[HISTORY: Adopted by the Council of the Municipality of Murrysville 12-16-2015 by Ord. No. 941-15.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
135, Impact Fees, adopted 7-12-2006 by Ord. No. 718-06.
This chapter shall be known as the "Municipality of Murrysville Impact Fee Ordinance" and shall be codified in the Municipal Code as repealing and replacing Chapter 135, Impact Fees.
The purpose of this chapter is to repeal and replace the provisions of Chapter 135 of the Code of the Municipality of Murrysville that contains the Municipality of Murrysville Impact Fee Ordinance and enact new provisions for the Municipality of Murrysville Impact Fee Program, including a TRANSPORTATION CAPITAL IMPROVEMENTS PLAN,[1] to ensure that the transportation system is available
and adequate to support existing volumes of traffic and traffic projected
to be generated by new growth and development. To advance this objective,
the Municipality of Murrysville Impact Fee Program shall be based
upon the imposition of an IMPACT FEE payable to the Municipality at
the time of BUILDING PERMIT issuance. Additionally, the program identifies
existing deficiencies due to pass-through trips and future trip generation
attributable to NEW DEVELOPMENT. The program will provide a continuing
generation of funds necessary for the Municipality to initiate and
complete capital transportation improvements as needed in support
of new growth and development. Such a program will involve participation
by DEVELOPERS as well as local, state and federal governments. Through
the Impact Fee Program, the Municipality is establishing a process
whereby future traffic needs can be addressed in a timely manner and
the impact of increased traffic volumes can be minimized to the extent
possible.
The Council hereby finds and declares that:
A.
The recitals set forth at the beginning of this chapter are incorporated
herein as findings of the Council as if fully set forth below.
B.
The Municipality is committed to the provision of a transportation
system at service levels necessary to support residential and nonresidential
growth and development.
C.
Transportation service levels will be provided by the Municipality
utilizing funds allocated via the capital budget, capital improvements
programs, formal and informal partnerships with the Pennsylvania Department
of Transportation (PennDOT) and IMPACT FEES.
D.
The aggregation of development in the defined TRANSPORTATION SERVICE
AREA intensifies the demand for transportation improvements designed
to accommodate traffic volumes at a "D" level of service as defined
by the Transportation Research Board of the National Academy of Science,
which is the minimum acceptable level of service to accommodate such
development and the intensity thereof.
E.
The development potential of properties in the defined TRANSPORTATION
SERVICE AREA is reflected in the RSA Report and the Municipality's
COMPREHENSIVE PLAN and is implemented via the Subdivision and Land
Development Ordinance and the Zoning Ordinance.[1]
F.
To the extent that NEW DEVELOPMENT in the TRANSPORTATION SERVICE
AREA places demands upon the transportation system, those demands
should be satisfied by the establishment of an Impact Fee Program
that distributes the responsibility for financing the provision of
such transportation facilities among the Municipality, state and federal
governments, and DEVELOPERS.
G.
The amount of the IMPACT FEE to be imposed shall be calculated in
accordance with the provisions of the MPC[2] and this chapter, applying the engineering standards set
forth in Trip Generation, 9th Ed., 2012, vols. 1-3, Institute of Transportation
Engineers, and any amendments or future editions thereof.
[2]
Editor's Note: The Municipalities Planning Code; see
53 P.S. § 10101 et seq.
H.
The Municipality hereby finds and declares that an IMPACT FEE imposed
upon NEW DEVELOPMENT, in order to assist in the financing of specified
major TRANSPORTATION CAPITAL IMPROVEMENTS in the defined TRANSPORTATION
SERVICE AREA, the demand for which has been quantified through the
application of land use assumptions provided by the Impact Fee Advisory
Committee appointed by the Council, is in the best interest of the
Municipality and its residents.
As used in this chapter, the words shall have the meaning set
forth in Sections 107 and 502-A of the MPC unless the context clearly
indicates to the contrary.[1] The following words and terms, not defined in the MPC
or defined differently from the MPC, shall have the following meanings
unless the context clearly indicates to the contrary:
A permit for the activities regulated under the Pennsylvania
Uniform Construction Code as administered by the Municipality and
any activity requiring an OCCUPANCY PERMIT, including, without limitation,
the following activities:
The construction or alteration of a man-made object having a
stationary location on land or water.
