In order that the purposes of this chapter be
furthered in an era of increasing urbanization and of growing demand
for housing of all types and design, the purposes of this article
are to:
A.
Ensure that the zoning provisions of this chapter
which are concerned in part with the uniform treatment of dwelling
type, bulk, density, intensity and open space within each zoning district
shall not be applied to the improvement of land by other than lot
by lot development in a manner that would distort the objectives of
those zoning provisions.
B.
Encourage innovations in residential and nonresidential
development and renewal so that the growing demand for housing and
other development may be met by greater variety in type, design and
layout of dwellings and other buildings and structures and by the
conservation and more efficient use of open space ancillary to said
dwellings and uses, so that greater opportunities for better housing
and recreation may extend to all citizens and residents of this commonwealth.
C.
Encourage a more efficient use of land and of public
services and to reflect changes in the technology of land development
so that economies secured may ensure to the benefit of those who need
homes and for other uses.
D.
Provide a procedure which can relate the type, design
and layout of residential and nonresidential development to the particular
site and the particular demand for housing existing at the time of
development in a manner consistent with the preservation of the property
values within existing residential and nonresidential areas.
E.
Ensure that the increased flexibility of regulations
over land development authorized by the Municipalities Planning Code
(53 P.S. § 10101 et seq.) is carried out under such administrative
standards and procedures as shall encourage the disposition of proposals
for land development without undue delay.
Every application for approval of a planned
residential development shall be based on and interpreted in relation
to the Comprehensive Plan for the development of the municipality.
A.
A Planned Residential Development (PRD) may be permitted
in Residential Zoning Districts R3 and R4 in the Borough, subject
to the standards, restrictions, qualifications, criteria, requirements,
conditions, regulations and procedures enumerated in this article,
as set forth herein.
B.
Other provisions of this chapter and the Subdivision
of Land Chapter concerned with dwelling type and density shall not
be applied when PRD proposals are approved except when specifically
indicated by the provisions contained herein.
The following uses shall be permitted in planned
residential developments:
A.
Residential uses, including single-family dwellings,
duplexes, townhouses and apartments.
B.
Institutional uses, including:
(1)
Recreation facilities for the use of residents of
the development, including hiking, walking or bicycle trails; tennis,
paddle tennis, basketball and volleyball courts; swimming pools and
related facilities; putting greens; and such additional recreational
uses as deemed appropriate by the Borough Council.
(2)
Schools.
(3)
Churches, parsonages or convents.
(4)
Community
clubhouses, private.
[Added 9-13-2021 by Ord. No. 309]
C.
Accessory commercial uses, including dining or service
facilities to serve only residents of the development or their guests.
The minimum land area for a PRD shall be 25
contiguous acres. Public easements or private roads shall not be construed
as an interruption or division of a tract of land proposed for a PRD.
A.
Prior to the preapplication conference, the developer
of a PRD shall evidence proprietary interest in the land which, for
purposes of this chapter, shall be either legal title, an executed
binding sales agreement evidencing equitable title in him, her or
it or a contingency sales agreement (contingent on PRD approval).
B.
A PRD shall be in single legal, as well as equitable,
ownership coincident with approval of the final development plan.
[Amended 12-11-2006 by Ord. No. 247]
In the absence of public sewerage facilities,
the developer shall provide within a PRD a sanitary sewerage system
which shall be subject to the standards, rules and regulations of
the Pennsylvania Department of Environmental Protection or any successor
thereto.
If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the planned residential development, applicants shall
present evidence to the Planning Commission that the planned residential
development is to be supplied by a certificated public utility, a
bona fide cooperative association of lot owners or by a municipal
corporation, authority or utility. A copy of a certificate of public
convenience from the Pennsylvania Public Utility Commission or an
application for such certificate, a cooperative agreement or a commitment
or agreement to serve the area in question, whichever is appropriate,
shall be acceptable evidence.
[Amended 12-11-2006 by Ord. No. 247]
The developer shall provide within a PRD a storm drainage system which shall be of sufficient size and design to collect, carry off and dispose of all predictable surface water runoff within the PRD and shall be so constructed as to conform to the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and the Borough and to conform to the requirements of § 165-54E. Stormwater management systems that maximize on-site infiltration are the preferred environmental option.
