[HISTORY: Adopted by the Township Council
of Horsham Township as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-9-2013 by Ord.
No. 2013-1[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 122,
Impact Fees, adopted 12-10-1991 by Ord. No. 184, as amended.
This article shall be known as the "Horsham Township Transportation
Impact Fee Ordinance."
The purpose of this article is to establish a transportation
impact fee program to ensure that the Township's transportation
system 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.
The Township Council 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 Pennsylvania Municipalities Planning Code, Act
209 of 1990, and any and all amendments thereto (hereinafter the "Act"),[1] and consist of:
(1)
The recitals set forth above;
(2)
The analysis, advice, and recommendations of the Horsham Township
Transportation Impact Fee Advisory Committee;
(3)
The Land Use Assumptions as adopted by the Township Council;
(4)
The Roadway Sufficiency Analysis as adopted by the Township Council;
(5)
The Transportation Capital Improvements Plan as adopted by the Township
Council; and
(6)
Such other conditions and standards as the Board 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 Act.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
B.
The collection, disbursement, and accounting of transportation impact
fees shall be administered by the Township staff, subject to review,
oversight, and control of the Township Council.
C.
The amount of the per-peak-hour trip transportation impact fees shall be as set forth in § 122-12 of this article.
D.
The time, method, and procedure for payment of transportation impact fees shall be as set forth in § 122-19 of this article.
E.
The procedure for credits against transportation impact fees shall be as set forth in § 122-20 of this article.
The terms and definitions set forth in Section 502-A of the
Act (53 P.S. § 10502-A) are hereby adopted and incorporated
in this article by reference.
There is hereby enacted a transportation impact fee to be imposed
upon new development for the purpose of off-site public transportation
capital improvements as authorized by the Act and as described in
the Transportation Capital Improvements Plan adopted by the Township
Council. Said transportation impact fees 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 and/or issuance of a building permit.
Transportation 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 Township Council in Resolution No. 2012-__ 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 cost of preparing the Roadway Sufficiency
Analysis as is allowed under the provisions of the Act.
The following documents, previously adopted by the Township
Council, are hereby incorporated by reference into this article:[1]
A.
Recommendations of the Horsham Township Transportation Impact Fee
Advisory Committee, including those set forth in the documents identified
below.
B.
Land Use Assumptions as adopted by Township Resolution No. 2012-15.
C.
Roadway Sufficiency Analysis as adopted by Township Resolution No.
2012-21.
D.
Transportation Capital Improvements Plan as adopted by Township Resolution
No. 2012-__.
E.
The Impact Fee Schedule as established by Township resolution.
[1]
Editor's Note: Said documents are on file in the Township
offices.
A.
Where a new nonresidential development is proposed which deviates
from the land use assumptions resulting in increased density, intensity,
or trip generation, the developer may be required to prepare a special
transportation study in order to assist the Township in determining
traffic generation or circulation patterns and to serve as the basis
for the determination of the appropriate amount of transportation
impact fees for such development or subdivision. Such transportation
studies shall conform to the requirements of the Horsham Township
Subdivision and Land Development Ordinance.[1] Any such studies shall be submitted prior to the imposition
of the impact fee and shall be considered in the determination of
said fee.
B.
Any such studies required by the Township shall be submitted prior
to the imposition of the transportation impact fee and shall be considered
in the determination of the fee.
This article shall be uniformly applicable to all new development
that occurs within a designated transportation service area.
No building permit shall be issued in conjunction with any new
development in a designated transportation service area, as herein
defined, unless the applicant therefor has paid the impact fee imposed
by and calculated pursuant to this article.
(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
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, sixth 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 transportation impact fee for a specific new development
or subdivision within a transportation service area for road improvements
shall be determined as of the date of preliminary land development
or subdivision approval by multiplying the per-trip cost established
for the transportation service area by the estimated number of PM
peak-hour trips to be generated by the new development or subdivision
using the Trip Generation Manual published by the Institute of Transportation
Engineers, sixth or subsequent editions as amended.
C.
The Township Council may authorize or require the preparation of
a special transportation study in order to determine traffic generation
or circulation for a new nonresidential subdivision or development
to assist in the determination of the amount of the transportation
fee for such subdivision or development.
B.
Additional transportation district subareas or combinations of transportation
district subareas may be designated by Township Council from time
to time consistent with the procedure set forth in this article and
in consideration of the following factors:
(1)
The Township 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 developments; and
(5)
Such other factors as the Township Council may deem relevant.
C.
