Condition imposed on approval for ethanol plant requiring impact fee based on amount of ethanol produced was not permitted under the MPC.
In re Appeal of Maibach, LLC, 26 A.3d 1213 (Pa. Commw. Ct. 2011).
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Municipal Capital Improvement; Impact Fees
Koontz v. St. Johns River Water Mgmt. Dist. (2013)
Impact fees must be roughly proportional to the impact of the project and have a nexus to the impact of the project.
Koontz v. St. Johns River Water Mgmt. Dist., 133 S. Ct. 2586 (2013).
Metro Bank v. Bd. of Comm’rs of Manheim Twp. (2015)
"Pass-by trips" may be included when calculating impact fees associated with Section 505-A(a)(2) of the MPC and Transportation Capital Improvements Plans.
Metro Bank v. Bd. of Comm’rs of Manheim Twp., 120 A.3d 426 (Pa. Commw. Ct. 2015).
Trojnacki v. Board of Supervisors of Solebury Twp. (2004)
J. Trojnacki v. Board of Supervisor Solebury Twp, (Pa. Cmwlth. 2003), 842 A.2d 503