[HISTORY: Adopted by the Board of Supervisors of the Township of Pine 2-1-1993 by Ord. No. 210; amended in its entirety 4-4-2011 by Ord. No. 358. Subsequent amendments noted where applicable.]
§ 80-18 Effect of transportation impact fee on zoning, planned residential development and subdivision regulations.
This chapter shall be known as the "Township of Pine Transportation Improvements Program Amendment."
The purpose is to revise and amend the Township of Pine's Transportation Improvement Program (as previously adopted August 7, 2000, by Ordinance No. 283) and to establish a more current Transportation Improvements Program, including a more current Transportation Capital Improvements Plan, so as to ensure that the Township's transportation system is adequate to support both existing volumes of traffic and the traffic projected to be generated by continued new growth and land development. To advance this objective, the Township's Transportation Improvement Program shall be amended and be based upon the imposition of a revised transportation impact fee, payable to the Township of Pine at the time of building permit issuance, necessary and adequate to provide minimum levels of services (at the "C" level) as outlined in Exhibit 2 (Township of Pine Roadway Sufficiency Analysis Update of January, 2000) and Exhibit 3 (Township of Pine Capital Improvements Plan Update of July, 2010) hereto. The program will provide a continuing generation of funds necessary for the Township of Pine to initiate and complete capacity transportation improvements needed in support of continued new growth and land development. Such a program will involve financial participation for capacity improvements by developers and, also, by the local, state and federal governments. Through its Transportation Improvements Program, the Township shall address its future traffic needs in a timely manner, and the impact of increased traffic volumes shall be minimized to the extent possible.
Editor's Note: Exhibits 2 and 3 are on file in the Township offices.
The Board of Supervisors hereby finds and declares that:
The Township of Pine is responsible for and committed to the provision of a transportation system at a service level necessary to adequately support residential and nonresidential growth and development;
Such transportation service level shall be provided by the Township of Pine utilizing funds allocated via the capital budget and capital improvements programming processes and relying upon the funding sources indicated in Exhibit 3 hereto.
The aggregation of development in the designated transportation service area intensifies the demand for transportation improvements designed to accommodate traffic volumes at a level of service "C," as defined by the Transportation Research Board of the National Academy of Science, with such level of service "C" being the minimum acceptable level of service to accommodate such development and the intensity thereof;
The development potential of the various properties in the designated transportation service area are reflected in the Comprehensive Plan of the Township of Pine and Exhibit 1 hereto and are implemented via the Township's Zoning Ordinance and Zoning Map;
Editor's Note: Exhibit 1 is on file in the Township offices.
To the extent that such land development in the designated transportation service area places demands upon the transportation system, those demands should be satisfied by the establishment of a transportation improvement program which divides and distributes the responsibility for financing the provision of such transportation facilities between the public at-large (through the Township, state and federal governments) and the developers of land whose land development projects contribute to such demands;
The amount of the transportation impact fee to be herein imposed shall be determined by the cost of the transportation improvements needed to meet the minimum level of specified services and which public facilities shall be identified in the transportation capital improvements plan, as shown on Exhibit 3 hereto, considering the projected growth and development in the transportation service area;
The Township of Pine hereby finds and declares that a transportation impact fee imposed upon new residential and nonresidential land development to assist in the financing of specified major transportation service improvements, the demand for which has been quantified through the application of land use assumptions provided by the Advisory Committee and subsequently approved and adopted by the Board of Supervisors, is and continues to be in the best interest of the Township and its residents. It is further found and declared that such transportation impact fee should now and hereafter be in accord with the provisions and specifications of Exhibits 1, 2, and 3 hereof.
Editor's Note: Exhibits 1, 2 and 3 are on file in the Township offices.
As used herein, the following words and terms shall have the following meanings, unless another meaning is plainly intended:
- BUILDING PERMIT
- The Township permit required for the erection, construction, reconstruction, or alteration of a structure pursuant to the applicable sections of Chapters 44, 46, 48, 78, 84, and/or A144 of the Code of the Township of Pine or any subsequent amendments thereto. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other alteration or improvements to an existing structure, or to the reconstruction or rebuilding of a damaged or destroyed structure, provided that there is no increase in the structure's gross floor area or number of dwelling units resulting therefrom.
