[HISTORY: Adopted by the Board of Supervisors of the Township
of Adams 1-16-2007 by Ord. No. 118. Amendments noted where applicable.]
This chapter shall be known as the "Adams Township Impact Fee Ordinance" and shall be codified in the Municipal Code of Ordinances as Chapter 117, Impact Fees.
The purpose of this chapter is to establish the Adams Township
Impact Fee Program, including a Transportation Capital Improvements
Plan, 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 Adams Township Impact Fee Program shall be based upon the imposition
of an impact fee payable to the Township 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 Township 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 Township 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 Board of Supervisors hereby finds and declares that:
A.
The recitals set forth at the beginning of this chapter are incorporated
herein as findings of the Board of Supervisors as if fully set forth.
B.
The Township 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 Township 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 Western and Eastern
Transportation Service Areas 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 areas is reflected in the RSA report and the Township'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
Areas 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 Township, state and federal
governments, and developers.
G.
The Township 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 Western and
Eastern Transportation Service Areas, the demand for which has been
quantified through the application of land use assumptions provided
by the Impact Fee Advisory Committee appointed by Board of Supervisors,
is in the best interest of the Township 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[1] unless the context clearly indicates to the contrary.
The following words and terms, not defined in the MPC or defined differently
than in the MPC, shall have the following meaning unless the context
clearly indicates to the contrary:
A document attesting that a proposal for construction, repair,
alteration, or addition to a structure has been reviewed and approved
in accordance with the requirements of this chapter and the current
Building Code.
A person retained by and responsible to the Board of Supervisors
to enforce the regulations of this chapter, with power to issue zoning
permits, to issue building and occupancy permits, to halt illegal
construction, and to interpret literally the meaning of the various
sections of this chapter, subject to appeal before the Zoning Hearing
Board.
The document based on an analysis of past trends and current
conditions in the Township, projecting growth and change in population,
economic conditions and land use, and setting forth policies, goals,
and objectives to guide future growth and development in the community.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
A charge or fee imposed by a municipality, to be paid at
building permit issuance, against new development in order to generate
revenue for funding the costs of transportation capital improvements
necessitated by and attributable to new development.
Shall mean, for the purpose of the Roadway Sufficiency Analysis
and the Transportation Capital Improvement Program, Trans Associates,
Inc. and thereafter shall mean any Pennsylvania-licensed engineer
with experience in traffic and roadway engineering as may be appointed
from time to time by the Board of Supervisors.
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 Township. 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 certificate issued by the Zoning Officer attesting to the
fact that the proposed use or reuse of premises is in accordance with
the requirements of this chapter or with a previously issued zoning
or building permit and may be legally occupied.
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.
The plan adopted by the Board of Supervisors of Adams Township
prior to the enactment of this Transportation Capital Improvements
Ordinance for the purpose of identifying and planning for transportation
capital improvements.
A geographically defined area of the Township 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.
Those rates of traffic for the p.m. peak hour of adjacent
street traffic as determined in Trip Generation, 7th Edition, 2003,
Vols. 1 to 3, the Institute of Transportation Engineers, with such
amendments or from such future editions thereof, as may be adopted
by the Supervisors by resolution.
The dollar figure calculated by dividing the total costs
of the road improvements included in the adopted Transportation Capital
Improvements Plan, plus both
A.
A ten-percent contingency; and
B.
The cost of the Municipal Traffic Engineer's preparation of
the Roadway Sufficiency Analysis within a transportation service area
attributable to and necessitated by new development within the service
area divided by the number of anticipated p.m. peak hour trips generated
by all new development consistent with the land use assumptions and
calculated in accordance with Trip Generation, 7th Edition, 2003,
Vols. 1 to 3, the Institute of Transportation Engineers, with such
amendments or from such future editions thereof, as may be adopted
by the Supervisors by resolution.
[1]
Editor's Note: See 53 P.S. §§ 10107 and
10502-A, respectively.
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 Mars Area School District, or
buildings associated therewith, or to Adams Township, the Breakneck
Creek Municipal Authority, or any other municipal agency or authority.
Schools and local government agencies serve an overriding public interest,
warranting an exemption from impact fees.
C.
At the sole discretion of the Adams Township Board of Supervisors,
impact fees may be reduced or waived when the proposed development
serves an overriding public interest due to socioeconomic characteristics.
No building permit or occupancy permit subject to this chapter
shall be issued for a development in the Eastern or Western Transportation
Service Area unless the applicant has paid the impact fee imposed
by and calculated pursuant to this chapter.
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 Board of Supervisors in accordance
with the procedures set forth in the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The impact fee imposed by this chapter upon all new development shall be determined by applying the unit cost per trip to the p.m. peak hour trips generated by a project as identified in Trip Generation, 7th Edition, 2003, Vols. 1 to 3, the Institute of Transportation Engineers, with such amendments, or from such future editions thereof, as may be adopted by the Supervisors by resolution, or by a special transportation study pursuant to § 117-10. 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, 7th Edition, 2003,
Vols. 1 to 3, the Institute of Transportation Engineers, with such
amendments, or from such future editions thereof, as may be adopted
by the Supervisors by resolution. 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 Township.
