[HISTORY: Adopted by the Board of Supervisors
of the Township of Mount Joy 6-21-2004 by Ord. No. CXCVI.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 116.
Subdivision of land — See Ch. 119.
Zoning — See Ch. 135.
[1]
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."
A.
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.
B.
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:
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.
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.
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.
A permit issued under the Mount Joy Township Uniform Construction
Code Ordinance.
A project which meets all of the following requirements:
[Added 8-18-2014 by Ord.
No. 287-2014]
The project involves enlargement, redevelopment, change of use
or structural alterations but does not involve new construction.
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.
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.
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.
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.
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 Mount Joy Township Zoning Ordinance, codified as Chapter 135 of the Code of Ordinances, and as may be amended or reenacted in the future.
The Township hereby establishes a transportation
service area, as outlined on the map attached hereto as Appendix A
and incorporated herein by reference.[1] Appendix A may hereafter be amended from time to time
by resolution.
[1]
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.[1] 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.
[1]
Editor's Note: Appendix B is included at the
end of this chapter.
A.
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.
B.
Fee to be determined by Township.
(1)
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.
(2)
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.
C.
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.
D.
Transportation study.
(1)
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.
(2)
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.
(3)
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.[1]
[1]
Editor's Note: Appendix B is included at the
end of this chapter.
E.
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.
(1)
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.
A.
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:
(1)
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.
(2)
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.
(3)
The amount of the impact fee and the date upon which
it was paid.
(4)
The specific provision of Act 209 granting the right
to a refund.
B.
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]
A.
Exemptions. The following types of projects are exempt from the requirements
of this chapter:
(1)
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.
(2)
The addition to or construction of buildings for agricultural use
on properties devoted to farming.
(3)
Additions to single-family dwellings or residential accessory structures
which do not add additional dwelling units.
B.
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.
(1)
The applicant shall present evidence and shall have the burden of
proof to demonstrate that its request meets all of the following criteria:
(a)
The applicant proposes to construct, at the applicant's sole expense, a transportation improvement serving an overriding public interest, as defined in § 125-3.
(b)
The applicant owns or shall obtain all interests in land necessary
for the construction of the transportation improvements serving an
overriding public interest.
(c)
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:
[1]
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;
[2]
The capacity of the proposed transportation improvements; and
[3]
The traffic to be generated by the applicant's proposed
development.
(d)
The proposed transportation improvements will be consistent
with the Official Map.
(e)
The proposed transportation improvements will meet PennDOT regulations
where improvements are proposed to state highways.
(f)
The proposed transportation improvements will cost in excess
of the amount of the credit requested.
[1]
The applicant shall present documentation of the cost of the
proposed transportation improvements in accordance with the following:
[a]
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.
[b]
The cost shall be estimated as of 90 days following
the date of completion of the transportation improvements by the applicant.
[c]
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.
[2]
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.
(2)
The Township Engineer shall review the request for credits at the
expense of the applicant and shall prepare recommendations for the
Board of Supervisors.
(3)
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.
(4)
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:
A.
The name, address and telephone number of the applicant
and, if different, the name, address and telephone number of the landowner.
B.
The address and Lancaster County tax account number
of the property which is the subject of the request.
C.
A brief description of the project.
D.
The section or sections of the chapter which applicant
requests the Board to waive.
E.
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.
A.
It shall be a violation of this chapter to commit
or permit any other person to commit any of the following acts:
(1)
To commence construction of any improvement for which
an impact fee is required prior to payment of the impact fee.
(2)
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.
(3)
To fail to comply with any other provisions of this
chapter.
B.
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.
