[HISTORY: Adopted by the Board of Supervisors
of the Township of Pine 2-1-1993 by Ord. No. 210; amended in its entirety 4-4-2011 by Ord. No.
358. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Township of Pine Transportation
Improvements Program Amendment."
The purpose is to revise and amend the Township of Pine's
Transportation Improvement Program (as previously adopted August 7,
2000, by Ordinance No. 283) and to establish a more current Transportation
Improvements Program, including a more current Transportation Capital
Improvements Plan, so as to ensure that the Township's transportation
system is adequate to support both existing volumes of traffic and
the traffic projected to be generated by continued new growth and
land development. To advance this objective, the Township's Transportation
Improvement Program shall be amended and be based upon the imposition
of a revised transportation impact fee, payable to the Township of
Pine at the time of building permit issuance, necessary and adequate
to provide minimum levels of services (at the "C" level) as outlined
in Exhibit 2 (Township of Pine Roadway Sufficiency Analysis Update
of January, 2000) and Exhibit 3 (Township of Pine Capital Improvements
Plan Update of July, 2010) hereto.[1] The program will provide a continuing generation of funds
necessary for the Township of Pine to initiate and complete capacity
transportation improvements needed in support of continued new growth
and land development. Such a program will involve financial participation
for capacity improvements by developers and, also, by the local, state
and federal governments. Through its Transportation Improvements Program,
the Township shall address its future traffic needs in a timely manner,
and the impact of increased traffic volumes shall be minimized to
the extent possible.
[1]
Editor's Note: Exhibits 2 and 3 are on file in the Township
offices.
The Board of Supervisors hereby finds and declares that:
A.
The
Township of Pine is responsible for and committed to the provision
of a transportation system at a service level necessary to adequately
support residential and nonresidential growth and development;
B.
Such
transportation service level shall be provided by the Township of
Pine utilizing funds allocated via the capital budget and capital
improvements programming processes and relying upon the funding sources
indicated in Exhibit 3 hereto.[1]
[1]
Editor's Note: Exhibit 3 is on file in the Township offices.
C.
The
aggregation of development in the designated transportation service
area intensifies the demand for transportation improvements designed
to accommodate traffic volumes at a level of service "C," as defined
by the Transportation Research Board of the National Academy of Science,
with such level of service "C" being the minimum acceptable level
of service to accommodate such development and the intensity thereof;
D.
The
development potential of the various properties in the designated
transportation service area are reflected in the Comprehensive Plan
of the Township of Pine and Exhibit 1 hereto[2] and are implemented via the Township's Zoning Ordinance
and Zoning Map;
[2]
Editor's Note: Exhibit 1 is on file in the Township offices.
E.
To
the extent that such land development in the designated transportation
service area places demands upon the transportation system, those
demands should be satisfied by the establishment of a transportation
improvement program which divides and distributes the responsibility
for financing the provision of such transportation facilities between
the public at-large (through the Township, state and federal governments)
and the developers of land whose land development projects contribute
to such demands;
F.
The
amount of the transportation impact fee to be herein imposed shall
be determined by the cost of the transportation improvements needed
to meet the minimum level of specified services and which public facilities
shall be identified in the transportation capital improvements plan,
as shown on Exhibit 3 hereto,[3] considering the projected growth and development in the
transportation service area;
[3]
Editor's Note: Exhibit 3 is on file in the Township offices.
G.
The
Township of Pine hereby finds and declares that a transportation impact
fee imposed upon new residential and nonresidential land development
to assist in the financing of specified major transportation service
improvements, the demand for which has been quantified through the
application of land use assumptions provided by the Advisory Committee
and subsequently approved and adopted by the Board of Supervisors,
is and continues to be in the best interest of the Township and its
residents. It is further found and declared that such transportation
impact fee should now and hereafter be in accord with the provisions
and specifications of Exhibits 1, 2, and 3 hereof.[4]
[4]
Editor's Note: Exhibits 1, 2 and 3 are on file in the
Township offices.
