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                                                        PRINTER'S NO. 96

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 72 Session of 2007


        INTRODUCED BY GRUCELA, BOYD, CALTAGIRONE, CARROLL, COHEN, DALEY,
           DALLY, FRANKEL, FREEMAN, GALLOWAY, HALUSKA, HARPER, HELM,
           HENNESSEY, HERSHEY, JAMES, KAUFFMAN, KING, KORTZ, LEACH,
           McGEEHAN, MELIO, R. MILLER, MUNDY, MURT, NAILOR, O'NEILL,
           PALLONE, PASHINSKI, SCAVELLO, SHIMKUS, SIPTROTH, STABACK,
           TANGRETTI, THOMAS, WALKO, WATSON, J. WHITE, WOJNAROSKI,
           YOUNGBLOOD, WANSACZ, COSTA, GERGELY AND FABRIZIO,
           JANUARY 30, 2007

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 30, 2007

                                     AN ACT

     1  Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
     2     as amended, "An act to empower cities of the second class A,
     3     and third class, boroughs, incorporated towns, townships of
     4     the first and second classes including those within a county
     5     of the second class and counties of the second through eighth
     6     classes, individually or jointly, to plan their development
     7     and to govern the same by zoning, subdivision and land
     8     development ordinances, planned residential development and
     9     other ordinances, by official maps, by the reservation of
    10     certain land for future public purpose and by the acquisition
    11     of such land; to promote the conservation of energy through
    12     the use of planning practices and to promote the effective
    13     utilization of renewable energy sources; providing for the
    14     establishment of planning commissions, planning departments,
    15     planning committees and zoning hearing boards, authorizing
    16     them to charge fees, make inspections and hold public
    17     hearings; providing for mediation; providing for transferable
    18     development rights; providing for appropriations, appeals to
    19     courts and penalties for violations; and repealing acts and
    20     parts of acts," providing for educational impact fee and
    21     assessment in certain school districts.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  The act of July 31, 1968 (P.L.805, No.247), known


