News Briefs Archive July 4, 2022

General News

Livestream real estate legislation signed into law
Legislation amending the Real Estate Licensing and Registration Act was signed into law on Monday as Act 25 of 2022. This law permanently allows real estate education courses to be conducted via livestream methods. The Act was House Bill 1849, sponsored by PA Rep. Todd Polinchock (R-Bucks), as it made its way through the Pennsylvania General Assembly.  For the past several months PAR has worked closely with Polinchock, strongly encouraging the General Assembly to approve the bill. Licensees and pre-licensing students have benefited from the ability to take livestream courses live – on platforms such as Zoom – since the start of the pandemic. And, providing the option to continue taking education courses in this format was a major priority for PAR. Livestream education courses must follow identical rules and regulations as in-person real estate education courses, but licensees and pre-licensing students will now have more flexibility and options when obtaining their education credits. Prior to passage of Act 25, real estate education courses could be conducted via livestream methods due to a temporary waiver that was first put in place at the beginning of the COVID-19 pandemic. The temporary waiver was extended several times since 2020, with the latest extension set to expire tomorrow on June 30. With the passage of Act 25, real estate licensees and pre-licensing students can continue to take their education classes via livestream methods permanently. Act 25 takes effect immediately.
Source: PAR JustListed; 6/29/2022

HUD issues new memo on use of Criminal Record Screening by Housing Professionals
On June 10, HUD's Office of Fair Housing and Equal Opportunity issued a memo entitled Implementation of the Office of General Counsel’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions. The memo reviews the principles of the 2016 guidance and sets out some best practices for housing providers who may be concerned about potential liability relating to the use of criminal background screening information on applicants or tenants. Read the memo here.
Source: Housing Equality Center; 6/28/2022

NAR support letter regarding remote online notarization
On June 23, 2022, the National Association of REALTORS®, along with 19 other housing and real estate organizations, signed a letter thanking US Reps. Pallone (D-NJ), McMorris Rodgers (R-WA), Schakowsky (D-Ill) and Bilirakis (R-FL) for including H.R. 3962 in the House Energy and Commerce Subcommittee on Consumer Protection and Commerce hearing on May 26, 2022. H.R. 3962, the Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act, is being spearheaded by Reps. Madeleine Dean (D-PA) and Kelly Armstrong (R-ND), and now enjoys the strong, bipartisan support of over 100 cosponsors. The SECURE Notarization Act would allow for the immediate nationwide use of remote online notarization (RON) technology, with appropriate safeguards to ensure strong nationwide consumer protections. RON allows businesses and consumers the ability to execute critical documents using two-way audiovisual communication. Current requirements for a signer to physically be in the presence of a notary are often impractical and sometimes impossible due to social distancing constraints resulting from COVID-19, as well as other barriers including military service or work travel. Forty states have already recognized the benefits of remote online notarization and passed legislation authorizing its use. Notarizations are used extensively in real estate transactions, as well as in a variety of other important areas including affidavits, powers of attorney, living trusts, and advance health care directives, among others.
Source: Nar.realtor; 6/24/2022

New regional rail authority to hold first public meeting
The Board of the Schuylkill River Passenger Authority will hold a public meeting on July 6, 2022, beginning at 3 p.m., at the Berks County Commissioners Offices, Berks County Services Center, 633 Court Street, 13th Floor, Reading. Board members will discuss election of officers, adoption of Bylaws, meeting schedules, organizational matters, projects, programs and all other matters that may come before the board.
Source: Times Herald; 6/24/2022

Bucks County

Average home price rises in county
The median sale price of a home in Bucks County increased 8.6% from March 2021 to March 2022 for a median price of $412,500, according to a localized analysis by the USA Today Network using data from Realtor.com. The number of houses sold rose by 2.8% - a total of 437 houses were sold countywide in March 2022, while a year earlier, 425 single-family homes were sold. The median home sale price is the midway point of all the houses or units sold over a period of time and is used in this report instead of the average home sale price because experts say the median offers a more accurate view of what's happening in a market. In calculating the average price, all prices of homes sold are added and then divided by the number of homes sold and this measure can be skewed by one low or high price. Read more here.
Source: Bucks County Courier Times; 6/27/2022

