[HISTORY: Adopted by the Board of Supervisors
of the Township of Greene 3-28-2007 by Ord. No. 2007-3. Amendments noted where
applicable.]
This chapter shall be known and may be referenced
as the "Greene Township Transportation Impact Fee Ordinance."
A.
The terms and definitions set forth in § 502-A
of the Pennsylvania Municipalities Planning Code,[1] added December 19, 1990 by P.L. 1343, No. 209, as amended
and revised from time-to-time, are hereby adopted and incorporated
in this chapter by this reference as fully as though they were set
forth herein.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
There is hereby enacted a transportation impact
fee to be imposed upon new development for the purpose of off-site
public transportation capital improvements authorized by Article V-A
of the Pennsylvania Municipalities Planning Code, Act of December
19, 1990, P.L. 1343, No. 209 and as described in the Transportation
Impact Fee Program adopted by the Greene Township Board of Supervisors.
Said impact fee shall apply to all new developments or subdivisions
within each of the several transportation service areas identified
herein and shall be a condition precedent to the final approval of
a development or a subdivision plan or issuance of a building permit.
The impact fees collected pursuant to this chapter
shall be expended for costs incurred for improvements attributable
to new development and designated in the Greene Township Transportation
Capital Improvement Plan adopted by the Board of Supervisors for improvements
within each of the transportation service areas in which the new development
shall be located. Initially, such fees may be used for the acquisition
of land and right-of-way, engineering, legal and planning costs, and
all other costs, including debt service related to road improvements
within the designated service areas and such proportionate amount
of the roadway sufficiency analysis as is allowed under the provisions
of the Pennsylvania Municipalities Planning Code.
In establishing the basis for this Transportation
Impact Fee Ordinance, the following documents have previously been
adopted by the Greene Township Board of Supervisors and by this reference
are hereby incorporated into this chapter:
A.
Provisions of Resolution No. 2005-9 establishing an
Impact Fee Advisory Committee and authorizing the preparation of public
advertisement of the Township's notice of intention to adopt the Impact
Fee Ordinance,
B.
Resolution No. 2006-9 adopted by the Greene Township
Board of Supervisors on August 22, 2006, approving the Land Use Assumptions
Report prepared by the Transportation Impact Fee Advisory Committee,
C.
Resolution No. 2006-43 adopted by the Greene Township
Board of Supervisors on December 27, 2006, approving the Roadway Sufficiency
Analysis prepared by the Greene Township Transportation Impact Fee
Advisory Committee,
D.
Resolution No. 2007-2 approved by the Greene Township
Board of Supervisors on March 27, 2007, approving the Transportation
Capital Improvements Plan establishing the seven transportation service
areas and establishing the transportation impact fee for each of the
several transportation service areas, as revised and modified at the
direction of the Greene Township Board of Supervisors at its meeting
on March 13, 2007.
A.
Where intended to assist in determining the appropriate
amount of traffic impact fees, the Township may require the preparation
of special transportation studies to determine the traffic generation
or circulation patterns in a new development; provided, however, that
no studies may be required where the proposed development will not
require a deviation from the land use assumptions used to create the
program.
B.
Any such studies required by the Township shall be
submitted prior to the imposition of the impact fees and shall be
considered in the determination of the fee.
This chapter shall uniformly be applicable to
all development that occurs within a designated transportation service
area.
Payment of the transportation impact fee shall
be made as a condition precedent to the issuance of a land use and/or
a building permit and no land use and/or building permit shall be
issued in any development in a designated transportation service area,
as herein elsewhere defined, unless the applicant therefore has paid
the applicable transportation impact fee imposed by and calculated
pursuant to this chapter.
(While no development is determined to be exempt
from the application of the provisions of this chapter at the time
of its initial enactment, this section is reserved for the detailing
of any exemption that on any future date may be determined appropriate
by the Greene Township Board of Supervisors.)
A.
The transportation impact fee for transportation capital
improvements within each service area shall be based upon the total
costs of the anticipated road improvements included in the transportation
capital improvements plan attributable to and necessitated by new
development within the transportation service area, as defined, divided
by the number of anticipated p.m. peak-hour trips generated by all
new development consistent with the adopted land use assumptions and
calculated in accordance with the Trip Generation Manual published
by the Institute of Transportation Engineers, sixth or subsequent
editions, which, by this reference, is hereby adopted by Greene Township,
to equal a per-trip cost for transportation improvements within the
subject service area.
B.
