[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 1]
This Part shall be known
as the "Richland Township Impact Fee Ordinance."
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 2]
The purpose for this Part is to establish the Richland 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 Richland 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 address in a timely manner and the impact of
increased traffic volumes can be minimized to the extent possible.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 3; and amended by Ord. 434, 1/5/2009]
The Board hereby finds and declares that:
1.
The recitals set forth at the beginning of this Part are incorporated
herein as findings of the Board as if fully set forth below.
2.
The Township is committed to the provisions of a transportation system
at service levels necessary to support residential and nonresidential
growth and development.
3.
Transportation service levels will be provided by the Township utilizing
funds allocated via the capital budget, capital improvements programs,
formal and informal partnerships with the Pennsylvania Department
of Transportation (PennDOT) and impact fees.
4.
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.
6.
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.
7.
The amount of the impact fee to be imposed shall be calculated in
accordance with the provisions of the MPC and this Part, applying
the engineering standards set forth in Trip Generation, 7th Edition,
Volumes 1-3, published by the Institute of Transportation Engineers,
and any amendments or future editions thereof which may be adopted
pursuant to the Township Manager's regulations.
8.
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 IFA appointed
by the Board, is in the best interest of the Township and its residents.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 4; and amended by Ord. 434, 1/5/2009; and by Ord. 446,
1/3/2011]
As used in this Part, the words shall have the meanings set
forth in §§ 107 and 502-A of the MPC unless the context
clearly indicates to the contrary. The following words and terms,
not defined in the MPC or defined differently than in the MPC, shall
have the following meanings unless the context clearly indicates to
the contrary:
The Board of Supervisors of Richland Township, Allegheny
County, Pennsylvania.
A permit for the activities regulated under the Pennsylvania
Uniform Construction Code as administered by the Township, including,
without limitation, the following activities:
The construction or alteration of a man-made object having a
stationary location on the land or water.
The construction of an addition.
The demolition of or the movement of a man-made object having
a stationary location on land or water.
A change of occupancy or use.
The installation of or the alteration of any equipment regulated
by the Pennsylvania Uniform Construction Code.
The overall policy guide for the physical man-made change
to improved or unimproved real estate of the Township of Richland
adopted by the Board as the Comprehensive Plan of the Township of
Richland, either as a whole or in parts, consisting of documents,
maps, drawings and charts in accordance with the MPC and as amended
from time to time. The Township of Richland Comprehensive Plan includes
but is not limited to the Richland-Middlesex Joint Comprehensive Plan
adopted on December 16, 2004, by the Board and designs or plans or
any studies or surveys emanating therefrom.
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 MPC, as amended, and this Part.
The committee formed and members appointed pursuant to the requirements of the MPC by Resolution 11 of 2003 of the Board, with the duties set forth in § 22-712 hereof.
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 municipality. New development also includes any change in use
that increases peak-hour trips generated by such new use development,
notwithstanding the fact that little or no improvements are constructed.
The relevant peak-hour period for the calculation of impact
fees. Trips generated in the p.m. peak hours shall be calculated when
determining the impact fee.
A plan adopted by the Board of the Township prior to the
enactment of any impact fee ordinance for the purpose of identifying
and planning for transportation capital improvements. Specifically
the IFA Committee prepared or directed to be prepared a Transportation
Capital Improvements Plan dated November 2004 and prepared by Trans,
adopted as Resolution No. 24 of 2004 by the Board on December 1, 2004,
which TCIP was amended as follows:
[Amended by Ord. 461, 12/19/2012; by Ord. 475, 1/5/2015; and by Ord. No. 516, 1/3/2022]
By a revised TCIP prepared by the IFA Committee and adopted
by the Board on January 5, 2009;
By a revised TCIP prepared by the IFA Committee and adopted
by the Board on December 15, 2010;
By a revised TCIP prepared by the IFA Committee and adopted
by the Board on December 5, 2012;
By a revised TCIP prepared by the IFA Committee and adopted
by the Board on December 17, 2014;
By a revised TCIP prepared by the IFA Committee and adopted
by the Board on December 15, 2021.
Geographically defined areas of the Township which, pursuant to the Chapter 27, Zoning, 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 as set forth on the Transportation Service Areas Map.[1]
Those rates of traffic for the p.m. peak hour of adjacent
street traffic as determined in Trip Generation, 7th Edition, Volumes
1-3, published by the Institution of Transportation Engineers, and
any amendments or future editions thereof which may be adopted pursuant
to the Township Manager's regulations.