The construction of an addition.
The demolition of or the movement of a man-made object having
a stationary location on land or water.
A change of occupancy or use.
The installation of or the alteration of any equipment regulated
by the Pennsylvania Uniform Construction Code.
The chief administrator of the Municipality of Murrysville
appointed pursuant to Article XI of the Municipality of Murrysville
Home Rule Charter, Pa. Code, Title 365, Part V, Chapter 41.
The overall policy guide for the physical man-made change
to improved or unimproved real estate of the Municipality of Murrysville
adopted by the Council as the COMPREHENSIVE PLAN of the Municipality
of Murrysville either as a whole or in parts, consisting of documents,
maps, drawings and charts in accordance with the MPC and as amended
from time to time. The Municipality of Murrysville COMPREHENSIVE PLAN
includes but is not limited to the Murrysville Comprehensive Plan
adopted in February 2015 by the Council and designs or plans or any
studies or surveys emanating therefrom.
Any person who has legal title of land, agent of the legal
title or tenant with permission of the person who has legal title
of land, who makes an application for development. A DEVELOPER is
also known as an "APPLICANT." In the case of the assessment of additional
IMPACT FEES, it shall also mean a successor in title.
A fee, to be paid at BUILDING PERMIT issuance, and calculated in accordance with the provisions of the MPC, as amended, and this chapter or the fee to be paid in accordance with § 135-6D after a special transportation study pursuant to § 135-10A(5).
For the purpose of the roadway sufficiency analysis and the
TRANSPORTATION CAPITAL IMPROVEMENT PROGRAM, any Pennsylvania-licensed
engineer with experience in traffic and roadway engineering as may
be appointed from time to time by the Council.
Any commercial, industrial or residential or other project
which involves new construction, enlargement, reconstruction, redevelopment,
relocation or structural alteration and which is expected to generate
additional vehicular traffic within the transportation service area
of the municipality. NEW DEVELOPMENT also includes any change in use
that increases peak-hour trips generated by such change in use, whether
or not physical changes to the site or structures on the site are
required. Development pursuant to MPC Article VII, Planned Residential
Development (PRD), and MPC Article VII-A, Traditional Neighborhood
Development (TND), is included in NEW DEVELOPMENT.
A permit for occupancy and use issued pursuant to Chapter 220, Zoning, of the Municipal Code.
The relevant peak-hour period for the calculation of IMPACT
FEES. Trips generated in the P.M. PEAK-HOUR shall be used to determine
the IMPACT FEE.
A plan adopted by the Council of the Municipality prior to
the enactment of any Impact Fee Ordinance for the purpose of identifying
and planning for TRANSPORTATION CAPITAL IMPROVEMENTS. Specifically,
the Impact Fee Advisory Committee prepared or directed to be prepared
a Transportation Capital Improvements Plan dated November 2, 2015,
and prepared by the MUNICIPAL TRAFFIC ENGINEER adopted as Resolution
No. 656-15 by the Council on December 16, 2015.
That geographically defined area of the Municipality which,
pursuant to the Zoning Ordinance and applicable district regulations,
has an aggregation of sites with development potential creating the
need for transportation improvements for such area to be funded by
IMPACT FEES as set forth in Attachment A attached hereto and made
apart hereof.[2]
Those rates of traffic for the P.M. PEAK-HOUR, or in the
case of retail commercial use the Saturday peak-hour, of adjacent
street traffic as determined in Trip Generation, 9th Ed., 2012, vols.
1-3, the Institute of Transportation Engineers, and any amendments
or future editions thereof.
The dollar figure calculated by dividing the total costs
of the road improvements included in the adopted TRANSPORTATION CAPITAL
IMPROVEMENTS PLAN, plus both i) a ten-percent contingency, and ii)
the cost of the MUNICIPAL TRAFFIC ENGINEER's preparation of the
roadway sufficiency analysis within the TRANSPORTATION SERVICE AREA
attributable to and necessitated by NEW DEVELOPMENT within the service
area divided by the number of anticipated P.M. PEAK-HOURS trips generated
by all NEW DEVELOPMENT consistent with the land use assumptions and
calculated in accordance with Trip Generation, 9th Ed., 2012, vols.
1-3, the Institute of Transportation Engineers, and any amendments
and future editions thereto.
A.
