[Ord. 2001-312, 3/29/2001; § 1]
This part shall be known as the "Cranberry Township Impact Fee
Program."
[Ord. 2001-312, 3/29/2001, § 2]
The purpose of this part is to establish the Cranberry Township
Impact Fee Program, including a transportation capital improvements
plan, to ensure that the transportation system is available and adequate
to support existing volumes of traffic and traffic projected to be
generated by new growth and development. To advance this objective,
the Cranberry Township Impact Fee Program shall be based upon the
imposition of an impact fee payable to the Township at the time of
building permit issuance. Additionally, the program identifies existing
deficiencies due to pass through trips and future trip generation
attributable to new development. The program will provide a continuing
generation of funds necessary for the Township to initiate and complete
capital transportation improvements as needed in support of new growth
and development. Such a program will involve participation by developers
as well as local, state and federal governments. Through the Impact
Fee Program, the Township is establishing a process whereby future
traffic needs can be addressed in a timely manner and the impact of
increased traffic volumes can be minimized to the extent possible.
[Ord. 2001-312, 3/29/2001, § 3]
The Board of Supervisors hereby finds and declares that:
A.
The Township is committed to the provision of a transportation system
at service levels necessary to support residential and nonresidential
growth and development.
B.
Transportation service levels will be provided by the Township utilizing
funds allocated via the capital budget, capital improvements programs
and impact fees.
C.
The aggregation of development in the defined Transportation Service
Areas intensifies the demand for transportation improvements designed
to accommodate traffic volumes at a "d" level of service as defined
by the Transportation Research Board of the National Academy of Science,
which is the minimum acceptable level of service to accommodate such
development and the intensity thereof.
D.
The development potential of properties in the defined transportation service areas is reflected in the most recently adopted roadway sufficiency analysis and the Township's Comprehensive Plan and is implemented via the Subdivision and Land Development Ordinance [Chapter 22] and Zoning Ordinance [Chapter 27].
[Amended by Ord. 2011-421, 11/3/2011, § 1]
E.
To the extent that new development in the transportation service
areas places demands upon the transportation system, those demands
should be satisfied by the establishment of an impact fee program
that distributes the responsibility for financing the provision of
such transportation facilities among the Township, State and Federal
governments, and developers.
F.
The amount of the impact fee to be imposed shall be calculated in
accordance with the provisions of the Municipalities Planning Code,
53 P.S. § 10501-A et seq., as amended and this part, applying
the engineering standards set forth in the most recent edition of
Trip Generation published by the Institute of Transportation Engineering,
and any amendments or future editions thereof.
[Amended by Ord. 2011-421, 11/3/2011, § 2]
G.
The Township hereby finds and declares that an impact fee imposed
upon new development, in order to assist in the financing of specified
major transportation capital improvements in the defined transportation
service areas, 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 Supervisors, is in the best interest
of the Township and its residents.
[Ord. 2001-312, 3/29/2001, § 4]
As used in this part, the following words and terms shall have
the following meaning unless another meaning is plainly intended:
A permit for the activities regulated under the Township
Building Code, including the following activities:
Construct or alter a man-made object having a stationary location
on land or water.
Construct an addition.
Demolish or move a man-made object having a stationary location
on land or water.
Make a change of occupancy.
Install or alter any equipment regulated by the Township Building
Code.
Move a lot line which divides a lot from another lot or street.
The overall policy guide for the physical man-made change
to improve or unimproved real estate of the Township of Cranberry
adopted by the Board of Supervisors as the Comprehensive Plan of the
Township of Cranberry either as a whole or in parts, consisting of
documents, maps, drawings and charts in accordance with the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq., and
as amended from time to time.
[Amended by Ord. 2011-421, 11/3/2011, § 3]
Any person who has legal title of land, agent of the legal
title or tenant with permission of the person who has legal title
of land who makes an application for development.
A fee, to be paid at building permit issuance, and calculated
in accordance with the provisions of the Municipalities Planning Code,
53 P.S. § 10101 et seq., as amended and this part.
Any commercial, industrial or residential or other project
which involves new construction, enlargement, reconstruction, redevelopment,
relocation or structural alteration and which is expected to generate
additional vehicular traffic within the transportation service area
of the Township. New development also includes any change in use that
increases peak hour trips generated by an improved development.
