This Article shall be known as the "Worcester Township Traffic Impact Fee Ordinance."

The purpose of this section is to establish a Traffic Impact Fee Program (referred to hereinafter as the "Program") to ensure that the Township's transportation system is available and adequate to support new growth and development.

The Board of Supervisors hereby finds and declares that:

1. The conditions and standards for the determination and imposition of the Traffic Impact Fees set forth herein are those set forth in Act 209 of 1990, and any and all amendments thereto (hereinafter referred to as the "Act"), and consist of

A. The analysis, advice and recommendations of the Traffic Impact Fee Advisory Committee.

B. The Land Use Assumptions Report as adopted by the Board of Supervisors.

C. The Roadway Sufficiency Analysis as adopted by the Board of Supervisors.

D. The Transportation Capital Improvements Plan as adopted by the Board of Supervisors.

E. 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 Traffic Impact Fees and consistent with the provisions of Act 209 of 1990 and any amendments thereto.

The terms and definitions set forth in Section 502.A. of the Act are hereby adopted and incorporated into this Article by reference. The term Traffic Impact Fee as used in this Article shall have the same meaning as Impact Fee used in the Act.

Traffic 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 Improvement Plan within the North and South transportation service areas designated in the Roadway Sufficiency Analysis and Transportation Capital Improvement Plan as more particularly set forth hereinafter. Additionally, such Traffic 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.

1. Where intended to assist in determining the appropriate amount of Traffic 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 requited 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.

No building permit shall be issued for construction in a designated Transportation Service Area unless the building permit applicant has paid the Traffic Impact Fees imposed by and calculated pursuant to this Article.

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 Improvement 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 P.M. peak hour trips generated by all new development in the Transportation Service Areas consistent with the Land Use Assumptions Report and calculated in accordance with the Trip Generation Manual published by the Institute of Transportation Engineers, Sixth Edition or subsequent editions, which is hereby adopted by the Township, to equal a per trip cost for transportation improvements within the Transportation Service Areas.

2. The specific Traffic 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 (as set forth in § 130-56) 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 Traffic 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. 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 a Traffic Impact Fee and shall be taken into consideration by the governing body in increasing or reducing the amount of the Traffic Impact Fee for the new development.

There are hereby established two Transportation Service Areas in the Township consisting of the North Transportation Service Area and the. South Transportation Service Area. The boundaries of the North and South Transportation Service Areas are delineated on the map labeled "Figure 3, Transportation Service Areas" found on page 8 of the Worcester Township Roadway Sufficiency Analysis and Transportation Capital Improvement Plan and are incorporated herein by reference.

In accordance with the Worcester Township Roadway Sufficiency Analysis and Transportation Capital Improvement Plan prepared by McMahon Associates, Inc. dated March 2003, the Traffic Impact Fee per P.M. peak trip generated by new development for the North Transportation Service Area shall be in the amount of Two Thousand Five Hundred Fifty-Six and XX/100 Dollars ($2,556.00). The Traffic Impact Fee for each P.M. peak trip in the South Transportation Service Area shall be Two Thousand Seven Hundred Twenty-eight and XX/100 Dollars ($2,728.00).

Prior to making an application for a building permit, an applicant may request a nonbinding Traffic 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.

1. Collection. Traffic Impact Fees due pursuant to this Article shall be collected by the Township Treasurer, 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.

2. Establishment of fund. Upon receipt of Traffic Impact Fees, the Township 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 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 Treasurer shall establish appropriate accounts and shall maintain records whereby Traffic Impact Fees collected can be segregated for each Transportation Service Area.

4. Maintenance of records. The Township 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 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.

Payment of the Traffic Impact Fee shall be made by the person seeking to build or develop prior to the issuance of a building permit by the Township for development on the applicable site.

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 Transportation Capital Improvement Plan shall be eligible for a credit from the Traffic 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 Traffic 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. 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 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. 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 Traffic 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 Traffic Impact Fee. If, however, the amount of the credit is calculated to be greater than the amount of the Traffic 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.

3. An applicant shall be entitled, as a credit against Traffic 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.

4. As a credit against Traffic 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 Improvement Plan and which was performed at the applicant's expense.

Traffic 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:

1. In the event the Township completes or terminates the Transportation Capital Improvement 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 Traffic Impact Fee payment, plus interest earned, bears to the total impact fees collected plus interest.

2. 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.

