2009 Impact Fee Pending Legislation
The S.C. General Assembly has legislation pending that would provide for the imposition of impact fees
for Dorchester County School District 2 and apparently require any local government to provide
information on developments that may cause an impact on its associated school district and require that
school district to provide details on the anticipated impact on that school district.
For the first time this legislation would give explicit statutory authority to impose impact fees for the new
school district needs required by new developments in South Carolina, as well as allow school district,
as opposed to local governments, to do so, and the first to require local governments and school districts
to exchange the necessary information to properly do so. It may be questionable whether the imposition
of impact fees for new school needs can be legally allowed for a single jurisdiction alone. It could then
possibly start to open the door for all jurisdictions.
The summaries and links below show impact fee legislation pending before the S.C. General Assembly
that:
(1) provide for the imposition of impact fees on new developments for the construction of new schools,
in Dorchester School District No. 2 -- "authorize the board of trustees for dorchester
school district no. 2 to impose an impact fee on any developer for each new
residential dwelling unit constructed by the developer within the school
district, to provide that the funds may only be used for the construction of
public education facilities for grades k-12 within the district and for the
payment of principal and interest on existing or new bonds issued by the
district, and to provide that the impact fee shall be set at an amount not to
exceed the cost that each additional dwelling unit imposes on the school
district for public education facilities."
(2)require the superintendent of that district's school superintendent to prepare an annual report to local
governing bodies on the impact of new developments' needs on the school district --
"
prepare and submit to the county and the municipalities within dorchester school
district no. 2 an annual report detailing information regarding the impact of
development on schools within the district, to request from the county and all
municipalities with land encompassed by the district applications for land
development projects that include residential housing that meet certain
criteria, to determine whether a particular project will result in a substantial
impact on the district's ability to provide services to the additional student
population, and to prepare and submit a report to the county and all
municipalities within the district detailing the impact and need for additional
resources;" and
(3) require local
governments to provide information on developments that may cause an impact on
the school district and require the school district to provide details on the
anticipated impact on the school district -- "provide that a
governing body and a local planning commission servicing an area in a high
growth county must provide the local school district land development
applications that include residential housing which meet certain criteria; and
to require the superintendent and board of trustees of the school district to
determine whether a particular project will result in a substantial impact on
the district's ability to provide services to the additional student population
and to prepare a report to the governing body and the local planning commission
detailing the impact and need for additional resources."
Session 118 - (2009-2010)
S 0235 General Bill, By Rose
A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR DORCHESTER SCHOOL DISTRICT NO. 2
TO IMPOSE AN IMPACT FEE ON ANY DEVELOPER FOR EACH NEW RESIDENTIAL DWELLING
UNIT CONSTRUCTED BY THE DEVELOPER WITHIN THE SCHOOL DISTRICT, TO PROVIDE THAT
THE FUNDS MAY ONLY BE USED FOR THE CONSTRUCTION OF PUBLIC EDUCATION FACILITIES
FOR GRADES K-12 WITHIN THE DISTRICT AND FOR THE PAYMENT OF PRINCIPAL AND
INTEREST ON EXISTING OR NEW BONDS ISSUED BY THE DISTRICT, AND TO PROVIDE THAT
THE IMPACT FEE SHALL BE SET AT AN AMOUNT NOT TO EXCEED THE COST THAT EACH
ADDITIONAL DWELLING UNIT IMPOSES ON THE SCHOOL DISTRICT FOR PUBLIC EDUCATION
FACILITIES.
View full text
01/13/09 Senate Introduced, read first time, placed on local &
uncontested calendar SJ-191
01/14/09 Senate Read second time SJ-9
01/27/09 Senate Read third time and sent to House SJ-25
01/28/09 House Introduced and read first time HJ-16
01/28/09 House Referred to Committee on Education and Public
Works HJ-16
02/03/09 House Recalled from Committee on Education and Public
Works HJ-20
02/05/09 House Amended HJ-20
02/05/09 House Read second time HJ-22
02/05/09 House Unanimous consent for third reading on next
legislative day HJ-22
02/06/09 House Read third time and returned to Senate with
amendments HJ-1
02/11/09 Senate Concurred in House amendment and enrolled SJ-41
Session 118 - (2009-2010)
S 0234 General Bill, By Rose
A BILL TO REQUIRE THE SUPERINTENDENT OF DORCHESTER COUNTY SCHOOL DISTRICT NO.
2 TO PREPARE AND SUBMIT TO THE COUNTY AND THE MUNICIPALITIES WITHIN DORCHESTER
SCHOOL DISTRICT NO. 2 AN ANNUAL REPORT DETAILING INFORMATION REGARDING THE
IMPACT OF DEVELOPMENT ON SCHOOLS WITHIN THE DISTRICT, TO REQUEST FROM THE
COUNTY AND ALL MUNICIPALITIES WITH LAND ENCOMPASSED BY THE DISTRICT
APPLICATIONS FOR LAND DEVELOPMENT PROJECTS THAT INCLUDE RESIDENTIAL HOUSING
THAT MEET CERTAIN CRITERIA, TO DETERMINE WHETHER A PARTICULAR PROJECT WILL
RESULT IN A SUBSTANTIAL IMPACT ON THE DISTRICT'S ABILITY TO PROVIDE SERVICES
TO THE ADDITIONAL STUDENT POPULATION, AND TO PREPARE AND SUBMIT A REPORT TO
THE COUNTY AND ALL MUNICIPALITIES WITHIN THE DISTRICT DETAILING THE IMPACT AND
NEED FOR ADDITIONAL RESOURCES.
View full text
01/13/09 Senate Introduced, read first time, placed on local &
uncontested calendar SJ-190
01/14/09 Scrivener's error corrected
01/14/09 Senate Read second time SJ-9
01/15/09 Senate Read third time and sent to House SJ-21
01/27/09 House Introduced and read first time HJ-20
01/27/09 House Referred to Dorchester Delegation HJ-20
01/29/09 House Delegation report: Favorable Dorchester Delegation HJ-2
02/03/09 House Read second time HJ-20
02/04/09 House Read third time and enrolled HJ-23
Session 118 - (2009-2010)
S 0249 General Bill, By Rose
A BILL TO AMEND CHAPTER 29, TITLE 6 OF THE 1976 CODE, BY ADDING SECTION
6-29-1153 TO PROVIDE THAT A GOVERNING BODY AND A LOCAL PLANNING COMMISSION
SERVICING AN AREA IN A HIGH GROWTH COUNTY MUST PROVIDE THE LOCAL SCHOOL
DISTRICT LAND DEVELOPMENT APPLICATIONS THAT INCLUDE RESIDENTIAL HOUSING WHICH
MEET CERTAIN CRITERIA; AND TO REQUIRE THE SUPERINTENDENT AND BOARD OF TRUSTEES
OF THE SCHOOL DISTRICT TO DETERMINE WHETHER A PARTICULAR PROJECT WILL RESULT
IN A SUBSTANTIAL IMPACT ON THE DISTRICT'S ABILITY TO PROVIDE SERVICES TO THE
ADDITIONAL STUDENT POPULATION AND TO PREPARE A REPORT TO THE GOVERNING BODY
AND THE LOCAL PLANNING COMMISSION DETAILING THE IMPACT AND NEED FOR ADDITIONAL
RESOURCES.
View full text
01/13/09 Senate Introduced and read first time SJ-196
01/13/09 Senate Referred to Committee on Judiciary SJ-196
01/23/09 Senate Referred to Subcommittee: Cleary (ch), Ford, S.Martin
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