Plumstead to amend stormwater management regulations
Plumstead Township Supervisors will conduct a public hearing to discuss proposed stormwater management regulations on July 12, 2022 at 7 p.m. at the Plumstead Township Municipal Building, 5186 Stump Road, Plumsteadville. The proposed ordinance would repeal Chapter 26, Part 1, "Stormwater Management," in its entirety and replace it with amended regulations. The amended ordinance would: add new definitions; require compliance with 25 Pa Code Chapter 102 as a prerequisite for exemption from stormwater management plan submission requirements; provide for volume control in all watersheds; amend stormwater control standards in the Neshaminy Creek Watershed; amend collection system standards related to pipe materials; require erosion and sediment control plans for earth disturbance of 5,000 feet or greater; require riparian buffer easements in subdivision/land developments that encompass a riparian buffer; amend prohibitions on discharges; provide for cumulative penalties for violations of the Stormwater Management Ordinance; and make other changes. Copies of the full text of the proposed ordinance are available at the township offices during normal business hours. All members of the public are invited to attend and participate in the hearing.
Source: The Intelligencer; 06/24/2022

Solebury bans single-use plastic grocery bags
Solebury supervisors unanimously adopted an ordinance that bans the use of free store-provided plastic grocery bags and sets fines for violations. The board gave a 90-day notice to township supermarkets and stores that they will first be warned, but after that they will be fined $250 for the first violation of providing free plastic bags. Further violations within 12 months will cost them up to $500 each. The ban does not include produce bags, laundry or dry-cleaner bags, or bags containing newspapers for home delivery. As for customers, they can pay 10-cents each for a store’s recyclable paper bags or they can use their own reusable bags. After 180 days, commercial establishments will be banned from providing single-use plastic straws or Polystyrene food containers.
Source: Bucks County Herald; 6/23/2022

Doylestown Township awarded $1M for community recreation center
Doylestown Township will receive $1 million in state funding from the state's Redevelopment Assistance Capital Program (RACP) for the Doylestown Township Community Recreation Center. The project will be built on the municipal campus in the township. The project includes construction of a multi-use, public community recreation center that will also feature an indoor multi-function gym and classrooms. The RACP funding was requested by state Sen. Steve Santarsiero (D-10), who said the center will benefit not only Doylestown Township residents but also the broader central Bucks region. RACP is a Commonwealth grant program administered by the Office of the Budget for the acquisition and construction of regional economic, cultural, civic, recreational, and historical improvement projects.
Source: Doylestown Patch; 6/22/2022

Chester County

New Garden clears way for future development on Routes 41, 7
Change is coming to the southern portion of Landenberg on its western edge. Last week, the New Garden Board of Supervisors voted unanimously to amend the municipality’s Unified-Development Ordinance Zoning Ordinance. These guidelines impact hundreds of acres of undeveloped land and establish specific new allowances and requirements for future development on Route 7 and Route 41. A public hearing was held prior to the vote. Due to previous revision, the ordinance no longer impacts Toughkenamon. Tom Comitta, township planner, discussed changes in the ordinance and addressed concerns and questions raised previously by the public and a few recommendations from the county. Comitta said the plan called for “good functional development.” The ordinance impacts land on Route 41 and Route 7 from the Delaware State Line, in an area which also borders Kennett Township, northbound to Newark Road. After the hearing, the board unanimously voted to approve JP Morgan Chase’s request for an extension on its plan to develop White Clay Point. The development would span 200 acres at the corner of Route 41 and Sunny Dell Road. JP Morgan Chase is calling for 309 high-density houses off Sunny Dell Road. JP Morgan Chase has not yet submitted to New Garden an environmental study of the 200 acres that would be impacted by the development.
Source: Daily Local; 6/27/2022