Those public capital improvements that are not on-site improvements
and that serve the needs of more than one development.
All improvements constructed on the applicant's property or the improvements constructed on the property abutting the applicant's property necessary for the ingress or egress to the applicant's property and required to be constructed by the applicant pursuant to any Township ordinance including, but not limited to, the Township Building Code [Chapter 5, Part 1], Subdivision and Land Development Ordinance [Chapter 22], PRD regulations and Zoning Ordinance [Chapter 27].
The Township has identified the p.m. peak hour as the relevant
peak hour period for the calculation of impact fees.
Those off-site road improvements that have a life expectancy
of three or more years, not including costs for maintenance, operation
or repair.
A plan in effect at the time an impact fee is calculated
adopted by the Board of Supervisors of the Township prior to the enactment
of any impact fee ordinance for the purpose of identifying and planning
for Transportation Capital Improvements and as may be amended from
time to time.
[Amended by Ord. 2011-421, 11/3/2011, § 3]
Geographically defined areas of the Township which, pursuant to the Zoning Ordinance [Chapter 27] and applicable district regulations, have an aggregation of sites with development potential creating the need for transportation improvements for such area to be funded by impact fees. (See Exhibit A.)
Those rates of traffic for the peak hour of adjacent street
traffic between 4:00 p.m. and 6:00 p.m. as determined in the most
recent edition of Trip Generation published by the Institute of Transportation
Engineers, and any amendments or future editions thereof.
[Amended by Ord. 2011-421, 11/3/2011, § 3]
The dollar figure calculated by dividing the total costs
of the road improvements included in the adopted transportation capital
improvement plan within a given transportation service area attributable
to and necessitated by new development within the service area divided
by the number of anticipated p.m. peak hour trips generated by all
new development consistent with the land use assumptions and calculated
in accordance with the most recent edition of Trip Generation published
by the Institute of Transportation Engineers, and any amendments and
future editions thereto.
[Amended by Ord. 2011-421, 11/3/2011, § 3]
[Ord. 2001-312, 3/29/2001, § 5]
1.
This part shall be uniformly applicable to all new development that
occurs within a defined transportation service area.
2.
This part shall not apply to de minimus new development. "De minimus"
is defined to be new development that results in a total of five or
less p.m. peak hour trips including any preexisting p.m. peak hour
trips. This subsection sets forth a threshold limit for the applicability
of this part and shall not be construed to provide a five-trip credit
to new development.
3.
This part shall not apply to public schools, or buildings associated
therewith, or to the Township of Cranberry, Township of Cranberry
Sewer and Water Authority, or any other Township agency or authority.
Schools and local government agencies serve an overriding public interest,
warranting an exemption from impact fees.
[Ord. 2001-312, 3/29/2001, § 6]
No building permit subject to this part shall be issued for
a development in a transportation service area unless the applicant
has paid the impact fee imposed by and calculated pursuant to this
part.
[Ord. 2001-312, 3/29/2001, § 5]
1.
The unit cost per trip is derived from the transportation capital
improvement plan and may be amended as transportation needs dictate
and as directed by the Board of Supervisors.
2.
The impact fee imposed by this part upon all new development shall be determined by applying the unit cost per trip to the p.m. peak hour trips generated by a project as identified in the most recent edition of Trip Generation published by the Institute of Transportation Engineers, and any amendments or future editions thereof, or by a special transportation study pursuant to § 12-110. 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 in each transportation service area.
[Amended by Ord. 2011-421, 11/3/2011, § 4]
3.
If the development for which a building permit is sought contains
a mix of uses, the applicant must separately calculate the impact
fee due for each type of development.
[Ord. 2001-312, 3/29/2001, § 8]
1.
Applicability. An additional impact fee shall be imposed upon new
developments that generate 1,000 or more p.m. peak hour trips, net
of pass-by trips as defined by the most recent edition of Trip Generation
published by the Institute of Transportation Engineers, and any amendments
or future editions thereof. This section is in addition to the impact
fee calculated under this part.