     1  as the Pennsylvania Municipalities Planning Code, reenacted and
     2  amended December 21, 1988 (P.L.1329, No.170), is amended by
     3  adding an article to read:
     4                            ARTICLE V-B
     5               Educational Impact Fee and Assessment
     6  Section 501-B.  Definitions.
     7     The following words and phrases when used in this article
     8  shall have the meanings given to them in this section unless the
     9  context clearly indicates otherwise:
    10     "Affordable housing."  Housing for low-income and moderate-
    11  income families and individuals whose rents or mortgage payments
    12  are subsidized or are capped.
    13     "Developer."  Any person or legal entity undertaking
    14  development.
    15     "Educational impact assessment."  A report required of all
    16  applicants for subdivision plan approvals and building permits
    17  that includes an assessment of the impact the plan approval or
    18  building permit would have on the school district in which the
    19  subdivision or building is located.
    20     "Educational impact fee."  A charge or fee imposed by a
    21  school district against new residential development in order to
    22  enable the school district to develop programs and facilities
    23  necessary to accommodate increased student enrollment.
    24     "Governing body."  The council in cities, boroughs and
    25  incorporated towns, the board of commissioners in townships of
    26  the first class, the board of supervisors in townships of the
    27  second class, the board of commissioners in counties of the
    28  second class through eighth class or as may be designated in the
    29  law providing for the form of government.
    30     "National Energy Star rating."  The energy rating that is
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     1  determined and published in accordance with guidelines provided
     2  by the United States Environmental Protection Agency or the
     3  Department of Energy.
     4     "Older adult housing."  Housing built to house individuals in
     5  compliance with regulations promulgated by the Department of
     6  Aging pertaining to older adult daily living centers under 6 Pa.
     7  Code Ch. 11 (relating to older adult daily living centers).
     8     "Open space uses."  Uses that include, but are not limited
     9  to, the following:
    10         (1)  Parks.
    11         (2)  Playgrounds.
    12         (3)  Golf courses.
    13         (4)  Wildlife preserves.
    14         (5)  Land use for drainage or flood control.
    15         (6)  Other recreation purposes permitted by the municipal
    16     governing body.
    17         (7)  Land used for buffer zones between residential and
    18     commercial or industrial uses.
    19     "Residential dwelling."  Dwelling units constructed for
    20  single-family or multifamily occupation to be either leased or
    21  owned.
    22     "School board."  The board of directors of the school
    23  district in which a subdivision is proposed or a building permit
    24  is being sought.
    25  Section 502-B.  Educational impact fee.
    26     (a)  Authority to levy fee.--
    27         (1)  The board of directors of a school district may levy
    28     an educational impact fee on each subdivision plan and
    29     building permit issued for the construction of new
    30     residential units located within its geographic boundaries in
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     1     accordance with this section. Prior to the adoption of an
     2     educational impact fee, the school board shall give public
     3     notice of its intention to adopt the fee and entertain public
     4     comments. The educational impact fees shall be collected by
     5     the school district.
     6         (2)  No subdivision plan approval or building permit may
     7     be issued without the applicant providing proof that the
     8     educational impact fee has been paid in full.
     9     (b)  Amount of fee for subdivision plans.--The amount of the
    10  educational impact fee levied on each proposed subdivision plan
    11  shall be a fixed fee. The fee shall be $2,500 imposed upon each
    12  bedroom in excess of one for each separate proposed residential
    13  dwelling unit in the subdivision plan. The fee may not exceed
    14  $7,500 for each residential dwelling in a proposed subdivision
    15  plan.
    16     (c)  Amount of fee for building permits.--The amount of the
    17  educational impact fee levied on each building permit for new
    18  residential construction shall be a fixed fee. The fee shall be
    19  $2,500 imposed upon each bedroom in excess of one for each
    20  proposed residential dwelling for which the building permit is
    21  issued.
    22     (d)  Exemptions and deductions from impact fee.--
    23         (1)  A school district may reduce or eliminate the
    24     educational impact fee on affordable housing units for low-
    25     income and moderate-income individuals.
    26         (2)  A school district shall waive the educational impact
    27     fee for building permits issued for the replacement of
    28     existing dwelling units, even if the permits are
    29     nonconcurrent.
    30         (3)  A school district shall waive the educational impact
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     1     fee for subdivision plans or building permits for residential
     2     dwellings built for older adult housing.
     3         (4)  A school district may provide a $500 deduction from
     4     the impact fee owed if the developer shows that each home
     5     being constructed meets or exceeds the National Energy Star
     6     rating.
     7         (5)  A school district may provide a $1,500 deduction for
     8     each acre of land preserved within the proposed development
     9     for open space uses by the community.
    10         (6)  A school district may provide a $1,000 deduction
    11     from the impact fee owed if the developer provides for a
    12     designated school bus loading area and an area for a school
    13     bus turnaround if necessary.
    14         (7)  A school district may provide a $500 deduction from
    15     the impact fee owed for each house in the subdivision that
    16     has a stone or brick front on the facade of the house.
    17         (8)  A school district may provide a $500 deduction from
    18     the impact fee owed for each house in the subdivision that
    19     uses porous materials for the driveway and sidewalks. Each
    20     school district, in consultation with the local governing
    21     body, shall define what constitutes porous materials in the
    22     resolution imposing the impact fee.
    23     (e)  Deposit and restricted use of fee.--The school district
    24  shall deposit the educational impact fees collected into a
    25  separate school account. The moneys in that account may only be
    26  used for new construction for additional classrooms or
    27  renovation of existing buildings to expand classrooms or
    28  classroom space and any additional personnel costs to cover an
    29  increase in student enrollment.
    30  Section 503-B.  Educational impact assessment.
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     1     For a subdivision located in a school district that imposes
     2  an educational impact fee, the subdivision plan shall include an
     3  educational impact assessment, a copy of which must be filed
     4  with the school district. No subdivision plan may be accepted
     5  that does not include an educational impact assessment. The
     6  assessment must include the following information:
     7         (1)  The name and location of the proposed subdivision.
     8         (2)  The number and type of dwelling units proposed for
     9     the subdivision, including the target population that will be
    10     residing in the dwelling units.
    11         (3)  The approximate sales cost of each type of dwelling
    12     unit.
    13         (4)  The primary access roads to the proposed
    14     subdivision.
    15         (5)  The time frame for construction of the dwelling
    16     units.
    17         (6)  An estimate of the number of school-age children who
    18     can reasonably be expected to reside in the dwelling units
    19     based on the demographic characteristics of similar housing
    20     located within the school district.
    21  Section 504-B.  School district facility expansion.
    22     If a school district determines after reviewing an
    23  educational impact assessment that it will be necessary to
    24  expand school facilities as a result of the impact of the
    25  proposed development, the school district may offer the
    26  developer of the development the option to pay twice the impact
    27  fee owed in return for the option of having naming rights for
    28  any expansion required to be constructed.
    29     Section 2.  This act shall take effect in 90 days.

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