This Chapter shall be known as the "Marshall Township Impact Fee Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall 11-29-2005 by Ord. No. 360. Amendments noted where applicable.]
A.
The purpose of this Chapter is to establish the Marshall 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 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 in the Ordinance adopting this Chapter, Ordinance No. 360 are incorporated herein as findings of the Board, as if fully set forth below.
B.
The Township is committed to the provision of a transportation system at service levels necessary to support residential and non-residential 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 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 roadway sufficiency analysis and the comprehensive plan and is implemented via the Subdivision and Land Development Ordinance and the Zoning Ordinance.
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 amount of the impact fee to be imposed, shall be calculated in accordance with the provisions of the MPC and this Chapter, applying the engineering standards set forth in Trip Generation, 7th Ed. Vols. 1-3, published by the Institute of Transportation Engineers and any amendments or future editions thereof.
H.
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 define transportation service areas, the demand for which has been quantified through the application of land use assumptions provided, by the IFA Committee appointed by the Board, is in the best interest of the Township and its residents.
[Amended 1-3-2011 by Ord. No. 403; 1-3-2012 by Ord. No. 410; 1-7-2013 by Ord. No. 417; 2-3-2014 by Ord. No. 420; 1-5-2015 by Ord. No. 431; 1-4-2016 by Ord. No. 439; 1-3-2017 by Ord. No. 446; 1-2-2018 by Ord. No. 455; 1-7-2019 by Ord. No. 463; 1-4-2021 by Ord. No. 477; 1-3-2022 by Ord. No. 479; 1-3-2023 by Ord. No. 484]
As used in this Chapter, words shall have the meaning set forth in Subdivision and Land Development Ordinance and the Zoning Ordinance and Sections 107 and 502-A of the MPC, unless the context clearly indicates to the contrary. The following words and terms, not defined or defined differently in the MPC, the Subdivision and Land Development Ordinance or the Zoning Ordinance shall have the following meanings unless the context clearly indicates to the contrary:
A. BUILDING PERMIT(1) (2) (3) (4) (5)
A permit for the activities regulated under the Pennsylvania Uniform Construction Code, as adopted and administered by the Township via Ordinance No. 350 of 2004, adopted by the Board on May 10, 2004, including without limitation the following activities:
The construction or alteration of a man-made object having a stationary location on land or water;
The construction of an addition;
The demolition of or the movement of a man-made object having a stationary location on land or water;
A change of occupancy or use; or
The installation of or the alteration of any equipment regulated by the Pennsylvania Uniform Construction Code.
B. COMPREHENSIVE PLAN
The overall policy guide for the physical man-made change to improved or unimproved real estate of the Township adopted by the board as the comprehensive plan of the Township, either as a whole or in parts, consisting of documents, maps, drawings and charts in accordance with the MPC, and as amended from time to time. The comprehensive plan includes but is not limited to the Marshall Township Comprehensive Plan adopted by the Board on August 7, 1991 and designs or plans or any studies or surveys emanating therefrom.
C. IFA COMMITTEE
The Impact Fee Advisory Committee established, by the Board via its adoption of Resolution No. 708 on June 7, 2004.
D. IMPACT FEE
Shall mean a fee or change imposed by the Township pursuant to this Chapter and Article V-A of the MPC in and to generate revenue for funding the costs of transportation capital improvements necessitated by and attributable to new development, to be paid at building permit issuance. The impact fee shall be calculated in accordance with the provisions of the MPC, as amended, and this Chapter, and shall be in the amount set forth in the Transportation Capital Developments Plan.
E. LAND USE ASSUMPTIONS REPORT
The land use assumptions report, prepared by the Township Traffic Engineer and the IFA Committee in accordance with applicable provisions of the MPC, as adopted by the Board via Resolution No. 728 on September 7, 2005, said report being incorporated herein and appended hereto as Attachment A.[1]
F. NEW DEVELOPMENT
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 areas of the Township. New development also includes any change in use that increases peak hour trips generated by an improved development.
G. P.M. PEAK-HOURS
The relevant peak hour period for the calculation of impact fees. Trips generated in the p.m. peak hours shall be calculated when determining the impact fee.
H. ROADWAY SUFFICIENCY ANALYSIS
The roadway sufficiency analysis prepared by the Township Traffic Engineer and the IFA Committee in accordance with applicable provisions of the MPC, as adopted by the Board via Resolution No. 732 on August 1, 2005, said analysis being incorporated herein and appended hereto as Attachment B.[2]
I. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Chapter 174 of the Code of the Township of Marshall, as the same may be amended from time to time.
