News Briefs for December 8, 2023

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Built in 1906, the historic Wayne Hotel building in Radnor Township is a five-story, Tudor Revival building with a two-story rear extension. Delaware County is considering imposing a tax on short-term rentals, though it would not affect existing hotels, and Radnor Township is planning a small property tax increase.

 Photo: Smallbones (CC0)

General News

EPA proposes removal of lead pipes from U.S. water systems within 10 years
The U.S. Environmental Protection Agency (EPA) is proposing a rule that would require water systems across the country to replace millions of lead service lines within 10 years. The rule would accelerate progress toward the Biden administration’s goal of removing 100% of lead pipes; lead exposure is linked to significant health and developmental problems, especially for children. The Safe Drinking Water Act authorizes EPA to establish regulations for public water systems, and the Lead and Copper Rule was established in 1991 to reduce exposure to lead in drinking water. It was revised in 2021, generally with more detailed and stringent requirements. The new proposed rule would further strengthen the ways the rule targets lead in drinking water by improving how water systems are tested for lead levels and lowering the lead action level, the threshold that requires additional compliance activities. Water systems would also have to show consistent progress toward replacing lead pipes, with a minimum of 10% of lead pipes replaced each year. The EPA can enforce regulations under the Safe Drinking Water Act with civil penalties or fines. New lead pipes have been banned in the US since the 1980s, but there are still 9.2 million lead service lines in America. Compliance with the proposed rule is estimated to cost billions of dollars, but a cost-benefit analysis presented with the proposal suggests that the benefits would be four to 10 times greater. And the benefits are largely centered around public health prevention, such as protecting against IQ loss among children, preventable death and disease, and more. Read the Biden Harris Administration announcement here. According to the EPA, Pennsylvania ranks fourth for underground lead pipes.
Source: CNN; 11/30/2023

Flood Insurance Premium Assistance Task Force established in PA
Gov. Josh Shapiro was in Lower Bucks County on Monday to hold a ceremonial bill signing for House Bill 735, now Act 22, which establishes a Flood Insurance Premium Assistance Task Force. The task force’s mission will be to develop policies to increase access and affordability to flood insurance. The task force will examine and recommend potential programs that provide premium discounts, incentivize local governments to support flood mitigation efforts, push for any necessary changes to state policies regarding the administration of flood insurance, and increase the number of homeowners who purchase flood insurance, either through the national flood insurance program or the private flood insurance marketplace.
Source: Bucks County Courier Times & LevittownNow.com; 12/4/2023

NAR to hold real estate forecast summit
The National Association of Realtors will hold a virtual economic and real estate summit to provide a year-end review of 2023 and an outlook on the real estate market and the economy in 2024. The event will take place on Tuesday, Dec. 12, from 1 to 2 p.m. Learn more and register here.

Bucks County

Developer requests variances for 60 townhomes in Langhorne
Toll Brothers has presented a proposal to Langhorne Borough to build 60 townhomes at the Woods Services’ property along Bellevue Avenue, Flowers Avenue and Pine Street (Route 413.) The developer came before the borough’s zoning hearing board to request zoning variances that include townhome development, lawn grading, fence placement, deck and patio construction, lot size, and exceeding the permissible impervious surface area. At a recent, well-attended hearing that was continued from Aug. 30, representatives for Toll Brothers outlined plans for the multi-parcel site, including retaining existing homes and the addition of a public walking trail, flagpole, residential mail kiosk and decorative features. Residents in attendance expressed concern over the scale of the project, the potential increase in traffic, and stormwater management. Nathan D. Fox, attorney for Toll Brothers, said that under existing zoning, the site could accommodate multiple houses or a retirement community linked to Flowers Avenue, saying that the current plan “better aligns with the borough’s character.” The building plans can be viewed at Langhorne Borough Hall at 114 E. Maple Ave. The meeting is scheduled to resume in December.
Source: Bucks County Courier Times; 11/29/2023; & LevittownNow.com; 12/1/2023