- That period in the development of the Township of Pine, estimated to occur sometime after the year 2025, during which growth ceases due to the unavailability of further developable land.
- CHANGE OF USE
- Any use by a new development which increases the p.m. peak hour trips from that generated by a previous development and requires an assessment of the applicable transportation impact fees in accordance with such changed use.
- COMPREHENSIVE PLAN
- The Comprehensive Plan for the Township of Pine, Allegheny County, Pennsylvania, dated April, 2003, and as adopted April 1, 2003, pursuant to the provisions of the Pennsylvania Municipalities Planning Code.
- Any present or prospective landowner, agent of such landowner, or tenant with the permission of such landowner (and including but not limited to persons, partnerships, limited liability companies, and corporations), who makes or causes to be made any undertaking which requires any of the following in the Township of Pine: land development application and approval; subdivision application and approval; plat approval; or building, zoning or use permit of any kind.
- Any commercial, industrial, residential, or other project involving new construction, enlargement, reconstruction, development, redevelopment, relocation, structural alteration, or use, which is expected to generate additional vehicular traffic and which is required to be done or undertaken pursuant to application to and approval by the Township of Pine of any kind (including but not limited to land development, plat, subdivision, and planned residential development proceedings) and/or requires building, zoning, occupancy or use permits of any kind to be issued by the Township of Pine.
- The Transportation Improvement Fund established by the Board of Supervisors of the Township of Pine.
- TRANSPORTATION IMPACT FEE
- A charge or fee, to be paid at the time of building permit application and prior to its issuance, to generate revenue for funding the costs of transportation capital improvements necessitated by and attributable to new development, and calculated based upon the costs of transportation capacity improvements in proportion to development creating the need for such improvements.
- IMPROVEMENTS, OFF-SITE
- Public transportation capital improvements which are not on-site improvements, serve the needs of more than one development and as are listed in Exhibit 3 hereof.
- IMPROVEMENTS, ON-SITE
- All improvements constructed on or on land abutting the developer's property necessary for the ingress or egress to such property and required to be constructed by the developer pursuant to any ordinance or regulation of the Township of Pine including, but not limited to, its subdivision, land development, zoning, planned residential development and building code requirements.
- TRAFFIC GENERATOR
- Any land owner, developer, builder, tenant, occupant or other user of land (including subdividers or applicants) who increases the vehicular traffic using public streets, roads, and highways, by the construction of new structures, by the construction of additions to existing structures, or by changing the existing use of land or structures thereon.
- TRANSPORTATION CAPITAL IMPROVEMENTS
- Those off-site road improvement projects listed in Exhibit 3, or as same may be hereafter amended by formal action of the Board of Supervisors.
- TRANSPORTATION CAPITAL IMPROVEMENTS PLAN
- The identified transportation capital improvement projects contained in Exhibit 3.
- TRANSPORTATION SERVICE AREA
- That geographically defined area of the Township of Pine which, pursuant to the Comprehensive Plan and applicable district zoning regulations, has an aggregation of sites with development potential creating the need for transportation improvements within such area to be funded by impact fees. The Township of Pine's transportation service area shall be the geographic area delineated in Appendix "E" of Exhibit 2 hereof.
- TRIP GENERATION RATES
- Those rates of traffic for the peak hour of adjacent street traffic between 4:00 p.m. and 6:00 p.m. as determined utilizing The Institute of Transportation Engineers (ITE) most current "Trip Generation Manual," presently Eighth Edition, and any amendments thereto and any future editions thereof, the provisions of which are hereby specifically adopted and incorporated herein by reference as part of this chapter.
- UNIT COST PER TRIP
- The dollar amount calculated by dividing the total development community participation cost estimates by the total forecasted new trips through buildout, as currently calculated at $1,300 per p.m. peak hour site development trip in Exhibit 3.
Editor's Note: Exhibit 3 is on file in the Township offices.