3. In the event that the Township fails to commence construction within three years of the scheduled construction date of the project as set forth in the Transportation Capital Improvement Plan, the Township shall refund the portion of the fee paid by any payor making written request therefor which is attributable to such project, with accumulated interest, provided that no refund shall be paid with respect to any project actually begun prior to the receipt of such refund request:

4. In the event that the development for which Traffic Impact Fees were paid has not commenced prior to the expiration of the building permit issued therefor, the Traffic Impact Fees paid, with accumulated interest, and shall be refunded to the payor. Further, if a building permit, after issuance, is altered in such a way as to reduce the indicated Traffic 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.

With respect to refunds arising out of Subsections (1) or (2) hereof, any fends 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.

This Article 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.

The Traffic 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 improvements or facilities (including on-site transportation capital improvements) in addition to the Impact Fee for off-site transportation improvements as provided herein.

1. This Article shall take effect immediately upon its passage.

2. Notwithstanding the above subsection, Traffic Impact Fees may be imposed on those projects involving land developments and subdivisions for which an application has been filed on or after the first publication of Township's Notice of Intention to adopt this Traffic Impact Fee Ordinance; provided, however, that such retroactivity does not exceed eighteen months after the adoption of the resolution that created the advisor committee in connection herewith.

3. In retroactive applications, the per-trip fee may not exceed One Thousand Dollars ($1,000) or the actual calculated fee, whichever is less.

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.

**Webmasters Note: The previous Article has been added as per Ordinance No. 2003-192.

General Provisions

1 The work authorized by this permit shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the township, designated herein as the "township " If any time it shall be found by the township that the work is not being done or has not been properly performed the permittee and/or its contractor, upon being notified in writing by the township, shall immediately take the necessary steps, at its own expense, toward placing the work in condition to conform to said requirements or standards

2 In the event of willful failure or neglect by said permittee and/or its contractor or their employees to perform and comply with the conditions, restrictions and provisions of this permit, the township may revoke and annul this permit and order and direct said permittee and/or its contractor to remove any or all structures or property belonging to said permittee and/or its contractor from the legal limits of the highway right-of-way and to restore the highway right-of-way to its former condition

3 If work is stopped on a project for any reason and any ditch or trench, in the opinion of the township, remains open for an unreasonable period, the permittee and/or its contractor, if so directed, shall refill the ditch or trench and work shall not be resumed thereon until the permittee and/or its contractor is prepared to proceed with the work until completion In the event that the permittee and/or its contractor fails to refill the ditch or trench or proceed until completion of the work upon notice from the township to do so, the township may perform the necessary and required work subject to reimbursement by the permittee and/or its contractor

4 The permittee shall pay all costs and expenses incident to or growing out of the project, including the prescribed fees for the same, the cost of making and maintaining the temporary restoration of the disturbed areas and making permanent restoration, and further shall reimburse the township for any inspection costs which the township may deem it necessary to incur, and the permittee shall reimburse the township for said costs within thirty (30) days after receipt of the statement setting forth sums expended therefor by the township

5 If the permittee and/or its contractor, after making an opening in the highway to place or repair pipe or for any other purpose, fails to restore any portion of highway right-of-way to conform to specifications of the township, the township reserves the right to do the work and bill the permittee for the cost of the restoration

6 The permittee will submit to the township certificate or certificates of insurance for public liability and property damage in sufficient amounts to cover any loss that may be incurred for or on account of any matter, cause or thing arising out of the construction, reconstruction, repair, relocation or installation of the permitted facilities, except in those instances where the township by prior arrangement has authorized the permittee to provide other means of protecting the township and its employess.

7. The permission herein granted does not relieve the permittee and/or its contractor form obtaining any consent otherwise required from the owner or owners of the abutting property and does not confer upon the permittee and/or its contractor the right to cut, remove or destroy trees or shrubbery within the legal limits of the highway except under such conditions, restrictions and regulations as the township may prescribe

8 If at any time the structure or facility shall become a hazard from any cause whatsoever, the permittee and/or its contractors hall have the same removed or repaired within forty-eight (48) hours after receipt of written notification, except at tunes of extraordinary happenings when extension of such time limit may be given by the township

9 After each and every excavation made by the permittee and/or its contractor in any road or highway right-of-way covered by this permit incident to the erection, repair, resetting or removal of any poles, manholes, conduits, water, steam, oil, gas pipes, sewers or any other obstructions or construction, said permittee and/or its contractor shall, under the supervision and direction of the township, restore the road to a condition conforming to requirements and/or specifications of the township So long as said permittee and/or its contractor operates and leaves in place such structures and appliances in, upon or along said highway right-of-way, the permittee and/or its contractor shall maintain and keep in good order and repair said structures and appliances The permittee covenants and agrees to fully indemnify and save harmless the township of and from all liability for damages or injury occurring to any person or persons or property at or on said roads through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon said work by, at the instance or with the approval or consent of the permittee or from the failure of the permittee and/or its contractor to comply with the provisions set forth herein

