PRINTER'S NO. 3571
No. 2485 Session of 2004
INTRODUCED BY STEIL, S. MILLER, CLYMER, CORRIGAN, CRAHALLA, CURRY, DALLY, GRUCELA, HARPER, HENNESSEY, HORSEY, MACKERETH, O'NEILL, ROSS, SCHRODER, E. Z. TAYLOR AND WEBER, MARCH 26, 2004
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 26, 2004
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 an educational impact fee. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 Section 1. The act of July 31, 1968 (P.L.805, No.247), known 24 as the Pennsylvania Municipalities Planning Code, reenacted and 25 amended December 21, 1988 (P.L.1329, No.170), is amended by 26 adding an article to read:
1 ARTICLE V-B 2 Educational Capital Improvement 3 Section 501-B. Purpose.--The imposition of educational 4 impact fees enables a school district to be reimbursed for 5 incremental costs associated with increased enrollment imposed 6 on the school district as a result of additional residential 7 development in the district without burdening current residents 8 with the costs. 9 Section 502-B. Definitions.--The following words and phrases 10 when used in this article shall have the meanings given to them 11 in this section unless the context clearly indicates otherwise: 12 "Affordable," as defined in section 502-A. 13 "Educational impact fee," a charge or fee computed for each 14 new dwelling unit by multiplying the incremental cost of each 15 new student by a student housing factor and imposed by a school 16 district against new residential development in order to 17 compensate the school district for the start-up costs associated 18 with increased student enrollment due to such new development. 19 "Educational impact statement," a report or statement 20 required in conjunction with all building permit applicants to 21 disclose the impact of new construction or development on 22 educational costs and services in the affected school district. 23 "Incremental cost," the cost attributable to adding one new 24 student to the student base in existence at the later of the 25 time the educational impact fee is imposed or the time this cost 26 factor is reviewed as required under this article. 27 "Residential development," dwelling units constructed for 28 single-family or multi-family occupation, to be either leased or 29 owned. 30 "Student housing factor," the average number of students 20040H2485B3571 - 2 -
1 expected to occupy each new residential dwelling unit based on 2 the size, type and total cost of the structure as determined and 3 established in a scale set by the school board. 4 Section 503-B. Establishment and Calculation of Impact 5 Fees.--(a) The educational impact fee shall be determined for 6 each dwelling unit by multiplying the incremental cost by the 7 student housing factor. The following shall apply: 8 (1) School districts may impose an educational impact 9 fee and require the filing of educational impact statements 10 at the discretion of the board of school directors. 11 (2) The decision not to impose an educational impact fee 12 at any time shall not preclude requiring the filing of 13 educational impact statements. 14 (3) An educational impact fee may be imposed based on 15 the submission of a specific educational impact statement. 16 Such imposition shall be valid as applied to any dwelling 17 unit, provided it becomes effective prior to the issuance of 18 the building permit for that specific unit. 19 (b) The incremental cost of each new student shall be 20 calculated by using the following factors: 21 (1) One-time administrative costs necessary to enroll 22 additional students. 23 (2) Pro rata cost of instructional salary. 24 (3) Cost of instructional material. 25 (4) Pro rata cost based on the impact to the physical 26 plant in accommodating additional students. 27 (5) Cost of additional insurance. 28 (6) Pro rata cost of transportation. 29 (7) Actual cost of initial student evaluation. 30 (8) Pro rata cost of student special services. 20040H2485B3571 - 3 -
1 (9) Pro rata cost of hiring and training. 2 (c) The educational impact fee shall not be based on any of 3 the following: 4 (1) Pro rata cost of voluntary curriculum instruction 5 salaries or materials. 6 (2) Cost of hiring or training necessary State-funded 7 staff, including the intermediate units. 8 (3) Pro rata shares of special education costs. 9 (4) Pro rata costs for any contracted services, except 10 direct instructional and maintenance costs. 11 (5) The costs of complying with local codes and 12 regulations. 13 (6) Costs which are reimbursed by another governmental 14 unit. 15 (d) (1) The educational impact fee shall be subject to 16 annual adjustments by the school district, based on changes 17 in the Consumer Price Index for All Urban Consumers. 18 (2) The incremental cost of each new student and the 19 student housing factor shall be reviewed at least once every 20 three years and be subject to upward or downward revision. 21 (e) Prior to initial passage of any resolution imposing an 22 educational impact fee under the authority granted under this 23 article, the school district shall give public notice of the 24 intention to pass such resolution. The notice shall set forth 25 the substantial nature of the fee to be imposed by the 26 resolution, the reason which, in the judgment of the board of 27 school directors, necessitates the imposition of the fee, and 28 the amount of revenue estimated to be derived therefrom. 29 Publication of the notice shall be made by advertisement once a 30 week for three weeks in a newspaper of general circulation 20040H2485B3571 - 4 -
1 within the school district if there is a newspaper and, if there 2 is not, publication shall be made in a newspaper of general 3 circulation in the county in which the advertising school 4 district is located. 5 Section 504-B. Administration of Educational Impact Fees.-- 6 (a) (1) Educational impact fees shall be collected by the 7 school district. 8 (2) The educational impact fee shall be payable in full 9 prior to the time of the issuance of a building permit for 10 residential development. 11 (3) No municipality shall issue a building permit within 12 the boundaries of a school district which has imposed an 13 educational impact fee without proof of payment of the 14 educational impact fee to that school district. 15 (b) The educational impact fee shall be waived for building 16 permits issued for the replacement of existing dwelling units, 17 even if the permits are nonconcurrent. 18 (c) The school district may reduce, eliminate or otherwise 19 negotiate over the educational impact fee applicable to 20 affordable housing. 21 Section 505-B. Educational Impact Statement.--(a) An 22 educational impact statement must be submitted to the 23 appropriate school district for all proposed development in 24 conjunction with the building permit process. It shall be 25 presented prior to submission by the builders of any subdivision 26 plan or other preliminary documents that may require municipal 27 approval. The municipality shall not accept the subdivision plan 28 or other preliminary documents without proof that the 29 educational impact statement has been filed with the school 30 district. 20040H2485B3571 - 5 -
1 (b) The educational impact statement shall include the 2 following: 3 (1) The type of unit or units to be developed. 4 (2) The target market that the building permit applicant 5 hopes to reach. 6 (3) The size of the units by distribution. 7 (4) The estimated initial student population broken down 8 according to elementary, middle and senior grade levels. 9 (5) A time frame for achievement of the student 10 population. 11 (6) The estimated student population by grade level at 12 both five years and ten years from the date of the issuance 13 of the last building permit. 14 Section 2. This act shall apply to a school district's first 15 full fiscal year which commences at least 60 days after the 16 effective date of this act. 17 Section 3. This act shall take effect immediately. C8L53RLE/20040H2485B3571 - 6 -