Editor's Note: Exhibit 2 is on file in the Township offices.
Editor's Note: Exhibit 3 is on file in the Township offices.
Chapter 84, Zoning, Article V, §§ 84-25 and 84-26, Planned Residential Developments, of the Code of The Township of Pine shall be amended, as necessary, so as to revise all references and incorporations contained therein to the Township of Pine Transportation Improvements Program Amendment, Transportation Capital Improvements Plan and the exhibits thereto so as to now refer to the applicable provisions hereof.
Chapter 78, Subdivision of Land, Articles Ill, IV, and VI thereof, of the Code of the Township of Pine shall be amended, as necessary, so as to revise all references and incorporations contained therein to the Township of Pine Transportation Improvements Program Amendment, Transportation Capital Improvements Plan and the exhibits thereto so as to now refer to the applicable provisions hereof.
This chapter shall be uniformly applicable to all development upon land within the transportation service area for which an application for final approval is filed with the Township of Pine subsequent to the effective date hereof. Such developments shall be deemed to include, but not be limited to, those within all planned residential developments, regardless of their zoning district, regulated within Chapter 84 of the Code of the Township of Pine. The transportation impact fee, in the amount calculated in accordance with the procedures set forth herein, shall also serve as a condition precedent to final plat approval under the Township of Pine's subdivision and land development ordinances.
No building permit shall be issued for a development which occurs upon land within the transportation service area, as herein defined, unless there has been paid the transportation impact fee imposed by and calculated pursuant to this chapter. Such developments shall include, but not be limited to, those within all planned residential developments, regardless of their zoning district, regulated within Chapter 84 of the Code of the Township of Pine. The transportation impact fee, in the amount calculated in accordance with the procedures set forth herein, shall also serve as a condition precedent to final plat approval under the Township of Pine's subdivision and land development ordinances.
The Board of Supervisors has completed and adopted a traffic study of transportation sufficiency problems. The traffic study projects future traffic volumes in the transportation service area, lists the need for and recommends specific transportation improvements, and estimates construction costs. Projects shall be scheduled by the Board of Supervisors in accordance with Herbert, Rowland, Grubic, Inc. and/or other approved consultants' engineering and related studies and the recommendation of the Advisory Committee.
The unit cost per trip shall be $1,300 per p.m. peak hour site development trip, as is set forth in Exhibit 3 hereto, or as same may be hereafter amended pursuant to the provisions hereof and Act 209 of 1990 (Article V-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10501-A et seq.).
The transportation impact fee imposed hereby for a specific new development shall be determined by multiplying the unit cost per trip for the transportation service area by the p.m. peak hour trips generated by such development, as identified and estimated in the ITE Trip Generation Manual, Eighth Edition, any amendments and all future editions thereof, or by a special transportation study undertaken in accordance with the provisions hereof.
If a development upon which the transportation impact fee imposed hereby contains a mix of uses, the transportation impact fee for same shall be separately calculated for each type of use within the development.
A maximum ten-percent contingency is hereby authorized as an additional cost to be added to construction cost estimates for transportation capital improvements, as deemed necessary and appropriate, in order to cover costs anticipated.
The Township of Pine's transportation service area is established as shown on the "Transportation Service Area Map" set forth as Appendix E of Exhibit 1 hereto and incorporated herein by reference.
Additional transportation service areas or combinations of transportation service areas may hereafter be designated by the Board of Supervisors, consistent with the procedures for same set forth within Act 209 of 1990.
The identification of the above-referenced transportation service area and the programming of transportation improvement projects within it ensures that projected development within the transportation service area will be adequately served by necessary transportation improvements which meet the minimum level of service and that inadequate transportation capacity will not limit development therein. Transportation impact fees collected from development in the transportation service area will be expended exclusively upon transportation improvement projects within such transportation service area.
Editor's Note: Exhibit 1 is on file in the Township offices.