Any highways, roads or streets, or part 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 Code Enforcement Officer's regulations.
C.
Mitigation. Applicants for new development that generates 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.
A.
Applicability of this section. The Code Enforcement Officer 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 Township 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, 7th Edition, 2003, Vols.
1 to 3, the Institute of Transportation Engineers, as may be adopted
by the Supervisors by resolution;
(3)
The use is not represented in any amendments or future editions of
Trip Generation, 7th Edition, 2003, Vols. 1 to 3, the Institute of
Transportation Engineers, as may be adopted by the Supervisors by
resolution;
(4)
A new development, 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.
B.
Guidelines for conducting a special transportation study. Special
transportation studies must be conducted in accordance with the Code
Enforcement Officer's regulations. The developer shall be responsible
for all costs associated with the special transportation study.
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 Code Enforcement Officer 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 Township in the manner prescribed herein
prior to issuance of a building permit.
B.
Establishment and maintenance of accounts. The Township Secretary shall establish an interest-bearing trust fund account created solely for impact fees. All interest earned 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 § 117-13.
C.
Maintenance of records. The Township Secretary 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 either the Eastern or the Western Transportation Service
Area.
D.
Annual accounting. Adams Township 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 accounting will
be included and published as part of the Township's annual audit.
A copy will also be provided to the Impact Fee Advisory Committee.
A.
Role of the Impact Fee Advisory Committee. The IFA Committee has
been formed pursuant to the MPC,[1] as amended, to serve in an advisory capacity to the Board
of Supervisors. 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 Township;
(3)
To monitor and evaluate the implementation of a capital improvements
program and the assessment of impact fees and report annually to the
Township with respect to the same;
(4)
To advise the Township 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 this 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; and
(7)
To review and make recommendations to the Board of Supervisors on
changes to the Code Enforcement Officer's regulations as may
be proposed from time to time.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Review of transportation capital improvements or impact fees charge.
The Board of Supervisors 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 fee charges based only on:
(1)
Subsequent new development which has occurred in the Township;
(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 Township'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 Board of Supervisors, upon
the recommendation of the Municipal Traffic Engineer, may instruct
the IFA Committee to utilize another method; and
(6)
Significant changes in the projected revenue from sources listed.
Adams Township 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 Township amends it 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 Township 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 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 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 Township.
B.
Subject to the requirements of Subsections A and B herein, 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 Board of
Supervisors, 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 Township prior to the issuance
of any building permit. The agreement must establish the estimated
cost of the improvement, the schedule for initiation and completion
of the improvement, guarantee that the improvement be completed to
the Township and Pennsylvania Department of Transportation standards
and design criteria, and such other terms and conditions as deemed
necessary by the Township. The Township 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 Township 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 Board of Supervisors 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 Township 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 Township 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 payer of the impact fee may apply for a refund of the appropriate
share of any such fee and any interest earned from the date of payment
if:
(1)
The Township has failed to commence any Eastern or Western Transportation
Service Area road improvements within three years of the scheduled
construction start 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 either transportation service area in which the road improvement
was adopted, the Township 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 Township 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 Township 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 Township,
the Township shall be authorized to transfer any funds so remaining
to any other fund in the Township without any further obligation to
refund said funds.
B.
The request for a refund must be submitted to the Code Enforcement
Officer in writing specifying the details and basis for the request
for refund.
A.
The Code Enforcement Officer may establish, amend, modify and revoke
reasonable regulations and forms governing:
(1)
The collection, payment, crediting and refund of impact fees; and
(2)
The content and methodology of traffic studies, special traffic studies;
and
(3)
The use of later published additions of the ITE Trip Generation manual;
and
(4)
The treatment of any parcel that lies both within and outside a transportation
service district.
(5)
Funds, subaccounts and the uses of proceeds.
(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.
No amendment to these regulations shall be effective until reviewed
by the IFA Committee and approved by the Board of Supervisors by resolution.
C.
Any proposed amendment to the Code Enforcement Officer's regulations
shall be acted upon by the IFA Committee within 30 days after transmittal
of the same to it by the Code Enforcement Officer. Failure to so act
shall be deemed a favorable recommendation to the Board of Supervisors.
D.
These regulations shall not supersede or replace any other regulations
in effect in the Adams Township. Where a conflict exists, the most
stringent standard shall apply.
The words and phrases of this chapter are to be construed in
accordance with the following rules:
A.
Definitions. Words and phrases are to be interpreted as defined by
this chapter, then:
(1)
Words and phrases that are not defined by this chapter are to be
interpreted as defined in Sections 107 and 502-A of the Pennsylvania
Municipalities Planning Code (MPC), 53 P.S. §§ 10107
and 10502-A, as amended; then
(3)
Words and phrases that are not defined in this chapter, or Sections
107 and 502-A of the MPC, or in the Township's Zoning or Subdivision
and Land Development 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 that results in an absurd construction
of the meaning, or in a way that causes one provision to contradict
another.
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.
