In re Appeal of Maibach, LLC, 26 A.3d 1213 (Pa. Commw. Ct. 2011).
Condition imposed on approval for ethanol plant requiring impact fee based on amount of ethanol produced was not permitted under the MPC.
Applicant sought conditional use approval for an ethanol plant. The Township granted the application and imposed nearly 100 conditions. Applicant challenged one condition that imposed a $0.0050/gallon of ethanol produce impact fee intended to be used to “address other issues impacting the general public infrastructures of the Township from the project….” The trial court determined the condition constituted an impermissible impact fee under the MPC. The Commonwealth Court agreed and found the condition imposed a contribution in lieu of capital expenditures and, therefore, violated the MPC. The Commonwealth Court was concerned that the fees were to be placed in the Township’s general fund and were not for site-specific improvements as required by the MPC.
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