[Ord. 2008-02, 9/17/2008, § 1]
This Part shall be known as the "Franklin Township Transportation
Impact Fee Ordinance."
[Ord. 2008-02, 9/17/2008, § 2]
The purpose of this Part is to establish a Transportation Impact
Fee Program to ensure that the transportation system is available
and adequate to support new growth and development. To advance this
objective, there is hereby created an impact fee payable to the Township
at the time of building permit issuance.
[Ord. 2008-02, 9/17/2008, § 3]
1.
The Board of Supervisors hereby makes the following findings:
A.
Findings of Fact.
(1)
Franklin Township, Chester County (the "Township"), has experienced
considerable growth in recent years.
(2)
It is anticipated that such development will continue, creating
a substantial impact upon the transportation facilities within certain
districts of the Township.
(3)
The Board of Supervisors is required to keep all roads open
and usable for the safe and convenient travel by the public.
(4)
Fulfillment of the above duty by the Board of Supervisors will
entail a substantial cost directly attributable to the impact of new
development.
(5)
The Board of Supervisors is empowered by law to impose all or
a portion of said cost upon new development.
(6)
The amount of the impact fee to be imposed shall be determined
by the cost of the additional transportation improvements needed to
meet such minimum capacity standards, which public facilities shall
be identified in a capital improvement program, considering the projected
growth and development in the transportation district.
(7)
The Township hereby finds and declares that an impact fee imposed
upon residential and nonresidential development in order to assist
in the financing of specified major transportation capacity improvements
in designated transportation district subareas, the demand for which
is uniquely created by such development, is in the best interest of
the Township and its residents, is equitable, and does not impose
an unfair burden on such development.
B.
Conditions and Standards.
(1)
The conditions and standards for the determination and imposition
of the impact fee set forth herein are those set forth in Act 209
of 1990, December 19, 1990, P.L. 1343, No. 209, and any and all amendments
thereto (hereinafter the "Act"), 53 P.S. § 10501-A et seq.,
and consist of:
(a)
The recitals set forth above.
(b)
The analysis, advice and recommendations of the Impact Fee Advisory
Committee.
(c)
The land use assumptions as adopted by the Board of Supervisors.
(d)
The roadway sufficiency analysis as adopted by the Board of
Supervisors.
(e)
The Transportation Capital Improvements Plan as adopted by the
Board of Supervisors.
(f)
Such other conditions and standards as the Board of Supervisors
may by resolution identify from time to time as being relevant and
material to the imposition of an impact fee and consistent with the
provisions of the Act and any amendments thereto.
(2)
The collection, disbursement and accounting impact fees shall
be administered by the Township Treasurer, subject to review, oversight
and control by the Board of Supervisors.
[Amended by A.O.]
(3)
Such exemptions as the Board of Supervisors shall choose to enact shall be as set forth in § 25-111 of this Part.
[Ord. 2008-02, 9/17/2008, § 4]
The terms and definitions set forth in § 502-A of
the Act, 53 P.S. § 10502-A, are hereby adopted and incorporated
in this Part by reference.
[Ord. 2008-02, 9/17/2008, § 5]
There is hereby enacted an impact fee to be imposed upon new development for the purpose of off-site transportation capital improvements authorized by the Act and as described in the program adopted by the Board of Supervisors. Said impact fee shall apply to all new developments or subdivisions within the transportation service area identified herein and shall be a condition precedent to final approval of a development or a subdivision plan or issuance of a building permit. In instances where development or improvement will cause an increase in the trip generation within the meaning of this Part, which development or improvement does not require subdivision or land development approval, the impact fee shall be determined as of the date of the issuance of a building permit for such improvements paid at the time of issuance. To the extent that an applicant proposes the construction of road improvements contained in the Transportation Capital Improvements Plan which improvement is to be performed by the applicant, the applicant shall post financial security in an amount sufficient to cover the cost of construction in a manner prescribed by Chapter 22, Subdivision and Land Development.
[Ord. 2008-02, 9/17/2008, § 6]
Impact fees collected pursuant to this Part shall be expended
for costs incurred for improvements attributable to new development
and designated in the Transportation Capital Improvements Plan adopted
by the Board of Supervisors for improvements within the transportation
service area in which the new development will be located. Additionally,
such fees may be used for the acquisition of land and rights-of-way,
engineering, legal and planning costs, and all other costs, including
debt service related to road improvements within the designated service
area, and including such proportionate amount of the roadway sufficiency
analysis as is allowed under the provisions of the Act.
[Ord. 2008-02, 9/17/2008, § 7]
1.
