[HISTORY: Adopted by the Board of Supervisors of Franklin Township 11-2-2006
by Ord. No. 2006-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided that impact fees
could be imposed on developments and subdivisions applied for on or after
the publication of notice to adopt this chapter, provided that such retroactivity
did not exceed 18 months after creation of the Traffic Advisory Committee,
and stated that in retroactive applications the per-trip fee would be the
lesser of $1,000 or the actual calculated fee.
This chapter shall be known as the "Franklin Township Traffic Impact
Fee chapter."
The purpose of this chapter is to establish an impact fee program ("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.
The Board of Supervisors hereby finds and declares that:
A.
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, and any and all amendments thereto (hereinafter the "Act"), and consist
of:
(2)
The analysis, advice and recommendations of the Impact
Fee Advisory Committee;
(3)
The Land Use Assumptions as adopted by the Board of Supervisors;
(4)
The Roadway Sufficiency Analysis as adopted by the Board
of Supervisors;
(5)
The Transportation Capital Improvements Plan, as adopted
by the Board of Supervisors; and
(6)
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.
B.
The collection, disbursement and accounting of impact
fees shall be administered by the office of the Secretary-Treasurer, subject
to review, oversight and control by the Board of Supervisors.
C.
The time, method and procedure for payment of impact fees shall be as set forth in § 155-16 of this chapter.
The terms and definitions set forth in Section 502-A of the Act of Dec.
19, 1990, P.L. 1343, No. 209, as amended ("the Act"; also found in 53 P.S.
§ 10502-A.) are hereby adopted and incorporated in this chapter
by reference.
There is hereby enacted an impact fee to be imposed upon new development
for the purpose of off-site public 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
each of the transportation service areas identified herein and shall be a
condition precedent to final approval of a development or a subdivision plan
or issuance of a building permit.
Impact fees collected pursuant to this chapter 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
on November 2, 2006, for improvements within each of the transportation service
areas 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.
The following documents, previously adopted by the Board of Supervisors,
are hereby incorporated by reference in this chapter:
A.
Land Use Assumptions as adopted by the Township Board
of Supervisors on April 6, 2006;
B.
Roadway Sufficiency Analysis as adopted by the Traffic
Advisory Committee on October 5, 2006;
C.
The Transportation Capital Improvements Plan as adopted
by the Board of Supervisors on November 2, 2006;
D.
The initial interim impact fee and committee appointment
as established by Township Resolution No. 2005-7, adopted on June 2, 2005;
and
Where intended to assist in determining the appropriate amount of traffic
impact fees, the Township may require the preparation of special transportation
studies to determine the traffic generation or circulation patterns in new
nonresidential developments only; provided, however, that no studies may be
required where the proposed development will not require a deviation from
the land use assumptions used to create the program. 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.
This chapter shall be uniformly applicable to all development that occurs within a designated transportation service area or a designated sub-area (see § 155-13).
No building permit shall be issued for a development in a designated
transportation district sub-area, as herein defined, unless the applicant
therefor has paid the impact fee imposed by and calculated pursuant to this
chapter.
(Reserved)
A.
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 a given transportation
service area attributable to and necessitated by new development within the
service area as defined, divided by the number of anticipated weekday afternoon
peak-hour trips generated by all new development consistent with the adopted
Land Use Assumptions and calculated in accordance with the Trip Generation
Manual published by the Institute of Transportation Engineers, 7th or subsequent
editions, which is hereby adopted by the Township, to equal a per-trip cost
for transportation improvements within the service area.
B.
The specific impact fee for a specific new development or subdivision within the service area for road improvements shall be determined as of the date of land development or subdivision approval by multiplying the per-trip cost established for the service area as determined in § 155-12A hereof by the estimated number of trips to be generated by the new development or subdivision using generally accepted traffic engineering standards. If the Township Engineer determines that the proposed use is not adequately addressed by the said Trip Generation Manual, the estimated number of peak-hour trips may be documented by other relevant studies and/or data, subject to the review by, and approval from, the Township Engineer.
