Wednesday, July 8, 2009

Proposed School District Development Impact Fees- Part 1.

The same Lehigh Valley Ramblings blog entry also mentioned another interesting bill.  Rep. Grucela has introduced House Bill 1527, that will impose an educational impact fee and assessment in certain school districts. The bill was referred to the Local Governments Committee on May 26, 2009.  I like this idea, as we need to find a way to fund school expansion to support our rapid growth. I do wonder how the developers will react to this bill?  The following is the proposed language to amend the Pennsylvania Municipalities Planning Code:

 

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 imposed upon 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.

(c) Amount of fee for building permits.--The amount of the educational impact fee levied on each building permit for new residential construction shall be a fixed fee. The fee shall be $2,500 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 may reduce or eliminate the educational impact fee on affordable housing units for low-income and moderate-income individuals.

(2) 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.

(3) A school district shall waive the educational impact fee for subdivision plans or building permits for residential dwellings built for older adult housing.

(4) A school district may provide a $500 deduction from the impact fee owed if the developer shows that each home being constructed meets or exceeds the National Energy Star rating.

(5) 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.

(6) 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.

(7) A school district may provide a $500 deduction from the impact fee owed for each house in the subdivision that has a stone or brick front on the facade of the house.

(8) A school district may provide a $500 deduction from the impact fee owed for each house in the subdivision that uses porous materials for the driveway and sidewalks. Each school district, in consultation with the local governing body, shall define what constitutes porous materials in the resolution imposing the impact fee.

(e) Deposit and restricted use of fee.--The school district shall deposit the educational impact fees collected into a 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 and any additional personnel costs to cover an increase in student enrollment.

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