(5/21) With only two developments in Emmitsburg's future, Brookfield Phase 2 and Emmit Ridge, and nothing else on the horizon, the Town Council discussed updating the Public Facilities Ordinance to include a new fee on residential developments geared at benefiting the Towns’ school system.

The changes will focus on how the Town evaluates public school capacity when reviewing new residential developments by introducing a new mitigation option to help ensure that growth aligns with the availability of school services. Developers will be given the option to contribute money to the Town that will be specifically used to fund school improvements such as expanding facilities and upgrading infrastructure.

The existing ordinance allows the Planning Commission to determine whether a school can handle a new development. If the development pushes enrollment numbers at the elementary, middle and high schools above 110% enrollment capacity, then the development cannot proceed unless mitigation steps are taken.

Currently the only mitigation option would be to request redistricting, which is a complex and time-consuming process. Under the proposed change a developer would be allowed to choose to pay a mitigation fee instead of redistricting.

Thurmont Middle School and Catoctin High School are considered to "have adequate space to accommodate" more students, with the middle school at 54% capacity and the high school at 70%. The issue is with Emmitsburg elementary, whose "current capacity is probably 98%," said Eric Soter. "I think they have 225 seats and the current student count is 218." [Soter is assisting the town in the drafting of the new Comprehensive Plan.]

Soter explained that each home is typically equal to half a student. He pointed out that Emmit Ridge, a propsoed 48 home development would produce an estimated six elementary students with the remaining "18 students" split between the middle and high schools.

The developer would pay around $18,000 in County impact fees plus whatever fees the Town decides to implement. "Under this proposal we would ask the developers to pay a school fee not only to Frederick County but a duplicate fee to Emmitsburg," said Commissioner Valerie Turnquist. "I have a concern about it raising housing costs."

"It does affect the affordability," confirmed Soter. These fees would have a direct impact on the cost of a home as they are typically passed onto the home buyer in the purchase price. The funds collected from the developers would be put into an interest-bearing account and only used for school projects. It would be up to the Town Council to decide how the money is transferred to the School Board for use.

Soter also pointed out that the fee is paid six months to a year in advance of any actual construction. This allows the County to start collecting the money early to address any infrastructure needs.

Soter said the Town’s Comprehensive Plan shows the potential for approximately 500 new residential units which could potentially generate $10 million in impact fees to the County, as well a $5 million to the Town in mitigation fees. That would mean $15 million would essentially be available for improvements to local public schools.