Policies & Issues
- Realty Transfer Tax
- New Residential Property Disclosure
- Use and Occupancy Ordinances
- Growth Managment
- Mandatory Fire Sprinkler Ordinances
- The Property Assessment Appeals Process
- Rental Property Inspection
- Eminent Domain
Issue Summaries
News Briefs
Stay up to date on current News & Issues.
General News -
US expands foreclosure program
Bucks County -
Penndel Borough to consider requiring sewer lateral inspection at point-of-sale
Chester County -
Downingtown requires resale inspection
Delaware County -
Marple Newtown eyes budget
Montgomery County -
Amtrak breathes new life into Ardmore project
News & Issues: News Brief
Bucks County
Chester County
Delaware County
Montgomery County
General News
US expands foreclosure program
The Obama administration said Friday that it will expand its signature foreclosure- prevention program to try to help those with heavy debt loads avoid losing their homes. The Home Affordable Modification Program (HAMP) will also be extended through 2013. The government will triple the financial incentives for private lenders to reduce the principal amount of mortgages for homeowners at risk of losing their homes. And for the first time, the government will offer incentives for principal reductions to government- controlled mortgage giants Fannie Mae and Freddie Mac. The three year old program has sought to help those at risk of foreclosure lower their monthly payments, but has failed to help more than half of those who have applied lower their payments on a permanent basis. Many have complained that the program is a bureaucratic nightmare. The Obama Administration has also promised to unveil new legislation in the coming days to allow more homeowners to refinance their mortgages under a separate program, the Home Affordable Refinance Program.
Source: Daily Times; 1/28/2012
Carbon monoxide requirement legislation introduced
PA State Rep. Frank Farry (R-142, Bucks) has introduced a bill that would require all multi-family and single family homes to have a carbon monoxide detector upon their sale. House Bill 2031 – the Carbon Monoxide Alarm Standards Act – would require homeowners, upon the sale of their home, to ensure that the home is equipped with a carbon monoxide detector. The requirement would also apply to all existing multi-family buildings that have fossil fuel-burning heaters or appliances and an attached garage. Initially, REALTORS opposed Farry’s plan for fear it would create another municipal inspection for the homeowner. Working with PAR and local REALTORS, Rep. Farry tweaked the bill to allow the buyer and seller to negotiate the installation of the detector as part of the real estate transaction. The Pennsylvania Association of REALTORS supports the legislation in its amended form.
Source: The Intelligencer; 2/1/2012
2012 Municipal Information update underway
The Municipal Information section of the Suburban REALTORS® Alliance website contains a vast amount of information pertinent to REALTORS® about the 238 municipalities within Bucks, Chester, Delaware and Montgomery counties. Of utmost importance to REALTORS® are Use & Occupancy requirements, tax information and sign regulations. Municipality tax rates are currently being updated. Please do not hesitate to bring inaccurate or out of date information to our attention. The Municipal Information database is a fluid resource, with changes made throughout the year. Please direct comments or changes to bwenk@suburbanrealtorsalliance.com .
Bucks County
Penndel Borough to consider requiring sewer lateral inspection at point-of-sale
Penndel Borough Council will consider an ordinance that establishes a requirement for certification of sanitary sewer status prior to the sale of real estate. A public meeting will be held on Feb. 6, at 7:30 p.m. at the Penndel Borough Municipal Building, 300 Bellevue Ave., Penndel, PA. The proposed ordinance would require a televised inspection of a sewer lateral from a residence to the main to ensure the lateral is free from inflow and infiltration and there are no illegal storm or surface water connections. The inspection is to be done thirty (30) days prior to the sale of the property. Click here to view the proposed ordinance. Penndel Borough had a voluntary sewer lateral inspection program in place, however not all properties registered for inspection. The Suburban REALTORS Alliance will be in communication with the Borough prior to the Feb. 6 vote to list our concerns regarding the ordinance.
