[Adopted 10-10-1994 by Ord.
No. 213]
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 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.
A.
Legislative findings.
(1)
The residents, taxpayers and users of transportation
capital improvements in Transportation Service Area II 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 in Transportation Service Area II 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
in Transportation Service Area II is adequate to meet the needs of the residents
and users of transportation capital improvements in Franconia Township. Additional
transportation capital improvements in Transportation Service Area II 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
Transportation Service Area II 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 Transportation
Service Area II in 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 21 and May 5, 1993.
(2)
The analysis, advice and recommendations of the Impact
Fee Advisory Committee created by Resolution No. 91-03-08-04, dated April
8, 1991, and reaffirmed for Study Area II in Resolution No. 93-07-12-04, dated
April 12, 1993.
(3)
The Land Use Assumptions Report as adopted by the Board
of Supervisors by Resolution No. 94-10-09-05, dated May 9, 1994.
(4)
The Roadway Sufficiency Analysis for Transportation Service
Area II as adopted by the Board of Supervisors by Resolution No. 94-14-12-09,
dated September 12, 1994.
(5)
The Capital Improvement Program Report for Transportation
Service Area II as adopted by the Board of Supervisors by Resolution No. 94-14-12-09,
dated September 12, 1994.
(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 for Transportation
Service Area II consistent with the provisions of the Act and any amendments
thereto.
A.
"Dwelling unit," "residential," "commercial," "industrial" and references to other approved uses shall have the meanings as defined and authorized by Chapter 145, Zoning.
B.
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
PERSON
SUBDIVISION
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:
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts or
parcels of land for any purpose involving:
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
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.
A subdivision of land.
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.
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 exempt.
[1]
Editor's Note: See 53 P.S. § 10502-A.
A.
There is hereby imposed an impact fee to be assessed
on all new land development in Transportation Service Area II for the purpose
of defraying the cost of off-site public transportation capital improvements
authorized by the Act and described in the Transportation Capital Improvement
Plan for Transportation Service Area II. Said impact fee shall apply to all
new land development and subdivisions within Transportation Service Area II
identified herein and shall be a condition precedent to final approval of
a land development or subdivision plan in Transportation Service Area II,
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. 94-22-10-10, dated October 10, 1994, which is incorporated
in this article by reference.
B.
The impact fee for transportation capital improvements
shall be based upon the total cost of the road improvements included in the
Transportation Capital Improvements Plan for Transportation Service Area II
attributable to and necessitated by new land development within Transportation
Service Area II as defined herein, divided by the number of anticipated peak-hour
trips generated by all new land development in Transportation Service Area
II 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 Transportation Service Area II 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.
Within Transportation Service Area II, the Board of Supervisors
may authorize or require the preparation of a special transportation study
in order to determine traffic generation 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
of development.
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:
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.
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 receipts 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 Transportation Service Area II.
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 for Transportation
Service Area II adopted by the Board of Supervisors for improvements within
each of the transportation service areas in which the new land 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 it allows under the provisions of the Act.
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,[1] as amended, 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 applicable 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.
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.
