Hamilton Township, Ohio

Multi-Facility Impact Fee Study
   

In 2006, Duncan Associates was retained to develop an impact fee system for Hamilton Township. Hamilton Township is located in Warren County in southwest Ohio, between Dayton and Cincinnati. Warren County has been the second fastest growing of Ohio’s 88 counties in recent years, and the Township has been the fastest growing township in Warren County. The study, completed in February 2007, calculated maximum impact fees that Hamilton Township could charge based on the existing levels of service for roads, parks, fire and police facilities. While the authority of townships to

impose impact fees had not been tested in Ohio, the Township was confident that it had the authority under its home rule powers. In light of the likely event of litigation, the study and ordinance were carefully crafted to comply with the dual rational nexus test cited by the Supreme Court in the Beavercreek case. The Township began collecting impact fees on August 28, 2007, but is putting the fees collected into escrow pending the outcome of a legal challenge by the homebuilders.