Fees collected from development in each of the transportation service
areas and/or transportation district subareas, as the case may be,
will be used exclusively to fund transportation improvement projects
scheduled for that area or subarea.
The amount of per-peak-hour trip fee for the east transportation
service area is $2,366, and the amount of per-peak-hour trip fee for
the west transportation service area is $2,235, unless either is revised
or amended in accordance with the provisions hereof and the Act. These
costs were calculated in accordance with § 503-A(e)(1)(iv)(C)
and § 505-A(a)(1) of the Act, as follows:
A.
East transportation service area. The total costs of road improvements
in the east transportation service area included in the adopted Transportation
Capital Improvements Plan attributable to and necessitated by new
development within the transportation service area, including 50%
of the estimated costs of improvements to highways, roads, and streets
qualifying as a state highway or portion of the rural highway system
as provided in § 102 of the State Highway Law, is $2,183,882.
B.
West transportation service area. The total costs of road improvements
in the west transportation service area included in the adopted Transportation
Capital Improvements Plan attributable to and necessitated by new
development within the transportation service area, including slightly
less than 50% of the estimated costs of improvements to highways,
roads and streets qualifying as a state highway or portion of the
rural highway system as provided in § 102 of the State Highway
Law, is $2,040,715.
There is hereby imposed an additional impact fee upon new developments
which generate 1,000 or more new peak-hour trips, net of pass-by trips
as defined by the Trip Generation Manual published by the Institute
of Transportation Engineers, sixth or subsequent editions, during
the peak-hour period designated in this article. The applicant for
such a development shall perform traffic analysis of development traffic
impact on highways, roads, or streets outside the transportation service
area in which the development site is located but within the boundaries
of Horsham Township. Any such highways, roads or streets or parts
thereof outside the transportation service area which will accommodate
10% or more of development traffic and 100 or more new peak-hour trips
shall be studied, and the applicant shall mitigate the traffic impacts
of the development on such highways, roads, and streets to maintain
the predevelopment conditions after completion of the development.
Any other provisions of this article to the contrary notwithstanding,
in accordance with the provisions of Act, Horsham Township may expend
transportation impact fees paid by an applicant on projects not contained
in the Transportation Capital Improvement Plan or may provide credit
against the transportation impact fees for the value of any constructions
projects not contained in the Transportation Capital Improvement Plan
or may provide credit against transportation impact fees for the value
of any construction projects not contained in the Transportation Capital
Improvement Plan which are performed at the applicant's expense
if all of the following criteria are met:
A.
The applicant has provided written consent to use of its transportation
impact fees or the provision of such credit against the applicant's
transportation impact fees for the specific transportation projects
which are not included in the Transportation Capital Improvement Plan.
B.
The alternative transportation projects, whether highway or multimodal,
have as their purpose the reduction of traffic congestion or the removal
of vehicle trips from the roadway work.
C.
Horsham Township amends its Transportation Capital Improvement Plan
components required by Section 504-A(e)(1)(vi) of the Act to provide
replacement of the collected transportation impact fees transferred
to transportation projects outside the Transportation Capital Improvement
Plan from sources other than transportation impact fees or developer
contributions within three years of completion of the alternative
projects to which the transferred fees were applied or for which credit
was provided. All interest earned on such funds shall become funds
of that account. Horsham Township shall make an accounting annually
for any fund account containing impact fee proceeds and earned interest.
Such accounting shall include, but not be limited to, the total funds
collected, the source of the funds collected, the total amount of
interest accruing on such funds and the amount of funds expended on
specific transportation improvements. Notice of the availability of
the results of the account shall be included and published as part
of the annual audit required by Horsham Township. A copy of the report
shall also be provided to the Transportation Impact Fee Advisory Committee.
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 specified
a different type of development upon the site.
A.
Collection of impact fee. Transportation 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 transportation impact fees,
the Township staff 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 staff shall
establish appropriate trust fund accounts and shall maintain records
whereby transportation impact fees collected can be segregated for
each transportation service area.
D.
Maintenance of records. The Township staff 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 service area.
Payment of the transportation impact fee shall be made by the
applicant prior to the issuance of a building permit by the Township
in conjunction with new development. The transportation impact fee
shall be paid to the Township in cash, bank cashier's check,
certified check, or electronic fund transfer approved by the Township
Council and shall be administered by the Township in accordance with
the provisions of this article.
Any applicant who performs, at his own expense and with the
prior written consent and agreement of the Township Council, off-site
improvements, as herein defined, shall be eligible for a credit from
the transportation 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 transportation impact
fee.
