Township of Franconia, PA Article I Transportation Capital Improvement Impact Fee

[Adopted 12-9-1991 by Ord. No. 187]

§ 71-1 Legislative intent.

By this article, the Board of Supervisors of Franconia Township intends to serve the purposes authorized by Act 209 of 1990 (herein the "Act") which added Article V-A[1] to the Pennsylvania Municipalities Planning Code, as reenacted and amended by the Act of December 21, 1988, P.L. 1329, No. 170.[2] In furtherance thereof, the provisions of this article are deemed necessary to ensure that the cost of needed capital improvements is applied to new land developments in a manner that will allocate equitably the cost of those improvements among property owners and to develop revenue sources to fund new capital infrastructure.

[1] Editor's Note: See 53 P.S. § 10501-A et seq.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

§ 71-2 Findings.

A. Legislative findings.

(1) The residents, taxpayers and users of transportation capital improvements in Franconia Township have contributed significant funds, in the form of taxes, toward the cost of existing transportation capital improvements, which represent a substantial and incalculable investment in those improvements.

(2) Franconia Township is experiencing increased demand for development of ground, causing strain on tax revenues and impairing the ability of taxpayers, residents and users to bear the cost of increased demand for transportation capital improvements.

(3) The existing capacity of transportation capital improvements is adequate to meet the needs of the residents and users of transportation capital improvements in Franconia Township. Additional transportation capital improvements caused by future land development will be of little, if any, benefit to the existing residents and users in Franconia Township. Equitable considerations require that future residents and users of transportation capital improvements in Franconia Township bear their fair share of the increased cost caused by future land development.

B. Specific findings and conditions. The Board of Supervisors hereby finds and declares that the conditions and standards for the determination and imposition of a transportation capital improvement impact fee for Franconia Township set forth in the Act have been fulfilled by the following documents previously adopted by the Board of Supervisors, which are hereby incorporated by reference in this article:

(1) Advertisement of the intent of Franconia Township to adopt this article in the Souderton Independent on April 10 and April 24, 1991.

(2) The analysis, advice and recommendations of the Impact Fee Advisory Committee created by Resolution No. 91-03-08-19-04, dated April 8, 1991.

(3) The Land Use Assumptions as adopted by the Board of Supervisors by Resolution No. 914646-09, dated September 16, 1991.

(4) The Roadway Sufficiency Analysis as adopted by the Board of Supervisors by Resolution No. 91-204241, dated November 12, 1991.

(5) The Transportation Capital Improvement Plan as adopted by the Board of Supervisors by Resolution No. 91-204241, dated November 12, 1991.

(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 a transportation capital improvement impact fee consistent with the provisions of the Act and any amendments thereto.

(7) The Impact Fee Schedule as established by Township Resolution No. 91-24-0942, dated December 9, 1991, and incorporated into this article by reference.[1]

[1] Editor's Note: Said schedule is on file in the office of the Township Secretary-Manager.

(8) The designation of transportation districts as set forth on the Transportation Service Area Map identified as Exhibit A to this article and incorporated herein by reference.[2]

[2] Editor's Note: Exhibit A is on file in the office of the Township Secretary-Manager.

§ 71-3 Definitions.

The terms and definitions set forth in Section 502-A of the Act[1] are hereby adopted and incorporated in this article by reference. In addition, the following words and phrases as used herein shall have the meanings indicated below:

A. The terms "dwelling unit," "residential," "commercial," "industrial" and references to other approved uses shall have the meanings as defined and authorized by Chapter 145, Zoning.

B. The following terms shall have the meanings indicated:

LAND DEVELOPMENT

Any of the following activities:

(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(2) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or

(3) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

(4) A subdivision of land.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise and any other legal entity whatsoever which is recognized by law as a subject of rights and duties.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

[1] Editor's Note: See 53 P.S. § 10502-A.

§ 71-4 Imposition of fee.

A. There is hereby imposed an impact fee to be assessed on all new land development for the purpose of defraying the cost of off-site public transportation capital improvements authorized by the Act and described in the Transportation Capital Improvements Plan. Said impact fee shall apply to all new land development and subdivisions within the transportation service area identified herein and shall be a condition precedent to final approval of a land development or subdivision plan, and payment thereof shall be made at the time of issuance of building permits. The amount of the impact fee is established by the Impact Fee Schedule adopted by Resolution No. 91-24-09-19-12, dated December 9, 1991, which is incorporated in this article by reference.

B. The impact fee for transportation capital improvements shall be based upon the total costs of the road improvements included in the Transportation Capital Improvements Plan within a given transportation service area attributable to and necessitated by new land development within the service area as defined herein, divided by the number of anticipated peak-hour trips generated by all new land development consistent with the adopted Land Use Assumptions and calculated in accordance with the Trip Generation Manual published by the Institute of Transportation Engineers, Fifth Edition, 1991, or subsequent additions, which is hereby adopted by the township, to equal a per-trip cost for transportation improvements within the service area.