As used herein, the following words and terms shall have the
following meanings, unless another meaning is plainly intended:
The Township permit required for the erection, construction, reconstruction, or alteration of a structure pursuant to the applicable sections of Chapters 44, 46, 48, 78, 84, and/or A144 of the Code of the Township of Pine or any subsequent amendments thereto. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other alteration or improvements to an existing structure, or to the reconstruction or rebuilding of a damaged or destroyed structure, provided that there is no increase in the structure's gross floor area or number of dwelling units resulting therefrom.
That period in the development of the Township of Pine, estimated
to occur sometime after the year 2025, during which growth ceases
due to the unavailability of further developable land.
Any use by a new development which increases the p.m. peak
hour trips from that generated by a previous development and requires
an assessment of the applicable transportation impact fees in accordance
with such changed use.
The Comprehensive Plan for the Township of Pine, Allegheny
County, Pennsylvania, dated April, 2003, and as adopted April 1, 2003,
pursuant to the provisions of the Pennsylvania Municipalities Planning
Code.
Any present or prospective landowner, agent of such landowner,
or tenant with the permission of such landowner (and including but
not limited to persons, partnerships, limited liability companies,
and corporations), who makes or causes to be made any undertaking
which requires any of the following in the Township of Pine: land
development application and approval; subdivision application and
approval; plat approval; or building, zoning or use permit of any
kind.
Any commercial, industrial, residential, or other project
involving new construction, enlargement, reconstruction, development,
redevelopment, relocation, structural alteration, or use, which is
expected to generate additional vehicular traffic and which is required
to be done or undertaken pursuant to application to and approval by
the Township of Pine of any kind (including but not limited to land
development, plat, subdivision, and planned residential development
proceedings) and/or requires building, zoning, occupancy or use permits
of any kind to be issued by the Township of Pine.
The Transportation Improvement Fund established by the Board
of Supervisors of the Township of Pine.
A charge or fee, to be paid at the time of building permit
application and prior to its issuance, to generate revenue for funding
the costs of transportation capital improvements necessitated by and
attributable to new development, and calculated based upon the costs
of transportation capacity improvements in proportion to development
creating the need for such improvements.
Public transportation capital improvements which are not
on-site improvements, serve the needs of more than one development
and as are listed in Exhibit 3 hereof.[1]
All improvements constructed on or on land abutting the developer's
property necessary for the ingress or egress to such property and
required to be constructed by the developer pursuant to any ordinance
or regulation of the Township of Pine including, but not limited to,
its subdivision, land development, zoning, planned residential development
and building code requirements.
Any land owner, developer, builder, tenant, occupant or other
user of land (including subdividers or applicants) who increases the
vehicular traffic using public streets, roads, and highways, by the
construction of new structures, by the construction of additions to
existing structures, or by changing the existing use of land or structures
thereon.
Those off-site road improvement projects listed in Exhibit
3,[2] or as same may be hereafter amended by formal action of
the Board of Supervisors.
The identified transportation capital improvement projects
contained in Exhibit 3.[3]
That geographically defined area of the Township of Pine
which, pursuant to the Comprehensive Plan and applicable district
zoning regulations, has an aggregation of sites with development potential
creating the need for transportation improvements within such area
to be funded by impact fees. The Township of Pine's transportation
service area shall be the geographic area delineated in Appendix "E"
of Exhibit 2 hereof.[4]
Those rates of traffic for the peak hour of adjacent street
traffic between 4:00 p.m. and 6:00 p.m. as determined utilizing The
Institute of Transportation Engineers (ITE) most current "Trip Generation
Manual," presently Eighth Edition, and any amendments thereto and
any future editions thereof, the provisions of which are hereby specifically
adopted and incorporated herein by reference as part of this chapter.
The dollar amount calculated by dividing the total development
community participation cost estimates by the total forecasted new
trips through buildout, as currently calculated at $1,300 per p.m.
peak hour site development trip in Exhibit 3.[5]
[1]
Editor's Note: Exhibit 3 is on file in the Township offices.
[2]
Editor's Note: Exhibit 3 is on file in the Township offices.
[3]
Editor's Note: Exhibit 3 is on file in the Township offices.
[4]
Editor's Note: Exhibit 2 is on file in the Township offices.
[5]
Editor's Note: Exhibit 3 is on file in the Township offices.
A.