A PRD shall be related to the local regional
highway systems. The developer must demonstrate to the satisfaction
of the Planning Commission that traffic circulation problems will
not be created and that public and private road systems are adequate
in terms of traffic volume capacity and construction type to accommodate
the projected PRD-generated traffic, including school buses and emergency
vehicles.
A.
The PRD provisions of this chapter shall be administered
by the Planning Commission, which shall review all applications on
the basis of specified standards, restrictions, qualifications, criteria,
requirements, conditions, regulations and procedures.
C.
The Borough Council shall conduct public hearings
and have final authority to approve, modify or disapprove a PRD.
The developer shall obtain required approvals
for a PRD by following a five-step review process, which shall consist
of a preapplication conference, a preliminary development plan, public
hearings and tentative approval, a final development plan and application
for final approval.
A.
Preapplication conference. Each applicant shall confer
with the Zoning Officer to schedule a preapplication conference. It
shall be the responsibility of the Zoning Officer to arrange a conference
with the Borough officials. The conference shall include members or
a designated committee of the Planning Commission and the Zoning Officer.
The Solicitor, the Borough Council or representatives thereof and
local utility service representatives as deemed appropriate may also
be included.
B.
Preliminary development plan (application for tentative
approval). Within 120 days following the preapplication conference,
three copies of a preliminary development plan shall be presented
in sufficient detail to provide the Planning Commission with a major
substantive review of the proposed PRD, which preliminary development
plan shall constitute the application for tentative approval. The
following documentation shall be submitted in support of the application:
(1)
Written documents:
(a)
A legal description of the total tract proposed
for development, including a statement of present and proposed ownership.
(b)
A statement of planning objectives to be achieved
by the PRD through the particular approach proposed by the developer.
The statement shall include a description of the character of the
proposed development.
(c)
Quantitative data for the following: total number
and type of dwelling units, parcel size, proposed lot coverage of
buildings and structures, approximate gross and net residential densities,
total amount of open space (including a separate figure for common
open space and for usable open space), economic feasibility studies
or market analyses which may include but not be limited to the impact
on schools and other community services and other studies as may be
designated by the Planning Commission.
(2)
Location map. This map shall clearly show the
location and area of the tract proposed for development with relation
to all lands, buildings and structures within 200 feet of its boundaries,
the location and distance to existing related highways, streets or
roads and the names of owners of properties adjacent to the tract.
(3)
Site plan and supporting maps. A site plan at
a scale no smaller than one inch equals 50 feet and any maps necessary
in the opinion of the Planning Commission to show the major details
of the proposed PRD, which site plan and maps shall also contain the
following minimum information:
(a)
The existing site conditions, including contours
at a minimum interval of five feet, watercourses, floodplains, forest
cover, soils and natural features considered significant by the Planning
Commission.
(b)
Proposed lot lines and subdivision plan, if
any.
(c)
The location of all existing and proposed buildings,
structures and other improvements, including maximum heights, types
of dwelling units and density per type. Preliminary elevations and/or
architectural renderings of typical structures and improvements shall
be provided. Such drawings shall be sufficient, to relay the basic
architectural intent of the proposed improvements.
(d)
The location and size in acres or square feet
of all areas to be conveyed, dedicated or reserved as common space.
(e)
The existing and proposed vehicular circulation
system of collector and local streets or roads, including off-street
parking areas, service areas, loading areas and major points of access
to public rights-of-way (including major points of ingress and egress
to the development).
(f)
The existing and proposed pedestrian circulation
system, including its interrelationships with the vehicular circulation
system and indicating proposed treatment of points of conflict.
(g)
The existing and proposed utility systems, including
sanitary sewers, storm sewers and water, electric, gas and telephone
lines.
(h)
Subsurface conditions, including data on slope
stability.
(i)
A minimum of three sections showing existing
and proposed contours and their relationship to proposed buildings,
structures, highways, streets, roads, parking areas and walkways and
to existing woodlands.
(j)
A general landscape plan indicating the treatment
and materials used for usable and common space.