This chapter shall be uniformly applicable to all NEW DEVELOPMENT
that occurs within the defined TRANSPORTATION SERVICE AREA.
B.
This chapter shall not apply to the Franklin Regional School District,
or buildings associated therewith, or to the Municipality of Murrysville,
the Franklin Township Municipal Sanitary Authority, the Municipal
Authority of Westmoreland County or any other municipal agency or
authority. Schools and local government agencies serve an overriding
public interest, warranting an exemption from IMPACT FEES.
A.
No BUILDING PERMIT or OCCUPANCY PERMIT subject to this chapter shall
be issued for a development in the TRANSPORTATION SERVICE AREA unless
the APPLICANT has paid the IMPACT FEE imposed by and calculated pursuant
to this chapter.
B.
In calculating the IMPACT FEE to be paid at the time of a BUILDING
PERMIT or OCCUPANCY PERMIT, the IMPACT FEE shall be based upon the
trips that will be generated by the specific construction or use authorized
by the permit. In the case of phased development, only the trips generated
by the phase being developed need to be paid at the time a BUILDING
PERMIT or OCCUPANCY PERMIT is issued.
C.
The IMPACT FEE shall be paid at the issuance of the first permit
in time in the event that both a BUILDING PERMIT and an OCCUPANCY
PERMIT would be issued for the same use.
D.
In the event a special transportation study is performed pursuant to § 135-10A(5) and additional trips are being generated or would be at full occupancy, the DEVELOPER shall pay the additional IMPACT FEE within 30 days of written notice from the CHIEF ADMINISTRATOR containing a copy of the special transportation study and the calculation of the additional IMPACT FEE based thereon.
E.
In the case of land development, subdivision or planned residential development, the methodology, basis and amount for the IMPACT FEE shall be set forth in the developer's agreement required pursuant to Chapter 201 and the planned residential development pursuant to Chapter 220. Council's right to conduct a special study pursuant to § 135-10A(5) shall be set forth clearly therein. The obligation to pay additional IMPACT FEES as a result of such a study shall run with the land and shall be the primary responsibility of the landowner. The obligation to pay additional IMPACT FEES as a result of such a study shall be a covenant running with the land and shall be the primary responsibility of the landowner. The developer's agreement shall be in recordable form. If the said covenant poses an impediment to the developer(s), their heirs, successors and assigns obtaining construction mortgage financing, developer(s), their heirs, successors and assigns may request Murrysville release said covenant upon substitution of an escrow fund in an amount mutually agreed upon by the developer and Murrysville. The escrow account amount shall be sufficient to secure payment of any additional impact fees that may be required in order to assure the subject transportation service district is operating at the preferred levels of service. Furthermore, a municipal no-lien letter issued to a bona fide purchaser of a unit or lot for his or her "individual use," whether for residential or business purposes, and which does not assert an additional impact fee amount due the Municipality, shall constitute a release of the aforesaid obligation running with the land as to the subject purchaser's unit or lot.
A.
The UNIT COST PER TRIP is derived from the TRANSPORTATION CAPITAL
IMPROVEMENTS PLAN and may be amended from time to time as transportation
needs dictate and as directed by the Council in accordance with the
procedures set forth in the MPC.
B.
The IMPACT FEE imposed by this chapter upon all NEW DEVELOPMENT shall be determined by applying the unit improvement cost to the P.M. PEAK-HOUR trips generated by a project as identified in Trip Generation, 9th Ed., 2012, vols. 1-3, the Institute of Transportation Engineers, and any amendments or future editions thereof, or by a special transportation study pursuant to § 135-10. To determine the fee for a specific use, the P.M. PEAK-HOUR trip generation rate for the proposed use shall be multiplied by the unit improvement cost rate in the TRANSPORTATION SERVICE AREA.
C.
If the development for which a BUILDING PERMIT is sought contains
a mix of uses, the APPLICANT must separately calculate the IMPACT
FEE due for each type of development.
A.
Applicability. An additional IMPACT FEE shall be imposed upon NEW
DEVELOPMENTS that generate 1,000 or more P.M. PEAK-HOUR trips, net
of pass-by trips as defined by Trip Generation, 9th Ed., 2012, vols.
1-3, Institute of Transportation Engineers, and any amendments or
future editions thereof. This section is in addition to the IMPACT
FEE calculated under the Ordinance.
