PRINTER'S NO. 1118
No. 978 Session of 2001
INTRODUCED BY GRUCELA, CALTAGIRONE, COSTA, FREEMAN, HARHAI, HORSEY, LAUGHLIN, MANDERINO, MELIO, PRESTON, ROONEY, WATSON, C. WILLIAMS AND WOJNAROSKI, MARCH 14, 2001
REFERRED TO COMMITTEE ON EDUCATION, MARCH 14, 2001
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 fees. 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 Impact Assessment 3 Section 501-B. Legislative Findings and Purpose.--(a) The 4 General Assembly hereby finds that: 5 (1) Development of new homes and housing tracts can have 6 a substantial impact on school district operations, affecting 7 the need for school personnel and supplies, transportation 8 systems and district facilities. 9 (2) Districts, which are confronted with large new 10 developments, often have little time and few resources to 11 allow them to address the consequences of that development. 12 (3) Allowing districts the ability to assess the impact 13 of new development and impose fees that will allow that 14 district to make the requisite adjustments to address the 15 increase in student population will inevitably allow them to 16 adequately plan. 17 (b) The purpose of this article therefore is to provide a 18 means to enable a school district to adjust its resources to the 19 influx of student population caused by new development and to 20 impose a fee to allow that district to cover the incremental 21 costs associated with increased enrollment. 22 Section 502-B. Definitions.--The following words and phrases 23 when used in this article shall have the meanings given to them 24 in this section unless the context clearly indicates otherwise: 25 "Affordable housing," housing for low-income and moderate- 26 income families and individuals whose rents or mortgage payments 27 are subsidized or are capped. 28 "Educational impact assessment," a report required of all 29 applicants for subdivision plan approvals and building permits 30 which shall include an assessment of the impact said plan 20010H0978B1118 - 2 -
1 approval or building permit would have on the school district in 2 which the subdivision or building is located. 3 "Educational impact fee," a charge or fee imposed by a school 4 district against new residential development in order to enable 5 that school district to develop such programs and facilities as 6 may be necessary to accommodate increased student enrollment. 7 "Pupil cost," the actual instruction expense per weighted 8 average daily membership determined pursuant to Article XXV of 9 the act of March 10, 1949 (P.L.30, No.14), known as the "Public 10 School Code of 1949," for the district in which the subdivision 11 approval is being sought or the building construction will 12 occur. 13 "School board," the board of directors for the school 14 district in which a subdivision is proposed or a building permit 15 is being sought. 16 Section 503-B. Educational Impact Fee Established.--(a) The 17 board of directors for each school district shall have the 18 authority to levy an educational impact fee on each subdivision 19 plan and each building permit issued for the construction of new 20 residential units located within its geographic boundaries. 21 Prior to the adoption of an educational impact fee, the school 22 board shall give public notice of its intention to adopt such 23 fee and entertain public comments. The educational impact fees 24 shall be collected by the school district. No subdivision plan 25 approval or building permit may be issued without the applicant 26 providing proof that the educational impact fee has been paid in 27 full. 28 (b) School boards shall have the authority to impose an 29 educational impact fee levied on each proposed subdivision plan. 30 The board may impose either a fixed fee or a fee based on the 20010H0978B1118 - 3 -
1 pupil cost for that district. A fixed fee may not amount to more 2 than $500 for each residential dwelling in a proposed 3 subdivision plan. Fees based on pupil costs may not exceed 15% 4 of that pupil cost. 5 (c) The school board shall have the authority to impose an 6 educational impact fee levied on each building permit for new 7 residential construction. The board may impose either a fixed 8 fee or a fee based on the pupil cost for that district. A fixed 9 fee may not amount to more than $1,000 for each residential 10 dwelling in a proposed subdivision plan. Fees based on pupil 11 costs may not exceed 30% of that pupil cost. 12 (d) The school district may reduce or eliminate the 13 educational impact fee on affordable housing units for low- 14 income and moderate-income individuals. The educational impact 15 fee shall be waived for building permits issued for the 16 replacement of existing dwelling units, even if the permits are 17 nonconcurrent. 18 Section 504-B. Education Assessment Report.--Every 19 subdivision plan shall include an education assessment report, a 20 copy of which must be filed with the school district in which 21 the subdivision is proposed. No subdivision plan may be accepted 22 which does not include an education assessment report. Such 23 report must include the following information: 24 (1) the name and location of the proposed subdivision; 25 (2) the number and type of dwelling units proposed for 26 the subdivision, including the target population that will be 27 residing in the dwelling units; 28 (3) the approximate sales cost of each type of dwelling 29 unit; 30 (4) the primary access roads to the proposed 20010H0978B1118 - 4 -
1 subdivision; 2 (5) the time frame for construction of the dwelling 3 units; and 4 (6) an estimate of the number of school-age children who 5 can reasonably be expected to be residing in the dwelling 6 units based on the demographic characteristics of similar 7 housing located within the school district. 8 Section 2. This act shall take effect in 90 days. B28L53JAM/20010H0978B1118 - 5 -