Township of Straban, PA
Adams County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Straban as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 117.
Zoning — See Ch. 140.
Attachment 1 - Table 11 - Impact Fee by Service Area
[Adopted 8-7-2006 by Ord. No. 2006-05]
This article shall be known as the "Straban Township Traffic Impact Fee Ordinance."
The purpose of this article is to establish an impact fee program ("program") to ensure that the transportation system 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"), and consist of:
(1) 
The recitals set forth in the original ordinance from which this article is derived (see footnote at the end of this article);[1]
[1]
Editor's Note: A complete copy of the ordinance with recitals and exhibits is on file in the office of the Township Secretary.
(2) 
The analysis, advice and recommendations of the Impact Fee Advisory Committee;
(3) 
The Land Use Assumptions as adopted by the Board of Supervisors;
(4) 
The Roadway Sufficiency Analysis as adopted by the Board of Supervisors;
(5) 
The Transportation Capital Improvements Plan, as adopted by the Board of Supervisors; and
(6) 
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.
B. 
The collection, disbursement and accounting of impact fees shall be administered by the office of the Township Manager or Secretary-Treasurer, subject to review, oversight and control by the Board of Supervisors.
C. 
The time, method and procedure for payment of impact fees shall be as set forth in § 81-16 of this article.
D. 
The procedure for credits against or refunds of impact fees shall be as set forth in § 81-17 of this article.
E. 
Such exemptions as the Board of Supervisors shall choose to enact shall be as set forth in § 81-18 of this article.
The terms and definitions set forth in Section 502-A of the Act of Dec. 19, 1990, P.L. 1343, No. 209, as amended, ("the Act"; also found in 53 P.S. § 10502-A) are hereby adopted and incorporated in this article by reference.
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 shall be a condition precedent to final approval of a development or a subdivision plan or issuance of a building permit.[1]
[1]
Editor's Note: This ordinance also provided: "Retroactive application. Notwithstanding § 81-5 hereof, impact fees may be imposed on those projects involving developments and subdivisions for which an application has been filed on or after the first publication of notice of the Township's intent to adopt this ordinance; provided, however, that such retroactivity does not exceed 18 months after the adoption of the resolution that created the advisory committee in connection herewith. In retroactive applications, the per-trip fee may not exceed $1,000 or the actual calculated fee, whichever is less."
[Amended 6-5-2017 by Ord. No. 2017-01]
Impact fees collected pursuant to this article shall be expended for costs incurred for improvements attributable to new development and designated in the Transportation Capital Improvements Plan adopted by the Board of Supervisors in Resolution No. 2017-04 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.
[Amended 6-5-2017 by Ord. No. 2017-01]
The following documents, previously adopted by the Board of Supervisors, are hereby incorporated by reference in this article:
A. 
Land Use Assumptions as adopted by the Township Board of Supervisors by Township Resolution No. 2016-06.
B. 
Roadway Sufficiency Analysis as adopted by Township Resolution No. 2017-04.
C. 
The Transportation Capital Improvements Plan as adopted by Township Resolution No. 2017-04.
D. 
The Impact Fee Schedule as established by Township Resolution No. 2017-05.
E. 
Designation of transportation districts as set forth on the Transportation Service Area Map identified as Exhibit A and incorporated herein by reference.
A. 
Where intended to assist in determining the appropriate amount of traffic impact fees, the Township may require the preparation of 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 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.
[Amended 8-5-2013 by Ord. No. 2013-02; 6-5-2017 by Ord. No. 2017-01]
No building permit or land use permit shall be issued for a development in a designated transportation service area, as herein defined, unless the applicant therefor has paid the impact fee imposed and calculated pursuant to this article as follows:
Service Area
Amount Per Trip
Service Area 1
$1,361
Service Area 2
$1,217
Service Area 3
$3,365
(Reserved)
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 weekday afternoon 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, 7th or subsequent editions, which is hereby adopted by the Township, 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 land development or subdivision approval by multiplying the per-trip cost established for the service area as determined in § 81-13 hereof by the estimated number of trips to be generated by the new development or subdivision using generally accepted traffic engineering standards. If the Township Engineer determines that the proposed use is not adequately addressed by the said Trip Generation Manual, the estimated number of peak-hour trips may be documented by other relevant studies and/or data, subject to the review by, and approval from, the Township Engineer.
