[Ord. 644, 1/27/2010, § 1]
This Part shall be known as the "Collier Township Impact Fee
Program."
[Ord. 644, 1/27/2010, § 2]
The purpose of this Part is to establish the Collier 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 Collier 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 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. 644, 1/27/2010, § 3]
1.
The Board of Commissioners 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 non-residential
growth and development.
B.
Transportation service levels will be provided by the Township utilizing
funds allocated via all available sources including the capital improvements
programs and impact fees.
C.
The aggregation of development in the defined transportation service
area intensifies the demand for transportation improvements designed
to accommodate traffic volumes at a "D" level of service for intersections
and the "D" level of service for roadway segments as defined by the
Transportation Research Board of the National Academy of Science.
D.
The development potential of properties in the defined transportation
service area is reflected in the land use assumptions report adopted
by Res. 011409-01 on January 14, 2009, and the roadway sufficiency
analysis adopted on July 8, 2009.
E.
To the extent that new development in the transportation service
area 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 current edition of
Trip Generation, Institute of Transportation Engineers, and any amendments
or future editions thereof.
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 area, 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.
[Ord. 644, 1/27/2010, § 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 building
code Ord. 505. Building construction as may be amended from time to
time, 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 Ord. 505,
move a lot line which divides a lot from another lot or street.
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 municipality. 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 applicants property or the improvements constructed on the property abutting the applicants property necessary for the ingress or egress to the applicants property and required to be constructed by the applicant pursuant to any municipal ordinance including, but not limited to, the municipal building code [Chapter 5, Part 1], Subdivision and Land Development Ordinance [Chapter 22] 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 adopted by the Board of Commissioners 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 Impact Fee Advisory Committee prepared or directed
to be prepared a Transportation Capital Improvements Plan dated August
2009 and prepared by HRG.
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.[1])
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 most current
edition of Trip Generation, Institute of Transportation Engineers,
and any amendments or future editions thereof.
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 current edition of Trip Generation, Institute
of Transportation Engineers, and any amendments or future editions
thereto.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
[Ord. 644, 1/27/2010, § 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 minimis new development. De minimis
is defined to be new development that results in a total of three
or less p.m. peak hour trips including any pre-existing p.m. peak
hour trips. The de minimis exemption shall in no case apply to any
preexisting use which generates four or more p.m. peak hour trips.
(Example 1-a five-acre residential parcel with one single-family home
that generates 1:00 p.m. peak hour trip is to be subdivided to create
two new lots with a single-family home to be developed on each which
will generate two new p.m. peak hour trips results in a total of three
peak hour trips meets the definition of de minimis. Example 2-an existing
4,000 square quality restaurant currently generates 26 p.m. peak hour
trips and is to be demolished and replaced with a 18,800 square foot
office building which will generate 28 p.m. peak hour trips, resulting
in two new p.m. peak hour trips for the subject property and does
not meet the definition of de minimis since 26 pre-existing trips
plus two new development trips exceeds the three total peak hour trips
allowed). This subsection sets forth a threshold limit for the applicability
of this Part and shall not be construed to provide a three-trip credit
to new development. A maximum of one de minimis exemption shall be
available for multiple subdivisions or land developments which are
reasonably viewed, for planning purposes, as one overall development,
such as where the multiple developments are interconnected with the
same roads, utility facilities, or otherwise in the reasonable judgment
of the Township.
3.
This Part shall not apply to public schools, or buildings associated
therewith, or to Collier Township, or any other Township agency or
authority. Schools and local government agencies serve an overriding
public interest, warranting an exemption from impact fees.
[Ord. 644, 1/27/2010, § 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. 644, 1/27/2010, § 7]
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 Commissioners.
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 project as identified in the most current edition of Trip Generation, 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 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.
[Ord. 644, 1/27/2010, § 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 current edition of Trip Generation,
Institute of Transportation Engineers, and any amendments or future
editions thereof. This section is in addition to the impact fee calculated
under this 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
pre-development conditions.
[Ord. 644, 1/27/2010, § 9]
The Township has defined a transportation service area as shown
on the Transportation Service Area Map (See Exhibit A,[1] attached hereto and incorporated herein) in accordance
with the provisions of the Municipalities Planning Code, 53 P.S. § 10101
et seq.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
[Ord. 644, 1/27/2010, § 10]
1.
Applicability of this section. The Board of Commissioners 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, the Institute of Traffic Engineers.
C.
The use is not represented in any amendments or future editions of
Trip Generation, the Institute of Traffic Engineers.
2.
Guidelines for Conducting a Special Transportation Study. Special
transportation studies must be conducted in accordance with the guidance
in the most current edition of Trip Generation, Institute of Transportation
Engineers, and any amendments or future editions thereof. The new
development is responsible for all costs associated with the special
transportation study.
[Ord. 644, 1/27/2010, § 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 Township shall establish an interest-bearing fund account 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 Township 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.
[Ord. 644, 1/27/2010, § 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 Commissioners. 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 this Part
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 Commissioners may request, no more than annually, the
Advisory Committee to review and make recommendations on the transportation
capital improvements or impact fee charges based 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 Townships 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. 644, 1/27/2010, § 13]
1.
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. 644, 1/27/2010, § 11]
Payment of the impact fee shall be made by the new development
prior to the issuance of a building permit by the Township.
[Ord. 644, 1/27/2010, § 15]
1.
A traffic generator 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 contained in the Transportation Capital Improvement
Plan which is performed at the applicants expense. 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 traffic generator is seeking credit. The traffic generator 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
traffic generators 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. 644, 1/27/2010, § 16]
1.
The payor 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
only for such reasons as identified in Municipalities Planning Code,
53 P.S. § 10101 et seq.
2.
The request for refund must be submitted to the Township in writing
specifying the details and basis for the request for refund.
[Ord. 644, 1/27/2010, § 17]
1.
The words and phrases of this Part are to be construed in accordance
with the following rules:
A.
Definitions.
(1)
First, words and phrases are to be interpreted as defined by
this Part.
(2)
Second, 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)
Fourth, words and phrases that are not defined in this Part, §§ 107 and 502-A of the MPC, or in the Townships Zoning Ordinance [Chapter 27], and 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. 644, 1/27/2010, § 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.
[Ord. 644, 1/27/2010, § 21]
Pursuant to Municipalities Planning Code, 53 P.S. § 10504-A(b)(1)
and 53 P.S. § 10505-A(c)(2), this Part shall have retroactive
application for the period of 18 months from the adoption of the resolution
creating the Collier Township impact fee advisory committee. This
Part shall take effect immediately upon its adoption.