The specific impact fee for a new development or subdivision within the transportation service area for road improvements shall be determined as of the date of preliminary land development or subdivision approval by multiplying the per-trip cost established for the subject service area as determined in § 86-11 of this chapter by the estimated number of trips to be generated by the new development or subdivision using generally accepted traffic engineering standards.
C.
The Greene Township Board of Supervisors may require or authorize the preparation of a special transportation study in order to determine specific traffic generation or circulation for a new development to assist in the determination of the amount of the transportation fee for such development or subdivision in accord with the provisions of § 86-6 of this chapter.
D.
The Greene Township Board of Supervisors may require
new developments that generate 1,000 or more new peak-hour trips to
perform a traffic analysis of the impact outside of the transportation
service area in which the development is located, and to mitigate
the impacts to maintain the predevelopment conditions after completion
of the development.
[Amended 7-12-2016 by Ord. No. 2016-4; 2-26-2019 by Ord. No. 2019-1]
A.
Transportation service areas as established herein are shown on the
Transportation Service Area Map to be maintained by Greene Township
and, together with the applicable transportation impact fees, are
described as follows:
(1)
Transportation Service Area No. 1.
(a)
TSA 1 has a total area of 6.49 square miles. The boundary begins
at the intersection of the Borough of Chambersburg and Hamilton Township
boundaries and continues west along the Hamilton Township boundary
and then north along the Letterkenny Township boundary to the to the
centerline of Rocky Spring Road. Thence along the centerline of Rocky
Spring Road to the centerline intersection of Letterkenny Road and
thence along the centerline of Letterkenny Road and continuing along
the centerline of Coffey Avenue to the centerline intersection of
Sunset Pike. Thence along the centerline of Sunset Pike to the centerline
intersection of Sunset Boulevard West and thence along the centerline
of Sunset Boulevard West and continuing along the centerline of Sunset
Boulevard East to the centerline intersection of Philadelphia Avenue.
Thence along the centerline of Philadelphia Avenue to the centerline
intersection of Cornertown Road. Thence east along the centerline
of Cornertown Road to the centerline intersection of Scotland Road.
Thence north along the centerline of Scotland Road to the intersection
with Grand Point Road and thence south along the centerline of Grand
Point Road to the centerline intersection of Kohler Road. Thence along
east along the centerline of Kohler Road to the centerline intersection
of Walker Road. Thence south along the centerline of Walker Road to
the Chambersburg boundary. It is then bounded by the Chambersburg
boundary to the south to the intersection of the Hamilton Township
boundary.
(b)
Transportation impact fee: $2,200 per p.m. peak-hour trip.
(2)
Transportation Service Area No. 2.
(a)
TSA 2 has a total area of 6.98 square miles. It is bounded by
the Letterkenny Township boundary on the west side beginning at the
centerline intersection with Rocky Springs Road and continues north
to the corner of the intersection of the Letterkenny and Southampton
boundaries. It follows east along the Southampton Township boundary
to the centerline of Molly Pitcher Highway thence south along the
centerline of Molly Pitcher Highway and continuing south along the
centerline of Philadelphia Avenue to the south end of Greenvillage
Road. Thence north along the centerline of Greenvillage Road to the
intersection of the Cumberland Highway. Thence north along the centerline
of the Cumberland Highway to the intersection of Coffey Avenue and
thence along the centerline of Coffey Avenue to Letterkenny Road and
continuing along the centerline of Letterkenny Road to Rocky Spring
Road. Thence along the centerline of Rocky Spring Road to the boundary
with Letterkenny Township.
(b)
Transportation impact fee: $593 per p.m. peak-hour trip.
(3)
Transportation Service Area No. 3.
(a)
TSA 3 has a total of 6.79 square miles. It is bounded by the
Southampton Township boundary on the north side between the centerlines
of Molly Pitcher Highway and Rice Road. The boundary continues south
along the centerline of Rice Road to the centerline intersection of
Pine Stump Road thence east along the centerline of Pine Stump Road
to the intersection with the centerline of Interstate 81. Thence south
along the centerline of Interstate 81 to the centerline intersection
of Black Gap Road. Thence north along the centerline of Black Gap
Road to the intersection of the centerline of Scotland Main Street.