Chapter 84, Zoning, Article V, §§ 84-25 and 84-26, Planned Residential Developments, of the Code of The Township of Pine shall be amended, as necessary, so as to revise all references and incorporations contained therein to the Township of Pine Transportation Improvements Program Amendment, Transportation Capital Improvements Plan and the exhibits thereto so as to now refer to the applicable provisions hereof.
B.
Chapter 78, Subdivision of Land, Articles Ill, IV, and VI thereof, of the Code of the Township of Pine shall be amended, as necessary, so as to revise all references and incorporations contained therein to the Township of Pine Transportation Improvements Program Amendment, Transportation Capital Improvements Plan and the exhibits thereto so as to now refer to the applicable provisions hereof.
This chapter shall be uniformly applicable to all development upon land within the transportation service area for which an application for final approval is filed with the Township of Pine subsequent to the effective date hereof. Such developments shall be deemed to include, but not be limited to, those within all planned residential developments, regardless of their zoning district, regulated within Chapter 84 of the Code of the Township of Pine. The transportation impact fee, in the amount calculated in accordance with the procedures set forth herein, shall also serve as a condition precedent to final plat approval under the Township of Pine's subdivision and land development ordinances.[1]
No building permit shall be issued for a development which occurs upon land within the transportation service area, as herein defined, unless there has been paid the transportation impact fee imposed by and calculated pursuant to this chapter. Such developments shall include, but not be limited to, those within all planned residential developments, regardless of their zoning district, regulated within Chapter 84 of the Code of the Township of Pine. The transportation impact fee, in the amount calculated in accordance with the procedures set forth herein, shall also serve as a condition precedent to final plat approval under the Township of Pine's subdivision and land development ordinances.[1]
The Board of Supervisors has completed and adopted a traffic
study of transportation sufficiency problems. The traffic study projects
future traffic volumes in the transportation service area, lists the
need for and recommends specific transportation improvements, and
estimates construction costs. Projects shall be scheduled by the Board
of Supervisors in accordance with Herbert, Rowland, Grubic, Inc. and/or
other approved consultants' engineering and related studies and
the recommendation of the Advisory Committee.
A.
The
unit cost per trip shall be $1,300 per p.m. peak hour site development
trip, as is set forth in Exhibit 3 hereto,[1] or as same may be hereafter amended pursuant to the provisions
hereof and Act 209 of 1990 (Article V-A of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10501-A et seq.).
[1]
Editor's Note: Exhibit 3 is on file in the Township offices.
B.
The
transportation impact fee imposed hereby for a specific new development
shall be determined by multiplying the unit cost per trip for the
transportation service area by the p.m. peak hour trips generated
by such development, as identified and estimated in the ITE Trip Generation
Manual, Eighth Edition, any amendments and all future editions thereof,
or by a special transportation study undertaken in accordance with
the provisions hereof.
C.
If
a development upon which the transportation impact fee imposed hereby
contains a mix of uses, the transportation impact fee for same shall
be separately calculated for each type of use within the development.
D.
A
maximum ten-percent contingency is hereby authorized as an additional
cost to be added to construction cost estimates for transportation
capital improvements, as deemed necessary and appropriate, in order
to cover costs anticipated.
The Township of Pine's transportation service area is established
as shown on the "Transportation Service Area Map" set forth as Appendix
E of Exhibit 1 hereto[1] and incorporated herein by reference.
A.
Additional transportation service areas or combinations of transportation
service areas may hereafter be designated by the Board of Supervisors,
consistent with the procedures for same set forth within Act 209 of
1990.
B.
The identification of the above-referenced transportation service
area and the programming of transportation improvement projects within
it ensures that projected development within the transportation service
area will be adequately served by necessary transportation improvements
which meet the minimum level of service and that inadequate transportation
capacity will not limit development therein. Transportation impact
fees collected from development in the transportation service area
will be expended exclusively upon transportation improvement projects
within such transportation service area.
[1]
Editor's Note: Exhibit 1 is on file in the Township offices.
In the event that the Township of Pine determines that the trip
generation characteristics for a specific type of development are
not sufficiently identified in the ITE Trip Generation Manual, Eighth
Edition, and any amendments thereto and any future editions thereof,
the applicable transportation impact fee shall be determined by the
Township of Pine following review of a special transportation study
that shall be submitted by the developer at developer's expense.