(k)
The proposed treatment of the perimeter of the
PRD.
(m)
Any additional information required by the Planning
Commission as necessary for it to evaluate the character and impact
of the proposed PRD.
(4)
Projected scheduling of stages. In the case
of development plans which call for development over a period of years,
a schedule showing such stages shall be provided. This schedule shall
be reviewed annually with the Planning Commission by the developer
on the anniversary of the tentative approval or as each stage of development
is completed, whichever shall first occur.
C.
Public hearings and tentative approval.
(1)
Within 60 days following the submission of an
application for tentative approval of a PRD, with required documentation,
a public hearing pursuant to public notice on such application shall
be held by the Borough Council as described in Section 708 of the
Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10708.
(2)
The Borough Council, within 60 days following
the conclusion of the public hearing, shall, by official written communication
to the developer, either:
(3)
Failure to so act within such period of time
shall be deemed to be a grant of tentative approval of the preliminary
development plan as submitted. In the event, however, that the tentative
approval of the preliminary development plan is granted subject to
specified conditions, the developer may, within 30 days after receiving
a copy of the official written communication of the Borough Council,
notify such Borough of his refusal to accept all such conditions,
in which event tentative approval of the preliminary development plan
is deemed to be denied. In the event that the landowner does not,
within said period, notify the governing body of his refusal to accept
all said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
(4)
Criteria for tentative approval. The Borough
Council may give tentative approval to a preliminary development plan
if, and only if, it is found to meet the following criteria:
(a)
The proposed preliminary development plan complies
with all standards, restrictions, qualifications, criteria, requirements,
conditions, regulations and procedures of this chapter, preserves
the community development objectives of this chapter and is found
by the Borough Council to be consistent with the accepted Comprehensive
Plan now in existence or as subsequently amended.
(b)
Where the proposed preliminary development plan
provides standards varying from those in this chapter and the Subdivision
of Land Chapter otherwise applicable to the subject property, such
departure is in the public interest and promotes the environment,
health, safety and general welfare of the public.
(c)
The proposals for the maintenance and conservation
of any proposed common space are reliable and meet the standards of
this chapter, and the amount and extent of improvements of the remaining
land are appropriate with respect to the purpose, use and type of
residential development proposed.
(d)
The physical design of the proposed preliminary
development plan adequately provides for public services, traffic
facilities and parking, light, air, recreation and visual enjoyment.
(e)
The relationship of the proposed planned residential
development to the neighborhood in which it is proposed to be established
is beneficial.
(f)
The proposed preliminary development plan will
afford adequate protection of natural watercourses, topsoil, trees
and other features of the natural environment and will prevent erosion,
landslides, siltation and flooding.
(g)
In the case of a preliminary development plan
which proposes development over a period of years, the terms and conditions
thereof are sufficient to protect the interests of the public and
of the residents of the PRD in the integrity of the final development
plan.
(5)
The grant or denial of tentative approval shall
include findings of fact relating to the proposed preliminary development
plan as submitted for approval, and reasons for such decision shall
be set forth with particularity, including but not limited to whether
the proposed preliminary development plan would or would not be in
the public interest with respect to each of the above criteria.
D.
In the event that a development plan is granted tentative
approval, with or without conditions, the time between grant of tentative
approval and an application for final approval shall not be less than
three months, and, in the case of developments over a period of years,
the time between applications for final approval of each part of a
plan shall be not less than 12 months, except upon the consent of
the landowner.
E.
Status of plan after tentative approval.
(1)
The official written communication shall be
certified by the Borough Secretary and shall be filed in his office,
and a certified copy shall be mailed to the landowner. Where tentative
approval has been granted, it shall be deemed an amendment to the
Zoning Map, effective upon final approval, and shall be noted on the
Zoning Map.
(2)
Tentative approval of a development plan shall
not qualify a plat of the planned residential development for recording
nor authorize development or the issuance of any building permits.
