PRINTER'S NO. 1395
No. 1179 Session of 2003
INTRODUCED BY GRUCELA, BARRAR, DALLY, FREEMAN, HERSHEY, JOSEPHS,
LaGROTTA, LEACH, McILHINNEY, WASHINGTON, WATSON AND HARPER,
APRIL 15, 2003
REFERRED TO COMMITTEE ON EDUCATION, APRIL 15, 2003
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.
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
27 adding an article to read:
1 ARTICLE V-B
2 Educational Impact Fee and 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
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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
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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. Educational Impact Assessment.--Every
19 subdivision plan shall include an educational impact assessment,
20 a 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 educational impact assessment. The
23 assessment 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
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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.
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