Funding awarded for state-of-the-art firehouse in Berwyn
Berwyn Fire Company will receive an additional $500,000 in state funding for a new, state-of-the-art firehouse, bringing the total state investment for the project to $2 million. The funding, awarded through the Pennsylvania Redevelopment Assistance Capital Program, will support the construction and development of the main fire station located on the company’s existing footprint on Bridge Avenue in Berwyn. The new station will replace the more than 90-year-old existing structure to allow firefighters and company personnel to respond faster and more safely to fire and EMS emergencies in the growing region. The state funding will assist in Phase 1 of the project, replacing the old station. Berwyn Fire Company is currently in the midst of a capital campaign to raise funding for the new station, as well as a new permanent sub-station in Tredyffrin. Founded in 1894 the Berwyn Fire Company is a non-profit organization that provides fire suppression, rescue, EMS, and fire prevention services for the people who live, work, and travel through Tredyffrin and Easttown Townships. Its combined 70 volunteers, 10 full-time employees, and 28 part-time employees respond to more than 2,150 ambulance calls and 900 fire calls annually.
Source: Daily Local; 6/27/2022

Chester County recognized among nation’s healthiest communities
Chester County has been recognized as one of the 500 healthiest counties in the nation by U.S. News & World Report in collaboration with CVS Health. Chester County ranks number 92 overall, based on 10 categories that drive community health, and is a top county in the Commonwealth of Pennsylvania. There are more than 3,000 counties and county equivalents across America. This accolade follows news in April of Chester County’s number- one health ranking in Pennsylvania as determined by the University of Wisconsin and Robert Wood Johnson Foundation County Health Ranking report. Commenting on the U.S. News & World Report national health ranking, Chester County Commissioners’ Chair Marian Moskowitz said, “The commitment of our Health Department leadership and staff, our healthcare providers, hospitals, clinics, social service-related nonprofit organizations, and our environmental stewardship and recreational resources all add up. They are partnerships that reap so many benefits for our residents, and I thank them all for their contributions.” Chester County also ranked in the Top 100 High Performing Urban Communities nationwide, scoring in the top 10 percent in the “Economy” category. The 2022 U.S. News & World Report Healthiest Communities Report is available here.
Source: Daily Local; 6/27/2022

OJRSD budget raises taxes 2%
The Owen J. Roberts School Board adopted a $137.4 million final budget for the 2022-23 school year. The final budget carries a 1.98 percent tax hike, raising the district millage by 0.6587 mills, from 33.2712 to 33.9299. According to the budget summary prepared by the district, the average property assessment in the school district is $184,112, meaning the 1.98 percent tax hike would increase that tax bill by $121. Local taxes comprise roughly 78 percent of all the school district’s income with the state’s share getting smaller every year. Revenue from other funding sources for the school district – an earned income tax and real estate transfer tax – are up by a combined $1 million over the previous year, according to the summary.
Source: The Mercury; 6/22/2022


Comments requested for Downingtown’s flood map
The Federal Emergency Management Agency (FEMA) is seeking technical information or comments on proposed flood hazard determinations for the Flood Insurance Rate Map (FIRM), and where applicable, the Flood Insurance Study (FIS) report for Downingtown Borough. These flood hazard determinations may include the addition or modification of base flood elevations, base flood depths, Special Flood Hazard Area boundaries or zone designations, or the regulatory floodway. The FIRM and, if applicable, the FIS report have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with Title 44, Part 65 of the Code of Federal Regulations. These determinations are the basis for the floodplain management measures that the borough is required to adopt or show evidence of having in effect to qualify or remain qualified for participation in the National Flood Insurance Program. Click here for more information on the proposed flood hazard determinations and information on the statutory 90-day period provided for appeals. 
Source: Daily Local; 6/24/2022