B.
Traffic study. An APPLICANT for a NEW DEVELOPMENT that generates
1,000 or more P.M. PEAK-HOUR trips shall be required to perform a
traffic analysis of development traffic impact on highways, roads
or streets outside the TRANSPORTATION SERVICE AREA in which the NEW
DEVELOPMENT is located, but within the boundaries of the Municipality.
Any highways, roads or streets or parts thereof outside the TRANSPORTATION
SERVICE AREA that will accommodate 10% or more of the NEW DEVELOPMENT
traffic and 100 or more new P.M. PEAK-HOUR trips may be required to
be studied. The traffic study is to be conducted in accordance with
the CHIEF ADMINISTRATOR's regulations.
C.
Mitigation. APPLICANTs for NEW DEVELOPMENT that generate 1,000 or
more new P.M. PEAK-HOUR trips, less pass-by trips, will be required
to mitigate the traffic impact of the NEW DEVELOPMENT on the affected
roads, highways and streets per the traffic study to maintain the
pre-development conditions.
The Municipality has defined a TRANSPORTATION SERVICE AREA as
shown on the Transportation Service Area Map (see Attachment A) in
accordance with the provisions of the MPC.[1]
[1]
Editor's Note: Said attachment is on file in the Municipality's
offices.
A.
Applicability of this section. The CHIEF ADMINISTRATOR may permit
or require a NEW DEVELOPMENT to perform a special transportation study
to document actual trip generation from a particular use. The instances
when a special transportation study can or must be performed are limited
to instances where:
(1)
The Municipality requests a special transportation study based upon
unique conditions of the property or the property's sensitive
location within the TRANSPORTATION SERVICE AREA.
(2)
No "R" value or fitted curve equation is provided for the use in
the most recent version of Trip Generation, 9th Ed., 2012, vols. 1-3,
the Institute of Traffic Engineers.
(3)
The use is not represented in any amendments or future editions of
Trip Generation, 9th Ed., 2012, vols. 1-3, the Institute of Traffic
Engineers.
(4)
A DEVELOPER, after no more than 18 months from the date of payment
of an IMPACT FEE and being fully occupied and operational, chooses
to challenge the amount of the IMPACT FEE previously paid for a NEW
DEVELOPMENT; provided, however, the study cannot be initiated until
at least one year after the issuance of the first occupancy permit
for a use within the NEW DEVELOPMENT.
(5)
At least one year after the issuance of the first occupancy permit
for a NEW DEVELOPMENT, the Council, at its sole discretion, on its
own motion or upon the complaint of a property owner within the TRANSPORTATION
SERVICE AREA, determines that the results of the special study used
to determine the impact fee need to be reexamined or the Council determines
that the roadways nearby the NEW DEVELOPMENT within the TRANSPORTATION
SERVICE DISTRICT are not operating at the preferred levels of service.
A redetermination, initiated as aforesaid, must be commenced by action
of the Council no more than 18 months from the date of payment of
an impact fee and development being fully occupied and operational.
B.
Guidelines for conducting a special transportation study. Special transportation studies must be conducted in accordance with CHIEF ADMINISTRATOR's regulations. The DEVELOPER shall be responsible for all costs associated with the special transportation study, except for a special transportation study performed by the Council pursuant to Subsection A(5) above.
C.
Adjustments. Requests for adjustments of an IMPACT FEE as a result of a special transportation study conducted under Subsection A(4) of this section must be in writing directed to the CHIEF ADMINISTRATOR and must be postmarked within 18 months of the date of the check or wire transfer paying the IMPACT FEE. No adjustments will exceed the amount of the IMPACT FEE actually paid. The value of a single trip shall be the value that the APPLICANT paid, not the value at the time of adjustment.
A.
Collection of impact fee. IMPACT FEES due pursuant to this chapter
shall be collected by the Municipality in the manner prescribed herein
prior to issuance of a BUILDING PERMIT.
B.
Establishment and maintenance of accounts. The CHIEF ADMINISTRATOR shall establish an interest-bearing trust fund account created solely for IMPACT FEES. All interest earned on IMPACT FEES deposited in the account shall become the funds of that account. IMPACT FEES generated from NEW DEVELOPMENT may only be expended for TRANSPORTATION CAPITAL IMPROVEMENTS identified as being funded by IMPACT FEES under the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN in the TRANSPORTATION SERVICE AREA, except as provided in § 135-13.