C. The specific impact fee for a specific new land development or subdivision within the 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 in Subsection B hereof by the estimated number of trips to be generated by the new land development or subdivision, using generally accepted traffic engineering standards.

D. 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 land development to assist in the determination of the amount of the transportation capital improvements impact fee for such land development or subdivision; 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 Transportation Capital Improvements Plan.

E. 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.

§ 71-5 Transportation service areas.

The transportation service area is established as shown on the Transportation Service Area Map which is incorporated into this article by reference. Additional transportation district subareas or combinations of transportation district subareas may be designated by the Board of Supervisors from time to time consistent with the procedures set forth in the Act and in consideration of the following factors:

A. The Comprehensive Plan adopted by the township pursuant to the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

B. Any standards for adequate public facilities incorporated into the Transportation Capital Improvements Plan.

C. The projected build-out and timing of development areas.

D. The need for and cost of unprogrammed transportation improvements necessary to support projected development.

E. Such other factors as the Board of Supervisors may deem relevant.

§ 71-6 Administration.

A. Impact fees due pursuant to this article shall be collected by the township as herein prescribed at the time of the issuance of building permits.

B. Upon receipt of impact fees, the Township 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 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. The Township Treasurer shall establish the appropriate required accounts and shall maintain records so that the impact fees collected can be segregated for each transportation service area or transportation district subarea. Such records shall show the source and disbursement of all revenues, shall account for all moneys received and shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the transportation capital improvement projects specified in the Transportation Capital Improvements Plan for the particular transportation area or district subarea.

C. Impact fees collected pursuant to this article shall be expended for costs incurred for improvements attributable to new land development and designated in the Transportation Capital improvements Plan adopted by the Board of Supervisors for improvements within each of the transportation service areas in which the new land development shall 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 it allows under the provisions of the Act.

§ 71-7 Credits and refunds.

A. Any person liable for payment of an impact fee pursuant to the terms of this article who shall install and construct, at his own expense and with the consent and agreement of the Board of Supervisors, off-site improvements as herein defined may 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 otherwise payable.

B. Any person otherwise liable for payment of an impact fee pursuant to this article desiring to construct and install such off-site improvements must enter into an agreement with the township prior to the issuance of any building permit. The agreement must establish the estimated cost of the improvements, a schedule for initiation and completion of the improvements, a requirement that the improvement be completed to the standards and design criteria of the township and the Pennsylvania Department of Transportation and such other terms and conditions as deemed necessary by the Board of Supervisors. The Board of Supervisors shall review the improvement plan, verify the costs and time schedule, 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. If the amount of the credit due is calculated to be greater than the amount of the impact fee otherwise payable, the applicant may use such excess credit toward the impact fee imposed on other building permits for land development on the same site and in the same ownership; provided, however, that such person shall be required to provide financial security for such off-site improvement in the amount and on the terms required by Section 509 of the Pennsylvania Municipalities Planning Code, as amended,[1] as implemented by § 122-38 of the Franconia Township Code of Ordinances. The fair market value, determined as of the date of submission of a land development or subdivision application to the township, of land dedicated to and accepted by the township for future right-of-way, realignment or widening of any existing roadways contained in the transportation capital improvement program shall constitute an eligible cost in the calculation of the credit.

[1] Editor's Note: See 53 P.S. § 10509.

C. Impact fees collected pursuant to this article shall be refunded, together with interest earned thereon, under the circumstances set forth in Section 505-A(g) of the Act.[2]

[2] Editor's Note: See 53 P.S. § 10505-A(g).

§ 71-8 Retroactive application.

Notwithstanding any other provision of this article, transportation capital improvement impact fees may be imposed on land developments and subdivisions for which an application has been filed on or after the first publication of notice of the township's intent to adopt this article; provided, however, that such retroactivity shall not exceed 18 months after the adoption of the resolution that created the Advisory Committee. The retroactive per-trip fee may not exceed $1,000 or the actual fee calculated under the provisions of this article, whichever is less.

§ 71-9 Applicability; construal.

A. This article shall be applied uniformly to all land development and subdivisions within a designated transportation service area.

B. If this article or any sentence, clause, section or part of this article is for any reason found to be incomplete in respect to the requirements of the Act or inconsistent with the requirements of the Act, then the requirements of the Act shall control.

C. This article shall not affect in any manner the permissible use of land, the density of development, previously adopted design and land improvement standards and requirements or any other aspect of the development of land or provision for public improvements contained in Chapter 122, Subdivision and Land Development, and Chapter 145, Zoning.

D. The transportation capital improvements impact fee imposed by this article is additional and supplemental to and not in substitution of all 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 as to which the township requires public improvements and amenities in addition to the impact fee for transportation improvements provided herein.

E. The provisions of this article shall be liberally construed to carry out its purposes effectively.