A development plan which has been given tentative approval as submitted,
or which has been given tentative approval with conditions which have
been accepted by the landowner (and provided that the landowner has
not defaulted nor violated any of the conditions of the tentative
approval), shall not be modified or revoked nor otherwise impaired
by action of the municipality pending an application or applications
for final approval, without the consent of the landowner, provided
that an application or applications for final approval is filed or,
in the case of development over a period of years, provided that applications
are filed, within the periods of time specified in the official written
communication granting tentative approval.
(3)
In the event that a development plan is given
tentative approval and thereafter, but prior to final approval, the
landowner shall elect to abandon said development plan and shall so
notify the Borough Council in writing, or in the event the landowner
shall fail to file application or applications for final approval
within the required period of time or times, as the case may be, the
tentative approval shall be deemed to be revoked, and all that portion
of the area included in the development plan for which final approval
has not been given shall be subject to those local ordinances otherwise
applicable thereto as they may be amended from time to time, and the
same shall be noted on the Zoning Map and in the records of the Borough
Secretary.
F.
Final development plan.
(1)
The final development plan shall comply with
the provisions of other existing ordinances related to development
within the Borough and shall include:
(a)
All data required for the final plan as specified in Chapter 149, Subdivision and Land Development.
(b)
Accurately dimensioned locations of all proposed
buildings, structures, parking areas and common space.
(c)
The number of families to be housed in each
building or structure and the intended use of each building or structure.
(d)
The landscape development plan, including the
location and types of materials of sidewalks, trails and recreation
facilities as permitted by this chapter.
(e)
Supplementary data, to include any covenants,
grants of easements or other restrictions to be imposed on the use
of land, buildings and structures and provision for the maintenance,
ownership and operation of common space facilities.
(f)
An engineering report, which shall include the
following data wherever pertinent:
[1]
Profiles, cross sections and specifications
for proposed highway, street or road improvements.
[2]
Profiles and other explanatory data concerning
installation of water distribution systems, storm sewers and sanitary
sewers.
[3]
Feasibility of the sewerage system in terms
of capacity to serve the proposed development.
(g)
An erosion and sedimentation control plan, which
shall specifically indicate all erosion and sedimentation control
measures to be utilized on the site. The erosion and sedimentation
control plan shall be designed to prevent accelerated erosion and
sedimentation, including but not limited to the following:
[1]
The topographic features of the site area.
[2]
The types, depths, slope and extent of the soils
by area.
[3]
The proposed alteration to the site area.
[4]
The amount of runoff from the site area and
the upstream watershed area.
[5]
The staging of earthmoving activities.
[6]
Temporary control measures and facilities for
use during earthmoving.
[7]
Permanent control measures and facilities for
long-term protection.
[8]
A maintenance program for the control facilities,
including disposal of materials removed from the control facilities
or site area.
(2)
If the sequence of construction of various portions
of the development is to occur in stages, then the common space and/or
recreational facilities shall be developed, or an adequate development
commitment made thereto, in proportion to the number of dwelling units
intended to be developed during any given stage of construction as
approved. Furthermore, at no time during the construction of the development
shall the number of constructed dwelling units per acre of developed
land exceed the overall density per acre established by the approved
final development plan.
G.
Application for final approval.
(1)
An application for final approval may be for
all the land included in a development plan or, to the extent set
forth in the tentative approval, for a section thereof. Said application
shall be made to the Zoning Officer and within the time or times specified
by the official written communication granting tentative approval.
The application shall include any drawings, specifications, covenants,
easements, performance bond and such other requirements as may be
specified by ordinance, as well as any conditions set forth in the
official written communication at the time of tentative approval.
A public hearing on any application for final approval of the development
plan, or part thereof, shall not be required, provided that the development
plan, or the part thereof, submitted for final approval is in compliance
with the development plan theretofore given tentative approval and
with any specified conditions attached thereto.
(2)
In the event that the application for final
approval has been filed, together with all drawings, specifications
and other documents in support thereof and as required by the ordinance
and the official written communication of tentative approval, the
municipality shall, within 45 days of such filing, grant such development
plan final approval.
(3)
In the event that the development plan as submitted
contains variations from the development plan given tentative approval,
the governing body may refuse to grant final approval and shall, within
45 days from the filing of the application for final approval, so
advise the landowner in writing of said refusal, setting forth in
said notice the reasons why one or more of said variations are not
in the public interest.