C.
Maintenance of records. The CHIEF ADMINISTRATOR shall maintain and
keep adequate financial records for each such account that will show
the source and disbursement of all revenues, that will account for
all moneys received and that shall ensure that the disbursement of
funds from each account will be used solely and exclusively for the
provision of projects specified in the TRANSPORTATION CAPITAL IMPROVEMENTS
PLAN for the TRANSPORTATION SERVICE AREA.
D.
Annual accounting. The Municipality will provide that an annual accounting
is made for any account containing IMPACT FEE proceeds and earned
interest. The accounting shall include the total funds collected,
the source for 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 accounting
will be included and published as part of the Municipality's
annual audit. A copy will also be provided to the Impact Fee Advisory
Committee.
A.
Role of Impact Fee Advisory Committee. The IFA Committee has been
formed pursuant to the MPC, as amended, to serve in an advisory capacity
to the Council. The IFA Committee has as its duties:
(1)
To make recommendations, with respect to land use assumptions, the
development of comprehensive road improvements and IMPACT FEES.
(2)
To make recommendations to approve, disapprove or modify a capital
improvement program by preparing a written report containing these
recommendations to the Municipality.
(3)
To monitor and evaluate the implementation of a capital improvements
program and the assessment of IMPACT FEES and report annually to the
Municipality with respect to the same.
(4)
To advise the Municipality of the need to revise or update the land
use assumptions, capital improvements program or IMPACT FEES.
(5)
To conduct public hearings with respect to any recommendations on
land use assumptions in accordance with the requirements of the chapter
and the MPC.
(6)
To prepare or cause to be prepared a roadway sufficiency analysis
in accordance with the requirements of this chapter and the MPC.
(7)
To review and make recommendations to the Council on changes to the
CHIEF ADMINISTRATOR's regulations as may be proposed from time
to time.
B.
Review of TRANSPORTATION CAPITAL IMPROVEMENTS or IMPACT FEES Charge.
The Council may request, no more than annually but no less than once
every three years, the IFA Committee to review and make recommendations
on the TRANSPORTATION CAPITAL IMPROVEMENTS or IMPACT FEES charges
based only on:
(1)
Subsequent NEW DEVELOPMENT which has occurred in the Municipality.
(2)
Completion of capital improvements in the TRANSPORTATION CAPITAL
IMPROVEMENTS PLAN.
(3)
Unavoidable delays in construction of capital improvements contained
in the PLAN beyond the Municipality's control or responsibility.
(4)
Significant changes in the land use assumptions;
(5)
Changes in the estimated costs of the transportation improvements
proposed which may be recalculated by applying the construction cost
index as published in the American City/County Magazine or the Engineering
News Record; provided, however, that the Council, upon the recommendation
of the Municipal traffic engineer, may instruct the IFA Committee
to utilize another method.
(6)
Significant changes in the projected revenue from sources listed.
The Municipality may expend IMPACT FEES paid by an APPLICANT
on projects not contained in the adopted TRANSPORTATION CAPITAL IMPROVEMENTS
PLAN if all of the following criteria are met:
A.
The APPLICANT has provided written consent to use of its collected
IMPACT FEES for specific transportation projects which are not included
in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN.
B.
The alternative transportation project, whether highway or multimodal,
has as its purpose the reduction of traffic congestion or the removal
of vehicle trips from the roadway network.
C.
The Municipality amends its TRANSPORTATION CAPITAL IMPROVEMENTS PLAN
components required by Section 504-A(e)(1)(vi) of the Municipalities
Planning Code, 53 P.S. § 10504-A(e)(1)(vi), to provide replacement
of the collected IMPACT FEES transferred to transportation projects
outside the approved TRANSPORTATION CAPITAL IMPROVEMENTS PLAN from
sources other than IMPACT FEES or DEVELOPER contributions within three
years of completion of the alternative projects to which the transferred
fees were applied.
Payment of the IMPACT FEE shall be made by the APPLICANT prior
to the issuance of a BUILDING PERMIT, or OCCUPANCY PERMIT if no physical
improvements are required, by the Municipality for the NEW DEVELOPMENT
for development on the applicable site.
A.
