
[1]
Editor's Note: See Ch. 71, Uniform Construction Codes.

§ 79-4 Adoption of analysis and plan.

[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.

§ 79-5 Establishment of transportation service area.

[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.

§ 79-6 Applicability of impact fee.

This article shall be uniformly applicable to all development which occurs within the designated transportation service area.

§ 79-7 Imposition of impact fee.

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.

§ 79-8 Calculation and establishment of impact fee.

A. 
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. 
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. 
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 per­trip 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]

§ 79-8.1 Additional impact fee.

[Added 10-6-2008 by Ord. No. 08-07]
A. 
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. 
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. 
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.

§ 79-9 Special transportation study.

[Amended 10-6-2008 by Ord. No. 08-07]
A. 
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) 
The Township requests a special transportation study.
(2) 
The use is not represented in the ITE Manual.
[Amended 4-25-2016 by Ord. No. 2016-04]
(3) 
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. 
All details related to the scope of the special transportation study must be approved by the Township before the developer prepares the study.
C. 
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.

§ 79-10 Administration of impact fees.

A. 
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. 
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.

§ 79-10.1 Credit.

[Added 10-6-2008 by Ord. No. 08-07]
A. 
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. 
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. 
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) 
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) 
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) 
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.

§ 79-10.2 Refund.

[Added 10-6-2008 by Ord. No. 08-07]
A. 
Application; undisbursed funds.
(1) 
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) 
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) 
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) 
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) 
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. 
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.

§ 79-11 Interpretation.

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.