Such study shall be prepared by a qualified traffic or transportation
engineer or planner using procedures and methods which are both acceptable
to the Township of Pine and based upon generally accepted transportation
planning and engineering standards. Such study shall document the
projected p.m. peak hour traffic volumes at the development's
site following completion and occupancy of the proposed development.
Prior to making an application for any development which will
be subject to the payment of transportation impact fees, a nonbinding
transportation impact fee estimate may be requested from the Township.
Such estimate shall be based upon the maximum development potential
of the development site pursuant to existing zoning regulations, unless
a lesser use of development is requested. Said transportation impact
fee estimate shall be provided within a reasonable period of time,
subject to the availability of appropriate Township staff or consultants,
and shall be on a form provided by the Township.
A.
Collection of impact fees. Transportation impact fees due pursuant
to this chapter shall be collected by the Township, in the manner
or manners prescribed herein, prior to issuance of a building, zoning
or use permit.
B.
Establishment of fund. Upon receipt of transportation impact fees,
the Township Manager/Secretary shall be responsible for the separate
maintenance and the proper accounting for such fees and their utilization.
All such fees shall be deposited in interest-bearing accounts, designated
solely for such transportation impact fees, and maintained in financial
institutions authorized to receive deposits of Township funds. Interest
earned on such fees shall be credited to their respective accounts.
The Township Manager/Secretary shall obtain and provide an annual
accounting for such fund accounts in accordance with the provisions
of Act 209 of 1990, 53 P.S.§ 10505-A(d).
C.
Establishment and maintenance of accounts and expenditures therefrom.
The Township Manager/Secretary shall cause to be maintained adequate
financial records for each such account which shall show the total
funds collected, their sources, the interest accrued, and the amount
of funds expended on specific transportation improvements. The expenditure
of funds from each account shall be used solely and exclusively for
that portion of the transportation capital improvements to be funded
by impact fees, as specified in the Transportation Capital Improvements
Plan, for the particular transportation service area.
D.
Advisory Committee role. The Township of Pine's Transportation
Impact Fee Advisory Committee[1] shall monitor and evaluate the implementation of the Transportation
Capital Improvements Plan and report on the assessment of impact fees.
In addition, the Advisory Committee, at the request of the Township's
Board of Supervisors, may make recommendations to the Township of
Pine on the need to update or revise the adopted land use assumptions,
transportation capital improvements or impact fees based on the following:
(1)
New subsequent development which has occurred in the Township of
Pine;
(2)
Completed transportation capital improvements;
(3)
Unavoidable delays in construction of transportation improvements
beyond the Township's control or responsibility;
(4)
Significant changes in the land use assumptions;
(5)
Significant changes in the estimated costs of the transportation
capital improvements proposed; and
(6)
Significant changes in the projected revenue from all sources listed
needed for the construction of the transportation capital improvements.
The Township of Pine may issue bonds, notes, revenue certificates
and other obligations of indebtedness, in such manner and subject
to such limitations as may be otherwise provided by law, in furtherance
of the construction of transportation capital improvement projects.
Funds pledged toward retirement of bonds, notes, revenue certificates
or other obligations of indebtedness for such transportation capital
improvement projects may include both transportation impact fees collected
pursuant to this chapter and other Township revenues as may be allocated
by its governing body. Impact fees paid pursuant to this chapter shall
not be utilized for purposes other than the construction and financing
(either directly, or as a pledge against bonds, notes, revenue certificates
and other obligations of indebtedness) of the cost of transportation
capital improvements as specified herein or for related costs as permitted
by Act 209 of 1990, Article V-A of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10501-A et seq.
Payment of transportation impact fees shall be made prior to
the issuance of a building or other necessary permit by the Township
of Pine for development on the applicable site. In the alternative,
at the sole discretion of the Township's Board of Supervisors,
such transportation impact fees may be paid pursuant to a written
agreement providing for an extended, regular payment schedule of said
transportation impact fees over a period of time to be set by the
Board of Supervisors.
A.
Any developer, traffic generator, or applicant who shall be subject
to the payment of transportation impact fees pursuant to this chapter
and who shall dedicate land to the Township for future right-of-way,
realignment, or widening of any existing roadways necessary for the
construction of projects contained in the Township's Transportation
Capital Improvements Plan or who shall perform, at its own expense,
the construction of improvements contained therein shall be eligible
for a credit against the transportation impact fee otherwise due.
