Regular Session 2015-2016 House Bill 1440 P.N. 3828

PRINTER'S NO. 3828

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1440

Session of

2015

INTRODUCED BY LAWRENCE, SEPTEMBER 14, 2016

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 14, 2016

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled,

as amended, "An act to empower cities of the second class A,

and third class, boroughs, incorporated towns, townships of

the first and second classes including those within a county

of the second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," providing for educational impact fee and

assessment in certain school districts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code, reenacted and

amended December 21, 1988 (P.L.1329, No.170), is amended by

adding an article to read:

ARTICLE V-B

Educational Impact Fee and Assessment

Section 501-B. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Developer." Any person or legal entity undertaking

development.

"Educational impact assessment." A report required of all

applicants for subdivision plan approvals and building permits

that includes an assessment of the impact the plan approval or

building permit would have on the school district in which the

subdivision or building is located.

"Educational impact fee." A charge or fee imposed by a

school district against new residential development in order to

enable the school district to develop programs and facilities

necessary to accommodate increased student enrollment.

"Governing body." The council in cities, boroughs and

incorporated towns, the board of commissioners in townships of

the first class, the board of supervisors in townships of the

second class, the board of commissioners in counties of the

second class through eighth class or as may be designated in the

law providing for the form of government.

"Older adult housing." Housing built to house individuals in

compliance with regulations promulgated by the Department of

Aging pertaining to older adult daily living centers under 6 Pa.

Code Ch. 11 (relating to older adult daily living centers).

"Open space uses." Uses that include, but are not limited

to, the following:

(1) Parks.

(2) Playgrounds.

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(3) Golf courses.

(4) Wildlife preserves.

(5) Land used for drainage or flood control.

(6) Other recreation purposes permitted by the municipal

governing body.

(7) Land used for buffer zones between residential and

commercial or industrial uses.

"Residential dwelling." Dwelling units constructed for

single-family or multifamily occupation to be either leased or

owned.

"School board." The board of directors of the school

district in which a subdivision is proposed or a building permit

is being sought.

Section 502-B. Educational impact fee.

(a) Authority to levy fee.--

(1) The board of directors of a school district may levy

an educational impact fee on each subdivision plan and

building permit issued for the construction of new

residential units located within its geographic boundaries in

accordance with this section. Prior to the adoption of an

educational impact fee, the school board shall give public

notice of its intention to adopt the fee and entertain public

comments. The educational impact fees shall be collected by

the school district.

(2) No subdivision plan approval or building permit may

be issued without the applicant providing proof that the

educational impact fee has been paid in full.

(b) Amount of fee for subdivision plans.--The amount of the

educational impact fee levied on each proposed subdivision plan

shall be a fixed fee. The fee shall be $2,500 and imposed upon

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each bedroom in excess of one for each separate proposed

residential dwelling unit in the subdivision plan. The fee may

not exceed $7,500 for each residential dwelling in a proposed

subdivision plan.

educational impact fee levied on each building permit for new

residential construction shall be a fixed fee. The fee shall be

$2,500 and imposed upon each bedroom in excess of one for each

proposed residential dwelling for which the building permit is

issued.

(d) Exemptions and deductions from impact fee.--

(1) A school district shall waive the educational impact

fee for building permits issued for the replacement of

existing dwelling units, even if the permits are

nonconcurrent.

(2) A school district shall waive the educational impact

fee for subdivision plans or building permits for residential

dwellings built for older adult housing.

(3) A school district may provide a $1,500 deduction for

each acre of land preserved within the proposed development

for open space uses by the community.

(4) A school district may provide a $1,000 deduction

from the impact fee owed if the developer provides for a

designated school bus loading area and an area for a school

bus turnaround if necessary.

(e) Deposit and restricted use of fee.--The school district

shall deposit the educational impact fees collected into a

separate school account. The money in the account may only be

used for new construction for additional classrooms or

renovation of existing buildings to expand classrooms or

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classroom space. The money in the account may not be used for

personnel costs.

Section 503-B. Educational impact assessment.

For a subdivision located in a school district that imposes

an educational impact fee, the subdivision plan shall include an

educational impact assessment, a copy of which must be filed

with the school district. No subdivision plan may be accepted

that does not include an educational impact assessment. The

assessment must include the following information:

(1) The name and location of the proposed subdivision.

(2) The number and type of dwelling units proposed for

the subdivision, including the target population that will be

residing in the dwelling units.

(3) The approximate sales cost of each type of dwelling

unit.

(4) The primary access roads to the proposed

subdivision.

(5) The time frame for construction of the dwelling

units.

(6) An estimate of the number of school-age children who

can reasonably be expected to reside in the dwelling units

based on the demographic characteristics of similar housing

located within the school district.

Section 504-B. School district facility expansion.

If a school district determines after reviewing an

educational impact assessment that it will be necessary to

expand school facilities as a result of the impact of the

proposed development, the school district may offer the

developer of the development the option to pay twice the impact

fee owed in return for the option of having naming rights for

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any expansion required to be constructed.

Section 2. This act shall take effect in 90 days.

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