[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
This Part shall be known as the "New Hanover Township Impact
Fee Ordinance."
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
The purpose of this Part is to update the traffic impact fee program
(referred to hereinafter as the "program") to ensure that the transportation
system within the Township serving its residents and the general public
is and continues to be available and adequate to support new growth
and development.
2.
To advance this objective, the Board of Supervisors hereby updates
its impact fee, hereinafter calculated, which shall be payable to
New Hanover Township at the time of, and as a condition precedent
to, building permit issuance.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
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 consistent and comply with
those set forth in Act 209 of 1990,[1] and any and all amendments thereto (hereinafter referred
to as the "Act"), are incorporated herein by reference, and consist
of:
(1)
The analysis, advice and recommendations of the New Hanover
Township Impact Fee Advisory Committee.
(2)
The recitals set forth in current Impact Fee Ordinance, and
this Part.
(3)
The New Hanover Township land use assumptions as adopted in
Res. No. 19-04 by the Board of Supervisors on February 7, 2019.
(4)
The New Hanover Township Roadway Sufficiency Analysis Report
and Transportation Capital Improvements Plan, as adopted in Res. No.
19-11 as adopted by the Board of Supervisors on June 24, 2019.
(5)
Such other conditions and standards as the Board of Supervisors
may by resolution or otherwise identify from time to time as being
relevant to the imposition of an impact fee and consistent with the
provisions of the Act and any amendments hereto.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
B.
The collection, disbursement and accounting of impact fees shall
be administered by the office of the Township Manager, subject to
supervision, review, oversight and control by the Board of Supervisors.
E.
Exemptions, if any, shall be at the discretion of the Board of Supervisors,
and such exemptions as the Board shall choose to enact shall be consistent
with the Act.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
The terms and definitions set forth in Section 502.A of the
Act[1] are hereby adopted and incorporated into this Part by
reference. The terms "traffic impact fee" and "impact fee" as used
in this Part shall have the same meaning as "impact fee" used in the
Act.
[1]
Editor's Note: See 53 P.S. § 10502-A.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
Impact fees collected pursuant to this Part shall be expended
for such costs, fees, and expenses as may be incurred for improvements
attributable to subdivision, land development and construction within
transportation service area and designated in the Transportation Capital
Improvements Plan adopted by the Board of Supervisors in Res. No.
19-11. Additionally, such impact fees may be used for the acquisition
of land, rights-of-way, engineering, legal, planning 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 the Roadway Sufficiency Analysis permitted under the
provisions of the Act.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
Where necessary and intended to assist in determining the appropriate
amount of impact fees, the Township may require or permit the preparation
of special traffic impact studies to determine the traffic generation
or circulation patterns in new nonresidential developments only; provided,
however, that no such studies may be required where the proposed development
will not require a deviation from the land use assumptions used to
create the program.
2.
Any special traffic impact studies required or permitted by the Township
shall be submitted prior to the imposition of the traffic impact fee
and shall be considered in the determination of the fee.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
The total impact fee for transportation capital improvements shall
be based upon the total costs of the road improvements enumerated
in the Transportation Capital Improvements Plan within a given transportation
service area which are attributable to and necessitated by new development
within the transportation service area, divided by the number of anticipated
"new" P.M. peak-hour trips generated by all new development in the
transportation service area consistent with the Land Use Assumptions
Report and calculated in accordance with the Trip Generation Manual
published by the Institute of Transportation Engineers, 10th Edition
or subsequent editions, which is hereby adopted by the Township, to
equal a per-trip cost for transportation improvements within the transportation
service area.
2.
The specific impact fees for a specific new development or subdivision
within a transportation service area shall be determined as of the
date of preliminary land development or subdivision approval by multiplying
the per-trip cost established for the service area by the estimated
number of trips to be generated by the new development using generally
accepted traffic engineering standards.
3.
The Board of Supervisors may authorize or require the preparation
of a special transportation study in order to determine the traffic
generation or circulation for a new nonresidential development to
assist in the determination of the amount of the impact fee for such
development or subdivision. No special transportation study shall
be required or permitted when there is no deviation from the land
use assumptions resulting in increased density, intensity or trip
generation by a particular development. A developer or the Board of
Supervisors may, however, at any time, voluntarily prepare and submit
a traffic study for a proposed development or may have such a study
prepared at its expense after the development is completed to include
actual trips generated by the development for use in any appeal as
provided for under Act 209.[1] Any such special transportation study shall be prepared
by a qualified traffic or transportation engineer using procedures
and methods established by the Township based on generally accepted
transportation planning and engineering standards. A special study
required by the governing body shall be submitted prior to the imposition
of an impact fee and shall be taken into consideration by the governing
body in increasing or reducing the amount of the impact fee for the
new development.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
The transportation service area is established as shown on the "Transportation
Service Area Map" (attached hereto as Ex. 22-12-A and incorporated
herein by reference).[1]
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
2.
