[HISTORY: Adopted by the Board of Commissioners
of the Township of Penn 4-15-2009 by Ord. No. 853.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 150.
Subdivision and land development — See Ch. 156.
Vehicles and traffic — See Ch. 180.
Zoning — See Ch. 190.
[1]
Editor’s Note: This ordinance superseded
former Ch. 90, Impact Fees, adopted 6-18-1997 by Ord. No. 683, as
amended.
This chapter shall be known as the "Penn Township
Transportation Improvements Program Amendment."
[1]
Editor's Note: Ordinance No. 905, adopted 11-16-2015, suspended
the applicability of this chapter, retroactive to 4-1-2015. During
the period of suspension, no impact fees shall be assessed or charged
against any development within the Penn Township Transportation Improvement
District. The Township will evaluate the necessity of continuing the
future applicability of this chapter.
The purpose of this chapter is to establish
a Penn Township Transportation Improvement 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 Penn Township Transportation Improvement
Program shall be based upon the imposition of an impact fee payable
to Penn Township at the time of building permit issuance, which is
necessary to provide minimum levels of service outlined in Exhibit
B and identified as transportation capital improvements in Exhibit
E, revised in Exhibit I.[1] Additionally, the program identifies existing deficiencies,
deficiencies due to pass-through trips and future trip generation
attributable to new development (Exhibit E, revised in Exhibit I[2]). The program will provide a continuing generation of
funds necessary for Penn Township to initiate and complete capacity
transportation improvements as needed in support of new growth and
development. Such a program will involve participation by developers
for capacity improvements and by the local, state and federal governments.
Through the Transportation Improvement Program, Penn 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 Commissioners hereby finds and
declares that:
B.
Penn Township is responsible for and committed to
the provision of a transportation system at a service level necessary
to support residential and nonresidential use, growth and development;
C.
Such transportation service level shall be provided
by Penn Township utilizing funds allocated via the capital budget
and capital improvements programming processes and relying upon the
funding sources indicated therein (Exhibit E, revised in Exhibit I[2]).
[2]
Editor's Note: Said exhibits are on file in
the Township offices.
D.
The aggregation of development in the designated transportation
service district intensifies the demand for transportation improvements
designed to accommodate traffic volumes at a "D" level of service
in the former Northwest Transportation Service District, a "C" level
of service in the former Southeast Transportation Service District,
and a "D" level of service in the revised Penn Township Transportation
Service District, 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;
F.
To the extent that such development in the designated
transportation service district places demands upon the transportation
system, those demands should be satisfied by the establishment of
a transportation improvement program which distributes the responsibility
for financing the provision of such transportation facilities between
the public at large (Township, state and federal governments) and
the development community;
G.
The amount of the impact fee to be imposed shall be
determined by the cost of the transportation improvements needed to
meet the minimum level of service and which public facilities are
identified in a capital improvements plan (Exhibit E, revised in Exhibit
I[4]), considering the projected growth and development in
the transportation service district;
[4]
Editor's Note: Said exhibits are on file in
the Township offices.
H.
Penn Township hereby finds and declares that an impact
fee imposed upon residential and nonresidential development in order
to assist in the financing of specified transportation service improvements,
the demand for which has been quantified through the application of
land use assumptions provided by the Impact Fee Advisory Committee
appointed by the Board of Commissioners, is in the best interest of
the Township and its residents.
As used in this chapter, the following words
and terms shall have the following meanings, unless another meaning
is plainly intended:
That period in the development of Penn Township, estimated
to occur sometime after the year 2025, during which growth ceases
due to the unavailability of developable land.
Any use which increases p.m. peak-hour trips generated by
an approved development. A change of use request will require a reassessment
of fees.
The Comprehensive Development Plan for Penn Township, Westmoreland
County, Pennsylvania (February 2005).
Any person, partnership or corporation, landowner, subdivider
or applicant responsible for any undertaking which requires a building,
zoning or conditional use permit.
That which is to be done pursuant to a building, zoning or
conditional use permit.
The Transportation Improvement Fund established by the Board
of Commissioners of Penn Township.
A fee, to be paid at the time of zoning (building) permit
application and prior to zoning (building) permit issuance, and calculated
based upon the costs of transportation capacity improvements in proportion
to development creating the need for such improvements.