10 If at any time in the future the highway is widened or the alignment or grades are changed, the permittee further agrees to change or relocate any part of the structures covered by this permit which interferes with the improvement of the highway, at its own expense, to the extent now or hereafter required by law

11 During the time when the highway right-of-way covered by this permit is under process of construction and/or until said road or highway is accepted by the township, no permittee and/or its contractor will be authorized to enter upon said highway right-of-way for the purpose of erecting poles, laying conduits, water, steam, oil or gas pipes or sewers or doing any other work whatsoever which might interfere with the construction of the road or highway, unless said permittee and/or its contractor shall first file with the township a duly attested certificate, signed by the contractor or other authority constructing said road or highway, containing the full consent to such proposed work of said permittee and/or its contractor within the lines of said highway right-of-way together with a satisfactory waiver, release and quit-claim to the township of all damages and all defenses whatsoever for delays by reason of such work and occupation of said roadway by said permittee and/or its contractor or from any cause whatsoever resulting by reason of such work and occupation, provided that the provisions of this paragraph shall not apply in case of emergency, in such case the permittee and/or its contractor shall procure the written consent of the township to do such work as may be deemed necessary to correct the existing emergency conditions

12 Any work done under this permit shall be subject to the conditions, restrictions and provisions of this permit which shall govern all excavations, openings and trenches for the purpose of making repairs to any poles conduits, water, steam, oil or gas pipes or sewers or other-structures-or property-and-appurtenances thereto belonging, erected on or in the highway right-of-way

13. This permit is issued subject to any additional rights which the township in which the work is to be done may have in such matters

14 After a permit is granted by the township it shall not be assigned nor transferred without prior written approval from the township

15 To protect the highway surface or pavement on said projects, all equipment used by the permittee and/or its contractor shall be approved by the township Such equipment shall have rubber runners or wheels In the event that other than rubber equipped machinery is used, the pavement shall be protected by the use of heavy rubber or similar matting which shall be a minimum of four (4) inches wider on each side than the tracks or wheels of the equipment used

16 Information as to the date and character of construction or reconstruction of the township road or street may be obtained by contacting the township

17 If in the construction work the permittee will be required to use certain blasting operations in the excavation, the permittee agrees to make, execute and deliver to the township a bond in the sum stipulated by the township with surety in the form of a surety company, duly registered and authorized to do business in Pennsylvania, conditioned that the permittee will save harmless the township from any damages whatsoever to its subgrade, subbase, modified subbase, drainage facilities, road metal and any other installations or matters in, under or upon the highway right-of-way for a period of two (2) years from the date of the completion of the last work covered by this permit

18 Maintenance and protection of traffic for work authorized by this occupancy permit must be carried out in accordance with the requirements of the township In this connection, the permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property from operations covered by this permit A traffic control plan may be required as directed by the township

(a) Warning signs shall be placed beyond each end of the actual operation in such a manner as to be visible to the traveling public and meet the requirements of the township These signs shall display the name of the permittee and/or its contractor on the back of the sign Special employees shall be assigned by the permittee and/or its contractor to direct traffic when it becomes necessary to limit it to one (1) way Advance permission must be obtained from township or its authorized representative before directing traffic through one (1) lane Substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the highway right-of-way in a manner approved by the township

(b) Flagmen will be provided as specified and in accordance with the requirements of PennDOT 26

During construction, all disturbed areas should be seeded according to the following instructions

Seeding recommendation for six to twelve-month periods

(1) Install needed water-control measures

(2) Perform all cultural operations at right angles to the slope

(3) Lime according to soil test or knowledge of the site or apply two (2) tons of ground limestone per acre

(4) Fertilize according to soil test or knowledge of the site or apply 40-40-40 per acre

(5) Incorporate lime and fertilizer into the top four (4) inches of surface soil by discing or other suitable means

(6) Seed one (1) of the following mixtures at the most suitable date Apply uniformly with a drill or by broadcasting

a March 1 to October 1 twenty (20) pounds of annual rye grass or field bromegrass per acre

b March 1 to May 30 twenty (20) pounds of annual rye grass or field bromegrass and sixty-four (64) pounds of spring oats per acre

c August 1 to November 1 twenty (20) pounds of annual rye grass or field bromegrass and one hundred twelve (112) pounds of winter rye per acre

(7) Cover grass and legume seeds one-fourth-inch deep with cultipacker or harrow Cover rye or oats about two (2) inches deep

(8) Mow rye or oats just before they head out if slope permits

Section 130-6 shall prevail in cases of conflict with the above provisions