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Township of Springfield, PA
Montgomery County
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[HISTORY: Adopted by the Board of Commissioners of the Township of Springfield 4-9-1986 by Ord. No. 741.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 13.
Street and highway widths — See Ch. 89.
Streets and sidewalks — See Ch. 92.
Vehicles and traffic — See Ch. 107.
[1]
Editor's Note: This ordinance was originally adopted as Ch. 93 but was renumbered as Ch. 103 to in order to maintain the alphabetical sequence of the Code.
Terms, words or phrases used in administering these regulations and the district shall have the meanings as defined in Section 106 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended. In addition, the following definitions also apply:
ANNUAL TRIPS
The sum of all trips generated by the development over a twelve-month annual period.
BUILDING PERMIT
Those permits authorizing a developer to proceed into construction, which are issued by the township.
DISTRICT FUNDS
A dedicated fund established by the Treasurer of the Township of Springfield and known as the "Highway-Transit Improvement Fund" for the receipt of all assessments and the expenditures for transportation improvement.
IMPROVEMENT PROGRAM
The multi-year plan and program prepared and adopted by the Board of Commissioners of Springfield Township in accordance with Section 4 of Act 47 of 1985, the Transportation Partnership Act.
TRIP
A single or one-direction vehicle movement with either the origin or destination inside the development. This and other definitions concerning trips and trip generation are those used in the report, Trip Generation, Third Edition, Institute of Transportation Engineers, 1983, Washington, D.C., Part 1, Introduction.
TRIP FEE
The rate of assessment per trip established by the Township Commissioners.
The Board of Commissioners of the Township of Springfield hereby establishes a Transportation Development District encompassing the entire township and directs that an annual and multi-year transportation improvement program be prepared and maintained as required by Section 4 of the Act of July 9, 1985, No. 47, including the coordination of the plan as required.
A. 
The Department of Community Development shall prepare and maintain a township transportation assessment regulation using the Trip Generation Report, as published and updated by the Institute of Transportation Engineers, Third Edition, 1983.
B. 
These regulations shall apply to all real property development occurring anywhere in the Township of Springfield except:
(1) 
Renovations, rehabilitation or improvement to existing residential units.
(2) 
Tax-exempt properties granted exemption by the County Board of Assessment.
(3) 
Adaptive reuse and rehabilitation of existing vacant buildings for any use, but not additions to the buildings.
The Board of Commissioners in accordance with Section 3(a)(2) of Act 47 hereby establishes a one-time assessment of $0.10 per trip on all trips generated on an annual basis for the construction of all new residential dwelling units and the construction, including additions and renovations, of all commercial, institutional and industrial construction as determined by the Trip Generation Report, except as provided hereunder:
A. 
No assessment shall be made until a highway-transit improvement plan is approved by the Board of Commissioners of Springfield Township.
B. 
For developments that are covered by the Transportation Development District of Montgomery County and are subject to the County Highway-Transit Improvement Fund, the township assessment shall be reduced by 50%, provided that the developer shows proof of payment to the county. In the event that the developer has not made payment as required by Montgomery County's Transportation Development District prior to the issuance of a building permit, the township will:
(1) 
Accept a deferred payment agreement for 50% of the township's assessment under this chapter, and said deferred payment agreement would subsequently become null and void when proof of payment to the county is submitted to the township; or
(2) 
Accept the full assessment as levied by this chapter and issue a refund of 50% at such time as the developer shows proof of payment to the county.
The Department of Community Development shall be responsible for:
A. 
Calculating the assessment to be levied on developers of property.
B. 
Entering into an agreement with developers for payment of the assessment, subject to the approval of the Township Manager.
C. 
Issuing certificates of assessment payment.
D. 
Depositing all payment with the Treasurer in a Highway-Transit Improvement Fund.
The Township Solicitor shall prepare agreements between developers and the township for payment of the assessments.
The Township Treasurer shall establish a Highway-Transit Improvement Fund where all funds from developers shall be deposited, as well as any other funds or grants from other governments or sources that are transmitted for transportation improvement purposes.
The expenditure of funds from the Highway-Transit Improvement Fund shall be by order of the Board of Commissioners in accordance with the adopted transportation improvement program and capital budget.
The provisions of this chapter are severable, and if any Article, section, clause, sentence, part or a provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining Articles, sections, sentences, clauses, parts or provisions of this chapter. It is hereby declared to be the intent of the Board that this chapter would have been adopted if such illegal, invalid or unconstitutional Article, section, sentence, clause, part or provision had not been included herein.