PRINTER'S NO. 96
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 20070H0072B0096 - 2 -
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 20070H0072B0096 - 3 -
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 20070H0072B0096 - 4 -
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. 20070H0072B0096 - 5 -
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. L11L53AJM/20070H0072B0096 - 6 -