K. TRANSPORTATION CAPITAL IMPROVEMENTS PLAN
The transportation capital improvements plan prepared by the Township Traffic Engineer and IFA Committee in accordance with applicable provisions of the MPC, as adopted by the Board by Ordinance No. 484 on January 3, 2023, said plan being incorporated herein and appended hereto as Attachment C.[3]
L. TRANSPORTATION SERVICE AREAS
Shall mean geographically defined areas of the Township which, pursuant to the Zoning Ordinance and applicable district regulations, have an aggregation of sites with development potential creating the need for transportation improvements for such area to be funded by impact fees, as set forth in the transportation improvements plan, as follows:
M. TRIP GENERATION RATES
Those rates of traffic for the p.m. peak hour of adjacent street traffic as determined in Trip Generation, 7th Edition, Vols. 1-3, published by the Institute of Transportation Engineers, and any amendments or future editions thereof.
N. UNIT COST PER TRIP
The dollar figure calculated by dividing the total costs of the road improvements included in the adopted Transportation Capital Improvements Plan within a given 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 Ed., Vols. 1—3, published by the Institute of Transportation Engineers and any amendments and future editions thereto.
O. ZONING ORDINANCE
Chapter 208 of the Code of the Township of Marshall, Zoning, as the same may be amended from time to time.
A.
No building permit subject to the Chapter shall be issued for a development in a 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 as transportation needs dictate and as directed by the Board in accordance with the procedures set forth in the MPC.
B.
The impact fee imposed by this Chapter upon all new development shall be determined by applying the unit improvement cost to the p.m. peak hour trips generated by a new development as identified in Trip Generation, 7th Edition, Vols. 1-3, published by the Institute of Transportation Engineers, and any amendments or future editions thereof, or by a special transportation study pursuant to Section 101-10 of this Chapter. To determine the impact fee for a specific use, the number of new p.m. peak hour trips for the proposed use shall be multiplied by the unit cost per trip in each 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.
D.
If the development for which a building permit is sought is located on a parcel in which an existing facility will be removed, a credit equal to the number of new p.m. peak hour trips generated by that facility will be given.
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 Ed. Vols. 1-3, published by the Institute of Transportation Engineers, and any amendments or future editions thereof. The fee imposed by this Section is in addition to the impact fee calculated otherwise under the Chapter.
B.
Traffic Study: An applicant for a new development that generates 1,000 or more p.m. peak hour trips net of pass-by 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 parts 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 Township requirements as determined by the Township Traffic Engineer.
C.
Mitigation: Applicants for new development that generate 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.
The Township has defined transportation service areas as shown on the transportation service area maps set forth in the Transportation Capital Improvements Plan.
A.
Applicability of this section. The Board 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 where there is a deviation in land use assumptions resulting in increased density, intensity or trip generation as determined by the Township Traffic Engineer;
(2)
No "R" value or fitted curve equation is provided for the use in the most recent version of Trip Generation 7th Ed. Vols. 1-3, published by the Institute of Transportation Engineers;
(3)
The use is not represented in any amendments or future editions of Trip Generation 7th Ed. Vols. 1-3, published by the Institute of Transportation Engineers; or
(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.
B.
Guidelines for conducting a special transportation study. Special transportation studies must be conducted in accordance with the Township Manager's Regulations adopted pursuant to Section 101-17 of this Chapter. 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 this Section 101-10 of this Chapter must be in writing directed to the Township Manager and must be postmarked within 18 months of the date of the check paying the impact fee. No adjustments shall exceed the amount of the impact fee actually paid.
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 Manager shall establish interest-beating trust fund accounts created solely for impact fees and shall maintain records whereby impact fees collected, are segregated by transportation service areas. 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 a particular transportation service area, except as provided in Section 101-13 of the Chapter.
C.
Maintenance of records. The Township Manager 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 the particular transportation service area.
D.
Annual accounting. The 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 specific transportation improvements. Notice of the availability of the results of the accounting will be included and published as part of the Township's annual audit. A copy will also be provided to the IFA Committee.
A.
Role of the IFA Committee. The IFA Committee has been formed pursuant to the MPC, as amended, to serve in an advisory capacity to the Board. 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 on at least a biannual basis to the Township with respect to the stone;
(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 the 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;
(7)
To review and make recommendations to the board on changes to the Manager's Regulations as may be proposed from time to time.
B.