Delaware County

Concord Township open space plan now available for viewing
A volunteer steering committee appointed by Concord Township recently completed a Comprehensive Recreation, Park, and Open Space Plan for the municipality. The committee, working with a paid consultant, utilized a grant from the Pennsylvania Department of Conservation and Natural Resources (DCNR) to complete the plan. In addition to the full report, there is an Executive Summary that provides a more succinct overview of the Plan. The Township welcomes and encourages public feedback; please provide comment via email to office@concordtownship.org no later than July 8th. Visit the Township website to access a flipsnack or PDF version of the report. Paper copies of the plan are available for review at the township office, 43 S. Thornton Road, Glen Mills, PA 19342 during summer business hours.
Source: Concord Township; 6/23/2022

Resolution sets diversity goals in public works contracting
Delaware County Council voted unanimously on June 15 to approve a formal resolution that sets goals for increased diversity in public works contracting undertaken by Delaware County. Resolution 2022-3, “Resolution Regarding Goals for Diversity in Public Works Contracting,” sets several goals to help ensure that contractors make a good faith effort to have at least a 10% participation rate of local, minority, and female residents in their workforce, and that contractors make a good faith effort to utilize small local businesses and minority, veteran, and woman-owned businesses on projects awarded by the County. The resolution defines a “good faith effort” to include the hosting of a public job fair prior to the commencement of a project, the posting of available employment opportunities with the Delaware County Workforce Development Board and its PACareerLink offices, and providing employment and training services, advertisement of employment opportunities in a newspaper of general circulation throughout Delaware County and on the internet. Per the County code, the resolution was effective upon adoption, and the County will begin to implement its provisions in soliciting and awarding covered public works contracts.
Source: Daily Local; 6/27/2022

Marcus Hook smokestack imploded
IMC Construction recently brought down a smoke stack located just off Penn Avenue near the Marcus Hook Fire Station. The implosion is one of the final parts of the demolition process that has transformed a series of abandoned buildings containing 700,000 square feet of space on 30 acres into small piles of rubble. The property has been largely empty for more than 40 years. Replacing the abandoned buildings will be a fully sprinklered, environmentally focused and LEED-sustainable designed warehouse which is expected to bring jobs to the community. In November a three-alarm fire struck one of the buildings being demolished. Nobody was injured in the blaze in the old warehouse section of the building that required numerous fire departments to quell the flames. The sale of the property to Duke Realty was finalized in December and since that time, work has been progressing on the property.
Source: Daily Times; 6/21/2022

Delaware County still has $69 million available in unspent ARPA funds
Delaware County Council held a special meeting to discuss the status of the $110 million they are receiving in federal American Rescue Plan Act pandemic funding. Council member Christine Reuther estimated the new health department will be the single largest recipient of ARPA dollars. Reuther said the preventative measures the health department can take will be an important part in serving under-served communities and a critical use for ARPA dollars. After hearing presentations from public organizations offering programs that would like a piece of the pie, County Executive Director Howard S. Lazarus shared that $32 million of the ARPA money has been allocated but not spent yet; $8 million has been spent; and $69 million has not yet been allocated to a specific use. The County is limited by Federal law on how they can spend the funds, however they are given broad discretion to provide government service and response to the COVID-19 public health emergency and its negative economic impacts. ARPA money must be allocated by Dec. 31, 2024 and spent by the end of 2026. While the county has until 2026 to spend the funds Lazarus warned council members that “the clock is always ticking” on the use of funds. He said the County is considering using $10 million for the coming budget as lost revenue.
Source: Daily Local; 6/26/2022

Did Upper Darby Council violate state and local law? A court is asked to rule
Six members of Upper Darby Council who, earlier this month, fired the township’s Chief Administrative Officer (CAO) Vincent Rongione, have filed a complaint with the Delaware County Court of Common Pleas asking the court to affirm their authority to do that. That action followed an opinion expressed by Robert Scott, an attorney consulted by Mayor Barbarann Keller. In his opinion, Scott said that the council members may have violated both state law and Upper Darby’s home rule charter with the vote to fire the CAO.
Source: Chester Spirit; 6/22-28/2022

