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Strategy 12: Legislative Initiatives
Strategy Description:
This strategy will list and develop
ideas from recent planning literature and current PA legislative agendas
that would aid in providing more tools to Pennsylvania communities for
growth management that currently are not available or allowed in the Commonwealth.
The strategy will be built as a basis for local and/or regional level work
with the region’s legislative delegation.
Key Components:
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Support changes to Article V-A of the
PAMPC on Municipal Capital Improvement – Traffic Impact Fees
Technical approaches for establishing
a process of creating traffic impact fees vary significantly. The California
approach is to analyze community "buildout" land use density and generated
traffic versus infrastructure needs to achieve the LOS desired. Rezonings
use a computer travel demand modeling process to compare as-zoned versus
rezoned traffic impact to assess the changes in traffic impact and mitigation
measures as documented in the official as-zoned traffic impact study process.
The Pennsylvania approach as described
in Section 501-A through Section 508-A is significantly different and less
"future" oriented than the California approach which can cover entire communities,
not just areas of a specific size.
After reviewing Article V-A, the following
technical limitations were identified.
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Municipalities, not counties, are granted
the required power to enact, amend, and repeal impact ordinances if they
have adopted any of the following:
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Municipal comprehensive plan
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County comprehensive plan (not explained how
this applied to municipalities)
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Subdivision ordinance
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Land development ordinance
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Zoning ordinance
In other words, countywide traffic impact
fees cannot be developed nor can municipalities develop impact fees without
these elements.
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Only those roadways identified on the legally
adopted municipal street or highway plan or official map are eligible for
analysis. These plans may exclude important road links.
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"Existing deficiencies" are based on the "preferred"
LOS designated in the adopted Capital Improvement Plan and may vary from
municipality to municipality within a county.
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Service areas for study cannot exceed seven
square miles and have to have an aggregation of potential development sites
which create a need for transportation improvements. Why seven square miles
was selected is not known, and some areas may not have what is termed sufficient
potential development sites.
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The transportation CIP must be adopted by
a municipality prior to enactment of an impact fee ordinance. Usually CIP
programs are two to six years, so this plan does not account for longer-range
infrastructure needs.
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The "impact" advisory committee must develop
land use assumptions for determining future growth yet states that the
period cover at least the next five years. In order to establish a growth
rate, previous five-year growth rates should be determined. There is a
big difference in a five-year impact fee and a "future"; i.e. buildout
or 70% buildout impact fee. An impact fee based on five-year projections
would need to be updated frequently in a high growth area.
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Municipalities may jointly commission roadway
sufficiency analyses to establish both existing and the "future" of five-year
LOS analyses and needed improvements. Critical to this analysis is "pass
through" traffic projections for not less than five years. Determining
pass through traffic and its impact is quite complex and needs to be determined
versus traffic impact created by local new development within the area
under study; i.e. seven square miles or less.
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The preferred LOS depends on what is preferred
by each municipality; LOS C may be nice for +5 years, LOS D practical for
10 years and LOS E rational after 10 years in high growth areas. As traffic
volumes increase, the lower the LOS B or C, the more costly the roadway
improvements and the higher the impact fees.
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A municipality may update the CIP and impact
fee but not more frequently than annually.
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No reference, except in Item (n) in Section
505-A, is made to the role that the passby capture phenomena would have
on the traffic impact study process. Passby capture trips are already on
the existing roadway network so they should be subtracted from total trips
generated by certain land uses (especially retail).
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If municipalities are jointly involved and
adopt an impact fee, an additional impact fee can be imposed on a new development
if it exceeds 1,000 or more new peak hour trips (total less passby capture
= new trips).
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Support tax reform for farmers.
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Support changes to the MPC regarding the
inability of municipalities to control the location of mineral recovery
operations, particularly in areas with an abundance of these resources
in many locations. The inclusion of these activities in rural resource
areas as defined in the MPC is the point of contention.
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Define a 50-year planning process to support
a 20-year land use and transportation plan.
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Advocate the pursuit of greater levels
of funding at the State and Federal levels and a change in the formula
for calculation of the local share of that funding based on existing and
future levels of service.
Regional Application / Appropriateness:
Supporting these initiatives should
be a priority for all members of the community if the sustainable future
is to be reached.
Implementation:
Municipal and county officials should
take the lead in working with their legislative delegation.
Indicators:
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Amount and type of legislation initiated
and supported by local delegation