Review of transportation capital improvements or impact fees Charge. The Board may request, no more than annually, the IFA Committee to review and make recommendations on the transportation capital improvements or impact fee changes based only on:
(1)
Subsequent new development which has occurred in the Township;
(2)
Completion of capital improvements in the Transportation Capital Improvement Plan;
(3)
Unavoidable delays in construction of capital improvements contained in the Transportation Capital Improvements Plan beyond the Township's control or responsibility;
(4)
Significant changes in 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, the Board upon the recommendation of the Township Traffic Engineer may instruct the IFA Committee to utilize another method; or
(6)
Significant changes in the projected revenue from sources listed.
The 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 its collected. Impact fees for specific transportation projects which are not included in the Transportation Capital Improvement Plan;
B.
The alternative transportation project, whether highway or multi-modal, has as its purpose the reduction of traffic congestion or the removal of vehicle trips from the roadway network; and
C.
The Township amends its Transportation Capital Improvements Plan components required by Section 504-A (e)(1)(vi) of the MPC, 53 P.S. § 10504-A(e)(1)(vi), to provide for 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 new development prior to the issuance of a building permit by the Township to the new development for development on the applicable site.
A.
A traffic generator 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 Transportation Capital Improvements Plan, including contingency factors for such work. 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.
Any new development which 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 actual cost of such off-site improvements as approved by the Township Engineer. Such credit shall not exceed, the amount of the impact fee. In order for a new development to be eligible for this credit it must announce the intent to perform off-site improvements during the subdivision or land development approval process. The announcement must be in writing and must set forth the off-site improvement project for which the traffic generator is seeking credit. The traffic generator 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 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 new development 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.
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 traffic generator'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 multi-modal, has as its purpose the reduction of traffic congestion or the removal of vehicle trips from the roadway network; and
(3)
The Township amends its Transportation Capital Improvements Plan components required by Section 504-A(e)(1)(vi) of the MPC, 53 P.S. § 10504-A(e)(1)(vi), to provide for 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 appropriate share of any such fee and any interest earned from the date of payment if:
(1)
The Township has failed to commence any transportation service area road improvements within three years of the scheduled construction 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 the 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; or
(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 the 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 refund must be submitted to the Township Manager in writing specifying the details and basis for the request for refund.
[Amended 9-10-2012 by Ord. No. 414]
A.
The Township Manager may establish, amend, modify and revoke reasonable regulations and forms governing:
(1)
The collection, payment, crediting and refund of impact fees;
(2)
The content and methodology of traffic studies, special traffic studies;
(3)
The use of later published, additions of the ITE Trip Generation manual;
(4)
The treatment of any parcel that ties both within and outside a transportation service area;
(5)
Funds, subaccounts and the uses of proceeds;
(6)
The determination of the amount of trips previously attached to a developed property; and
(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. The initial Manager's regulations are attached hereto and made a part hereof as Attachment D and are hereby approved by the Board.[1] No amendment to these regulations shall be effective until reviewed by the IFA Committee and approved by the Board by resolution.
This Chapter shall apply to any new development for which a preliminary or tentative application for land development, subdivision of planned residential development has been filed with the Township on or after the first publication of the Township's intention to adopt an impact fee ordinance, said date being September 27, 2004, and prior to the date of adoption of this Chapter; provided, however, that the impact fee imposed on building permits for construction of new development approved pursuant to such applications filed said period shall not exceed $1,000 per anticipated peak hour trip as calculated in accordance with generally accepted traffic engineering standards as set forth under the provisions of Section 505-A(a)(l) of the MPC, or the impact fee established by this Chapter, whichever is less.
The following attachments are referenced and available for review at the Township offices during normal business hours:
Attachment A | Resolution No. 728 Final Land Use Assumptions Report/Transportation Impact Fee Studies - January 2005 prepared by Trans Associates |
Attachment B | Resolution No. 732 Final Roadway Sufficiency Analysis prepared by Trans Associates |
Attachment C | Ordinance No. 484 Transportation Capital Improvements Plan [Amended 1-3-2011 by Ord. No. 403; 1-3-2012 by Ord. No. 410; 1-7-2013 by Ord. No. 417; 2-3-2014 by Ord. No. 420; 1-5-2015 by Ord. No. 431; 1-4-2016 by Ord. No. 439; 1-3-2017 by Ord. No. 446; 1-2-2018 by Ord. No. 455; 1-7-2019 by Ord. No. 463; 1-4-2021 by Ord. No. 477; 1-3-2022 by Ord. No. 479; 1-3-2023 by Ord. No. 484] |
Attachment D | Township Manager's Regulations - Marshall Township Impact Fee Ordinance [Amended 9-10-2012 by Ord. No. 414] |