C. 
The Board of Supervisors may authorize or require the preparation of a special transportation study in order to determine traffic generation or circulation for a new nonresidential development to assist in the determination of the amount of the transportation fee for such development or subdivision.
[Amended 6-5-2017 by Ord. No. 2017-01]
A. 
Transportation service areas are established as shown on "Table 11, Transportation Impact Fee by Service Area, Straban Township Act 209 Study Update" (attached hereto as Exhibit A[1] and incorporated herein by reference). Additional transportation district subareas or combinations of transportation district subareas may be designated by the Board of Supervisors from time to time consistent with the procedure set forth in this article 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; and
(5) 
Such other factors as the Board of Supervisors may deem relevant.
[1]
Editor's Note: Said Exhibit A is included as an attachment to this chapter.
B. 
Fees collected from development in each of the transportation district subareas will be used exclusively to fund transportation improvement projects scheduled for that district.
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 or development.
A. 
Collection of impact fee. Impact fees due pursuant to this article shall be collected by the Township in the manner or manners prescribed herein prior to the issuance of a building permit.
B. 
Establishment of fund. Upon receipt of impact fees, the Township Manager or Secretary-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 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 Manager or Secretary-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 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 program for the particular transportation district subarea.
[Amended 2-1-2016 by Ord. No. 2016-01]
A. 
Payment of the transportation capital improvements impact fee shall be made by the developer, builder, owner, agent of the owner or other traffic generator as follows:
(1) 
If a building permit is required, prior to the issuance of a building permit by the Township to anyone for development of the applicable site; or
(2) 
If no building permit is required, prior to the issuance of a land use permit by the Township to anyone for use of the applicable site; or
(3) 
If no building permit or land use permit is required, prior to the issuance of a certificate of occupancy to anyone for the applicable site.
(4) 
In the case of an assignment as set forth in § 81-17B or C, the assigning party shall pay the fee as set forth in § 81-16A(1), (2) or (3) or, if those sections are not applicable, upon establishment of the credit by the assignee for any traffic generated above that retained.
[Amended 2-1-2016 by Ord. No. 2016-01]
A. 
For new construction for new uses, the provisions of this Subsection A shall apply.
(1) 
Any applicant who shall perform, at his own expense and with the consent and agreement of the Board of Supervisors, off-site improvements that fulfill the needs (in whole or in part) of the applicable transportation improvement district in accord with the program shall be eligible for a credit from the impact fee otherwise due in the amount of the actual cost of such off-site improvements as approved by the Township Engineer. Such credit shall not exceed the amount of the impact fee.
(2) 
If the applicant makes such improvements, he must enter into an agreement with the Board of 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 (if applicable) standards and design criteria and such other terms and conditions as deemed necessary by the Board of Supervisors. The Board of Supervisors 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 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 any such applicant shall be required to supply financial security sufficient, in the judgment of the Township, to cover the cost of any such improvement installed by the applicant for which credit is sought.
(3) 
An applicant shall be entitled as a credit against impact fees 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.
(4) 
An applicant shall be entitled as a credit against impact fees an amount equal to the value of any off-site road improvement construction which is contained in the Transportation Capital Improvements Plan, which has been approved by the Board of Supervisors, and which was performed at the applicant's expense. However, nothing herein shall affect the Township's authority to require an applicant to pay for on-site improvements as provided in the Township's land use ordinances.
B. 
For expansion or relocation of uses established after August 7, 2006, the provisions of this Subsection B shall apply.
(1) 
An applicant is entitled to a credit against impact fees, provided that the following items have been met:
(a) 
The applicant originally paid the impact fee, or the applicant has been assigned the rights to impact fees by a third party which paid the impact fee. Any such assignment shall indicate the number of trips associated with the site before and after the assignment as well as the number of trips being assigned. The assignment shall be acknowledged by both the assignor and assignee and in a form suitable for recording.
(b) 
The use of such credit may only be applied to the same lot for which the impact fee was paid, or transferred to a lot within the same development for which the impact fee was paid. In either case, the lot must be within the transportation improvement district in which the impact fee was paid.