[Amended by Ord. 2011-421, 11/3/2011, § 5]
2.
Traffic Study. An applicant for a new development that generates
1,000 or more p.m. peak hour trips shall be required to perform a
traffic analysis of development traffic impact on highways, roads
or streets outside the transportation service area in which the new
development is located, but within the boundaries of the Township.
Any highways, roads or streets or parts thereof, outside the transportation
service area that will accommodate 10% or more of the new development
traffic and 100 or more new p.m. peak hour trips may be required to
be studied. The traffic study is to be conducted in accordance with
the Township requirements as determined by the Township Traffic Engineer.
3.
Mitigation. Applicants for new development that generate 1,000 or
more new p.m. peak hour trips, less pass by trips will be required
to mitigate the traffic impact of the new development on the affected
roads, highways and streets per the traffic study to maintain the
pre-development conditions.
[Ord. 2001-312, 3/29/2001, § 9; as amended by Ord.
2001-315, 9/6/2001, § 2]
The Township has defined transportation service areas as shown
on the transportation service area map (See Exhibit A, attached hereto
and incorporated herein) in accordance with the provisions of the
Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 2001-312, 3/29/2001, § 10]
1.
Applicability of this Section. The Board of Supervisors may permit
or require a new development to perform a special transportation study
to document actual trip generation from a particular use. The instances
when a special transportation study can or must be performed are limited
to instances where:
A.
The Township requests a special transportation study.
B.
No "R" value or fitted curve equation is provided for the use in
the most recent version of Trip Generation published by the Institute
of Traffic Engineers.
[Amended by Ord. 2011-421, 11/3/2011, § 7]
C.
The use is not represented in any amendments or future editions of
Trip Generation published by the Institute of Traffic Engineers.
[Amended by Ord. 2011-421, 11/3/2011, § 7]
D.
A new development, after no more than 18 months from the date of
payment of an impact fee and being fully occupied and operational,
chooses to challenge the amount of the impact fee.
2.
Guidelines for Conducting a Special Transportation Study. Special
transportation studies must be conducted in accordance with the guidance
in the most recent version of Trip Generation published by the Institute
of Traffic Engineers. The new development is responsible for all costs
associated with the special transportation study.
[Amended by Ord. 2011-421, 11/3/2011, § 8]
3.
Adjustments. Requests for adjustments of an Impact fee as a result
of a special transportation study conducted under Subsection 1.D must
be in writing directed to the Township Manager and must be postmarked
within 18 months of the date of the check paying the impact fee. No
adjustments will exceed the amount of the impact fee actually paid.
[Ord. 2001-312, 3/29/2001, § 11]
1.
Collection of Impact Fee. Impact fees due pursuant to this part shall
be collected by the Township in the manner prescribed herein prior
to issuance of a building permit.
2.
Establishment and Maintenance of Accounts. The Director of Finance shall establish interest-bearing trust fund accounts created solely for impact fees and shall maintain records whereby impact fees collected are segregated by transportation service areas. All interest earned shall become the funds of that account. Impact fees generated from new development may only be expended for transportation capital improvements identified as being funded by impact fees under the transportation capital improvements plan in a particular transportation service area, except as provided in § 12-113.
3.
Maintenance of Records. The Director of Finance shall maintain and
keep adequate financial records for each such account that will show
the source and disbursement of all revenues, that will account for
all moneys received and that shall ensure that the disbursement of
funds from each account will be used solely and exclusively for the
provision of projects specified in the transportation capital improvements
plan for the particular transportation service area.
4.
Annual Accounting. The Township will provide that an annual accounting
is made for any account containing impact fee proceeds and earned
interest. The accounting shall include the total funds collected,
the source for the funds collected, the total amount of interest accruing
on such funds and the amount of funds expended on specific transportation
improvements. Notice of the availability of the results of the accounting
will be included and published as part of the Township's annual
audit. A copy will also be provided to the Impact Fee Advisory Committee.
[Ord. 2001-312, 3/29/2001, § 12]
1.