(b)
If the landowner wishes to take either such
alternate action, he or she may do so at any time within which he
or she shall be entitled to apply for final approval, or within 30
additional days if the time for applying for final approval shall
have already passed at the time when the landowner was advised that
the development plan was not in substantial compliance. In the event
that the landowner shall fail to take either of these alternate actions
within said time, he or she shall be deemed to have abandoned the
development plan.
(c)
Any such public hearing shall be held pursuant
to public notice within 30 days after request for the hearing is made
by the landowner, and the hearing shall be conducted in the manner
prescribed in this article for public hearings on applications for
tentative approval. Within 30 days after the conclusion of the hearing,
the governing body shall, by official written communication, either
grant final approval to the development plan or deny final approval.
(d)
The grant or denial of final approval of the
development plan shall, in cases arising under this section, be in
the form and contain the findings required for an application for
tentative approval set forth in this article.
(4)
A development plan or any part thereof which has been given final approval shall be so certified without delay by the governing body and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, within a reasonable time, of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of § 149-19 of Chapter 149, Subdivision and Land Development, and post financial security in accordance with § 149-17.
(5)
In the event that a development plan or a section thereof is given final approval and thereafter the landowner shall abandon such plan or the sections thereof that have been finally approved, and shall so notify the governing body in writing, or in the event that the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as may be fixed by ordinance after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is resubdivided and is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article XVI.
A.
Residential density shall not exceed the number of
units per gross acre based upon the underlying zoning and shall be
as follows:
|
District
|
Dwelling Units Per Net Acre
|
|---|---|
|
R3
|
3
|
|
R4
|
8
|
B.
The Borough Council reserves the right to reduce a
density level in any proposed PRD if it determines that:
(1)
The average grade (slope) of 25% or more of
the land area prior to development is 25% or greater.
(2)
There is unsafe or inadequate vehicular access
to the development.
(3)
Traffic congestion on adjoining highways, streets
or roads will be generated which is beyond the safe carrying capacity
thereof as determined by accepted standards.
(4)
There is another, unsafe condition created by
any such density level.
A.
Lot size. There shall be no minimum lot size, percentage
of lot coverage or lot width. However, every one-family dwelling shall
have access to a common street, road, court, walk or other area available
for use.
B.
Buffer. There-shall be a buffer yard of at least 25 feet along the perimeter of each PRD tract as required by § 165-55.
C.
Height. The maximum height of buildings or structures
hereafter erected shall be as follows:
|
Type of Dwelling Unit
|
Maximum Height
(feet)
|
|---|---|
|
Single-family, duplex and townhouses
|
35
|
|
Apartments (R3)
|
35
|
|
Apartments (R4)
|
50
|
D.
Length. There shall be no continuous building or structure
of townhouses containing more than six dwelling units.
The proposed location and arrangement of buildings
and structures shall not be detrimental in terms of blocking sun,
light or air from adjacent buildings or structures within the development
site area or from existing buildings or structures located adjacent
to the proposed development.
All buildings and structures on the perimeter
of the development must be well screened in a manner which is approved
by the Borough Council.
Each PRD shall be planned as an entity which
includes a unitary site plan, mixtures of housing types and land uses,
usable common space, site-related vehicular and pedestrian circulation
systems and preservation of significant natural features.
Within a PRD, the following percentages of the
total gross land area shall be devoted to specified uses as indicated
herein:
A.
A minimum of 35% of the total site area shall be set
aside and preserved for usable common space. Where significant or
unique natural amenities exist on the site, the Borough Council shall
have the authority to enforce their preservation as part of the required
common space. These amenities may include, but are not limited to,
natural features such as rock outcroppings, virgin timber, groves
of trees, ravines, ponds, stream beds and stream valleys. Ground that
is unsuitable for building because of slope, soil or other reason
shall not be used in the usable common open space.
B.
A maximum of 65% of the total site area may be devoted
to residential use, which shall include building coverage, streets,
roads, parking areas, private yards and courts which abut and serve
residences or group of residences and other usable space.
C.
