[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy 6-21-2004 by Ord. No. CXCVI. Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Appendix B Calculation of Impact Fees
Streets and sidewalks — See Ch. 116.
Subdivision of land — See Ch. 119.
Zoning — See Ch. 135.
Editor's Note: This ordinance also provided that nothing within it shall be construed to affect any rights acquired by the Township or any agreements concerning the payment of impact fees or road improvement contributions entered into prior to its enactment. It further provided that the impact fee imposed is in addition to any existing or future fees, charges or taxes imposed by the Township.
This chapter may be known and shall be cited as the "Mount Joy Township Impact Fee Ordinance."
The Board of Supervisors enacts this chapter in accordance with the authority of Article V-A of the MPC, as added by Act 209 of 1990. In 2003 and 2004, pursuant to Act 209, the Township prepared and adopted land use assumptions, a roadway sufficiency analysis, and a transportation capital improvements plan. The Board of Supervisors desires to enact an impact fee ordinance to provide for the calculation and imposition of impact fees.
It is the further intent of the Board that this chapter impose impact fees to the maximum extent authorized by law, including any retroactivity provisions. If a project is no longer protected from the effect of changes to governing ordinances by Article V of the MPC, it is the intent of the Board that such project shall be subject to payment of impact fees in accordance with this chapter.
All terms defined in Act 209 shall have the meanings set forth in Act 209 except as specifically modified by this section. In addition, the following words and phrases shall have the meanings set forth in this section:
- ACT 209
- Article V-A of the Pennsylvania Municipalities Planning Code, as added by the Act of December 19, 1990, P.L. 1343, and as subsequently amended.
- ADVISORY COMMITTEE
- The Mount Joy Township Impact Fee Advisory Committee, established in accordance with Act 209.
- Any person who submits an application for development to the Township.
- APPLICATION FOR DEVELOPMENT
- An application for approval of a subdivision or land development plan (whether preliminary or final) or for planned residential development approval or for a construction or zoning permit or for a certificate of use and occupancy when no prior application for a construction or zoning permit is required.
- The Board of Supervisors of the Township.
- CONSTRUCTION PERMIT
- A permit issued under the Mount Joy Township Uniform Construction Code Ordinance.
- DE MINIMUS APPLICATION
- A project which meets all of the following requirements:[Added 8-18-2014 by Ord. No. 287-2014]
- A. The project involves enlargement, redevelopment, change of use or structural alterations but does not involve new construction.
- B. If the project involves enlargement or addition to an existing structure, the gross floor area of the enlargement or addition shall not exceed 25% of the gross floor area of the structure as it existed on June 21, 2004, or 2,000 square feet, whichever is less.
- C. The enlargement, redevelopment, change of use or structure alterations do not generate more than five additional p.m. peak hour trips, excluding any trips for the use of the property lawfully established on June 21, 2004.
- The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
- NEW DEVELOPMENT
- Any commercial, industrial, residential or other project which involves new construction, enlargement, reconstruction, redevelopment, relocation or structural alterations (including change of use) within the Township and which is expected to generate additional vehicular traffic within the transportation service area of the Township.
- OFFICIAL MAP
- A map adopted by ordinance of the Mount Joy Township Board
of Supervisors pursuant to Article IV of the MPC and recorded in the
office of the Lancaster County Recorder of Deeds.[Added 8-18-2014 by Ord. No. 287-2014]
- An individual, partnership, limited partnership, corporation, limited liability company, trust, estate, or any other legally recognized entity, and the members of such partnership and the officers, members or managers of such corporation or company.
- The new development proposed in an application for development.
- The Township of Mount Joy, Lancaster County, Pennsylvania.
- TRANSPORTATION IMPROVEMENT SERVING AN OVERRIDING PUBLIC INTEREST
- A transportation improvement, including but not limited to
construction of a bypass road, new interchange or intersection, widening
an existing intersection or interchange to provide additional lanes,
or signalization or construction of a roundabout at an interchange
or intersection, which has been identified by the Township, the Comprehensive
Plan, the Lancaster County Planning Commission or PennDOT as an improvement
which will improve the existing transportation network through increasing
capacity or improving safety of existing interchanges or intersections.[Added 8-18-2014 by Ord. No. 287-2014]
The Township hereby establishes a transportation service area, as outlined on the map attached hereto as Appendix A and incorporated herein by reference. Appendix A may hereafter be amended from time to time by resolution.
Editor's Note: Appendix A is on file in the office of the Township Secretary.
The Township hereby imposes and establishes an impact fee to generate revenues for funding the costs of transportation capital improvements within the Township necessitated by and attributable to new development to the maximum extent authorized by the laws of the commonwealth, except as exempted, credited or limited by this chapter. The amount of the impact fee shall be determined by following the calculations and methodology set forth in Appendix B to this chapter, which is attached hereto and incorporated herein by reference. The Township, pursuant to Section 505-A(c) (2) of Act 209, specifically imposes impact fees in the amount of $1,000 per peak hour trip on all new development which Act 209 limits to such impact fee, i.e. New development proposed by an application for development first filed with the Township after the advertisement of notice of intent to enact an impact fee ordinance and prior to the date of enactment of this chapter. Appendix B may hereafter be amended from time to time by resolution.