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
utilizing the trip generation rates.
[1]
Editor's Note: Said map is on file in the Township offices.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 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 land and/or facilities owned by the
Township of Richland, other than the Richland Township Volunteer Fire
Department; Holy Savior Catholic Cemetery; Bakerstown Cemetery; Poale
Zedeck Cemetery; rights-of-way owned by the Pennsylvania Turnpike
Commission and CSX Transportation; the Yorktowne Planned Residential
Development; and properties located in both Richland Township and
Hampton Township and accessing East Hardies Road through Hampton Township.
All such parcels as are shown as "exempt" on the Transportation Service
Areas Map.[1]
[1]
Editor's Note: Said map is on file in the Township offices.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 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. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 7; and amended by Ord. 434, 1/5/2009]
1.
The unit cost per trip is derived from the Transportation Capital
Improvements Plan and may be amended as transportation needs dictate
and as directed by the Board in accordance with the procedures set
forth in this Part and the MPC.
2.
The impact fee imposed by this Part upon all new development shall be determined by applying the unit improvement cost to the p.m. peak-hour trips generated by a new development utilizing the trip generation rates, or by a Special Transportation Study pursuant to § 22-715. To determine the fee for a specific use, the number of new p.m. peak-hour trips for the proposed use shall be multiplied by the unit improvement cost rate in each Transportation Service Area.
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.
4.
If the development for which a building permit is sought is located
on a parcel in which an existing facility will be removed, a credit
equal to the number of new p.m. peak-hour trips generated by that
the existing facility will be given. In no event shall the credit
be greater than the estimate of the p.m. peak-hours trip generation
submitted to either the Township at the time of a land development
approval or PennDOT at the time of highway occupancy permit approval
for that existing facility. Where such information in unavailable,
the credit shall be determined pursuant to the Township Manager's
regulations.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 8; and amended by Ord. 434, 1/5/2009]
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 Trip Generation 7th Edition, Volumes
1-3, published by the Institute of Transportation Engineers, and any
amendments of future editions thereof which may be adopted pursuant
to the Township Manager's regulations. This section is in addition
to the impact fee calculated under the Part.
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
predevelopment conditions.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 9]
The Township has defined Transportation Service Areas as shown
on the Transportation Service Area Map[1] in accordance with the provisions of the MPC.
[1]
Editor's Note: Said map is on file in the Township offices.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 10; and amended by Ord. 434, 1/5/2009]
1.
Applicability of this Section. The Board may permit or require the
developer of 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 currently adopted version of Trip Generation Manual, published
by the Institute of Transportation Engineers.
C.
The use is not represented in Trip Generation 7th Edition, Volumes
1-3, published by the Institute of Transportation Engineers, or any
amendments of future additions which may be adopted pursuant to the
Township Manager's regulations.
D.
A developer of a new development desiring a refund of a portion of
the impact fee may perform a Special Transportation Study after the
new development is issued a certificate of occupancy and has been
fully operational for a period of no less than six months from that
date; provided, however, such Special Transportation Study must be
completed and submitted to the Township no less than one year from
the date of the certificate of occupancy.
2.
Guidelines for Conducting a Special Transportation Study. All special
transportation studies must be conducted in accordance with the Township
Manager's regulations. The developer shall be responsible for all
costs associated with the Special Transportation Study.
3.
Refunds. Requests for a refund of a portion of an impact fee as a result of a Special Transportation Study conducted under Subsection 1D of this section must be in writing directed to the Township Manage and must be postmarked within 18 months of the date of the date of certificate of occupancy. No adjustments will exceed the amount of the impact fee actually paid.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 11; and amended by Ord. 434, 1/5/2009]
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 Township Manager 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 § 22-713.
3.
Maintenance of Records. The Township Manager 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 IFA Committee.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 12; and amended by Ord. 434, 1/5/2009]
1.
Role of the Impact Fee Advisory Committee. The IFA Committee has
been formed pursuant to the MPC, as amended, to serve in an advisory
capacity to the Board. The IFA 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 on at least a
biannual basis 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 this Part
and MPC.
F.
To prepare or cause to be prepared a roadway sufficiency analysis
in accordance with the requirements of this Part and the MPC.
G.
To review and make recommendations to the Board on changes to the
Township Manager's regulations as may be proposed from time to time.
2.
Review of Transportation Capital Improvements or Impact Fees Charge.