(2) 
Any credit shall not exceed the amount of the impact fee otherwise due.
(3) 
If the credit is to be transferred to a lot which had not paid an impact fee, the lot which paid the fee (the assigning party) will have a corresponding reduction noted; provided, however, that such assignment may not reduce the level of traffic associated with the assigning party's lot below that customarily associated with the improvements on that lot. After any such assignment, any traffic generated from that site, above that retained, will require the payment of impact fees.
(a) 
By way of example, Site A originally paid an impact fee corresponding to 100 trips for a particular user and is a commercial setting such that customarily 60 trips now would be assigned to the property:
[1] 
Site A has the ability to assign up to 40 trips to a user on Site B (100 trips - 40 assigned trips = 60 retained trips). Site A cannot assign more than 40 trips.
[2] 
If Site A assigns 40 trips and is then vacant (generating no traffic), if a new use (or construction) on Site A generates 60 trips (or fewer), no impact fee is due for Site A (60 new - 60 retained = 0 due).
[3] 
If Site A assigns 40 trips and is then vacant (generating no traffic) and a new use (or construction) on Site A generates 90 trips, an impact fee for 30 additional trips will be due (90 new - 60 retained = 30 due).
[4] 
If Site A assigns 40 trips and is currently being used by a user that is generating 60 trips when the trips are assigned, and continues that use on Site A, no impact fee will be due (60 retained - 60 being used = 0 due).
C. 
For expansion or relocation of uses established prior to August 7, 2006, the provisions of this Subsection C shall apply.
(1) 
An applicant is entitled to a credit against impact fees provided the following items have been met:
(a) 
The applicant for impact fee credit generated traffic from the site prior to August 7, 2006 (and there is no contractual or legal determination that provides otherwise), or the applicant has been assigned the rights to impact fees by a third party which generated traffic prior to August 7, 2006. Any such assignment shall indicate the number of trips associated with the site before the assignment and after the assignment as well as the number of trips being assigned. The assignment shall be acknowledged by both the assignor and assignee and shall be in a form suitable for recording.
(b) 
The use of such credit may only be applied to the same lot for which the traffic was generated, or transferred to a lot within the same development for which the traffic was generated. In either case, the lot must be within the transportation improvement district in which the traffic was generated.
(2) 
Any credit shall not exceed the amount of the impact fee otherwise due.
(3) 
If the credit is to be transferred to a lot which had not paid an impact fee, the lot which generated the traffic prior to August 7, 2006 (the assigning party), will have a corresponding reduction noted; provided, however, that such assignment may not reduce the level of traffic associated with the assigning party's lot below that customarily associated with the improvements on that lot. After any such assignment, any traffic generated from that site, above that retained, will require the payment of impact fees.
(a) 
By way of example, Prior to August 7, 2006, Site C generated traffic of 100 trips, has not paid a traffic impact fee and is in a commercial setting such that customarily 60 trips now would be assigned to the property:
[1] 
Site C has the ability to assign up to 40 trips to a user on Site D (100 trips - 40 assigned trips = 60 retained trips). Site C cannot assign more than 40 trips.
[2] 
If Site C assigns 40 trips and is then vacant (generating no traffic), if a new use (or construction) on Site C generates 60 trips (or fewer), no impact fee is due for Site C (60 new - 60 retained = 0 due).
[3] 
If Site C assigns 40 trips and is then vacant (generating no traffic) and a new use (or construction) on Site A generates 90 trips, an impact fee for 30 additional trips will be due (90 new - 60 retained = 30 due).
[4] 
If Site C assigns 40 trips and is currently being used by a user that is generating 60 trips when the trips are assigned, and continues that use on Site C, no impact fee will be due (60 retained - 60 being used = 0 due).
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 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 payor's impact fee payment plus interest earned bears to the total impact fees collected plus interest.
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 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 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, with accumulated interest, provided no refund shall be paid with respect to any project actually begun prior to the receipt of such refund request.
D. 
In the event 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 Subsection A or B hereof, any funds unclaimed within one year after notice as required by law shall be transferred to the general or other account of the Township, as the Supervisors shall direct, 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, 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 subdivision regulations of the Township, 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 subdivided herein.