Transportation improvements listed in Exhibit E and revised
in Exhibit I[1] (September 2008), the Transportation Capital Improvements
Plan for Penn Township.
All private improvements constructed on or abutting the developer's
property and required to be constructed by the developer of property
pursuant to any ordinance of Penn Township including, but not limited
to, the Subdivision of Land Development Ordinance, the Township's
Zoning Ordinance, or the Township's Building Code.[2]
Any landowner, developer, builder, tenant, occupant or other
user of real estate who increases traffic using public streets and
highways either by the construction of new buildings or structures,
by the construction of additions to existing buildings or structures,
or by changing the existing use of land or buildings. A traffic generator
may also be considered a subdivider or an applicant.
The identified transportation improvement projects; Exhibit
I.[3]
Those projects listed in Exhibit E, revised in Exhibit I,[4] now or as amended by action of the Board of Commissioners.
Those geographically defined areas of Penn Township which,
pursuant to the Comprehensive Plan and current Zoning Ordinance[5] and applicable district regulations, have an aggregation
of sites with development potential creating the need for transportation
improvements for the district to be funded by impact fees. (See Exhibit
J.[6])
Those rates of traffic for the peak hour of adjacent street
traffic between 4:00 p.m. and 6:00 p.m. as determined by The Institute
of Transportation Engineers (ITE) in "Trip Generation," 7th Edition
2003, and any amendments thereto and all future editions thereof.
The dollar figure calculated by dividing the total roadway
improvement cost estimates by the total forecasted p.m. peak-hour
trips through buildout (Exhibit H[7]).
The permit required for new construction and additions pursuant
to Article VIII, § 190-86, of Ordinance No. 659, Zoning.
The term "zoning permit," as used herein, shall not be deemed to include
permits required for remodeling, rehabilitation or other improvements
to an existing structure or rebuilding a damaged or destroyed structure,
provided there is no increase in gross floor area or number of dwelling
units resulting therefrom.
[1]
Editor's Note: Said exhibits are on file in
the Township offices.
[2]
Editor's Note: See Chs. 156, Subdivision and Land Development, 190, Zoning, and 63, Building Construction.
[3]
Editor's Note: Exhibit I is on file in the
Township offices.
[4]
Editor's Note: Said exhibits are on file in
the Township offices.
[6]
Editor's Note: Exhibit J is on file in the
Township offices.
[7]
Editor's Note: Exhibit H is on file in the
Township offices.
Revisions to Ordinance No. 613, Subdivision
and Land Development and Ordinance No. 659, Zoning,[1] previously enacted for the purpose of administering the
Penn Township Transportation Improvements Program Amendment, shall
remain in full force and effect.
This chapter shall be uniformly applicable to
all development which occurs within the designated transportation
service district.
No zoning (building) permit shall be issued
for a development in the designated transportation service district
as herein defined unless the applicant therefor has paid the impact
fee imposed by and calculated pursuant to this chapter.
The Board of Commissioners has directed the
completion of a traffic study of transportation sufficiency problems.
The traffic study projects future traffic volumes in the transportation
service district, lists the need for and recommends specific transportation
improvements, and estimates construction costs. Projects are scheduled
by the Board of Commissioners in accordance with the Wooster and Associates
engineering studies, and the recommendation of the Transportation
Impact Fee Advisory Committee.
A.
The unit cost per trip shall be established by resolution of the Board of Commissioners and may be amended from time to time as set forth in § 90-13 or at such other time as deemed necessary by the Board of Commissioners.
B.
The impact fee imposed by this chapter upon all new traffic generators shall be determined by applying the unit cost per trip in the transportation service district to the p.m. peak-hour trips generated by a project, as identified in the ITE Trip Generation Manual, 7th Edition 2003, any amendments and all future editions thereof, or by a special transportation study pursuant to § 90-11. 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 cost per trip rate for the transportation service district.
C.
If the development for which a zoning (building) permit
is sought contains a mix of uses, the uses must be separately calculated
to determine the impact fee due for each type of development.
D.
A maximum ten-percent contingency is hereby authorized
as an additional cost to be added to construction cost estimates for
transportation improvements where deemed necessary and appropriate
by the Township Consulting Engineer in order to cover costs anticipated.
A consolidated and revised Penn Township Transportation
Service District is established as shown on the "Transportation Service
District Map" (See Exhibit J attached hereto and incorporated herein
by reference[1]).
