[Ord. 180, 8/8/2011, § I]
This chapter shall be known as the "East Coventry Township Transportation
Impact Fee Ordinance."
[Ord. 180, 8/8/2011, § I]
The purpose of this chapter is to establish a transportation
impact fee program to insure that the transportation system in the
Township is available and adequate to support new growth and development.
To advance this objective, there is hereby created a transportation
impact fee payable to the Township at the time of building permit
issuance.
[Ord. 180, 8/8/2011, § I]
1.
The Board of Supervisors hereby finds and declares that:
A.
The conditions and standards for the determination and imposition
of the transportation impact fee set forth herein are those set forth
in Article V-A of the MPC and consist of the following:
(1)
The Township has experienced considerable growth in the form
of residential, commercial and industrial development in recent years.
(2)
It is anticipated that such development will continue into the
future and that such fixture development will create a substantial
transportation impact upon the transportation facilities within one
or more areas of the Township.
(3)
The Board of Supervisors is required to keep all roads open,
in repair and usable for the safe and convenient travel by the public,
and the fulfillment of such duty will entail substantial costs directly
attributable to the transportation impact of such future development.
(4)
Article V-A of the MPC establishes a comprehensive legislative
scheme for the imposition of all or a portion of said costs upon such
fixture development by way and in the nature of a transportation impact
fee.
(5)
The amount of such transportation impact fee shall be determined
by the cost of the additional transportation improvements needed to
meet minimum safety and capacity standards, which improvements shall
be identified in a transportation capital improvements plan, considering
the projected growth and development in designated transportation
service areas.
(6)
A transportation impact fee imposed upon residential and nonresidential
development, in order to assist in the financing of specified major
transportation capacity improvements in designated transportation
service areas the demand for which is uniquely created by such development,
is in the best interest of the Township and its residents, is equitable
and does not impose an unfair burden on such development.
(7)
The analysis, advice and recommendations of the Transportation
Impact Fee Advisory Committee.
(8)
The land use assumptions.
(9)
The roadway sufficiency analysis.
(10)
The transportation capital improvements plan.
(11)
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 a transportation impact fee and consistent
with the provisions of the Article V-A of the MPC.
B.
The collection, disbursement and accounting of transportation impact
fees shall be administered by the office of the Township Manager,
subject to review, oversight and control by the Board of Supervisors.
D.
The procedure for credits against transportation impact fees shall be as set forth in § 22A-310 of this chapter.
[Ord. 180, 8/8/2011, § I]
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.
[Ord. 180, 8/8/2011, § I]
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, subdivision and PRD regulations
of the Township, which regulations shall be operative and remain in
full force and effect without limitation with respect to all such
development.
[Ord. 180, 8/8/2011, § I]
1.
The provisions of this chapter, including the transportation impact
fees provided hereby, are in addition 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
contained in this chapter shall be deemed to alter or affect the existing
ordinances and regulations of the Township 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 transportation
impact fee for transportation capital improvements as provided herein.
2.
Without limiting, but in furtherance of, Subsection 1, nothing in this chapter shall be deemed to alter or affect the existing power of the Township to require an applicant for Township approval of any new land development or subdivision from paying for the installation of on-site improvements as provided for in this chapter.
