This chapter shall be known as the "Penn Township
Transportation Improvements Program Amendment."
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. 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). 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:
A. The preamble to this chapter is incorporated herein
by reference as if more fully set forth herein;
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).
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;
E. The development potential of properties in the designated
transportation service area is reflected in the recently adopted Comprehensive
Plan for Penn Township and is implemented via the Township's Zoning
Ordinance (No. 659) and Map;
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), considering the projected growth and development in
the transportation service district;
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:
BUILDOUT
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.
CHANGE OF USE
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.
COMPREHENSIVE PLAN
The Comprehensive Development Plan for Penn Township, Westmoreland
County, Pennsylvania (February 2005).
DEVELOPER
Any person, partnership or corporation, landowner, subdivider
or applicant responsible for any undertaking which requires a building,
zoning or conditional use permit.
DEVELOPMENT
That which is to be done pursuant to a building, zoning or
conditional use permit.
FUND
The Transportation Improvement Fund established by the Board
of Commissioners of Penn Township.
IMPACT FEE
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.
IMPROVEMENTS, OFF-SITE
Transportation improvements listed in Exhibit E and revised
in Exhibit I (September 2008), the Transportation Capital Improvements
Plan for Penn Township.
IMPROVEMENTS, ON-SITE
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.
TRAFFIC GENERATOR
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.
TRANSPORTATION IMPROVEMENTS
Those projects listed in Exhibit E, revised in Exhibit I, now or as amended by action of the Board of Commissioners.
TRANSPORTATION SERVICE DISTRICT
Those geographically defined areas of Penn Township which,
pursuant to the Comprehensive Plan and current Zoning Ordinance 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.)
TRIP GENERATION RATES
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.
UNIT COST PER TRIP
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).
ZONING (BUILDING) PERMIT
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.
Revisions to Ordinance No. 613, Subdivision
and Land Development and Ordinance No. 659, Zoning, 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 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).
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. 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.
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.
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.
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.
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.
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, 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.