Before submitting or simultaneously with the submission of an application for development, each applicant shall complete and submit on a form obtained from the Township the information necessary to calculate the impact fee pursuant to Appendix B. If an applicant is submitting a second or subsequent application for development relating to a project for which the Township has previously established the amount of the impact fee, the applicant shall submit a copy of the determination of the impact fee and a statement that the applicant has not changed the scope of the project in the application for development with the second or subsequent application for development.
Fee to be determined by Township.
The Township, or where deemed necessary by the Township, the Township Solicitor or the Township Engineer or both, shall review the form submitted by the applicant within 30 days of receipt by the Township and shall calculate the impact fee due for the project. The Township shall promptly notify the applicant of the amount of the impact fee required for the project proposed in the application for development.
An applicant may calculate the impact fees due for a project and submit that calculation with the form required by this section. The applicant's calculation shall be subject to review by the Township and, where deemed necessary by the Township, the Township Solicitor or the Township Engineer or both, who or which shall verify the accuracy or inaccuracy of the calculation. If the Township determines that the applicant's calculation is inaccurate, the Township shall calculate the proper amount of the impact fee for the project and so inform the applicant.
If the applicant shall disagree with the calculation of the impact fee for the project, the applicant may request that the Board consider the calculation of the impact fee at a public meeting of the Board. The applicant shall submit such request to the Township Secretary within 30 days of the date of the calculation of the impact fee and shall specify, in detail, the reasons for the disagreement.
Where a project will result in increased density, intensity or trip generation as compared to the land use assumptions prepared by the Advisory Committee, the Township may require that the applicant prepare a special transportation study at the applicant's expense in order to determine traffic generation or circulation for such project to assist in the determination of the amount of the impact fee for such project.
An applicant may, at any time, voluntarily prepare and submit a traffic study for a proposed project or may have such a study prepared at its expense after the project is completed to include actual trips generated by the project for use in any appeal as provided for under Act 209 or this chapter.
Any special transportation study, whether required by the Township or prepared voluntarily by the applicant, shall be prepared by a qualified traffic or transportation engineer using procedures and methods established by the Township and shall be based on generally accepted transportation planning and engineering standards. The study, where required by the Township, shall be submitted prior to the imposition of an impact fee and shall be taken into consideration by the Township in increasing or reducing the amount of the impact fee for the project as calculated in accordance with the impact fee schedule adopted by the Township as set forth in Appendix B.
An applicant shall be entitled to credits against the impact fee as set forth in the following subsections. If the applicant will not pay the impact fees attributable to the project in a single payment, the Township shall grant the credit proportionally as the applicant pays the impact fees. By way of example, if the project is comprised of 100 dwelling units, the applicant shall be entitled to 1% of the credit when the applicant pays the impact fee attributable to each dwelling unit.
The Township shall grant a credit in the amount of the fair market value of any land the applicant dedicates to the Township 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 improvement program which is performed at applicant's expense. The amount of such credit for any capital improvement applicant constructs shall be the amount allocated in the capital improvement program, including contingency factors, for such work. The fair market value of any land the applicant dedicates to the Township shall be determined as of the date of the submission of the application for development to the Township.
The applicant shall pay the impact fee calculated in accordance with this chapter, less any credits specifically authorized by this chapter, prior to the issuance of a construction permit for the structure to which the impact fee relates. Where no construction permit is required, the applicant shall pay the applicable impact fee prior to the issuance of a certificate of use and occupancy for the structure or land. If the applicant fails or refuses to pay the impact fee in full, the Township shall deny the application for a construction permit or certificate of use and occupancy.
The Township shall place all impact fees collected under this chapter in a capital improvement account in accordance with the requirements of Act 209. The Township shall expend impact fees in accordance with the requirements of Act 209.
An applicant who has paid an impact fee may make an application for a refund of such impact fee where Act 209 requires the Township to refund an impact fee. The applicant desiring a refund of the impact fee shall file a written application with the Township requesting such a refund within 30 days after the event which gives rise to the right to claim a refund unless a different procedure is required by Act 209. The request for a refund shall contain all of the following information:
The name, address and telephone number of the person requesting the refund and, if different, the full name, address and telephone number of the person who paid the impact fee. If the person requesting a refund is different from the person who paid the impact fee, the request shall clearly identify the right of the person making the request to receive the refund.
The address and Lancaster County tax account number of the property for which the impact fee was paid and, if applicable, the name and recording reference of the subdivision and/or land development plan creating the lot or authorizing the development.
The amount of the impact fee and the date upon which it was paid.
The specific provision of Act 209 granting the right to a refund.
The Board shall act upon a request for a refund within 90 days.