Montgomery County

Lower Merion School District approves lower tax increase
The Lower Merion Board of School Directors approved a 2022-23 budget of $303.94 million with a tax increase of 1.39%. The district’s preliminary budget included a proposed increase of 3.4%, however a settlement agreement in a lawsuit resulted in a lower tax rate for district property owners. The suit was filed by Arthur Wolk and two other township residents over the idea that the district finished each budget year with a surplus, but still increased taxes. The new millage rate of 31.2045 means an increase of $107 for an assessed home valued at just over $250,000. Victor Orlando, business manager, said the 3.4% tax increase would have meant a tax increase of $262 for a home assessed at just over $250,000. Read more here.
Source: Main Line Times; 6/24/2022

County adjusts property records search criteria
Effective June 17, 2022 the ability to search Montgomery County Property Records by owner name has been deactivated due to privacy concerns.  Searches may still be completed using parcel number or street address.
Source: Montgomery County; 6/2022

West Conshohocken council vacancy
The Borough of West Conshohocken is looking to fill a vacant council seat for an unexpired term that runs until Jan., 2024. Persons who are a registered elector and have resided in West Conshohocken continuously for at least one year immediately prior to being appointed on July 12, 2022, are eligible. Interested persons should send a letter of interest and resume to: West Conshohocken Borough Manager, 112 Ford Street, West Conshohocken, PA 19428. This information must be received at Borough Hall no later than 3 p.m. on Weds., July 6, 2022.
Source: Times Herald; 06/17/2022

Upper Merion to regulate short-term rentals
Upper Merion Township supervisors will hold a public hearing on a proposed ordinance regulating short-term rentals at their regular Business meeting on July 14, 2022 at 7:30 p.m. The meeting will take place at the Upper Merion Township Municipal Building, 175 W. Valley Forge Rd, King of Prussia. The proposed ordinance would establish definitions; designate prohibited zoning districts, including all residential districts; provide permitting and renewal requirements (inspections); and establish penalties for violations. Click here for the full text of the ordinance.  All interested persons may appear and be heard at the scheduled hearing.
Source: Times Herald; 6/22/2022

Upper Merion to update construction codes
Upper Merion Township supervisors will hold a public hearing on July 14, beginning at 7:30 p.m., to consider a proposed ordinance amending the township’s Uniform Construction Code. The ordinance would adopt provisions of the 2018 International Building Code, Residential Code, Fire Code, Plumbing Code, Mechanical Code, Existing Building Code, Urban-Wildland Interface Code, and 2017 National Electrical Code. The meeting will take place at the Upper Merion Township Municipal Building, 175 W. Valley Forge Rd, King of Prussia. The full text of the ordinance is available for review in the office of the Township Secretary during normal business hours, M-F, 8:15 a.m. to 5 p.m.; the township website, Township Library, Montgomery County Law Library, 2 East Airy Street, Norristown, and in the offices of the Times Herald, 390 Eagleview Boulevard, Exton, PA 19341. All interested persons may appear and be heard at the scheduled hearing.
Source: Times Herald; 6/22/2022

Philadelphia

Pennsylvania Supreme Court denies Philadelphia's appeal on property reassessment case
Pennsylvania’s Supreme Court has denied Philadelphia’s request to appeal a Commonwealth Court ruling that determined it was illegal and unconstitutional when the city focused solely on commercial properties during a 2018 reassessment. In denying the appeal, the state supreme court reaffirmed not only the Commonwealth Court’s ruling but a lower court ruling that came to the same conclusion that Philadelphia violated the Pennsylvania and Federal Constitution and the requirement of uniform and fair assessments. The city can’t single out one property type over another when it undertakes a reassessment, according to the court rulings. To be fair, a reassessment must involve both residential and commercial real estate. Commercial properties include offices, hotels, warehouses, retail centers and apartments and the 2018 reassessment accounted for $118 million in new revenue for the city. The city is required to refund property owners who paid their tax bills based on the 2018 reassessment and that will translate into a financial obligation in the tens of millions of dollars. One previous estimate pegged it at $30 million or more. The refunds will include use and occupancy taxes plus interest. It's unclear how the city will pay for the refunds, what the total amount will be, when it will be paid, and whether it will need to be made part of Mayor Jim Kenney’s proposed $5.6 billion budget. A representative from the city couldn’t be immediately reached for comment.
Source: Philadelphia Business Journal; 6/8/2022