Thence west along the centerline of Scotland Main Street to the centerline
intersection of Scotland Road. Thence south along the centerline of
Scotland Road to the centerline intersection of Cornertown Road. Thence
west along the centerline of Cornertown Road to the centerline intersection
of Philadelphia Avenue. Thence north along the centerline of Philadelphia
Avenue to the centerline intersection of Sunset Boulevard East. Thence
along the centerline of Sunset Boulevard East and then continuing
along the centerline of Sunset Boulevard West to the centerline intersection
of Sunset Pike. Thence north along the centerline of Sunset Pike to
the centerline intersection of the Cumberland Highway. Thence south
along the centerline of Cumberland Highway to the centerline intersection
of Greenvillage Road. Thence south along the centerline of Greenvillage
Road to the centerline of Philadelphia Avenue. Thence north along
the centerline of Philadelphia Avenue and continuing along the centerline
of Philadelphia Avenue. Thence north along the centerline of Philadelphia
Avenue and continuing along the centerline of Molly Pitcher Highway
to the Southampton boundary.
(b)
Transportation impact fee: $1,404 per p.m. peak-hour trip.
(4)
Transportation Service Area No. 4.
(a)
TSA 4 has a total of 6.70 square miles. It is bounded by Southampton
Township to the North between the centerlines of Rice Road and White
Church Road. The boundary continues south along the centerline of
White Church Road to the centerline of Black Gap Road. Thence north
along the centerline of Black Gap Road to the centerline intersection
of Smoketown Road. Thence along the centerline of Smoketown Road to
the centerline intersection of Rock Road. Thence east along the centerline
of Rock Road to the centerline intersection of Woodstock Road. Thence
north along the centerline of Woodstock Road to the centerline intersection
of Interstate 81. Thence south along the centerline of Interstate
81 to the centerline intersection with Walker Road. Thence east along
the centerline of Walker Road to the centerline intersection of Kohler
Road. Thence along the centerline of Kohler Road to the centerline
intersection of Grand Point Road. Thence north along the centerline
of Grand Point Road to centerline intersection of Scotland Road and
then continuing north along the centerline of Scotland Road to the
centerline intersection of Scotland Main Street. Thence east along
the centerline of Scotland Main Street to the centerline intersection
of Black Gap Road. Thence south along the centerline of Black Gap
Road to the centerline intersection of Interstate 81. Thence north
along the centerline of Interstate 81 to centerline intersection of
Pine Stump Road. Thence west along the centerline of Pine Stump Road
to the centerline intersection of Rice Road. Thence north along the
centerline of Rice Road to the Southampton Township boundary.
(b)
Transportation impact fee: $2,195 per p.m. peak-hour trip.
(5)
Transportation Service Area No. 5.
(a)
TSA 5 has a total of 6.30 square miles. It is bounded along
the south by the Guilford Township boundary between the centerlines
of Woodstock Road and Walker Road. The boundary continues north along
the centerline of Walker Road to the centerline intersection with
Interstate 81. Thence north along the centerline of Interstate 81
to the centerline intersection of Olde Walker Road and thence easterly
to the centerline intersection of Nolt Drive and Walker Road. Thence
east along the centerline of Walker Road to the centerline intersection
of Ragged Edge Road. Thence north along the centerline of Ragged Edge
Road and then continuing along the centerline of Brindle Road to the
centerline intersection of Edgewood Road and Woodstock Road and Hafer
Road. Thence along the centerline of Hafer Road to the centerline
intersection with Mt. Pleasant Road. Thence north along the centerline
of Mt. Pleasant Road to the centerline intersection with Black Gap
Road. Thence south along the centerline of Black Gap Road to centerline
intersection with Lincoln Way East. Thence west along the centerline
of Lincoln Way East to the centerline intersection of Mt Pleasant
Road. Thence north along the centerline of Mt. Pleasant Road to the
centerline intersection with Cook Road. Thence west along the centerline
of Cook Road to centerline intersection of Woodstock Road. Thence
along the centerline of Woodstock Road to the Guilford Township Boundary.
(b)
Transportation impact fee: $1,529 per p.m. peak-hour trip.
(6)
Transportation Service Area No. 6.
(a)
TSA 6 has a total of seven square miles <7.09>. It is bounded
by Southampton Township to the north between White Church Road and
the Michaux Forest Boundary and beginning at the centerline of White
Church Road the boundary continues east along the Southampton boundary
to the Michaux State Forest boundary thence south along the Michaux
State Forest boundary to the centerline of Ridge Road. Thence along
the centerline of Ridge Road to the centerline intersection with Black
Gap Road. Thence north along the centerline of Black Gap Road to the
centerline intersection with Mt. Pleasant Road. Thence south along
the centerline of Mt. Pleasant Road to the centerline intersection
with Hafer Road. Thence along the centerline of Hafer Road to the
centerline intersection with Edgewood, Woodstock and Brindle Roads.