[Amended 3-18-2013 by Ord. No. 280-2013; 8-18-2014 by Ord. No. 287-2014]
Exemptions. The following types of projects are exempt from the requirements of this chapter:
Projects constructed and/or owned by the federal government, state government, county government, or Township and to be used by such entity in the exercise of its governmental functions.
The addition to or construction of buildings for agricultural use on properties devoted to farming.
Additions to single-family dwellings or residential accessory structures which do not add additional dwelling units.
Credits. The Board of Supervisors may grant credits against the amount of the impact fees imposed in accordance with this chapter. Any applicant desiring to request that the Board of Supervisors grant credits against the amount of the impact fees imposed shall make a written request to the Board of Supervisors.
The applicant shall present evidence and shall have the burden of proof to demonstrate that its request meets all of the following criteria:
The applicant proposes to construct, at the applicant's sole expense, a transportation improvement serving an overriding public interest, as defined in § 125-3.
The applicant owns or shall obtain all interests in land necessary for the construction of the transportation improvements serving an overriding public interest.
The proposed transportation improvement will alleviate documented, existing traffic problems in addition to providing capacity for traffic to be generated by the applicant's proposed development. The applicant shall present documentation of:
Existing traffic problems, preferably through studies or reports in existence before the applicant filed an application for development and preferably through studies and reports prepared by persons or firms other than the applicant's consultants;
The capacity of the proposed transportation improvements; and
The traffic to be generated by the applicant's proposed development.
The proposed transportation improvements will be consistent with the Official Map.
The proposed transportation improvements will meet PennDOT regulations where improvements are proposed to state highways.
The proposed transportation improvements will cost in excess of the amount of the credit requested.
The applicant shall present documentation of the cost of the proposed transportation improvements in accordance with the following:
The cost of the proposed transportation improvements shall be prepared by a professional engineer licensed in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost.
The cost shall be estimated as of 90 days following the date of completion of the transportation improvements by the applicant.
The cost estimate shall include only those transportation improvements serving an overriding public interest. Transportation improvements which only serve the applicant's project may not be included in the cost estimate.
If the impact fee for the applicant's proposed development cannot be determined at the time of the application for a credit, the credit shall be calculated as equivalent to a certain number of p.m. peak hour trips. By way of example, if the applicant proposed to develop a retail center or industrial center where the impact fee cannot be calculated until the mix of tenants is determined, the credit shall be established as equivalent to a certain number of p.m. peak hour trips.
The Township Engineer shall review the request for credits at the expense of the applicant and shall prepare recommendations for the Board of Supervisors.
The Board of Supervisors, at its discretion, may review written materials submitted by the applicant and the recommendations of the Township Engineer or may hold a hearing to receive evidence on the application for impact fee credits. The Board of Supervisors may grant the request for credits against the impact fee as submitted, may grant credits in a lower amount than requested, or may deny the request for credits.
If the Board of Supervisors shall grant the application in whole or in part, the applicant shall enter into a written agreement with the Township, in recordable form, setting forth the credits or the manner in which the credits will be calculated. The agreement shall be recorded at the expense of the applicant and shall bind all successor owners of the property or properties. If the applicant owns more than one lot of record or proposes to subdivide its property into more than one lot, the agreement shall specify which lots shall be entitled to credit and the amount of credits attributable to each lot.
An applicant who believes that its project is subject to unreasonable hardship not of the applicant's making which results in a manifest injustice may file a request to the Board for a waiver of one or more of the provisions of this chapter. An applicant seeking a waiver shall file the request together with the calculation of the impact fee provided in § 125-5 of this chapter. The request for a waiver shall contain the following information:
The name, address and telephone number of the applicant and, if different, the name, address and telephone number of the landowner.
The address and Lancaster County tax account number of the property which is the subject of the request.
A brief description of the project.
The section or sections of the chapter which applicant requests the Board to waive.
The reasons for the waiver including, if applicable, improvements to the Township's highway system proposed as part of the project.
Any appeal from a determination under this chapter shall be made in accordance with Section 506-A of Act 209.
It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:
To commence construction of any improvement for which an impact fee is required prior to payment of the impact fee.
To place false information on or omit relevant information from an application for development or an application for a permit or an application requesting calculation of impact fees for a project under this chapter.
To fail to comply with any other provisions of this chapter.
For each violation of this chapter, any person who commits, takes part in, or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $200 nor more than $600 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation.
In addition to any other penalty or remedy provided by this chapter and by applicable statutes and regulations, the Township may institute proceedings in equity to restrain any violation of this chapter or to require compliance with this chapter.
The Township reserves the right to review and, if appropriate, to revise the land use assumptions, roadway sufficiency analysis, transportation capital improvements plan, and/or any other study or data upon which the Township based this chapter. The Township reserves the right to review and, if appropriate, to revise this chapter should circumstances warrant. The Board directs the Advisory Committee and the Township Planning Commission to annually examine such matters and make recommendations to the Board.