A.
Additional transportation service districts or combinations
of transportation service districts may be designated by the Board
of Commissioners consistent with the procedures set forth in this
chapter and Act 209 of December 1990.[2] The Township Board of Commissioners must consider the
following factors in determining when and whether to add or amend
transportation service districts based on recommendations from the
Transportation Impact Fee Advisory Committee:
(1)
The most recently adopted Comprehensive Plan;
(2)
Any standards for adequate public facilities incorporated
in the general Capital Improvements Plan;
(3)
The projected buildout and timing of development;
(4)
The need for and cost of unprogrammed transportation
improvements necessary to support projected development; and
(5)
Such other factors as the Board of Commissioners may
deem relevant.
[2]
Editor's Note: See 53 P.S. § 10502-A
et seq.
B.
The identification of a transportation service district
and the programming of improvement projects in the district ensures
that projected development in the transportation service district
will be adequately served by necessary transportation improvements
which shall meet such minimum level of service so that inadequate
transportation capacity will not limit development in such transportation
service district. Fees collected from development in the transportation
service district will be used exclusively to fund transportation improvement
projects scheduled in the district.
[1]
Editor's Note: Exhibit J is on file in the
Township offices.
In the event that the trip generation characteristics
of a traffic generator are not sufficiently documented in the ITE
Trip Generation Manual, 7th Edition, and any amendments thereto and
all future editions thereof, the applicable impact fee shall be determined
by the Township staff following review of a special transportation
study submitted by the developer. Such study shall document projected
p.m. peak volumes at the subject site based on completion and occupancy
of the proposed development. The traffic generator may apply for an
adjustment based on actual p.m. peak-hour trip counts within one year
after the site is fully operational, and shall be responsible for
all trips originally estimated to be generated in the special transportation
study.
Prior to making an application for a zoning
(building) permit, an applicant may request a nonbinding impact fee
estimate from the Township which shall be based upon the maximum development
potential of the site pursuant to existing zoning regulations unless
the applicant specifies a lesser use or development. Said impact fee
estimate shall be provided within a reasonable period of time as appropriate
staff or consultants are available and shall be on a form provided
by the Township.
A.
Collection of impact fees. 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 zoning (building)
permit.
B.
Establishment of fund. Upon receipt of impact fees,
the Township Manager/Secretary shall be responsible for the separate
and proper accounting of such fees. All such fees shall be deposited
in interest-bearing accounts in a bank authorized to receive deposits
of Township funds. Interest earned by the account shall be credited
to that account and shall be used solely for the purpose specified
for funds of such account.
C.
Establishment and maintenance of accounts. The Township
Manager/Secretary shall maintain and keep adequate financial records
for each such account which shall show the source and disbursement
of all revenues, which shall account for all monies received, and
which shall ensure that the disbursement of funds from each account
shall be used solely and exclusively for the provision of projects
specified in the Transportation Capital Improvements Plan for the
particular transportation service district. Funds may be consolidated
where transportation service districts are revised and shall be disbursed
exclusively for the provision of transportation improvements scheduled
within the transportation service district.
D.
Advisory Committee role. The Transportation Impact
Fee Advisory Committee shall monitor and evaluate the implementation
of the Transportation Capital Improvements Program as adopted by the
Board of Commissioners and report as requested on the assessment of
impact fees. In addition, the Advisory Committee shall make recommendations
to Penn Township on the need to update or revise the adopted land
use assumptions, transportation capital improvements or impact fees
at the request of the Board of Commissioners based on the following:
(1)
New subsequent development which has occurred;
(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 improvements proposed; and
(6)
Significant changes in the projected revenue from
sources listed.
Penn Township may issue bonds, revenue certificates
and other obligations of indebtedness in such manner and subject to
such limitations as may be provided by law, in furtherance of the
provisions of transportation improvement projects. Funds pledged toward
retirement of bonds, revenue certificates or other obligations of
indebtedness for such projects may include impact fees and other Penn
Township revenues as may be allocated by the Board. Impact fees paid
pursuant to this chapter, however, shall be restricted to use solely
and exclusively for financing directly, or as a pledge against bonds,
revenue certificates and other obligations of indebtedness for the
cost of transportation improvements as specified herein.