Source: Courier Times; 1/16/2012
Centennial prepares for tax increase
The Centennial School Board recently reviewed a preliminary $100.3 million budget for 2011-12 that finds the district in need of $4 million in budget cuts or additional revenue to help close a deficit. Growing pension costs, capital projects and employee salaries and benefits are all contributors to the deficit. The proposed spending plan uses a 3.79 percent tax increase to decrease the deficit, but even with the additional tax revenue the district would still need $2.8 million to completely close the gap. Although the Act 1 index is set at 1.7 percent, Centennial has applied for exceptions due to grandfathered debt and retirement costs to allow a higher tax increase. The district could also go to voter referendum to raise taxes higher than the Act 1 index without exceptions. The proposed 3.79 percent tax increase would add $113.52 to the school property tax bill of the average home assessed at $26,000. School administrators and board members will continue to work on the budget – it will need to be finalized in June. Visit www.centennialsd.org for the proposed preliminary budget.
Source: Courier Times; 1/31/2012
New Bristol Township Council to consider elimination of $5 tax increase
Bristol Township’s council voted to advertise a revised 2012 budget that will eliminate a slight tax increase approved by the previous council. The 0.3 mill municipal tax increase equated to about a $5 tax increase for a home assessed at the township average of $17,877. The budget reduction proposal will bring the property tax rate down to the 2011 level of 23.9875 mills. Council will receive a full presentation on the new spending plan on Feb. 15.
Source: PhillyBurbs.com; 2/2/2012
Langhorne Borough schedules town hall meeting
Langhorne Borough officials invite residents and Langhorne business owners to a town hall meeting to learn about the new Langhorne Borough Comprehensive Plan. There are two meeting dates: Feb 17 from 6:30 to 8:30 p.m.; or Feb 18 from 12 to 2 p.m. Both meetings will be held at the Langhorne United Methodist Church, 301 E. Maple Ave, Langhorne. The comprehensive plan was last updated 35 years ago, and the current update is intended to set goals and objectives for the community. Click here for more information.
Source: Courier Times; 1/31/2012
Chester County
Downingtown requires resale inspection
Downingtown Borough Council passed a resolution requiring the inspection of properties at point of sale. The inspection fee has been set at $100. A list of the residential inspection criteria has been posted on the Alliance’s municipal database. The Alliance has questioned the validity of passing such a requirement through resolution – with no prior public notice – but encourages REALTORS to follow the requirements until further notice.
Downingtown Borough tables well ordinance
Borough Council will wait until March to make a decision on a proposed well ordinance from the Downingtown Municipal Water Authority. The ordinance is expected to be discussed again on March 7. The ordinance would prohibit the drilling, installation or use of any new wells, or the expansion of existing wells, for water service. Residents may seek written approval from the authority to construct new wells or expand existing ones. Council President Anthony “Chip” Gazzerro said the proposed ordinance would not become a “major problem” in Downingtown but rather it is a way to keeping someone from accidentally connecting a well to the water authority’s system and possibly causing contamination. The ordinance would also enforce having users connect to the water authority on a “going-forward basis,” which would apply to members of the borough, East Brandywine and East Caln. According to Borough Solicitor Andrew Rau, municipalities can provide water service in one of two ways: from a body of water or a company, or from a municipal water authority. “The borough code says if you create a system, you can make people use it” to ensure that a public system is financially able to continue to operate, said Rau. To date, neither East Brandywine nor East Caln has approved the ordinances submitted to them by the water authority. The revised ordinance is expected to be presented to East Brandywine supervisors again at a March 21 meeting.
Source: Daily Local; 1/31/2012
West Whiteland Township to consider trash fee increase
Discussions on proposed fee increases have been postponed by West Whiteland Township officials until Feb. 22. Residents were invited to the initial proposal made by the township manager last week, but township supervisors decided on an additional meeting because of the late notice residents received. Township Manager Michael Cotter proposed doubling the fee per trash bag from $2 to $4. The increase would alleviate some of the burden on the township, which has seen reduced funding for the waste removal system in recent years. The state reworked the formula it uses for calculating the amount of performance grant money townships receive, Cotter explained. The change will leave a significant gap between the cost of waste removal and the funding the township sets aside for it. In 2008, West Whiteland received $542,811 in grants compared to 2009’s $171,472. Supervisors said township residents on average pay $104 annually for waste removal. That fee would jump to $208 at $4 a bag. For 2013 and after, there was also a recommendation to create a potential series of small scale fee increases to recapture the cost of operations, stabilize reserves and address longer term capital requirements. The full presentation made by the township manager can be found at the township’s website, www.wwhiteland.org. The next meeting is set for 6:30 p.m. Feb. 22, at the township building, 101 Commerce Drive, Exton.
