Bill Text: PA SB552 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for educational impact fee and assessment in certain school districts.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2009-03-02 - Referred to LOCAL GOVERNMENT [SB552 Detail]

Download: Pennsylvania-2009-SB552-Introduced.html

---

PRINTER'S NO. 560
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 552 Session of2009
INTRODUCED BY RAFFERTY, ERICKSON, WAUGH, WONDERLING AND O'PAKE, MARCH 2, 2009
REFERRED TO LOCAL GOVERNMENT, MARCH 2, 2009
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. Legislative findings and purpose.
The General Assembly hereby finds that:
(1) Development of new homes and housing tracts can have
a substantial impact on school district operations, affecting
the need for school personnel and supplies, transportation
systems and district facilities.
(2) Districts, which are confronted with large new
development, often have little time and few resources to
allow them to address the consequences of that development.
(3) Allowing districts the ability to assess the impact
of new development and impose fees that will allow that
district to make the requisite adjustments to address the
increase in student population will inevitably allow them to
adequately plan.
(4) The purpose of this article is to provide a means to
enable a school district to adjust its resources to the
influx of student population caused by new development and to
impose a fee to allow that district to cover the incremental
costs associated with increased enrollment.
Section 502-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:
"Affordable housing." Housing for low-income and moderate-
income families and individuals whose rents or mortgage payments
are subsidized or are capped.
"Educational impact assessment." A report required of all
applicants for subdivision plan approvals and building permits
20090SB0552PN0560 - 2 -
which report 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 that school district to develop such programs and
facilities as may be necessary to accommodate increased student
enrollment.
"Eligible school district." A school district in which the
school pupil enrollment has increased by at least an average of
5% in the five years prior to the current school year.
"Pupil cost." The actual instruction expense per weighted
average daily membership determined under Article XXV of the act
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, for the district in which a subdivision approval
is being sought or building construction will occur.
"School board." The board of directors of the school
district in which a subdivision is proposed or a building permit
is being sought.
Section 503-B. Educational impact fee.
(a) Authority to levy fee.--
(1) The board of directors of an eligible 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.
(2) Prior to the adoption of an educational impact fee,
the school board shall give public notice of its intention to
adopt such fee and entertain public comments.
(3) The educational impact fees shall be collected by
20090SB0552PN0560 - 3 -
the eligible school district.
(4) 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
may be a fixed fee or a fee based on the pupil cost for the
eligible school district subject to the following:
(1) A fixed fee may not exceed $1,000 for each
residential dwelling in a proposed subdivision plan.
(2) A fee based on pupil cost may not exceed 15% of that
pupil cost.
(c) Amount of fee for building permits.--The amount of the
educational impact fee levied on each building permit for new
residential construction may be a fixed fee or a fee based on
the pupil cost for that district subject to the following:
(1) A fixed fee may not exceed $2,500 for each building
permit.
(2) A fee based on pupil costs may not exceed 30% of
that pupil cost.
(d) Discretionary reduction or elimination of fee.--
(1) An eligible school district may reduce or eliminate
the educational impact fee on affordable housing units for
low-income and moderate-income individuals.
(2) An eligible 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.
(e) Deposit and restricted use of fee.--The school district
shall deposit the educational impact fees collected into a
20090SB0552PN0560 - 4 -
separate school account. The moneys in that account may only be
used for new construction for additional classrooms or
renovation of existing buildings to expand classrooms or
classroom space.
Section 504-B. Educational impact assessment.
For a subdivision located in an eligible 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 eligible school district. No subdivision plan
may be accepted which 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 be residing in the dwelling
units based on the demographic characteristics of similar
housing located within the eligible school district.
Section 2. This act shall take effect in 90 days.
20090SB0552PN0560 - 5 -