Payment of the transportation improvement impact
fee shall be made by the traffic generator prior to the issuance of
a zoning (building) permit by the Township to the traffic generator
for development on the applicable site. In the alternative, at the
sole discretion of the Board of Commissioners, the traffic generator
may enter into a traffic improvement fund agreement providing for
an extended payment schedule of said impact fees over a period not
to exceed three (3) years. Such agreement shall be in a form approved
by the Township Solicitor.
A.
Any traffic generator who shall be performing, at
his or her own expense, off-site improvements, as herein defined,
shall be eligible for a credit from the impact fee otherwise due in
the amount of the actual cost of such off-site improvements as approved
by the Township Consulting Engineer. Such credit shall not exceed
the amount of the impact fee.
B.
If the traffic generator makes such improvements,
the traffic generator must enter into an agreement with the Township
prior to issuance of any zoning (building) permit. The agreement must
establish the estimated cost of the improvement, the schedule for
initiation and completion of the improvement, a requirement that the
improvement be completed to Penn Township and the Pennsylvania Department
of Transportation standards and design criteria and such other terms
and conditions as deemed necessary by Penn Township. Penn 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 zoning
(building) permit. In no event may the Township provide a credit which
is greater than the applicable impact fee.
A.
The payer of the impact fee may apply for a refund
of such fee:
(1)
If the Township has failed to commence a transportation
improvement within the designated transportation service district
within three years of the scheduled construction start from the date
of payment of the impact fee; or
(2)
The project for which a zoning (building) permit has
been issued has been altered resulting in a decrease in the amount
of the impact fee due; or
(3)
If upon completion of any road improvement project
the actual expenditures are less than 95% of the costs allocable to
the fee paid within the transportation service district in which the
improvement was adopted, Penn Township shall refund the pro-rata difference
between the budgeted costs and the actual expenditures, including
interest, to the payer of such fees.
B.
The request for refund must be submitted to the Township
Manager or his duly designated agent on a form provided by Penn Township
for such purpose.
C.
In the event that Penn Township terminates or completes
an adopted capital improvements plan for the transportation service
district and there remains at the time of termination or completion
of all programmed transportation improvement projects undisbursed
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 undisbursed 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 date of the notice, which notice shall
be provided to the last known address provided by the payer of the
fees, Penn 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.
This chapter shall not affect, in any manner,
the permissible use of property, density of development, previously
adopted design and improvement standards and requirements or any other
aspect of the development of land or provision of public improvements
which remain subject to applicable zoning, subdivision, and land development
regulations of Penn Township, which shall be operative and remain
in full force and effect without limitation with respect to all such
development.[1]
The impact fee is additional and supplemental
to, and not in substitution of, any other requirements imposed by
Penn Township on the development of land or the issuance of building/zoning
permits. It is intended to be consistent with and to further the objectives
and policies of the Comprehensive Plan, the Transportation Capital
Improvements Plan, and all other Penn Township growth management policies,
ordinances and resolutions by which the Township seeks to ensure the
provision of public facilities in conjunction with the development
of land. In no event shall a property owner be obligated to pay for
transportation improvements in an amount in excess of the amount calculated
pursuant to this chapter; but, provided that a property owner may
be required to pay, pursuant to Township ordinance, regulations or
policies, for other public facilities in addition to the impact fee
for transportation improvements as specified herein.
The provisions of this chapter shall be liberally
construed to effectively carry out its purposes which are hereby found
and declared to be in furtherance of the public health, safety, welfare
and convenience of all residents of Penn Township.
This chapter shall take effect immediately upon
its passage. As per Section 503-A, Subsection (c)(2) of Act 209, an
amendment to the Pennsylvania Municipalities Planning Code,[1] the provisions of this chapter shall be a continuance
of the previously adopted Penn Township Transportation Improvements
Program Amendment, and have retroactive application for a period commencing
with the date of adoption by the Board of Commissioners of Penn Township
of Resolution No. 125 (December 18, 1995), which created the Township's
Impact Fee Advisory Committee, and apply to all preliminary or tentative
applications for subdivisions, land developments, or construction
authorized by a building/zoning permit application filed with Penn
Township on or after the date of the first publication of the Township's
notice of intention to adopt an impact fee ordinance.
[1]
Editor's Note: See 53 P.S. § 10505-A(c)(2).