In the event that the Township of Pine determines that the trip generation characteristics for a specific type of development are not sufficiently identified in the ITE Trip Generation Manual, Eighth Edition, and any amendments thereto and any future editions thereof, the applicable transportation impact fee shall be determined by the Township of Pine following review of a special transportation study that shall be submitted by the developer at developer's expense. Such study shall be prepared by a qualified traffic or transportation engineer or planner using procedures and methods which are both acceptable to the Township of Pine and based upon generally accepted transportation planning and engineering standards. Such study shall document the projected p.m. peak hour traffic volumes at the development's site following completion and occupancy of the proposed development.
Prior to making an application for any development which will be subject to the payment of transportation impact fees, a nonbinding transportation impact fee estimate may be requested from the Township. Such estimate shall be based upon the maximum development potential of the development site pursuant to existing zoning regulations, unless a lesser use of development is requested. Said transportation impact fee estimate shall be provided within a reasonable period of time, subject to the availability of appropriate Township staff or consultants, and shall be on a form provided by the Township.
Collection of impact fees. Transportation impact fees due pursuant to this chapter shall be collected by the Township, in the manner or manners prescribed herein, prior to issuance of a building, zoning or use permit.
Establishment of fund. Upon receipt of transportation impact fees, the Township Manager/Secretary shall be responsible for the separate maintenance and the proper accounting for such fees and their utilization. All such fees shall be deposited in interest-bearing accounts, designated solely for such transportation impact fees, and maintained in financial institutions authorized to receive deposits of Township funds. Interest earned on such fees shall be credited to their respective accounts. The Township Manager/Secretary shall obtain and provide an annual accounting for such fund accounts in accordance with the provisions of Act 209 of 1990, 53 P.S.§ 10505-A(d).
Establishment and maintenance of accounts and expenditures therefrom. The Township Manager/Secretary shall cause to be maintained adequate financial records for each such account which shall show the total funds collected, their sources, the interest accrued, and the amount of funds expended on specific transportation improvements. The expenditure of funds from each account shall be used solely and exclusively for that portion of the transportation capital improvements to be funded by impact fees, as specified in the Transportation Capital Improvements Plan, for the particular transportation service area.
Advisory Committee role. The Township of Pine's Transportation Impact Fee Advisory Committee shall monitor and evaluate the implementation of the Transportation Capital Improvements Plan and report on the assessment of impact fees. In addition, the Advisory Committee, at the request of the Township's Board of Supervisors, may make recommendations to the Township of Pine on the need to update or revise the adopted land use assumptions, transportation capital improvements or impact fees based on the following:
New subsequent development which has occurred in the Township of Pine;
Completed transportation capital improvements;
Unavoidable delays in construction of transportation improvements beyond the Township's control or responsibility;
Significant changes in the land use assumptions;
Significant changes in the estimated costs of the transportation capital improvements proposed; and
Significant changes in the projected revenue from all sources listed needed for the construction of the transportation capital improvements.
The Township of Pine may issue bonds, notes, revenue certificates and other obligations of indebtedness, in such manner and subject to such limitations as may be otherwise provided by law, in furtherance of the construction of transportation capital improvement projects. Funds pledged toward retirement of bonds, notes, revenue certificates or other obligations of indebtedness for such transportation capital improvement projects may include both transportation impact fees collected pursuant to this chapter and other Township revenues as may be allocated by its governing body. Impact fees paid pursuant to this chapter shall not be utilized for purposes other than the construction and financing (either directly, or as a pledge against bonds, notes, revenue certificates and other obligations of indebtedness) of the cost of transportation capital improvements as specified herein or for related costs as permitted by Act 209 of 1990, Article V-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10501-A et seq.
Payment of transportation impact fees shall be made prior to the issuance of a building or other necessary permit by the Township of Pine for development on the applicable site. In the alternative, at the sole discretion of the Township's Board of Supervisors, such transportation impact fees may be paid pursuant to a written agreement providing for an extended, regular payment schedule of said transportation impact fees over a period of time to be set by the Board of Supervisors.