Additional transportation service areas or designation of transportation
service areas may be designated by the Board of Supervisors from time
to time consistent with the procedure set forth in the Act and this
Part and in consideration of the following factors:
A.
The Comprehensive Plan;
B.
Any standards for adequate public facilities incorporated in the
program;
C.
The projected build-out and timing of subdivision, development, and
construction within the transportation service area;
D.
The need for the cost of unprogrammed transportation improvement
as may be determined necessary by special traffic studies or changed
physical conditions to support projected subdivision, development
or construction;
E.
Such other factors as the Board of Supervisors may deem relevant.
3.
Impact fees collected from development in the transportation service
area will be used exclusively to fund transportation improvement projects
scheduled for that district.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
There is hereby enacted an impact fee to be imposed upon any subdivision,
development and construction for the purpose of off-site transportation
capital improvements as may be authorized by the Act and as described
in the Transportation Capital Improvement Plan adopted by the Board
of Supervisors. Said impact fee shall apply to all subdivisions, developments
and construction within the transportation service area identified
herein and shall be a condition precedent to final approval of a land
development plan, a subdivision plan or issuance of a building permit
or use and occupancy permit as may be necessary.
2.
In accordance with the New Hanover Township Roadway Sufficiency Analysis
and Transportation Capital Improvements Plan prepared by McMahon Associates,
Inc., dated June 13, 2019, the impact fee per new weekday P.M. peak-hour
trip generated by new development for the transportation service area
shall be in the amount of $4,152.45.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
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 of development.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
Collection. Impact fees due pursuant to this Part shall be collected
by the Township Manager, subject to review, oversight and control
of the Board of Supervisors, in the manner or manners prescribed herein
prior to the issuance of a building permit or use and occupancy permit,
whichever occurs first.
2.
Establishment of Fund. Upon receipt of impact fees, the Township
Manager shall be responsible for the separate and proper accounting
of such fees. All such fees shall be deposited in interest-bearing
accounts identified relative to the transportation service area in
a bank authorized to receive deposits of 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.
3.
Establishment and Maintenance of Accounts. The Township Manager shall
establish appropriate accounts and shall maintain records whereby
impact fees collected can be segregated for each transportation service
area, if applicable.
4.
Maintenance of Records. The Township Manager 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 moneys 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.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
Payment of the impact fee shall be made by the person or applicant
seeking to build or develop prior to the issuance by the Township
of any building permit or use and occupancy permit or construction
on the applicable site.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
Any applicant who shall perform, at his or her own expense and with
the consent and agreement of the Board of Supervisors, any off-site
improvements enumerated on the Roadway Sufficiency Analysis and Transportation
Capital Improvements Plan 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 or she must enter into
an agreement with the Township prior to the issuance of any building
permit or use and occupancy 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, Montgomery County Roads and Bridges, and/or
Pennsylvania Department of Transportation standards and design criteria
and such other terms and conditions as deemed necessary by the Board
of Supervisors, including the deposit with the Township of financial
security in an amount sufficient to guarantee the construction of
the improvement in the manner provided for by Article V of the Pennsylvania
Municipalities Planning Code.[1] 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 or use and occupancy
permit. In no event shall the Board of Supervisors provide a credit
which is greater than the applicable impact fee.
[1]
Editor's Note: See 53 P.S. 10501 et seq.
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 rights-of-way, realignment
or widening of existing roadways within the transportation service
area consistent with the TCIP.
4.
As a credit against impact fees, an applicant shall be entitled 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.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
1.
Impact fees collected pursuant to this Part 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 that the payor's impact fee payment, plus interest
earned, bears to the total impact fees collected plus interest.
B.
In the event that any specific road improvement project is completed
at a cost to the Township of 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 that 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 or her option, may roll over
the traffic impact fees attributable to an expired building permit
to cover fees incurred by a renewal of such expired permit.
2.
With respect to refunds arising out of Subsections 1A or B hereof, any funds unclaimed within one year, after notice as required by law, shall be transferred to the general account of the Township, and the payor's entitlement to such refund shall lapse. It is the responsibility of the payor to provide the Township with the current address of his or her place of business.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
This Part shall not affect, in any manner, the permissible use
of property, the 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.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
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 or use
and occupancy 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 Part; provided,
however, that a property owner may be required to pay, pursuant to
Township ordinances, regulations or policies, for other public improvements
or facilities (including on-site transportation capital improvements)
in addition to the impact fee for off-site transportation improvements
as provided herein.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
This Part shall take effect five days after its passage.
[Ord. 05-03, 6/13/2005, Art. I; as amended by Ord. No. 19-02, 9/5/2019]
The provisions of this Part 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.