Large survey of Philly renters shows there are 20,000 illegal evictions each year
A report out of Philadelphia shines new light on the city’s eviction crisis. Released this month by Community Legal Services and the Housing Initiative at Penn, the data shows there are roughly 20,000 illegal evictions in the city each year. These are evictions where a landlord forces a tenant to move out of an apartment by either changing the locks, shutting off utilities, or harassing them, among other tactics. The figure represents about 7% of all renters in Philadelphia. Roughly the same percentage of tenants are legally evicted through the courts. CLS project manager Lauren Parker said their organization has always known illegal evictions were a “huge problem” in Philadelphia, but was not fully aware of how many residents were impacted. The report comes as the city continues to face an affordable housing crisis that’s been exacerbated by the pandemic. Philadelphia’s Rental Assistance Program — an initiative launched more than two years ago to help renters and landlords financially burdened by the pandemic — is currently out of cash after distributing more than $260 million to more than 40,000 households over the life of the program. More than 16,000 applications have yet to be reviewed, according to a city dashboard for the program. On Thursday, Philadelphia City Council approved a budget agreement that includes $15 million more for the program.
Source: Plan Philly; 6/24/2022

Philly City Council sends budget, property tax relief to Mayor Kenney’s desk
During its last legislative session before summer recess, Philadelphia City Council finalized a budget agreement that offers homeowners additional property tax relief, while minutely lowering the city’s wage and business taxes. The compromise, rooted in a $5.8 billion operating budget, does not include any tax hikes. Council and Mayor Jim Kenney’s administration both sought to ease the financial burden of rising property assessments. After a three-year pause, residential property values went up by an average of 31% this year. An independent analysis conducted by the City Controller’s Office found that values shot up more than 50% for nearly a quarter of all single-family parcels, of which there are approximately 450,000. Read more here.
Source: Plan Philly; 6/23/2022

Many Philly gas customers get hit with enormous weather normalized bills
Across Philadelphia, many Philadelphia Gas Works (PGW) customers are reporting staggering gas bills at a time of the year when heating costs typically go into a long summer snooze. Many fear that the soaring cost of energy, which has impacted everything from gasoline to heating oil, is to blame. But it’s not the rising cost of natural gas that has inflated some PGW bills. Nor was there a cold snap in May that caused a big surge in gas usage. The culprit is a single bill charge called the “weather normalization adjustment” (WNA), which allows PGW to adjust its bills up or down between October and May when the actual weather departs significantly from normal weather patterns. PGW says the warm weather in May was responsible for the charge, which allows the utility to make up for the money it otherwise would have lost. It is telling customers who complain that they have no recourse other than to apply for a payment plan. PGW does not acknowledge that there is a problem with its current calculation of the weather normalization charge, and sticks to a response that the WNA was approved by state regulators. “We certainly understand the impact this charge may have on our customers, so we are continuing to monitor the issue and investigating what options we may have if we encounter these similar circumstances again in the future,” Richard G. Barnes, a PGW spokesman, said in an e-mail response to questions. “Again, we encourage customers to contact us for a payment arrangement if they need assistance.” Customers should first reach out to the utility if they have a problem with their bill. But if they are unsatisfied with the response, they can file a complaint with the Pennsylvania Public Utility Commission, which regulates PGW, said Nils Hagen-Frederiksen, the commission’s spokesman. The PUC has permitted PGW to include a weather normalization charge on its bills since 2002. Only one other utility in the state, Columbia Gas of Pennsylvania, which is based outside Pittsburgh, has gotten PUC approval for a similar charge.
Source: Philadelphia Inquirer; 6/26/2022

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