The following documents, previously adopted by the Board of Supervisors,
are hereby incorporated by reference in this Part:
[Ord. 2008-02, 9/17/2008, § 8]
As outlined in § 505-A (h), 53 P.S. § 10505-A(h),
developments generating more than 1,000 new peak-hour trips, net pass
by, must complete a traffic analysis, reviewed and approved by the
Township, to determine if additional impact fees are required. Any
such studies required by the Township shall be submitted prior to
the imposition of the impact fee and shall be considered in the determination
of the fee.
[Ord. 2008-02, 9/17/2008, § 9]
This Part shall be uniformly applicable to all development that
occurs within the Transportation Service Area.
[Ord. 2008-02, 9/17/2008, § 10]
No building permit shall be issued for a development in the
designated transportation area, as herein defined, unless the applicant
therefor has paid the "impact fee" imposed by and calculated pursuant
to this Part.
[Ord. 2008-02, 9/17/2008, § 11]
(Reserved)
[Ord. 2008-02, 9/17/2008, § 12]
1.
The impact fee for transportation capital improvements shall be based
upon the total costs of the road improvements included in the adopted
Transportation Capital Improvements Plan within the given transportation
service area attributable to and necessitated by new development within
the service area as defined, divided by the number of anticipated
peak-hour trips generated by all new development consistent with the
adopted land use assumptions and calculated in accordance with Trip
Generation published by the Institute of Transportation Engineers
(current edition) which is hereby adopted by the Township, to equal
a per-trip cost for transportation improvements within the service
area.
2.
The specific impact fee for a specific new development or subdivision
within the transportation service area for road improvements shall
be determined as of the date of preliminary land development or subdivision
approval by multiplying the per-trip cost established for the service
area, as determined Exhibit 25-B[1] and incorporated herein by reference, by the estimated
number of trips to be generated by the new development or subdivision
using generally accepted traffic engineering standards.
[1]
Editor's Note: Exhibit 25-B is included as an attachment to this chapter.
3.
The Board of Supervisors may authorize or require the preparation
of a special transportation study in order to determine traffic generation
or circulation for nonresidential developments to assist in the determination
of the amount of the transportation fee for such development or subdivision.
[Ord. 2008-02, 9/17/2008, § 13]
The transportation service area is established as shown on the
"Transportation Service Area Map" (attached hereto as Exhibit 25-A
and incorporated herein by reference).[1]
[1]
Editor's Note: Exhibit 25-A is included as an attachment to this chapter.
[Ord. 2008-02, 9/17/2008, § 14]
Prior to making an application for a building permit, an applicant
may request a nonbinding impact fee estimate from the Township, which
shall be based upon the maximum development potential of the site
pursuant to existing zoning regulations, unless the applicant specifies
a lesser use of development. The applicant will reimburse the Township
for the cost of preparing the estimate.
[Ord. 2008-02, 9/17/2008, § 15]
1.
Collection of Impact Fee. Impact fees due pursuant to this Part shall
be collected by the Township in the manner or manners prescribed herein
prior to the issuance of a building permit.
2.
Establishment of Fund. Upon receipt of impact fees, the Township
Secretary-Treasurer shall be responsible for the separate and proper
accounting of such fees. All such fees shall be deposited in interest-bearing
accounts in a bank authorized to receive deposits of the Township
funds. Interest earned by each account shall be credited to that account
and shall be used solely for the purpose specified for funds of such
account.
3.
Establishment and Maintenance of Accounts. The Township Secretary-Treasurer
shall establish appropriate trust fund accounts and shall maintain
records.
4.
Maintenance of Records. The Township Secretary-Treasurer shall maintain
and keep adequate financial records for each such account which shall
show the source and disbursement of all revenues, which shall account
for all monies received, and which shall ensure that the disbursement
of funds from each account shall be used solely and exclusively for
the provision of projects specified in the program for the particular
transportation district subarea.
[Ord. 2008-02, 9/17/2008, § 16]
Payment of the transportation capital improvements impact fee
shall be made by the traffic generator prior to the issuance of a
building permit by the Township to the traffic generator for development
on the applicable site.
[Ord. 2008-02, 9/17/2008, § 17]
1.
Any applicant who shall perform, at his own expense and with the
consent and agreement of the Board of Supervisors, off-site improvements,
as herein defined, shall be eligible for a credit from 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.
A.
If the applicant makes such improvements, he must enter into an agreement
with the Board of Supervisors 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, a requirement
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 Board of Supervisors. The
Board of Supervisors 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 shall the Board of Supervisors
provide a credit which is greater than the applicable impact fee.