Any developer, traffic generator, or applicant who shall be subject to the payment of transportation impact fees pursuant to this chapter and who shall dedicate land to the Township for future right-of-way, realignment, or widening of any existing roadways necessary for the construction of projects contained in the Township's Transportation Capital Improvements Plan or who shall perform, at its own expense, the construction of improvements contained therein shall be eligible for a credit against the transportation impact fee otherwise due. Such credit shall be either the amount of the fair market value of the land so dedicated (determined as of the date of land development application) or the amount allocated in the transportation capital improvements program, including contingency factors, for such construction, as the case may be.
In the event credit is to be provided hereunder to any developer, traffic generator or applicant for the construction of road improvements, a written agreement with the Township regarding same shall be executed prior to issuance of any building permit. The agreement shall establish the estimated cost of the improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement be completed to Township of Pine and Pennsylvania Department of Transportation standards and design criteria, and such other terms and conditions as deemed necessary by the Township of Pine, including the posting of financial security in an amount sufficient to cover the cost of construction. The Township of Pine shall determine the applicable credit, but in no event shall the Township be required to pay the excess amount by which any credit may exceed the applicable transportation impact fee. If the amount of the credit is calculated to exceed the amount of the transportation impact fee due, such excess credit shall be thereafter applied against transportation impact fees for other developments which would otherwise be payable by the party entitled to such credit.
Transportation impact fees (together with accrued interest thereon) collected by the Township of Pine pursuant to this chapter shall be refunded to the payor of such fees in the proportion specified in Act 209 of 1990, 53 P.S. § 10505-A(g), and in accordance with its provisions, only in the following instances:
If the Township has failed to commence any transportation improvements within the designated transportation service area within three years of the scheduled construction date set forth in the transportation capital improvements plan; or
If the new development for which transportation impact fees have been paid has not been commenced prior to the expiration of the building permit issued therefor (pursuant to the time limits otherwise established for such building permits by the Township of Pine), 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; or
If upon completion of any road improvements project, the actual expenditures of same are less than 95% of the costs properly allocable to the fee paid within the transportation service area in which the improvement was adopted; or
In the event that the Township of Pine terminates or completes an adopted capital improvements plan for a transportation service area and there remains at the time of termination or completion, undisbursed funds in the accounts established for that purpose.
§ 80-18 Effect of transportation impact fee on zoning, planned residential development and subdivision regulations.
This chapter shall not alter the otherwise permissible uses of land and structures, density of development, design and improvement standards and requirements, or any other Township regulation regarding the development of land or the provision of public improvements, as contained in all otherwise applicable zoning, subdivision, and planned residential development regulations of the Township of Pine, which regulations shall be and remain operative and in full force and effect, without limitation, with respect to all such development.
The transportation impact fee specified herein is additional and supplemental to, and not in substitution of, any other requirements imposed by the Township of Pine on the development of land or the issuance of building or other permits. It is intended to be consistent with and to further the objectives and policies of the Township's Comprehensive Plan, the Transportation Capital Improvements Plan, and all other Township of Pine growth management policies, ordinances and regulations, by which the Township seeks to ensure the provision of public facilities in conjunction with the development of land. In addition to the transportation impact fee specified herein, a developer or property owner may be required to pay for or to construct, pursuant to other ordinances or regulations of the Township or policies, other public facilities, including transportation facilities, as required by such other ordinances and regulations.
The provisions of this chapter shall be applicable to all developments for which application for final approval is made to the Township of Pine subsequent to its effective date.
The provisions of Township Ordinance No. 283, previously codified as Chapter 80 of the Code of the Township of Pine, are repealed to the extent specified in this Section. Such prior provisions are repealed, to the extent they are inconsistent with this chapter for all developments for which application for final approval is made to the Township of Pine subsequent to the effective date of this chapter; but this chapter shall not repeal or modify such prior provisions for those developments for which application for final approval was made to the Township of Pine prior to its effective date. The provisions of Township Ordinance No. 283, previously codified as Chapter 80 of the Code of the Township of Pine, shall remain in force and applicable to developments for which application for final approval was made to the Township of Pine prior to the effective date of this chapter. The payor of a previous transportation impact fee pursuant to such Township Ordinance No. 283, or prior Township Ordinance No. 210, shall not be entitled to a refund of such fee because of the passage of this chapter.