Source: Daily Local; 2/1/2012
West Chester Borough Council to draft changes to building height regulations
West Chester Borough Council directed its solicitor to draft changes to the borough’s building height regulations. Proposed by Council President Holly Brown, the changes would restrict a height option overlay district west of Adams Street to 45 feet by right and 60 feet with conditions. The current ordinance allows for 45 feet by right and 75 with conditional use, with an additional option to go to 90 feet only if a building has 25 percent or more residential use. As a frame of reference, the parking garage on Chestnut Street across from the YMCA is 75 feet tall. Though arguments were made for and against the proposal, most residents expressed a desire to change the ordinance to reflect the proposed heights, saying that it would preserve the appeal and charm that makes West Chester attractive for most visitors and residents. Residents and borough officials agreed the aesthetics of the building were much more important than the actual height itself. This was reflected in the vote Wednesday that gave permission for the proposed ordinance with the condition that it would not be advertised until after June 3.
Source: Daily Times; 1/31/2012
Phoenixville School District preliminary budget increases
The preliminary budget for next year’s Phoenixville Area School District increases spending about 3.89 percent over the current year. If adopted as is, property taxes would increase about $162 on a house valued at $150,000, according to district figures.
Source: Daily Local; 1/30/2012Delaware County
Marple Newtown eyes budget
The Marple Newtown School Board voted 8-0 to adopt the 2012-2013 proposed preliminary budget of $69 million, with a corresponding 2.67 percent tax increase. Marple Newtown’s Act 1 index for next year, as set by the state, is 1.7 percent, a disparity of about $525,000 from the suggested increase. The district would be required to reduce expenses or file for referendum exceptions to satisfy the difference. “By setting the figure at 2.67 percent, it becomes the maximum tax increase,” said Business Administrator Joe Driscoll. “The district, however, could go lower.” If granted, the exceptions would allow the district to increase taxes above the index without voter approval. Driscoll noted the retirement exception would be about $562,000 and the board authorized pursuing that option.
Source: Daily Times; 1/31/2012
Penn-Delco budgets for slight increase
Homeowners may be in for a slight tax increase in 2012-13, based on figures presented in a proposed preliminary budget last week by the Penn- Delco School Board. The proposed preliminary budget, passed unanimously at the school board’s last business meeting, proposes a 2012-13 millage rate of 24.575, up from 23.825 last year. For a homeowner with an average median assessment of $113,915, the increase would translate to approximately $7 per month. Without the increase, the district could face a shortfall of $1.3 million, administrators said. The board has announced it will seek an Act 1 exception that, if approved, will allow it to increase taxes beyond a 2 percent cap. Without the additional revenues provided by the exception, the district would face a $660,000 deficit.
Source: Daily Times; 2/1/2012
Media Council forms Third Street Citizens Advisory Committee
Media Council established the Third Street Citizens Advisory Committee, which will give a more official forum to community activists who have taken an interest in the project. The group is comprised of stakeholders who have been active for several months, especially since the Third Street Dam/ Bridge issue has moved into the design phase. Council has requested that the committee file a report no later than April 1. This will give the borough an opportunity for about a six- week review of the grassroots concepts and recommendations in advance of notifying the state of the actual direction the borough wants to take. According to borough officials, the state agencies funding work at Third Street have given council leeway on how to proceed. The borough is not locked into specific concepts dating to the late 1990s when funding was assigned for the project. The committee will meet at 6 p. m. each Monday through March 26 in the second floor conference room in borough hall. All meetings are open to the public.
