The terms and definitions set forth in § 502-A of
the Act are hereby adopted and incorporated by reference in full in
this chapter, as if they were attached hereto.
There are hereby enacted transportation impact fees to be imposed
upon new development, as defined in the Act, for the purpose of off-site
public transportation capital improvements authorized by the Act and
as described by the Transportation Capital Improvements Plan adopted
by the South Fayette Township Board of Commissioners. Said transportation
impact fees shall apply to all new subdivisions and land developments
within the transportation service areas established pursuant hereto,
and the imposition and payment shall be a condition precedent to final
approval of a subdivision or land development plan and issuance of
a building permit.
Transportation impact fees collected pursuant to this chapter
shall be expended for costs incurred for improvements attributable
to new development and designated in the Transportation Capital Improvements
Plan for improvements within the transportation service areas in which
the new development will be located. Additionally, such fees may be
used for the acquisition of land and rights-of-way, engineering, legal
and planning costs and all other costs, including debt service related
to road improvements within the transportation service area, and including
such proportionate amount of the Roadway Sufficiency Analysis as is
allowed under the provisions of the Act.
The following documents, previously adopted by the South Fayette
Township Board of Commissioners, are hereby incorporated by reference
in full in this chapter, as if attached hereto:
A.
Recommendations of the Transportation Impact Fee Advisory Committee,
including those set forth in the documents identified below.
B.
Land Use Assumptions Report as adopted by Resolution No. 03-2010.
C.
Roadway Sufficiency Analysis as adopted by Resolution No. 12-2011.
D.
Transportation Capital Improvements Plan as adopted by Resolution
No. 13-2011.
E.
Transportation Service Areas Map as prepared by McMahon Associates,
Inc., attached as Exhibit "A" to the Transportation Capital Improvements
Plan, and incorporated by reference in full herein, as if attached
hereto.
Where a new nonresidential development is proposed which deviates
from the land use assumptions resulting in increased density, intensity
or trip generation, the developer shall be required to prepare a special
transportation study in order to assist the Township in determining
traffic generation or circulation and to serve as the basis for the
determination of the amount of the transportation impact fee for such
development or subdivision. Such transportation studies shall conform
to the requirements of the South Fayette Township Subdivision and
Land Development Ordinance.[1] Any such studies shall be submitted prior to the imposition
of the impact fee and shall be considered in the determination of
said fee.
This chapter shall be uniformly applicable to all developments
that occur within the defined transportation service areas.
No building permit shall be issued for development in the transportation
service areas hereto unless the applicant therefore has paid the transportation
impact fees imposed by and calculated pursuant to this chapter.
The following new development or subdivision shall be exempt
from the imposition of the impact fee adopted pursuant to this chapter:
A.
All new development or subdivisions which constitute affordable housing
to low- and moderate-income persons as defined in Act 209 (53 P.S.
§ 10501-A et seq.) shall be entitled to a credit of up to
100% against the impact fee otherwise assessable against said development.
B.
All new development or subdivision which are determined by the South
Fayette Township Board of Commissioners to serve an overriding public
interest shall be entitled to a credit of up to 100% against the otherwise
applicable impact fee.
C.
De minimus applications.
A.
The transportation impact fees for transportation capital improvements
shall be based upon the total costs of the road improvements included
in the adopted Transportation Capital Improvements Plan within the
transportation service areas, which are attributable to and necessitated
by the new development within the transportation service areas as
calculated in accordance with the Act and herewith, divided by the
number of anticipated peak-hour trips generated by all new development
consistent with a) the adopted Land Use Assumptions Report and b)
calculated in accordance with the Trip Generation Manual published
by the Institute of Transportation Engineers, sixth or subsequent
editions, as amended, which is hereby adopted by South Fayette Township,
to equal a per-trip cost for transportation improvements within the
transportation service areas.
B.
The specific transportation impact fee for a specific new subdivision
or land development within a transportation service area for road
improvements shall be determined as of the date of preliminary subdivision
or land development approval by multiplying the per-trip cost established
for the transportation service area by the estimated number of PM
peak-hour trips to be generated by the new subdivision or land development
using the Trip Generation Manual published by the Institute of Transportation
Engineers, sixth or subsequent editions, as amended.
C.
The South Fayette Township Board of Commissioners may authorize or
require the preparation of a special transportation study in order
to determine the traffic generation or circulation for a new nonresidential
development to assist in the determination of the amount of the transportation
fee for such subdivision or land development.
A.
