Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
156.160,
162.010,
162.060
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.160 requires the State Board for
Elementary and Secondary Education to prescribe administrative regulations
relative to sanitary and protective construction of public school buildings;
KRS
162.010 requires fee simple title to school
property; and
KRS
162.060 requires plan and specification
approval for school construction by the chief state school officer. This
administrative regulation provides for the location of school buildings in
accordance with the program approved by the chief state school officer.
Section 1. Definitions.
(1) In determining the location of an
acceptable site, the term "in the vicinity of," as used in educational
facilities plans, shall be defined as within a one (1) mile radius of a
specific point or the main highway intersection (center) of a city or one (1)
mile beyond any two (2) specific points referenced in the facility plan
priority. No site shall be approved which exceeds the one (1) mile
limit.
(2) A "major renovation" is
a renovation of three (3) or more building systems in a permanent center with a
total cost of more than twenty (20) percent of the current replacement cost of
the building. The building may be the entire permanent center or a clearly,
definable portion of the center (such as, 1973 addition, senior high wing, or
physical education facility). The renovation shall have been identified in a
district facility plan as a priority in order to be allowed. Building systems
are defined as foundations, exterior walls, roofing, ceilings, structural,
mechanical (HVAC), electrical (including lighting), plumbing, sewage and storm
water disposal, doors and hardware, windows, floor coverings, and fixed
equipment. The renovation shall also meet the criteria set forth in the school
durability section of the school facilities construction criteria adopted by
702 KAR 1:001 and consist of work that extends the useful life of the structure
and work that is not considered as routine maintenance.
Section 2. The chief state school officer
shall cause an inspection to be made of each proposed school building site or
proposed real property acquisition including site addition upon written request
of the local board of education. Site approval shall be given by the chief
state school officer prior to any purchase or commitment to purchase, except
that an option-to-purchase which in no way obligates purchaser, may be executed
to assure availability of site during this approval procedure. All school sites
shall be in agreement with the current school facilities plan except that a
local board of education may request approval of the chief state school officer
to acquire a school site in a rapidly growing area where the existing school
cannot accommodate the increased student population and a new school may be
proposed in a future facility plan by the Department of Education. However, no
site preparation or construction shall take place prior to the time the
proposed new school is a part of the facility plan. The site shall have the
approval of the chief state school officer prior to initiation of an
application for approval of a construction project.
Section 3. The minimum size of school sites
shall be as follows:
(1) Elementary school:
five (5) acres plus an additional acre for each 100 or fraction of 100 students
of anticipated enrollment.
(2)
Middle school, junior high school, and high school: ten (10) acres plus an
additional acre for each 100 or fraction of 100 students of anticipated
enrollment.
(3) Any deviation from
subsections (1) and (2) of this section shall be made only after a site
inspection and investigation of all other circumstances, including a
certification of support by the local education agency and approval by the
chief state school officer.
Section
4. Prior to contracting for the purchase of a school site, site
expansion, or other real property, the local board of education shall follow
the site selection process established in this section. The site selection
process is a two (2) step approval process. A tentative approval allows the
local district to pursue a site for further assurances and documentation which
may lead to the approval to acquire the property.
(1) Using the requirements of this
administrative regulation, the local district shall review proposed sites for
location and site size.
(a) Location. The site
shall be located within parameters established in the facility plan priority. A
site not in the vicinity shall not be approved without written waiver by the
chief state school officer.
(b) The
minimum site size shall be:
1. Elementary
school. Five (5) acres plus one (1) acre for each 100 or portion of 100
students projected for the school capacity;
2. Middle, junior, and high school. Ten (10)
acres plus one (1) acre for each 100 or portion of 100 students projected for
the school capacity. Consideration may be given to acquisition of adequate
acreage to meet maximum capacity school size (elementary K-5/6: 600;
middle/junior: 900; and high: 1500 students).
(2) The school district shall request a site
review visit by the Division of Facilities Management of proposed site(s) and
provide a city or county map locating proposed site(s) to the staff member upon
their visit.
(3) A tentative
approval or disapproval shall be given for each proposed sites(s).
(4) With tentative approval the district
shall provide the following documentation to the Division of Facilities
Management:
(a) Letter from attorney
indicating fee simple title may be obtained. A fee simple title shall be
received by local board in accordance with
KRS
162.010 and certificate of title insurance
provided. Should the mineral rights not be acquired, it shall require a
forbearance agreement to ensure surface support.
(b) Plat by registered surveyor indicating
property boundaries, acreage, road access, easements, and certification that
property is above the 100-year flood plain. The property shall not have
easements traversing the site. Easements are allowable along perimeter.
Commitments to relocate easement from traversing site to perimeter shall be
considered. Consideration may be given if filling of the site will bring
building floor level and appurtenances above 100-year elevation.
(c) Letter from professional engineer and/or
municipal government agency providing assurance of adequate site utilities to
include the following:
1. Water. Adequate
water supply for both domestic and fire suppression shall be available. This
shall require both an adequate volume, flow and pressure.
2. Power. Adequate electrical service shall
be available with normal voltages of 120V/240/v, and three (3) phase.
3. Natural gas. Access to natural gas is
desirable but not required.
4.