Thence west along the centerline of Brindle road and continuing south
along the centerline of Ragged Edge Road to the centerline intersection
with Walker Road. Thence east along the centerline of Walker Road
to the centerline with Nolt Drive. Thence west to the centerline intersection
of Olde Walker Road and Interstate 81. Thence north along the centerline
of Interstate 81 to Woodstock Road. Thence south along the centerline
of Woodstock Road to the Rock Road intersection. Thence along the
centerline of Rock Road to Smoketown Road. Thence west along the centerline
of Smoketown Road to Black Gap Road. Thence South along the centerline
of Black Gap Road to the intersection of White Church Road. Thence
north along the centerline of White Church Road to the Southampton
Township Boundary.
(b)
Transportation impact fee: $964 per p.m. peak-hour trip.
(7)
Transportation Service Area No. 7.
(a)
TSA 7 has a total of 7.54 square miles. It is bounded by the
Guilford Township boundary to the south between the Michaux State
Forest boundary and the centerline intersection with Woodstock Road.
It then follows north along the centerline of Woodstock Road to the
centerline intersection with Cook Road. Thence along the centerline
of Cook Road to centerline intersection with Mt Pleasant Road. Thence
along the centerline of Mt. Pleasant Road to the centerline intersection
with Fayetteville Main Street and thence along the centerline of Fayetteville
Main Street to the centerline intersection with Black Gap Road. Thence
along the centerline of Black Gap Road to the centerline intersection
of Ridge Road and thence along the centerline of Ridge Road to the
centerline intersection of the of the boundary with Michaux State
Forest. Thence south along the boundary of Michaux State Forest to
the boundary of Caledonia State Park and thence south along the Caledonia
State Park boundary to the intersection with northern Legal Right-of-Way
line of Lincoln Way East. It continues east along the northern Legal
Right-of-Way line of Lincoln Way East to the Adams County boundary
and thence south along the Adams County boundary to southern Legal
Right-of-Way line of Lincoln Way East thence west along the southern
Legal Right-of-Way line of Lincoln Way East to the boundary of the
Michaux Forest and thence south along the boundary of the Michaux
Forest to the intersection of the Guilford Township Boundary.
(b)
Transportation impact fee: $707 per p.m. peak-hour trip.
Prior to making application for a building permit,
any applicant may request a nonbinding impact fee estimate from the
Township, which estimate shall be based upon the maximum development
potential of the site pursuant to existing zoning regulations, unless
the applicant specifically specifies a lesser proposed development.
This notwithstanding, this estimate is designed merely to assist developers
in development planning and is not binding upon the Township. The
actual transportation impact fee will be determined as otherwise provided
in this chapter.
A.
Collection of impact fee. Impact fees due pursuant
to this chapter shall be collected by the Township in the manner prescribed
herein upon the application but prior to the issuance of a land use
or building permit.
B.
Establishment of fund. Upon receipt of impact fees,
the Township 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 each 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
shall establish separate accounts for each transportation service
area and shall maintain records merely reflecting transportation impact
fees collected for use in each transportation service area.
D.
Maintenance of records. The Township shall maintain
and keep appropriate 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 insure that the disbursement
of funds from each account shall be used solely and exclusively for
permitted transportation projects specified in the transportation
capital improvements plan established for each transportation service
area.
Payment of the transportation capital improvements
impact fee shall be made by the applicant for a land use or building
permit at the time of making such application and as a condition precedent
to the issuance of such a permit.
Any applicant who shall perform at the applicant's
own expense and with the consent and agreement of the Greene Township
Board of Supervisors "off-site improvements," as herein defined, shall
be eligible for a credit from the transportation impact fee otherwise
due in the amount of the actual cost of such off-site improvements
as approved by the Township Board of Supervisors. Such credit shall
not exceed the amount of the otherwise applicable transportation impact
fee.
A.
If the applicant wishes to make such improvements,
the applicant must enter into an agreement with the Greene Township
Board of Supervisors, prior to the issuance of any land use or building
permit. The agreement must establish the estimated cost of the improvement
for which credit is sought, the schedule for initiation and completion
of the improvement, a requirement that the improvement be completed
to Township and Pennsylvania Department of Transportation standards
and design criteria, as applicable, and such other terms and conditions
as deemed necessary by the Township Board of Supervisors. The Board
of Supervisors 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 transportation impact fee
prior to the issuance of any land use or building permit. In no event
shall the Board of Supervisors provide a credit which is greater than
the transportation impact fee otherwise required to be paid by the
applicant. If, however, the amount of the credit is calculated to
be greater than the amount of the transportation impact fee due, the
applicant may use such excess credit toward the transportation impact
fees imposed on other land use or building permits for development
on the same site and in the same ownership.