South Transportation Service Area and the North Transportation Service
Area are established as shown on the Transportation Service Area Map
prepared by McMahon Transportation engineers and Planners, attached
as Exhibit "B" to the Transportation Capital Improvements Plan, and
incorporated by reference in full herein. Additional transportation
service areas or subareas or combinations of transportation service
areas or subareas may be designated by the South Fayette Township
Board of Commissioners from time to time, consistent with the procedure
set forth in this chapter and in consideration of the following factors.
(1)
The Comprehensive Plan;
(2)
Any standards for adequate public facilities incorporated in the
Transportation Capital Improvement Plan;
(3)
The projected build-out and timing of development areas;
(4)
The need for and cost of unprogrammed transportation improvements
necessary to support projected development; and
(5)
Such other factors as the South Fayette Township Board of Commissioners
may deem relevant.
B.
Fees collected from development in each transportation service area
or subarea will be used exclusively to fund transportation improvement
projects scheduled for that area or subarea.
Approach 1: The amount of per-peak-hour-trip fee for South Transportation Service Area and the North Transportation Service Area shall be $1,121 and $1,362, respectively, unless revised or amended in accordance with the provisions hereof and the Act, calculated in accordance with § 503A(e)(1)(iv)(C) and 505-A(a)(1) of the Act and § 211-11 hereof, as follows:
A.
South Transportation Service Area. Total costs of road improvements
in South Transportation Service Area included in the adopted Transportation
Capital Improvements Plan attributable to and necessitated by new
development within the Transportation Service Area, including 50%
of the estimated costs of improvements to highways, roads and streets
qualifying as a state highway or portion of the rural highway system
as provided in § 102 of the State Highway Law.
(1)
Total costs attributable to South Transportation Service Area: $2,253,921.
B.
North Transportation Service Area. Total costs of road improvements
in North Transportation Service Area included in the adopted Transportation
Capital Improvements Plan attributable to and necessitated by new
development within the Transportation Service Area, including 50%
of the estimated costs of improvements to highways, roads and streets
qualifying as a state highway or portion of the rural highway system
as provided in § 102 of the State Highway Law.
(1)
Total costs attributable to North Transportation Service Area: $5,347,868.
There is hereby imposed an additional transportation impact
fee upon new developments which generate 1,000 or more new peak-hour
trips, net of pass-by trips as defined by the Trip Generation Manual
published by the Institute of Transportation Engineers, sixth or subsequent
editions, during the peak-hour period designated in this chapter.
The applicant for such a development shall perform traffic analysis
of development traffic impact on highways, roads or streets outside
the transportation service area in which the development site is located
but within the boundaries of South Fayette Township. Any such highways,
roads or streets or parts thereof outside the transportation service
area which will accommodate 10% or more of development traffic and
100 or more new peak hour trips shall be studied, and the applicant
shall mitigate the traffic impacts of the development on such highways,
roads and streets to maintain the predevelopment conditions after
completion of the development.
Any other provisions of this chapter to the contrary notwithstanding,
in accordance with the provisions of the Act, South Fayette Township
may expend transportation impact fees paid by an applicant on projects
not contained in the Transportation Capital Improvement Plan or may
provide credit against the transportation impact fees for the value
of any construction projects not contained in the Transportation Capital
Improvement Plan or may provide credit against transportation impact
fees for the value of any construction projects not contained in the
Transportation Capital Improvement Plan which are performed at the
applicant's expense if all of the following criteria are met:
A.
The applicant has provided written consent to use of its transportation
impact fees or the provision of such credit against the applicant's
transportation impact fees for the specific transportation projects
which are not included in the Transportation Capital Improvement Plan.
B.
The alternative transportation projects, whether highway or multimodal,
have as their purpose the reduction of traffic congestion or the removal
of vehicle trips from the roadway work.
C.
South Fayette Township amends its Transportation Capital Improvement
Plan components required by Section 504-A(e)(1)(vi) of the Act to
provide replacement of the collected transportation impact fees transferred
to transportation projects outside the Transportation Capital Improvement
Plan from sources other than transportation impact fees or developer
contributions within three years of completion of the alternative
projects to which the transferred fees were applied or for which credit
was provided. All interest earned on such funds shall become funds
of that account. South Fayette Township shall make an accounting annually
for any fund account containing transportation impact fee proceeds
and earned interest. Such accounting shall include, but not be limited
to, the total funds collected, the source of the funds collected,
the total amount of interest accruing on such funds and the amount
of funds expended on specific transportation improvements. Notice
of the availability of the results of the accounting shall be included
and published as part of the annual audit required by South Fayette
Township. A copy of the report shall also be provided to the Transportation