A.
An applicant shall be entitled, as a credit against transportation
impact fees, to an amount equal to the value of any road improvement
construction which is contained in the Transportation Capital Improvements
Plan and which was performed at the applicant's expense.
B.
If the applicant makes such improvements, he must enter into an agreement
with the Township Council, prior to construction of the improvements
and 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 standards, and design criteria and such other terms
and conditions as deemed necessary by the Township Council. The Township
Council 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. The amount of such credit for any capital improvement constructed
shall be the amount allocated in the Transportation Capital Improvement
Plan, including contingency factors, for such improvement. In no event
shall the Township Council 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 transportation impact
fee due, the applicant may use such excess credit toward the transportation
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.
C.
An applicant shall be entitled, as a credit against transportation
impact fees, to 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. The fair market value
of any land dedicated to and accepted by the Township shall be determined
as of the date of the submission of the subdivision or land development
application to the Township.
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 Transportation
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 transportation impact fee
payment (plus interest earned) bears to the total transportation impact
fees collected (plus interest earned). The Township shall provide
written notice, by certified mail, to each person who previously paid
the fees and remain undisbursed that such person's proportionate
share of the fund balance is available for refund to such person.
Such notice shall be provided to the last known address provided by
the payor of the transportation impact fees to the Township. In the
event that any of the funds remain unclaimed following one year after
the notice, the Township shall be authorized to transfer any funds
so remaining to any other fund of the Township without any further
obligation to refund said funds. It shall be the responsibility of
the payor to provide the Township, at all times, with a current address
for such notice.
B.
In the event any specific road improvement project is completed at
a cost to the Township that is 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 of a project
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 transportation impact 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. Failure of a payor to make such written request
prior to the commencement of such project shall be deemed a waiver
of any right to such refund. Commencement being defined herein as
the start of any type of work on the project, including, but not limited
to, earthwork; issuance of notifications; filing of applications;
issuance of permits; surveying, engineering and design work; initiating
condemnation actions; and/or land acquisition.
D.
In the event the new development for which transportation impact
fees were paid has not commenced prior to the expiration of the building
permit issued therefor, the transportation 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
transportation 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 transportation impact fees attributable
to an expired building permit to cover fees incurred by a renewal
of said expired permit.
This article shall not affect, in any manner, the permissible
use of the property, density of development, previously adopted design,
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 regulations of the
Township, which shall be operative and remain in full force and effect
without limitation with respect to all such development.
The transportation 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 transportation impact fee for transportation improvements
as provided herein.
The provisions of this article 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.
A.
Any person required to pay a transportation impact fee shall have
the right to contest the land use assumptions, the development and
implementation of the Transportation Capital Improvement Plan, the
imposition of transportation impact fees, the periodic updating of
the Transportation Capital Improvement Plan, the refund of transportation
impact fees, and all other matters relating to transportation impact
fees, including the constitutionality or validity of the transportation
impact fee ordinance by filing an appeal with the Montgomery County
Court of Common Pleas.
B.
A master may be appointed by the Court to hear testimony on the issues
and return the record and a transcript of the testimony, together
with a report and recommendations, or the Court may appoint a master
to hold a nonrecord hearing and to make recommendations and return
the same to the Court, in which case either party may demand a hearing
de novo before the Court.
C.
Any cost incurred by parties in such an appeal shall be the separate
responsibility of the parties.
A.
Notwithstanding the effective date of this article, transportation
impact fees may be imposed on those projects involving development
or subdivisions, for which an application has been filed on or after
the first publication of notice of the Township's intent to adopt
this article; provided, however, that such retroactivity does not
exceed 18 months after the adoption of the resolution that created
the Township's Transportation Impact Fee Advisory Committee.
B.
In retroactive applications, the per-trip fee may not exceed $1,000
or the actual calculated fee, whichever is less.
Township Council, may, not more frequently than annually, request
the Impact Fee Advisory Committee to review the capital improvements
and impact fee charges and make recommendation for consideration and
adoption of Council based on changes in the estimated cost of the
proposed transportation capital improvements, which may be recalculated
by construction cost index as published in the City/County Magazine
or Engineering News Record.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality, or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as the intent of the
Township Council of Horsham Township that this article would have
been adopted had such unconstitutional, illegal, or invalid sentence,
clause, section, or part thereof not been included therein.
This article shall become effective one day after enactment
or upon recordation of this article within the Township's official
Ordinance Book, whichever comes later.