Ground that is usuitable for building because of slope,
soil or other reason shall not be used in the usable common open space.
A.
Common space between structures, including that space
being used as common space or usable space, shall be protected by
adequate covenants running with the land or by conveyances or dedications.
A PRD shall be approved subject to the submission of a legal instrument
or instruments setting forth a plan for permanent care and maintenance
of such space, recreational area and communally owned facilities.
No such instrument shall be acceptable until approved by the Borough
Solicitor as to legal form and effect. In cases where the Borough
will not be accepting dedications of streets, roads, recreation areas
or common space, the developer shall provide for an organization or
trust for ownership and maintenance thereof.
B.
In the event that the organization established to
own and maintain common space, or any successor thereto, shall at
any time after establishment of the final development plan fail to
maintain the common space, including all streets, roads and driveways
and recreational facilities, in reasonable order and condition in
accordance with the final development plan, the Borough may take remedial
action to cause the common space to be properly maintained, as provided
by Section 705 of the Pennsylvania Municipalities Planning Code, Act
247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10705.
A.
Parking shall be provided as follows:
(1)
There shall be a minimum of two off-street parking
spaces for each dwelling unit if the type of dwelling unit is not
defined. Such spaces shall be situated under cover within the dwelling
unit or within the immediate vicinity of the dwelling unit served.
(2)
There shall be a minimum of one off-street parking
space per every eight dwelling units for visitors parking.
(3)
Visitors' parking areas shall be designed to
minimize excessive numbers of vehicles in any one area. Continuous
rows of more than eight vehicles shall be interrupted with appropriate
landscaping.
B.
Vehicular access within the PRD shall be designed
to permit smooth traffic flow with minimum hazard to vehicular or
pedestrian traffic.
C.
A pedestrian circulation system shall be established,
and the system shall be reasonably segregated from vehicular traffic.
D.
Streets and roads in a PRD may be dedicated to public
use or may be retained under private ownership. Any such dedication
is not binding on the Borough unless and until it is accepted by the
enactment of a resolution to that effect.
To maintain the present environment of the Borough,
landscape development of any site area shall meet the following requirements:
A.
Existing trees shall be preserved wherever possible.
B.
All disturbed areas not improved for structures, drives,
walks, recreation facilities as permitted by the chapter and parking
areas shall be properly graded and covered with suitable materials
such as grass, ground cover, shrubs and trees to provide as natural
an environment as possible and so that the developed portion of the
property may be maintained in a safe, healthful, attractive and dust-free
condition.
C.
All lighting within the property shall be directed
away from adjacent property so that no light source is visible and
no glare spills onto the adjacent property.
D.
Within a PRD, all utilities, including, but not limited
to telephone, television cable and electrical systems shall be installed
underground; provided, however, that any appurtenances to these systems
which require on-grade installation must be effectively screened as
may be required by the specific approval of the Borough Council.
A.
The Borough Council shall require a performance bond
or such other acceptable security, as determined by the Borough Council,
to be furnished and filed with the Zoning Officer for private improvements.
An escrow agreement and account approved by the Borough Council as
to form and content shall be required in the amount of 110% of the
estimated constructed costs and engineering for each stage of development.
Such escrow amount shall accompany the request for final approval
of the final development plan to insure completion of all public site
improvements, streets, roads, parking areas, sewers, utilities, landscaping,
plantings and screening.
B.
Before any building permit may be issued in regard
to the PRD, all agreements, contracts, deed restrictions, other instruments
and sureties shall be in a form acceptable to the Borough Council.
A.
At the time of application for tentative approval
of a PRD a fee as set forth by resolution of the Borough Council shall
be payable to the Borough.
B.
At the time of filing of a final development plan
for any section or part of a PRD a fee as set forth by resolution
of the Borough Council shall be payable to the Borough.
C.
At the time of filing of a final development plan
for any nonresidential accessory use a fee as set forth by resolution
of the Borough Council shall be payable to the Borough.
D.
In addition to the above enumerated PRD fees, all
applicable building permit fees adopted by the Borough from time to
time shall apply and be paid.
E.
All fees are subject to change. The Borough shall
review the fees annually and make adjustments to reflect current costs.
