CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 96 PRINTER'S NO. 493
No. 72 Session of 2007
INTRODUCED BY GRUCELA, COHEN, DALLY, FREEMAN, GALLOWAY, HERSHEY,
JOSEPHS, LEACH, MELIO, MUNDY, PALLONE, ROSS, SCAVELLO,
SIPTROTH, STEIL, TANGRETTI AND THOMAS, 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
25 as the Pennsylvania Municipalities Planning Code, reenacted and
26 amended December 21, 1988 (P.L.1329, No.170), is amended by
1 adding an article to read:
2 ARTICLE V-B
3 Educational Impact Fee and Assessment
4 Section 501-B. Definitions.
5 The following words and phrases when used in this article
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Affordable housing." Housing for low-income and moderate-
9 income families and individuals whose rents or mortgage payments
10 are subsidized or are capped.
11 "Developer." Any person or legal entity undertaking
12 development.
13 "Educational impact assessment." A report required of all
14 applicants for subdivision plan approvals and building permits
15 that includes an assessment of the impact the plan approval or
16 building permit would have on the school district in which the
17 subdivision or building is located.
18 "Educational impact fee." A charge or fee imposed by a
19 school district against new residential development in order to
20 enable the school district to develop programs and facilities
21 necessary to accommodate increased student enrollment.
22 "Governing body." The council in cities, boroughs and
23 incorporated towns, the board of commissioners in townships of
24 the first class, the board of supervisors in townships of the
25 second class, the board of commissioners in counties of the
26 second class through eighth class or as may be designated in the
27 law providing for the form of government.
28 "National Energy Star rating." The energy rating that is
29 determined and published in accordance with guidelines provided
30 by the United States Environmental Protection Agency or the
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1 Department of Energy.
2 "Older adult housing." Housing built to house individuals in
3 compliance with regulations promulgated by the Department of
4 Aging pertaining to older adult daily living centers under 6 Pa.
5 Code Ch. 11 (relating to older adult daily living centers).
6 "Open space uses." Uses that include, but are not limited
7 to, the following:
8 (1) Parks.
9 (2) Playgrounds.
10 (3) Golf courses.
11 (4) Wildlife preserves.
12 (5) Land use for drainage or flood control.
13 (6) Other recreation purposes permitted by the municipal
14 governing body.
15 (7) Land used for buffer zones between residential and
16 commercial or industrial uses.
17 "Residential dwelling." Dwelling units constructed for
18 single-family or multifamily occupation to be either leased or
19 owned.
20 "School board." The board of directors of the school
21 district in which a subdivision is proposed or a building permit
22 is being sought.
23 Section 502-B. Educational impact fee.
24 (a) Authority to levy fee.--
25 (1) The board of directors of a school district may levy
26 an educational impact fee on each subdivision plan and
27 building permit issued for the construction of new
28 residential units located within its geographic boundaries in
29 accordance with this section. Prior to the adoption of an
30 educational impact fee, the school board shall give public
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1 notice of its intention to adopt the fee and entertain public
2 comments. The educational impact fees shall be collected by
3 the school district.
4 (2) No subdivision plan approval or building permit may
5 be issued without the applicant providing proof that the
6 educational impact fee has been paid in full.
7 (b) Amount of fee for subdivision plans.--The amount of the
8 educational impact fee levied on each proposed subdivision plan
9 shall be a fixed fee. The fee shall be $2,500 imposed upon each
10 bedroom in excess of one for each separate proposed residential
11 dwelling unit in the subdivision plan. The fee may not exceed
12 $7,500 for each residential dwelling in a proposed subdivision
13 plan.
14 (c) Amount of fee for building permits.--The amount of the
15 educational impact fee levied on each building permit for new
16 residential construction shall be a fixed fee. The fee shall be
17 $2,500 imposed upon each bedroom in excess of one for each
18 proposed residential dwelling for which the building permit is
19 issued.
20 (d) Exemptions and deductions from impact fee.--
21 (1) A school district may reduce or eliminate the
22 educational impact fee on affordable housing units for low-
23 income and moderate-income individuals.
24 (2) A school district shall waive the educational impact
25 fee for building permits issued for the replacement of
26 existing dwelling units, even if the permits are
27 nonconcurrent.
28 (3) A school district shall waive the educational impact
29 fee for subdivision plans or building permits for residential
30 dwellings built for older adult housing.
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1 (4) A school district may provide a $500 deduction from
2 the impact fee owed if the developer shows that each home
3 being constructed meets or exceeds the National Energy Star
4 rating.
5 (5) A school district may provide a $1,500 deduction for
6 each acre of land preserved within the proposed development
7 for open space uses by the community.
8 (6) A school district may provide a $1,000 deduction
9 from the impact fee owed if the developer provides for a
10 designated school bus loading area and an area for a school
11 bus turnaround if necessary.
12 (7) A school district may provide a $500 deduction from
13 the impact fee owed for each house in the subdivision that
14 has a stone or brick front on the facade of the house.
15 (8) A school district may provide a $500 deduction from
16 the impact fee owed for each house in the subdivision that
17 uses porous materials for the driveway and sidewalks. Each
18 school district, in consultation with the local governing
19 body, shall define what constitutes porous materials in the
20 resolution imposing the impact fee.
21 (e) Deposit and restricted use of fee.--The school district
22 shall deposit the educational impact fees collected into a
23 separate school account. The moneys in that account may only be
24 used for new construction for additional classrooms or
25 renovation of existing buildings to expand classrooms or
26 classroom space and any additional personnel costs to cover an
27 increase in student enrollment.
28 Section 503-B. Educational impact assessment.
29 For a subdivision located in a school district that imposes
30 an educational impact fee, the subdivision plan shall include an
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1 educational impact assessment, a copy of which must be filed
2 with the school district. No subdivision plan may be accepted
3 that does not include an educational impact assessment. The
4 assessment must include the following information:
5 (1) The name and location of the proposed subdivision.
6 (2) The number and type of dwelling units proposed for
7 the subdivision, including the target population that will be
8 residing in the dwelling units.
9 (3) The approximate sales cost of each type of dwelling
10 unit.
11 (4) The primary access roads to the proposed
12 subdivision.
13 (5) The time frame for construction of the dwelling
14 units.
15 (6) An estimate of the number of school-age children who
16 can reasonably be expected to reside in the dwelling units
17 based on the demographic characteristics of similar housing
18 located within the school district.
19 Section 504-B. School district facility expansion.
20 If a school district determines after reviewing an
21 educational impact assessment that it will be necessary to
22 expand school facilities as a result of the impact of the
23 proposed development, the school district may offer the
24 developer of the development the option to pay twice the impact
25 fee owed in return for the option of having naming rights for
26 any expansion required to be constructed.
27 Section 2. This act shall take effect in 90 days.
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