Lancaster County launches countywide impact-fee study; consultant outlines legal tests and schedule

Carson Bice of Tischler Bise opened the countywide impact-fee study presentation, telling the Lancaster County Planning Commission that impact fees are a land-use regulation that must meet three legal tests — nexus, benefit and proportionality — and that the study will assess growth projections, benefit areas and housing-affordability impacts.

"With impact fees, they are a 1 time payment designed to offset new developments impact on different infrastructure systems," Bice said, explaining the mechanics of calculating fees and the types of infrastructure the state statute allows. He emphasized that fees cannot be used for operations or to correct existing deficiencies in the current system.

The consultant also described implementation mechanics — credits for existing debt or donated land, fee schedules based on types and size of dwelling, and the statewide requirement that fee proceeds be spent in a limited window tied to the CIP schedule. Bice said the team will coordinate with county staff on levels-of-service and stakeholder engagement and expects to deliver a draft report in January or February.

Commissioners asked for regular check-ins and earlier access to staff-consultant meetings. Staff and the consultant agreed to work with commissioners on an appropriate cadence and to include them in scoping for levels-of-service.