[HISTORY: Adopted by the Board of Supervisors of the Township of East Brandywine 11-19-2003 by Ord. No. 03-07. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 127.
Vehicles and traffic — See Ch. 245.
Fees — See Ch. 311.
Subdivision and land development — See Ch. 350.
Zoning — See Ch. 399.
This chapter shall be known as the "East Brandywine Township Transportation Impact Fee Ordinance."
The purpose of this chapter is to establish a 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.
[1]
Editor’s Note: Former § 370-3, Definitions, was repealed 7-7-2016 by Ord. No. 06-2016. See now Ch. 300, Art. II.
Adoption and incorporation by reference of the Roadway Sufficiency Analysis and Transportation Capital Improvements Plan is attached hereto.[1]
[1]
Editor's Note: Said plan is on file in the Township offices.
A single transportation service area is hereby established as described in the Roadway Sufficiency Analysis and Transportation Capital Improvements Plan, October 2003, page 4 et seq.
This chapter 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 chapter.
A. 
The impact fee in the designated transportation service area is $3,507.54 per p.m. peak hour trip as set forth in the capital improvements plan.
B. 
The amount of the impact fee may be amended from time to time by resolution of the Board of Supervisors of East Brandywine Township in accordance with procedures set forth in Act 209.[1]
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
C. 
The impact fee imposed by this chapter 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 per-trip 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, Fifth Edition, 1991, and any amendments and all future additions thereof ("ITE Manual"). Alternatively, the impact fee may be calculated pursuant to a special transportation study pursuant to § 370-9 of this chapter. In the event there is a change of use, the impact fees will be recalculated and reassessed.
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 projected p.m. peak volumes at the subject site based on completion and occupancy of the proposed development.
A. 
Collection and Deposit of Impact Fee. Impact fees due pursuant to this chapter 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 East Brandywine 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 Impact Fee 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.
The provisions of this chapter 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.
This chapter shall be effective in accordance with applicable law. In accordance with Section 505-A(c)(2) of Act 209,[1] this chapter shall have retroactive application for a period of 18 months after the adoption of the resolution creating the Impact Fee Advisory Committee, Resolution No. 02-11 of the East Brandywine Township Board of Supervisors, dated June 19, 2002, to all preliminary applications for land development or subdivision within East Brandywine Township.
[1]
Editor's Note: See 53 P.S. § 10505-A(c)(2).