C.
The Board of Supervisors may authorize or require the
preparation of a special transportation study in order to determine traffic
generation or circulation for a new nonresidential development to assist in
the determination of the amount of the transportation fee for such development
or subdivision.
D.
As provided in § 505-A(h) of the Municipalities
Planning Code (as of the date of adoption of this chapter), new developments
that generate 1,000 or more new peak-hour trips may be required to perform
a traffic analysis of the impact outside of the transportation service area
in which the development is located and to mitigate the impacts to maintain
the predevelopment conditions after completion of the development.
E.
As provided in § 504-A(e)(4) of the Municipalities
Planning Code (as of the date of adoption of this chapter), the Board of Supervisors
may, no more often than annually, request the Traffic Impact Fee Advisory
Committee to review the capital improvements plan and impact fee charges and
recommend revisions of them based on the criteria set forth in the said code.
A.
Transportation service areas are established as shown
in Exhibit A (attached hereto and incorporated herein by reference).[1] Additional transportation district sub-areas or combinations of
transportation district sub-areas may be designated by the Board of Supervisors
from time to time consistent with the procedure set forth in this chapter
and in consideration of the following factors:
(1)
The Comprehensive Plan;
(2)
Any standards for adequate public facilities incorporated
in the program;
(3)
The projected buildout and timing of development areas;
(4)
The need for and cost of unprogrammed transportation
improvements necessary to support projected development; and
(5)
Such other factors as the Board of Supervisors may deem
relevant.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
B.
Fees collected from development in each of the transportation
district sub-areas will be used exclusively to fund transportation improvement
projects scheduled for that district.
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 or development.
A.
Collection of impact fee. Impact fees due pursuant to
this chapter shall be collected by the Township in the manner or manners prescribed
herein prior to the issuance of a building permit.
B.
Establishment of fund. Upon receipt of impact fees, the
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.
C.
Establishment and maintenance of accounts. The Secretary-Treasurer
shall establish appropriate trust fund accounts and shall maintain records
whereby impact fees collected can be segregated for each transportation district
sub-area.
D.
Maintenance of records. The 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
sub-area.
Payment of the transportation capital improvements impact fee shall
be made by the developer, builder, owner, agent of the owner, or other traffic
generator prior to the issuance of a building permit or a land use permit
by the Township to anyone for development on the applicable site.
Any applicant who shall perform, at his own expense and with the consent
and agreement of the Board of Supervisors, off-site improvements that fulfill
the needs (in whole or in part) of the applicable transportation improvement
district in accord with the program 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 (if applicable) 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. If, however, the amount of the credit is calculated
to be greater than the amount of the impact fee due, the applicant may use
such excess credit toward the impact fees imposed on other building permits
for development on the same site and in the same ownership.
(1)
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 fair market value of land dedicated by the applicant
and accepted by the Township for future right-of-way, realignment or widening
of existing roadways.
C.
An applicant shall be entitled as a credit against impact
fees an amount equal to the value of any off-site road improvement construction
which is contained in the Transportation Capital Improvements Plan, which
has been approved by the Board of Supervisors, and which was performed at
the applicant's expense. However, nothing herein shall affect the Township's
authority to require an applicant to pay for on-site improvements as provided
in the Township's land use ordinances.
Impact fees collected pursuant to this chapter shall be refunded, together
with interest earned thereon, to the payor 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
payors shall be entitled to a share of the fund balance in the same proportion
as the payor'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 payors, 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 payor making written request therefor
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
therefor, the impact fees paid with accumulated interest shall be refunded
to the payor. 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 payor, 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.
E.
With respect to refunds arising out of Subsection A or B hereof, any funds unclaimed within one year after notice as required by law shall be transferred to the general or other account of the Township, as the supervisors shall direct, and the payor's entitlement to said refund shall lapse. It is the responsibility of the payor to provide the Township with the current address of his place of business.
This chapter 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
and subdivision regulations of the Township, which shall be operative and
remain in full force and effect without limitation with respect to all such
development.
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 chapter; 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.
