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 transportation capital improvements
is applied to new land developments in a manner that will equitably allocate
the cost of those improvements among property owners and to develop revenue
sources to fund new capital infrastructure in Transportation Service Area
II.
Transportation Service Area II 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 for Transportation Service
Area II.
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
in Transportation Services Area II for which an application has been filed
on or after the first publication of notice of the township's intent to adopt
this article. The retroactive per-trip fee may not exceed $1,000 or the actual
fee calculated by the provisions of this article, whichever is less.
This article shall be applied uniformly to all land development and
subdivision within Transportation Service Area II as defined herein.
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.
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 Articles
I through
IX of Chapter
122, Subdivision and Land Development, and Chapter
145, Zoning.
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.
The provisions of this article shall be liberally construed to carry
out its purposes effectively.