B.
An applicant shall be entitled as a credit against
transportation impact fees an amount equal to the fair market value
of land dedicated by the applicant and accepted by the Township for
future right-of-way, realignment or widening of existing roadways.
Only land dedicated for the use of roadways will be eligible for the
credit.
C.
An applicant shall be entitled as a credit against
transportation impact fees an amount equal to the value of any road
improvement construction which is contained in the transportation
capital improvements plan and which was performed at the applicant's
expense.
A.
Transportation impact fees collected pursuant to this
chapter shall be refunded together with interest earned thereon, to
the payor of the fees under the following circumstances:
(1)
In the event the Township completes or terminates
the transportation capital improvements plan and there remain undisbursed
funds, the respective payors shall be entitled to a proportionate
share of the fund balance in the same proportion as the payor's transportation
impact fee payment plus interest earned bears to the total impact
fees collected plus interest.
(2)
In the event any specific road improvement project
is completed at a cost to the Township less than ninety-five percent
(95%) of the budgeted cost of the road project, the Township shall
refund an amount equal to the excess budgeted cost over actual cost
plus accumulated interest to the payors, pro rata.
(3)
In the event the Township fails to commence construction
of any transportation capital improvement within three years of the
scheduled construction date of the particular project as set forth
in the transportation capital improvements plan, the Township shall
refund the portion of the fee paid by any payor making written request
therefor which is attributable to said project, together with accumulated
interest, provided no refund shall be paid with respect to any project
actually begun prior to the receipt of such refund request.
(4)
In the event the development for which transportation
impact fees were paid has not commenced prior to the expiration of
the land use or building permit issued therefor, the transportation
impact fees paid, together with accumulated interest, shall be refunded
to the payor. Further, if a building permit after issuance is altered
in such a way as to reduce the indicated transportation impact fee,
the difference between the amount indicated and the amount actually
paid shall be refunded. The payor, at the payor's option, may have
credited the transportation impact fees attributable to an expired
land use or building permit to cover fees incurred by a renewal of
said expired permit or permits.
B.
With respect to the refunds arising out of Subsection A(1) or (2) above stated, any funds unclaimed within one year after notice as required by law shall be transferred to the general account of the Township, and the payor's entitlement to said refund shall lapse. It is the responsibility of the payor to provide the Township with the current address of the payor's residence or place of business.
Nothing in this chapter shall affect, in any
manner, the permissible use of property, density of development, previously
adopted design and improvements standards and requirements or any
other aspect of the development of land or provision of public improvements
which remain subject to applicable zoning, land development and subdivision
and other regulations of Greene Township, which shall be operative
and remain in full force and effect without limitation and with respect
to all such development.
The transportation impact fee is an addition
to and supplemental to and not in substitution of any other requirements
imposed by Greene Township on the subdivision or development of land
or the issuance of land use or building permits. Nothing herein contained
shall be deemed to alter or affect the Township's existing ordinances
and regulations regarding on-site improvements. In no event shall
a property owner be obligated to pay for transportation capital improvements
in an amount in excess of the amount calculated pursuant to this chapter;
provided, however, that a property owner may be required to pay, pursuant
to other Township ordinances, regulations or policies, for other public
facilities in addition to the transportation impact fee for transportation
improvements as provided herein.
A.
Transportation impact fees shall be imposed on those
projects involving development and subdivision for which an application
has been filed on or after October 17, 2005, the date of the first
publication notice of Greene Township's intent to adopt this chapter;
provided, however, that the retroactive application of the act will
not exceed a period of 18 months after October 11, 2005.
B.
For retroactive applications of the provisions of
this chapter the per-trip fee shall be $1,000 or the subsequently
adopted fee established by this chapter for the applicable transportation
service area.
The provisions of this chapter shall be liberally
construed to effectively carry out the purposes that are hereby found
and declared to be in furtherance of the public health, safety, welfare
and convenience.
All ordinances, code sections or parts thereof
in conflict herewith are hereby repealed to the extent of such conflict.
Should any sentence, section, clause, part or
provision of this chapter be declared by a court of competent jurisdiction
to be invalid, the same shall not affect the validity of the ordinance
as a whole, or any part thereof, other than the part declared to be
invalid.
