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CRANBERRY TP. v. BUILDERS ASS'N

533 Pa. 271 (1993)

621 A.2d 563

CRANBERRY TOWNSHIP, Appellee, v. BUILDERS ASSOCIATION OF METROPOLITAN PITTSBURGH, North Suburban Builders Association, Enterprise Development, Inc. and Empire Properties, Inc., Appellants.

Supreme Court of Pennsylvania.

Decided February 26, 1993.

Attorney(s) appearing for the Case

Loudon L. Campbell, Harrisburg, for appellants.

Gary L. Gushard, Robert H. Freilich, Kansas City, MO, Richard B. Tucker, Pittsburgh, for appellee Cranberry Tp.

Ernest Preate, Jr., Atty. Gen., for appellant Builders Ass'n.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The substantive issue raised by this case is whether a township may impose impact fees upon the developers of real estate to pay for improvements in roads which will be required because of the development.

On March 2, 1989, Cranberry Township enacted Ordinance 189, "The Cranberry Township Transportation Improvement Program Amendment," requiring, inter alia, that new developers pay an impact fee to finance improvements...

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