2006 Session

Budget Amendments - HB30 (Member Request)

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Chief Patron: Marshall R.
Transp Fees - Comm and Resid (language only)

Item 443 #5h

Item 443 #5h

Transportation, Department of

Page 378, after line 47, insert:
"E. Any locality that declines to approve new commercial or residential development because of a lack of adequate transportation infrastructure is authorized to collect from the developer of a subdivision or commercial building an impact fee to cover the costs of capital transportation improvements attendant upon new residential or commercial construction which are the responsibility of the Commonwealth.  If such fee is offered by a developer, the locality may not decline to approve the development.  The fee is to be collected at the time of the issuance of a building permit.  The locality is to collect the fee levied by a locality from the builder of each new residential or commercial unit constructed in the locality or region serving new residential and commercial development until it determines that the transportation needs in the locality or region are being adequately met and are likely to remain so for at least the next five years.  The fee shall be based on standards and criteria established by the locality, including but not limited to (i) average levels of traffic congestion and vehicle miles traveled by residents in such locality or region, (ii) the pro-rata impact of each residential or commercial unit on the existing transportation network, and (iii) the pro-rata impact of each additional residential or commercial unit on the costs of improving, expanding or developing new transportation systems in order to adequately meet the needs of such new development.  The locality shall allocate all fees collected under these provisions to a special account named the Local and Regional Transportation Trust Fund on behalf of the locality or localities that decline to approve new development because of a lack of transportation infrastructure.  The locality shall make disbursements from such account only for the improvement, maintenance or expansion of the transportation system in such locality or region.  Upon a determination by the locality that the local or regional transportation system is adequate and is likely to remain adequate for at least the next five years, the locality shall cease to decline to approve projects for any lack of transportation infrastructure.  If a locality has established a proffer system for capital transportation improvements for residential and commercial construction which meets the, and the proffer collected by the locality meets the transportation capital costs for new residential and commercial development specified herein as determined by the locality, no transportation fee is to be collected."

(This amendment requires the assessment of transportation impact fees by localities if new residential development cannot adequately be accommodated by the existing transportation system. Such funds would be deposited into the Transportation Trust Fund and used for improvements in the affected localities or region.)