Agenda - Planning Commission - 10/04/2012

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July 10, 2012 I Volume 6 I No. 13 Zoning Bulletin See also: Asche v. Bloomquist, 132 Wash. App. 784, 133 P.3d 475 (Div. 2 2006), as amended, (Apr. 4, 2006). Case Note: After making its conclusion as to the interpretation of "land use decision," the court did not explicitly decide whether Ferguson's LUPA appeal was timely; rather, the court remanded the matter to the lower court to make that determination. However, since Ferguson's appeal (brought on August 9, 2010), was brought within 21-days of the "land use decision" (the Planning Commission's July 21, 2010 decision), it is expected that the lower court will find it was filed timely. Fees —Township imposes "impact fees" upon applicants for zoning certificates for new construction or redevelopment Applicants contended "impact fees" are actually taxes, unauthorized under Ohio statute Citation: Drees Co. v. Hamilton Twp., 2012-Ohio-2370, 2012 WL 1957881 (Ohio 2012) OHIO (05/3 1/12)—This case addressed the issue of whether an "impact fee" imposed by a township upon applicants for zoning certificates for new construction or redevelopment within the township's unincorporated areas, was a tax —unauthorized under Ohio's home rule statute (R.C. 505.04(A)(1)). The Background/Facts: Hamilton Township (the "Township") is a town- ship that has adopted a limited -home -rule government, as defined under Ohio's home rule statute. In May 2007, the Township adopted an Amended Resolution. The resolution adopted a schedule of fees to be charged to ap- plicants for zoning certificates for new construction or redevelopment within unincorporated areas of the Township. The resolution included four categories of fees: a road -impact fee; a fire -protection -impact fee; a police -protection - impact fee; and a park -impact fee. The purpose of the impact fee was "to ben- efit the property by providing the Township with adequate funds to provide the same level of service to that property that the Township currently affords previously developed properties." The impact fee assessed was intended to offset increased services and improvements needed because of the new development. The amount of the fees varied based upon the land use. All impact fees collected by the township were deposited into impact -fee accounts, not into a general fund. The township would not issue a zoning certificate until the applicant had paid the applicable impact fee. Several developers, including the Drees Company, Fischer Single Family 4 © 2012 Thomson Reuters