Such credit shall be either the amount of the fair market value of
the land so dedicated (determined as of the date of land development
application) or the amount allocated in the transportation capital
improvements program, including contingency factors, for such construction,
as the case may be.
B.
In the event credit is to be provided hereunder to any developer,
traffic generator or applicant for the construction of road improvements,
a written agreement with the Township regarding same shall be executed
prior to issuance of any building permit. The agreement shall establish
the estimated cost of the improvement, the schedule for initiation
and completion of the improvement, a requirement that the improvement
be completed to Township of Pine and Pennsylvania Department of Transportation
standards and design criteria, and such other terms and conditions
as deemed necessary by the Township of Pine, including the posting
of financial security in an amount sufficient to cover the cost of
construction. The Township of Pine shall determine the applicable
credit, but in no event shall the Township be required to pay the
excess amount by which any credit may exceed the applicable transportation
impact fee. If the amount of the credit is calculated to exceed the
amount of the transportation impact fee due, such excess credit shall
be thereafter applied against transportation impact fees for other
developments which would otherwise be payable by the party entitled
to such credit.
Transportation impact fees (together with accrued interest thereon)
collected by the Township of Pine pursuant to this chapter shall be
refunded to the payor of such fees in the proportion specified in
Act 209 of 1990, 53 P.S. § 10505-A(g), and in accordance
with its provisions, only in the following instances:
A.
If the Township has failed to commence any transportation improvements
within the designated transportation service area within three years
of the scheduled construction date set forth in the transportation
capital improvements plan; or
B.
If the new development for which transportation impact fees have
been paid has not been commenced prior to the expiration of the building
permit issued therefor (pursuant to the time limits otherwise established
for such building permits by the Township of Pine), 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; or
C.
If upon completion of any road improvements project, the actual expenditures
of same are less than 95% of the costs properly allocable to the fee
paid within the transportation service area in which the improvement
was adopted; or
D.
In the event that the Township of Pine terminates or completes an
adopted capital improvements plan for a transportation service area
and there remains at the time of termination or completion, undisbursed
funds in the accounts established for that purpose.
This chapter shall not alter the otherwise permissible uses
of land and structures, density of development, design and improvement
standards and requirements, or any other Township regulation regarding
the development of land or the provision of public improvements, as
contained in all otherwise applicable zoning, subdivision, and planned
residential development regulations of the Township of Pine, which
regulations shall be and remain operative and in full force and effect,
without limitation, with respect to all such development.
The transportation impact fee specified herein is additional
and supplemental to, and not in substitution of, any other requirements
imposed by the Township of Pine on the development of land or the
issuance of building or other permits. It is intended to be consistent
with and to further the objectives and policies of the Township's
Comprehensive Plan, the Transportation Capital Improvements Plan,
and all other Township of Pine growth management policies, ordinances
and regulations, by which the Township seeks to ensure the provision
of public facilities in conjunction with the development of land.
In addition to the transportation impact fee specified herein, a developer
or property owner may be required to pay for or to construct, pursuant
to other ordinances or regulations of the Township or policies, other
public facilities, including transportation facilities, as required
by such other ordinances and regulations.
The provisions of this chapter shall be applicable to all developments
for which application for final approval is made to the Township of
Pine subsequent to its effective date.
The provisions of Township Ordinance No. 283, previously codified as Chapter 80 of the Code of the Township of Pine, are repealed to the extent specified in this Section. Such prior provisions are repealed, to the extent they are inconsistent with this chapter for all developments for which application for final approval is made to the Township of Pine subsequent to the effective date of this chapter; but this chapter shall not repeal or modify such prior provisions for those developments for which application for final approval was made to the Township of Pine prior to its effective date. The provisions of Township Ordinance No. 283, previously codified as Chapter 80 of the Code of the Township of Pine, shall remain in force and applicable to developments for which application for final approval was made to the Township of Pine prior to the effective date of this chapter. The payor of a previous transportation impact fee pursuant to such Township Ordinance No. 283, or prior Township Ordinance No. 210, shall not be entitled to a refund of such fee because of the passage of this chapter.