Role of the Impact Advisory Committee: The Impact Fee Advisory Committee
or Advisory Committee is a committee formed pursuant to the Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended, to serve
in an advisory capacity to the Board of Supervisors. The Advisory
Committee has as its duties:
A.
To make recommendations, with respect to land use assumptions, the
development of comprehensive road improvements and impact fees.
B.
To make recommendations to approve, disapprove or modify a capital
improvement program by preparing a written report containing these
recommendations to the Township.
C.
To monitor and evaluate the implementation of a capital improvements
program and the assessment of impact fees and report annually to the
Township with respect to the same.
D.
To advise the Township of the need to revise or update the land use
assumptions, capital improvements program or impact fees.
E.
To conduct public hearings with respect to any recommendations on
land use assumptions in accordance with the requirements of the ordinance
and the Municipalities Planning Code, 53 P.S. § 10101 et
seq., as amended.
F.
To prepare or cause to be prepared a road way sufficiency analysis
in accordance with the requirements of this part and the Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended.
2.
Review of Transportation Capital Improvements or Impact Fees Charge.
The Board of Supervisors may request, no more than annually, the Advisory
Committee to review and make recommendations on the transportation
capital improvements or impact fee charges based only on:
A.
Subsequent new development which has occurred in the Township.
B.
Completion of capital improvements in the Transportation Capital
Improvements Plan.
C.
Unavoidable delays in construction of capital improvements contained
in the plan beyond the Township's control or responsibility.
D.
Significant changes in the land use assumptions.
E.
Changes in the estimated costs of the transportation improvements
proposed which may be recalculated by applying the construction cost
index as published in the American City/County Magazine or the Engineering
News Record.
F.
Significant changes in the projected revenue from sources listed.
[Ord. 2001-312, 3/29/2001, § 13]
The Township may expend impact fees paid by an applicant on
projects not contained in the adopted Transportation Capital Improvements
Plan if all of the following criteria are met:
A.
The applicant has provided written consent to use of its collected
impact fees for specific transportation projects which are not included
in the Transportation Capital Improvement plan.
B.
The alternative transportation project, whether highway or multi-modal,
has as its purpose the reduction of traffic congestion or the removal
of vehicle trips from the roadway network.
C.
The Township amends its transportation capital improvements plan
components required by § 504-A(e)(1)(vi) of the Municipalities
Planning Code, 53 P.S. § 10504-A(e)(1)(vi), to provide replacement
of the collected impact fees transferred to transportation projects
outside the approved transportation capital improvements plan from
sources other than impact fees or developer contributions within three
years of completion of the alternative projects to which the transferred
fees were applied.
[Ord. 2001-312, 3/29/2001, § 14]
Payment of the impact fee shall be made by the new development
prior to the issuance of a building permit by the Township to the
new development for development on the applicable site.
[Ord. 2001-312, 3/29/2001, § 15; as amended by
Ord. 2011-421, 11/3/2011, § 9]
1.
A developer is entitled to a credit against the impact fee in the
amount of the fair market value of any land dedicated by the applicant
to the Township for future right-of-way, realignment or widening of
any existing roadways or for the value of any construction of road
improvements which are performed at the applicant’s expense
and are contained in the transportation capital improvement plan.
The amount of such credit for any capital improvement constructed
shall be the amount allocated in the capital improvement program,
including contingency factors for such work. The fair market value
of any land dedicated by the applicant shall be determined as of the
date of the submission of the land development or subdivision application
to the Township.
2.
Any new development which performs, at its own expense, off-site
improvements as defined by this part, shall be eligible for a credit
toward the impact fee otherwise due in the amount of the actual cost
of such off-site improvements as approved by the Township Engineer.