An APPLICANT is entitled to a credit against the IMPACT FEE in the
amount of the fair market value of any land dedicated by the APPLICANT
to the Municipality for future right-of-way, realignment or widening
of any existing roadways or for the value of any construction of road
improvements contained in the TRANSPORTATION CAPITAL IMPROVEMENTS
PLAN which is performed at the APPLICANT's expense. The amount
of such credit for any capital improvement constructed shall be the
amount allocated in the capital improvement program and used in the
calculation of the IMPACT FEE, including contingency factors for such
work, the sum of these discounted back to the year of construction.
The fair market value of any land dedicated by the APPLICANT shall
be determined as of the date of the submission of the land development
or subdivision application to the Municipality.
B.
Subject to the requirements of Subsection B(1) and (2) below, any APPLICANT who performs, at its own expense, off-site improvements as defined by this chapter, shall be eligible for a credit toward the IMPACT FEE otherwise due in the amount of the lesser of i) the actual cost of such off-site improvements as approved by the Municipal Engineer or ii) the value plus contingency shown in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN used in calculating the IMPACT FEE discounted back to the year of construction proposed by the APPLICANT. Such credit shall not exceed the amount of the IMPACT FEE required to be paid by the APPLICANT for the NEW DEVELOPMENT.
(1)
In order for a NEW DEVELOPMENT to be eligible for this credit, the
APPLICANT must request approval to perform off-site improvements during
the subdivision or land development preliminary approval process.
The request must be in writing and must set forth the off-site improvement
project(s) for which the APPLICANT is seeking credit. The Council,
at the time of its preliminary PRD, TND or land development approval,
shall approve or deny in whole or in part the APPLICANT's request.
Where the request is approved in whole or in part, the APPLICANT must
enter into an agreement with the Municipality prior to the issuance
of any BUILDING PERMIT. The agreement must establish the estimated
cost of the improvement and the schedule for initiation and completion
of the improvement, guarantee that the improvement be completed to
Municipality and Pennsylvania Department of Transportation standards
and design criteria, and such other terms and conditions as deemed
necessary by the Municipality. The Municipality 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 may
the Municipality provide a credit that 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
utilize such excess credit toward the IMPACT FEES imposed on other
BUILDING PERMITS for development on the same site and in the same
ownership.
(2)
The Council may deny the APPLICANT's request in whole or in
part if any of the following conditions exist:
(a)
The failure to pay the IMPACT FEE would disrupt the orderly
funding and construction of the scheduled improvements in the TRANSPORTATION
CAPITAL IMPROVEMENTS PLAN;
(b)
The IMPACT FEE is required to match state or federal funding;
or
(c)
The improvements proposed by the APPLICANT do not, in the opinion
of the Municipal Traffic Engineer, mitigate the traffic impact of
the NEW DEVELOPMENT.
C.
The Municipality may provide a credit against IMPACT FEES for the
value of any construction projects that are not contained in the adopted
TRANSPORTATION CAPITAL IMPROVEMENTS PLAN which are performed at the
APPLICANT's expense, if all of the following conditions are met:
(1)
The APPLICANT has provided written consent to a credit of its collected
IMPACT FEES for specific transportation projects which are not included
in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN.
(2)
The alternative transportation project, whether highway or multimodal,
has as its purpose the reduction of traffic congestion or the removal
of vehicle trips from the roadway network.
(3)
The Municipality amends its TRANSPORTATION CAPITAL IMPROVEMENTS PLAN
components required by Section 504-A(e)(1)(vi) of the Municipalities
Planning Code, 53 P.S. § 10504-A(e)(1)(vi), to provide replacement
of the credited IMPACT FEES transferred to transportation projects
outside the approved TRANSPORTATION CAPITAL IMPROVEMENTS PLAN from
sources other than IMPACT FEES or DEVELOPER contributions within three
years of completion of the alternative projects to which the transferred
fees were applied.
A.
The payor of the IMPACT FEE may apply for a refund of appropriate
share of any such fee and any interest earned from the date of payment
if:
(1)
The Municipality has failed to commence any TRANSPORTATION SERVICE
AREA road improvements within three years of the scheduled construction
date set forth in the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN.
(2)
The NEW DEVELOPMENT for which IMPACT FEES were paid is not commenced
prior to the expiration of a BUILDING PERMIT issued for the NEW DEVELOPMENT
within the time limits established by applicable building codes, or
the project for which a BUILDING PERMIT has been issued has been altered,
resulting in a decrease in the amount of the IMPACT FEE due.