The Board may request, no more than annually, the IFA Committee to
review and make recommendations on the transportation capital improvements
or impact fee charges, and the IFA Committee shall review and make
recommendations on the transportation capital improvements or impact
fee charges very three calendar years from the effective date of this
Part or the date that the last review was completed, whichever is
longer, 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; provided, however, that the Board, upon the recommendation
of the Township Traffic Engineer, may instruct the IFA Committee to
utilize another method.
F.
Significant changes in the projected revenue from sources listed.
[Ord. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 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 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. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 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. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 15]
1.
A traffic generator is entitled to a credit against the impact fee
in the amount up to 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 contained in the Transportation Capital Improvements
Plan which is performed at the applicant's expense. The amount of
such credit for any capital improvement constructed shall be the lesser
of the developer's certified cost of construction or the amount allocated
to be paid for that capital improvement by all impact fees in the
Transportation Capital Improvements Plan, 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 initial land development or subdivision application to the Township,
and the credit cannot exceed the lesser of the value for such right-of-way
set forth in the Transportation Capital Improvements Plan or the impact
fee.
2.
Any new development which performs, at its own expense, off-site
transportation capital improvements(s) as defined by this Part, shall,
at the discretion of the Board, be eligible for a credit toward the
impact fee otherwise due in the amount of the lesser of the actual
cost of such off-site improvements as approved by the Township Engineer,
the amount allocated to be paid for these transportation capital improvement(s)
by all impact fees or the amount of the impact fee. In order for a
new development to be eligible for this credit, the developer must
request approval from the Board to perform off-site improvements during
the subdivision or land development approval process but no later
than prior to preliminary subdivision or preliminary land development
approval by the Board. The request must be in writing and must set
forth the off-site capital improvement project(s) for which the developer
is seeking approval to construct and thereafter receive credit and,
should the same be accepted by the Township, offer the same as a voluntary
condition of approval by the Board. The developer must enter into
a written 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 Board shall review the proposed off-site improvement
plan, verify costs and time schedules, determine if the improvement
is an eligible improvement, determine if the credit would deprive
the Township of revenues need for the orderly funding of the Transportation
Capital Improvements Plan 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. The Board shall
notify the developer in writing of its decision and shall set forth
therein its reason for approval or denial. In no event may the Township
provide a credit that is greater than the applicable impact fee. In
the case of phased development, when the amount of the credit is calculated
to be greater than the amount the impact fee due for the first phase
of development, the new development may utilize such excess credit
toward the impact fees imposed another building permits in future
phases of new development on the same site.
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
traffic generator'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
source other than impact fees or developer contributions within three
years of completion of the alternative projects to which the transferred
fees were applied.
[Ord. 278, 9/18/1991, as added by Ord. 399A, 12/16/2004,
§ 16; and amended by Ord. 434, 1/5/2009]
1.
The payer of the impact fee may apply for a refund of the 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 then current 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 municipality 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 of refund.
[Ord. 278, 9/18/1991, as added by Ord. 399A, 12/16/2004,
§ 17; and amended by Ord. 434, 1/5/2009]
1.
The Township Manager may establish, amend, modify and revoke reasonable
regulations and forms governing:
A.
The collection, payment, crediting and refund of impact fees.
B.
The content and methodology of traffic studies and special traffic
studies.
C.
The use of later published editions of the ITE Trip Generation Manual.
D.
The treatment of any parcel that lies both within and outside a Transportation
Service Area.
E.
Funds, subaccounts and the uses of proceeds.
F.
The determination of the amount of trips previously attached to a
developed property.
G.
Any other matter or procedure necessary for the orderly administration
of the Transportation Capital Improvements Plan or impact fees.
2.
No such regulation shall modify a substantive provision of this Part.
The initial Township Manager's regulations are attached hereto and
made a part hereof as Attachment A and are hereby approved by the
Board. No amendment to these regulations shall be effective until
reviewed by the IFA Committee and approved by the Board by resolution.
[Ord. 278, 9/28/1991; as added by Ord. 399A, 12/16/2004,
§ 18]
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.
3.
Words and phrases that are not defined in this Part or §§ 107
and 502-A of the MPC are to be interpreted as defined in the Township's
Zoning, Land Development and Subdivision Ordinances.
4.
Words and phrases that are not defined in this Part, §§ 107
and 502-A of the MPC or in the Townships Zoning, Land Development
and Subdivision Ordinances 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. 278, 9/18/1991; as added by Ord. 399A, 12/16/2004,
§ 19]
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.