Source: Daily Times; 1/31/2012
Chester officials offer funding solutions
Officials from the Chester Community Charter School and Chester Upland School District have teamed up and offered a joint proposal to solve the ongoing funding crisis. “With the Governor’s approval, this package of funds would allow the teachers and administrators at both institutions to return to the task of delivering quality education to the 7,000 students in Chester’s schools without the imminent threat of school closures,” said Thomas Persing, acting deputy superintendent for the Chester Upland School District, in a prepared statement. The two districts identified about $28.5 million of “available, previously budgeted state funds and previously approved state loan proceeds” that could be used to keep Chester schools operating until the end of the school year in June, officials said. Leo Hackett, solicitor for the school district, outlined the funds in a Jan. 25 letter to the Pennsylvania Department of Education.
School officials said the funds in their joint proposal include:
- $10.2 million of previously budgeted Pennsylvania Department of Education (PDE) appropriations, which could be drawn from the Commonwealth’s Special Education Contingency funds;
- $4.5 million in a separate, currently unencumbered fund, the majority of which was set aside primarily for Chester Upland and had been previously paid annually to the district;
- $5 million from a Support for Public and Education Fund that had previously been available to the school district; and
- $8.7 million of proceeds from a loan fund that PDE had previously extended to the (school district) and, subsequently, recouped.
Chester Upland ran out of money earlier this month, but a federal judge ordered the state to advance the district $3.2 million so it could remain open until its next court date, Feb. 23. The school board has sued the state for the funding necessary to keep the district open through June. A PDE spokesman did not immediately return a request for comment about the joint proposal.
Source: Daily Times; 1/29/2012
Montgomery County
Amtrak breathes new life into Ardmore project
Lower Merion’s lagging Ardmore revitalization project may have received a sign of hope from Amtrak. After signs that the Ardmore project would be derailed due to lack of funding, commissioners voted to extend a deadline with developer Dranoff Properties until March 31. The extension came with the news that the Ardmore Initiative business authority announced enthusiasm for an “enhanced” development option for the township’s Cricket Lot and most importantly, that Amtrak has stepped forward with a proposal for a parking garage next to the Ardmore Train Station. Ongoing negotiations have curtailed more information about the parking garage proposal. For more information, visit www.lowermerion.org.
Source: Main Line Times; 1/26/2012
Colonial School District eyes tax increase
The preliminary budget passed in the Colonial School District includes a proposed 4 percent school property tax increase. The $99.4 million plan is a tentative first draft that does not obligate the school district to raise taxes by the amount presented; rather it serves as a starting point for ongoing budget planning. The district plans on adopting a final budget for the 2012-13 school year on June 22. The current property tax rate in the school district is 19.215 mills.
Source: Times Herald; 1/21/2012
Upper Dublin receives $11.83 million grant for flood control
Upper Dublin Township received an $11.83 million H20 Flood Mitigation grant from the Commonwealth Financing Authority. The grant will be used to address long-standing flooding problems at the Fort Washington Office Park, which has about 105 buildings and about 14,500 employees. The office park is a large source of tax revenue for the township and the Upper Dublin School District. FEMA has paid $11.2 million in insurance claims from 1978 to 2007 due to flooding in the office park. The grant will be used to construct two dam structures to alleviate the flooding.
Source: Ambler Gazette; 1/25/2012
School budget process concerns aired in Lower Merion
The Lower Merion School Board recently approved the preliminary 2012-13 budget, but the budget approval came with district officials questioning the state-required early budget process that makes it difficult to project the taxes required to cover next year. The state requires school districts to present a budget more than six months before it must be approved, and two months before the governor presents a proposed budget that will help determine the amount of state funding school districts might receive. Once a preliminary budget is approved by a school district, it cannot raise taxes higher than what is approved in the preliminary plan. Lower Merion’s proposed preliminary budget calls for a 3.92 percent tax increase, which would amount to a $225 tax hike on a home assessed at $225,000. The school district is facing a $6.7 million budget deficit.
Source: Main Line Times; 1/26/2012