(3)
If, upon completion of any road improvements project, the actual
expenditures are less than 95% of the costs allocable to the fee paid
within the TRANSPORTATION SERVICE AREA in which the road improvement
was adopted, the municipality shall refund to the payer the pro rata
difference between the budgeted costs and the actual expenditures,
including interest from the date of payment.
(4)
In the event that the Municipality terminates or completes an adopted
capital improvements plan for a TRANSPORTATION SERVICE AREA and there
remains at the time of termination or completion undispersed funds
in the accounts established for that purpose, the Municipality shall
provide written notice by certified mail to those persons who previously
paid the fees which remain undispersed of the availability of said
funds for refund of the person's proportionate share of the fund
balance. The allocation of the refund shall be determined by generally
accepted accounting practices. In the event that any of the funds
remain unclaimed following one year after the notice, which shall
be provided to the last known address provided by the payer of the
fees to the Municipality, the Municipality shall be authorized to
transfer any funds so remaining to any other fund in the Municipality
without any further obligation to refund said funds.
B.
The request for a refund must be submitted to the CHIEF ADMINISTRATOR
in writing specifying the details and basis for the request for refund.
A.
The CHIEF ADMINISTRATOR may establish, amend, modify and revoke reasonable
regulations and forms governing:
(1)
The collection, payment, crediting and refund of IMPACT FEES;
(2)
The content, timing and methodology of traffic studies, special traffic
studies;
(3)
The use of later published additions of the ITE Trip Generation manual;
(4)
The treatment of any parcel that lies both within and outside a TRANSPORTATION
SERVICE DISTRICT;
(5)
Funds, subaccounts and the uses of proceeds and interest earned;
(6)
The determination of the amount of trips previously attached to a
developed property;
(7)
Any other matter or procedure necessary for the orderly administration
of the TRANSPORTATION CAPITAL IMPROVEMENTS PLAN or IMPACT FEES.
B.
No such regulation shall modify a substantive provision of this chapter.
The initial CHIEF ADMINISTRATOR's regulations (Attachment E),
718-06,[1] are hereby approved by the Council. No amendment to these
regulations shall be effective until reviewed by the IFA Committee
and approved by the Council by resolution; provided, however, that
a change authorizing the use of a newer version of the ITE Trip Generation
Manual shall only require the approval by the CHIEF ADMINISTRATOR.
[1]
Editor's Note: See Ord. No. 718-06, which ordinance and
the attachment are on file in the Municipality offices.
C.
Any proposed amendment to the CHIEF ADMINISTRATOR's regulations
shall be acted upon by the IFA Committee within 30 days after transmittal
of the same to it by the CHIEF ADMINISTRATOR. Failure to so act shall
be deemed a favorable recommendation to the Council.
D.
These regulations shall not supersede or replace any other regulations
found elsewhere in the Municipal Code. Where a conflict exists, the
most stringent shall apply.
The words and phrases of this chapter are to be construed in
accordance with the following rules:
A.
Definitions.
(1)
First, words and phrases are to be interpreted as defined by this
chapter;
(2)
Second, words and phrases that are not defined by this chapter are
to be interpreted as defined in Sections 107 and 502-A of the Municipalities
Planning Code (MPC), 53 P.S. §§ 10107 and 10502-A,
as amended;
(3)
Third, words and phrases that are not defined in this chapter or
Sections 107 and 502-A of the MPC are to be interpreted as defined
in the Municipality's Zoning, Land Development and Subdivision
Ordinances;
(4)
Fourth, words and phrases that are not defined in this chapter, Sections
107 and 502-A of the MPC, or in the Municipality's Zoning, Land
Development and Subdivision Ordinances are to be given their common,
ordinary dictionary meaning within the context of the sentence in
which they are used.
B.
Construction. The words, phrases and provisions of this chapter are
not to be interpreted in a way the results in an absurd construction
of the meaning or in a way that causes one provision to contradict
another.
C.
Words in capitals. The words in all CAPITALS are defined in this
chapter or in the MPC.
The provisions of this chapter shall be liberally construed
to effectively carry out the purposes that are hereby found and declared
to be in furtherance of the public health, safety, welfare and convenience.