Such credit shall not exceed the amount of the impact fee. In order
for a new development to be eligible for this credit it must announce
the intent to perform off-site improvements during the subdivision
or land development approval process. The announcement must be in
writing and must set forth the off-site improvement project for which
the developer is seeking credit. The developer must enter into an
agreement with the Township prior to the issuance of any building
permit. The agreement must establish the estimated cost of the improvement,
the schedule for initiation and completion of the improvement, guarantee
that the improvement be completed to Township and Pennsylvania Department
of Transportation standards and design criteria, and such other terms
and conditions as deemed necessary by the Township. The Township must
review the improvement plan, verify costs and time schedules, determine
if the improvement is an eligible improvement and determine the amount
of the applicable credit for such improvement to be applied to the
otherwise applicable impact fee prior to issuance of any building
permit. In no event may the Township provide a credit that is greater
than the applicable impact fee. If, however, the amount of the credit
is calculated to be greater than the amount of the impact fee due,
the new development may utilize such excess credit toward the impact
fees imposed on other building permits for development on the same
site and in the same ownership.
3.
The Township may provide a credit against impact fees for the value
of any construction projects that are not contained in the adopted
transportation capital improvements plan which are performed at the
developer's expense, if all of the following conditions are met:
A.
The applicant has provided written consent to a credit of its collected
impact fees for specific transportation projects which are not included
in the transportation capital improvements plan.
B.
The alternative transportation project, whether highway or multi-modal,
has as its purpose the reduction of traffic congestion or the removal
of vehicle trips from the roadway network.
C.
The Township amends its transportation capital improvements plan
components required by § 504-A(e)(1)(vi) of the Municipalities
Planning Code, 53 P.S. § 10504-A(e)(1)(vi), to provide replacement
of the credited impact fees transferred to transportation projects
outside the approved Transportation Capital Improvements Plan from
sources other than impact fees or developer contributions within three
years of completion of the alternative projects to which the transferred
fees were applied.
[Ord. 2001-312, 3/29/2001, § 16]
1.
The payer of the impact fee may apply for a refund of appropriate
share of any such fee and any interest earned from the date of payment
if:
A.
The Township has failed to commence any transportation service area
road improvements within three years of the scheduled construction
date set forth in the Transportation Capital Improvements Plan.
B.
The new development for which impact fees were paid is not commenced
prior to the expiration of a building permit issued for the new development
within the time limits established by applicable building codes; or
the project for which a building permit has been issued has been altered
resulting in a decrease in the amount of the impact fee due.
C.
If upon completion of any road improvements project the actual expenditures
are less than 95% of the costs allocable to the fee paid within the
transportation service area in which the road improvement was adopted,
the Township shall refund to the payer the pro rata difference between
the budgeted costs and the actual expenditures, including interest
from the date of payment.
D.
In the event that the Township terminates or completes an adopted
capital improvements plan for a transportation service area and there
remains at the time of termination or completion undispersed funds
in the accounts established for that purpose, the Township shall provide
written notice by certified mail to those persons who previously paid
the fees which remain undispersed of the availability of said funds
for refund of the person's proportionate share of the fund balance.
The allocation of the refund shall be determined by generally accepted
accounting practices. In the event that any of the funds remain unclaimed
following one year after the notice, which shall be provided to the
last known address provided by the payer of the fees to the Township,
the Township shall be authorized to transfer any funds so remaining
to any other fund in the Township without any further obligation to
refund said funds.
2.
The request for refund must be submitted to the Township Manager
in writing specifying the details and basis for the request for refund.
[Ord. 2001-312, 3/29/2001, § 17]
The words and phrases of this part are to be construed in accordance
with the following rules:
A.
Definitions.
(1)
Words and phrases are to be interpreted as defined by this part.
(2)
Words and phrases that are not defined by this part are to be
interpreted as defined in §§ 107 and 502-A of the Municipalities
Planning Code (MPC), 53 P.S. §§ 10107 and 10502-A,
as amended.
(4)
Words and phrases that are not defined in this part, §§ 107 and 502-A of the MPC, 53 P.S. §§ 10107, 10502-A or in the Township's Zoning Ordinance [Chapter 27], Subdivision and Land Development Ordinance [Chapter 22] are to be given their common, ordinary dictionary meaning within the context of the sentence in which they are used.
B.
Construction. The words, phrases and provisions of this part are
not to be interpreted in a way the results in an absurd construction
of the meaning, or in a way that causes one provision to contradict
another.
[Ord. 2001-312, 3/29/2001, § 18]
The provisions of this part 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.