Sewage treatment. Either municipal sewer system shall be available or site
shall be equipped with a package sewage treatment plant with the effluent piped
to an acceptable blue-line stream. Distance from property line to stream and
number of property owners with whom an easement shall be required to be
negotiated shall be indicated.
(d) Letter from local government or state
highway office confirming road adequacy shall be provided. The public road
network servicing a site shall be adequate both in width and capacity to
accommodate the projected bus and vehicular traffic for the proposed facility
in addition to normal traffic while providing a safe and efficient access. This
shall require consultation with either the local government road department or
the Kentucky District Highway Office if access is by state highway.
(e) A letter from an architect or engineer
relating to any potential environmental or safety hazards in the vicinity of
the proposed site shall be provided. Within the vicinity of a selected site,
there shall not be any hazards to health or environment which are deemed so by
state agencies having jurisdiction. Examples include: airport - landing/takeoff
corridor, airborne particulates; hazardous waste site affecting runoff and
aquifer; manufacturing concerns; sewage treatment/water purification; chlorine
presence; subsurface faults; unstable high-wall conditions of surrounding
grounds.
(f) Site survey of site
development costs by architects or engineers and projected acquisition cost for
the proposed site shall be provided. A cost analysis site survey, as requested
by the Division of Facilities Management, shall include but not be limited to:
mass site excavation, cost of bringing utilities to site and infrastructures,
on-site roadway access (less paving), geotechnical survey (drilling a minimum
of four (4) holes for subsurface conditions) with associated above normal
footing requirements, any costs for hazardous condition cleanup, and
acquisition cost. The site survey shall provide alternative locations or
elevations of building as requested by the Kentucky Department of Education on
the proposed site.
(g) Current
assessed value and classification by property valuation administrator shall be
provided.
(5) After
evaluation of the submitted documentation, the chief state school officer shall
issue an approval to acquire the property or disapprove the acquisition, except
when approval is required by the State Board for Elementary and Secondary
Education for site cost analysis survey and acquisition cost exceeding ten (10)
percent of the maximum budget for the project.
(6) A disapproved site shall require the
district to recommend another site for review as stated in subsection (1) of
this section.
(7) The district
shall submit a BG-1 application (3/84), hereby incorporated by reference, for
the site purchase when funding source is capital outlay, special voted building
funds, or a school revenue bond issue. The BG-1 application may be copied or
obtained from the Division of Facilities Management, Department of Education,
Room 1530, Capital Plaza Tower, 15 Mero Street, Frankfort, Kentucky 40601 from
8 a.m. to 4:30 p.m., Monday through Friday.
(8) Should the district seek reimbursement of
site acquisition costs from School Facility Construction Commission funds, the
executive director of the SFCC shall be contacted for an appraiser to be
named.
(9) The district shall
provide the Division of Facilities Management with a notarized copy of the
executed deed and title insurance certificate within thirty (30) days after
closing of property purchase.
Section
5.
(1) A local board of education
desiring approval of a site shall request such approval of the chief state
school officer. If all assurances and requirements are in order and conform to
the facility plan, except as noted in Section 2 of this administrative
regulation, the chief state school officer may approve the site. If questions
exist, the chief state school officer shall require the requesting school
district to contract with an architectural or engineering firm licensed to
operate in the Commonwealth of Kentucky. The firm designated by the chief state
school officer shall be from a list approved by the State Board for Elementary
and Secondary Education contracted to perform a study of the proposed site.
This study shall include the following: estimated costs for site development
including utilities to provide required infrastructures, necessary road access
including traffic impact and analysis, geotechnical report including a soils
analysis and requirements for soils compaction or special footing requirements,
and any hazardous conditions. Cost of the study shall be borne by the
requesting school district and shall be payable upon receipt and approval of
same by the chief state school officer. The chief state school officer may
waive the requirements for the study in expansions of existing school sites
where proposed construction is not anticipated. The architectural or
engineering firm conducting the study shall not be eligible to contract to
design any construction activities for that priority project. Acquisition and
site preparation costs of the local school board shall be ten (10) percent or
less of the maximum budget for the project, unless authorized by the State
Board for Elementary and Secondary Education. Sites already owned by the school
district that meet criteria of the facility plan shall be included in site
approval requests and may be subject to the required study.
(2) Once a site has been designated an
approvable site, the local board of education shall obtain a written option of
sufficient duration approved by the chief state school officer on all
approvable sites under consideration until final approval of a specific site
has been made in writing by the chief state school officer.
(3) The local board of education shall
certify to the chief state school officer that all reasonable sites within the
approvable area have been reviewed and a decision has been made by the local
board not to pursue acquisition of those sites. This certification shall list
the sites reviewed and include reasons site was not acceptable. This shall be
submitted to the Division of Facilities Management prior to approval of the
final chosen site.
Section
6. A local board of education shall obtain title insurance, in an
amount equal to the current appraised value of the property, from an acceptable
title insurance company on property acquired for a school site in compliance
with
KRS
162.010. A copy of the title insurance shall
be forwarded with a copy of the fee simple deed to the chief state school
officer within sixty (60) days from the date of the deed.
Section 7. A permanent monument (four (4) by
four (4) by eighteen (18) inches deep concrete with a brass pin) shall be set
in the boundary line of the site at a point which will provide a starting point
for initial and final plot of metes and bounds which will circumscribe the
site.
STATUTORY AUTHORITY:
KRS
156.070,
156.160
