[Ord. 06-116, 7/11/2006, § I]
This Part shall be known as the "Cumberland Township Traffic
Impact Fee Ordinance."
[Ord. 06-116, 7/11/2006, § II]
The purpose of this Part is to establish an impact fee program
to ensure that the transportation system is available and adequate
to support new growth and be development. To advance this objective,
there is hereby created an impact fee payable to the Township prior
to building permit issuance.
[Ord. 06-116, 7/11/2006, § III]
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 those set forth in Act 209
of 1990, 53 P.S. § 10501-A et seq., and any and all amendments
thereto (hereinafter the "Act), and consist of:
(1)
The recitals set forth above.
(2)
The analysis, advice and recommendation of the Traffic Advisory
Committee.
(3)
The land use assumptions as adopted by the Board of Supervisors.
(4)
The roadway sufficiency analysis as adopted by the Board of
Supervisors.
(5)
The Transportation Capital Improvements Plan, as adopted by
the Board of Supervisors.
(6)
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 an impact fee and consistent with the
provisions of the Act and any amendments thereto.
B.
The collection, disbursement and accounting of impact fees shall
be administered by the office of the Township Manager or Secretary-Treasurer,
subject to review, oversight and control by the Board of Supervisors.
C.
The time, method and procedure for payment of the impact fees shall
be set forth in this Part.
D.
The procedure for credits against or refunds of impact fees shall
be as set forth in this Part.
[Ord. 06-116, 7/11/2006, § IV]
The terms and definition set forth in § 502-A of the
Act, 53 P.S. § 10502-A, are hereby adopted and incorporated
into this Part by reference.
[Ord. 06-116, 7/11/2006, § V]
There is hereby enacted an impact fee to be imposed upon new
development for the purpose of off-site public transportation capital
improvements authorized by the Act and as described in the Program
adopted by the Board of Supervisors. Said impact fee 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 or issuance
of a building permit.
[Ord. 06-116, 7/11/2006, § VI]
Impact fees collected pursuant to this Part shall be expended
for costs incurred for improvements attributable to new development
and designated in the Transportation Capital Improvements Plan adopted
by the Board of Supervisors 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 Roadway Sufficiency
Analysis as is allowed under the provisions of the Act.
[Ord. 06-116, 7/11/2006, § VII]
1.
The following documents are hereby incorporated by reference in this
Part:
A.
Land use assumptions as adopted by Township Resolution.
B.
Roadway sufficiency analysis as adopted by Township Resolution.
C.
The Transportation Capital Improvements Plan as adopted by Township
Resolution.
D.
The Impact Fee Schedule as established by Township Resolution.
E.
Designation of transportation districts as set forth on the Transportation
Service Area Map identified as Figure 3 of the Roadway Sufficiency
Analysis dated June 2006.
[Ord. 06-116, 7/11/2006, § VIII]
Where intended to assist in determining the appropriate amount
of traffic impact fees, the Township may require the preparation of
special transportation studies to determine the traffic generation
or circulation patterns in new nonresidential developments only; provided,
however, that no studies may be required where the proposed development
will not require a deviation from the land use assumptions used to
create the program.
Any such studies required by the Township shall be submitted
prior to the imposition of the impact fee and shall be considered
in the determination of that fee.
[Ord. 06-116, 7/11/2006, § IX]
This Part shall be uniformly applicable to all development that
occurs within a designated development subarea.
[Ord. 06-116, 7/11/2006, § X]
No building permit shall be issued for a development in a designated
transportation district subarea, as herein defined, unless the applicant
therefore has paid the impact fee imposed by the calculations pursuant
to this Part.
[Ord. 06-116, 7/11/2006, § XI]
1.
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, 6th or subsequent editions, which is hereby adopted by
the Township, to equal a per-trip cost for transportation improvements
within the service area.
2.
The fee is calculated at the time of preliminary land development
or subdivision approval by multiplying the per-trip cost established
for the service area as determined in the Transportation Capital Improvement
Plan by the estimated number of trips to be generated by the new development
or subdivision 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 traffic generation
or circulation for a new nonresidential development to assist in the
determination of the amount of the transportation fee for such development
or subdivision.
4.
The amount of per peak hour trip fee for the two transportation service
areas, until and unless revised or amended in accordance with the
provision hereof and the Act, are as follows:
A.
The amount per peak hour trip fee for the transportation service
area North shall be $2,159.
B.
The amount per peak hour trip fee for the transportation service
area South shall be $2,210.
C.
The above impact fees were calculated in accordance with §§ 504-A(e)(1)(iv)(c)
and 505-A of the Act, 53 P.S. §§ 10504-A(e)(1)(iv)(c),
10505-A.
D.
The above impact fees may be changed by resolution of the Township
Board of Supervisors upon calculations conducted in accordance with
this Part and the Act.
[Ord. 06-116, 7/11/2006, § XII]
Transportation service areas are established as shown on the
"Transportation Service Area Map" (attached hereto as Exhibit "25-A"
and incorporated herein by reference).
1.
Additional transportation district subareas or combinations of transportation
district subareas may be designated by the Board of Supervisors from
time to time consistent with the procedure set forth in 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 development areas.
D.
The need for and cost or unprogrammed transportation improvements
necessary to support projected development.
E.
Such other factors as the Board of Supervisors may deem relevant.