Provided, any such applicant shall be required to supply financial
security sufficient, in the judgment of the Township, to cover the
cost of any such improvement installed by the applicant for which
credit is sought.
B.
An applicant shall be entitled as a credit against impact fees an
amount equal to the value of any road improvement construction which
is contained in the Transportation Capital Improvements Plan and which
was performed at the applicant's expense.
[Ord. 2008-02, 9/17/2008, § 18]
1.
Impact fees collected pursuant to this Part shall be refunded, together
with interest earned thereon, to the payer of the fees under the following
circumstances:
A.
In the event the Township completes or terminates the capital improvements
plan and there remain undisbursed funds, the respective payers shall
be entitled to a share of the fund balance in the same proportion
as the payer's impact fee payment plus interest earned bears to the
total impact fees collected plus interest.
B.
In the event any specific road improvement project is completed at
a cost to the Township less than 95% of the budgeted cost of the road
project, the Township shall refund an amount equal to the excess budgeted
cost over actual cost to the payers, pro rata, plus accumulated interest.
C.
In the event the Township fails to commence construction within three
years of the scheduled construction date of the project as set forth
in the Transportation Capital Improvements Plan, the Township shall
refund the portion of the fee paid by any payer making written request
thereof which is attributable to said project, with accumulated interest,
provided no refund shall be paid with respect to any project actually
begun prior to the receipt of such refund request.
D.
In the event the development for which impact fees were paid has
not commenced prior to the expiration of the building permit issued
therefore, the impact fees paid with accumulated interest shall be
refunded to the payer. Further, if a building permit after issuance
is altered in such a way as to reduce the indicated impact fee, the
difference between the amount indicated and the amount actually paid
shall be refunded. The payer, at his option, may roll over the impact
fees attributable to an expired building permit to cover fees incurred
by a renewal of said expired permit.
2.
With respect to refunds arising out of Subsection 1A or B hereof, any funds unclaimed within one year after notice as required by law shall be transferred to the general account of the Township, and the payer's entitlement to said refund shall lapse. It is the responsibility of the payer to provide the Township with the current address of his place of business.
[Ord. 2008-02, 9/17/2008, § 19]
This Part shall not affect, in any manner, the permissible use
of property, density of development, previously adopted design and
improvement standards and requirements or any other aspect of the
development of land or provision of public improvements which remain
subject to applicable zoning, subdivision and PRD regulations of the
Township, which shall be operative and remain in full force and effect
without limitation with respect to all such development.
[Ord. 2008-02, 9/17/2008, § 20]
The impact fee is additional and supplemental to, and not in
substitution of, any other requirements imposed by the Township on
the development of land or the issuance of building permits. Nothing
herein contained shall be deemed to alter or affect the Township's
existing ordinances and regulations regarding on-site improvements.
In no event shall a property owner be obligated to pay for transportation
capital improvements in an amount in excess of the amount calculated
pursuant to this Part; provided, however, that a property owner may
be required to pay; pursuant to Township ordinances, regulations or
policies, for other public facilities in addition to the impact fee
for transportation improvements as subdivided herein.
[Ord. 2008-02, 9/17/2008, § 21]
The provisions of this Part shall be liberally construed to
effectively carry out its purposes which are hereby found and declared
to be in furtherance of the public health, safety, welfare and convenience.
[Ord. 2008-02, 9/17/2008, § 22]
Franklin Township previously adopted Ord. 91-04, 11/21/1991,[1] enacted in accordance with the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10504(A) et seq., establishing
traffic impact fees to be applied to applications for subdivision,
land development and PRD. The fees established by Ord. 91-04 are not
repealed and remain in effect. The impact fees set forth in Ord. 91-04
shall apply to all pending applications that may not be subject to
the impact fee provisions of this Part.
[1]
Editor's Note: Ord. 91-04, 11/21/1991, is on file in the Township
offices.
[Ord. 2008-02, 9/17/2008, § 24]
This Part shall take effect immediately upon its passage.
[Ord. 2008-02, 9/17/2008, § 25]
1.
Notwithstanding § 25-123 hereof, impact fees may be imposed on those projects involving developments, subdivisions and PRDs for which an application has been filed on or after the first publication of notice of the Township's intent to adopt this Part; provided, however, that such retroactivity does not exceed 18 months after the adoption of the resolution that created the advisory committee in connection herewith.
2.
In retroactive applications, the per-trip fee may not exceed $1,000
or the actual calculated fee, whichever is less.
