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 to the Pennsylvania Municipalities Planning Code, as reenacted
and amended by the Act of December 21, 1988, P.L. 1329, No. 170. 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.
The terms and definitions set forth in Section 502-A of the Act 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.
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.
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.
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.
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.