Pennsylvania municipalities have unusually limited statutory authority to impose impact fees on new development. Under the Municipalities Planning Code Article V-A (53 P.S. Β§Β§10502-A through 10503-A), the only authorized impact fee is a transportation impact fee, and even that requires a multi-year traffic study, an adopted ordinance, and defined impact-fee districts. Other typical "impact" charges (water/sewer connection fees, school district contributions, recreation fees) operate under separate statutory authorities. ADU applicants in Bethlehem generally face only standard zoning and building permit fees, water/sewer tap-in charges through the Bethlehem Authority and the City of Bethlehem sewer service, and any small recreation fee-in-lieu if applicable β no school impact fee and (unless Bethlehem has adopted one under Article V-A) no transportation impact fee.
Pennsylvania's impact fee framework is among the most restrictive in the United States. The PA MPC was amended by Act 209 of 1990 to add Article V-A authorizing transportation impact fees only; no other type of impact fee is authorized for residential construction. To impose a transportation impact fee, a municipality must (1) appoint an impact fee advisory committee under 53 P.S. Β§10504-A, (2) adopt a Land Use Assumptions Report identifying a 10-year horizon, (3) prepare a Roadway Sufficiency Analysis identifying needed off-site improvements, (4) establish impact fee districts, (5) adopt the fee ordinance after public hearing, and (6) collect fees only for transportation improvements within the relevant district. Water and sewer connection fees (tap-in fees) are authorized separately under the Municipality Authorities Act (53 Pa.C.S. Β§Β§5601 et seq.) and the PA Public Utility Code β in Bethlehem, water service is provided by the Bethlehem Authority and sanitary sewer by the City of Bethlehem (with regional treatment relationships in the Lehigh Valley). School districts under the Public School Code (24 P.S. Β§Β§1-101 et seq.) cannot impose impact fees on residential construction. Recreation fees-in-lieu under 53 P.S. Β§10503(11) require an adopted recreation plan and ordinance, and typically apply only to subdivisions and land developments rather than infill ADUs. Net result for a Bethlehem ADU applicant: zoning permit fee, building permit fee, water/sewer tap-in if separate service is established, and possibly a small recreation fee β confirm the current fee schedule with the Bethlehem Department of Community and Economic Development.
Failure to pay required permit and tap-in fees prevents permit issuance and the issuance of a Certificate of Occupancy under PA UCC Β§110. Pennsylvania municipalities that attempt to collect impact fees outside the 53 P.S. Β§10502-A framework face challenge under the Home Builders Association of Metropolitan Pittsburgh v. West Deer Township line of cases interpreting MPC limits on municipal exactions. Fees collected without statutory authority are subject to refund. School district attempts to impose impact fees have been rejected as ultra vires.
Bethlehem, PA
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See how Bethlehem's adu impact fees rules stack up against other locations.
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