Central Bucks sees $1.75M attorney bill over anti-LGBTQ complaints
The Duane Morris law firm has billed the Central Bucks School District $1.75 million since it was hired in November 2022 to address complaints about the district’s treatment of LGBTQ students, according to a report confirmed by a school board member. The bill total was first reported by the Bucks County Courier Times. The district has insurance, but that has only covered about $250,000 of the expense. The district opted to use the Duane Morris firm, but because the firm was not on the insurer’s approved counsel list the approved reimbursement was a little more than $200 an hour — the same rate as the approved panel counsel. Three of the Duane Morris partner attorneys who worked on the cases between November 2022 and March 2023 charged between $640 and $940 an hour, according to financial documents. The bills from Duane Morris have come as newly elected Democrats prepare to take the majority on the school board. Read more here.
Source: Philadelphia Inquirer & Bucks County Courier Times; 12/1/2023

Improvements to Doylestown’s Community Park to begin soon
A groundbreaking is scheduled for Tuesday, Dec. 19, at 3 p.m. for improvements to Central Park in Doylestown Township. The project has been years in the making. The plan calls for construction of a community recreation center, the installation of new outdoor sports courts, and the addition of a comfort station, including bathrooms. The township expects the improvements to cost about $12.9 million and take about 14 months to complete. The township has secured $1.7 million in grants from the state, has raised $300,000 through its fundraising campaign, allocated $400,000 in transfers, and generated $720,000 from the sale of a cell tower, officials said. Officials also anticipate a tax increase of 2.3 mills in 2024 to cover the debt service associated with the project, said Township Manager Stephanie Mason. She said the township will continue to look for grant opportunities that can further support the project.
Source: Bucks County Courier Times; 12/5/2023

Taxes steady in Upper Makefield
Upper Makefield Township supervisors unanimously adopted the $9.1 million general fund budget for 2024 that maintains the current tax rate of 6.45 mills. A mill is equal to $1 of every $1,000 of a property’s assessed value, so a residential property assessed at $70,000 will pay about $451 in township real estate taxes in 2024. Upper Makefield also collects an earned income tax that will generate $4.75 million in revenue and the real estate transfer tax is expected to produce $700,000 in revenue.
Source: Bucks County Herald; 11/30/2023 

Chester County

DCNR’s plans for Big Elk Creek State Park draw opposition
The Pennsylvania Department of Conservation and Natural Resources (DCNR) has laid out its plans for the new Big Elk Creek State Park, and some neighbors and stakeholders aren’t happy. Located along the Maryland border, the 1,700-acre Big Elk Creek property in Elk and Franklin townships contains 800 acres of farmland, 600 acres of woodland, 100 acres of native grass meadows and nearly 200 acres of flood plains. It was established in September 2022, as part of a $45 million, 30-year investment by the state that also included the Susquehanna Riverlands in York County and Vosburg Neck in Wyoming County as additions to the commonwealth’s 124-park system. DCNR introduced its initial development and restoration ideas for Big Elk Creek State Park in November, including low-impact site design, the construction of environmentally responsible buildings and protection of the environment. The plans also incorporate family campgrounds that will offer 30-foot by 30-foot cabins and standard, full-service and walk-in campsites, and parking spaces for RVs. DCNR called the plan “Great Gathering Sites.” In recent weeks, opposition has continued to ratchet up in volume throughout Elk and Franklin townships, with residents pushing back against campsites and criticizing a lack of communication from the state. Read more here.
Source: Chester County Press; 11/29/2023

$6.5M community center opens in East Whiteland
About 50 Malvern-area residents and state officials on Nov. 29 celebrated the opening of the Great Valley Community Organization’s community center at 5 N. Bacton Hill Road in East Whiteland Township. “This center has been a dream of ours for the last 15 years and today we open the doors to a bright future ahead,” said Tom Curran, founder of the nonprofit, during a ribbon-cutting ceremony. The 16,000-square-foot, $6.5 million center offers sports, community rooms, and more for residents in the Malvern area and beyond. Funding for the project includes a $1.3 million state grant and $3 million from businesses and other donations. The center has programs for children with special needs and the Chester County Seeing Eye Puppy Club. "I am proud to join our partners in securing funding for this community center, a place where generations of Great Valley area families and children can learn, grow and create lifelong memories,” said state Sen. Carolyn Comitta, a Chester County Democrat.
Source: Malvern Patch; 11/30/2023

Tredyffrin and Easttown unite to fund new Berwyn Fire Station
Tredyffrin supervisors approved an inter-municipality agreement between Tredyffrin and Easttown townships that will see the construction of a new fire station, which will combine fire and EMS services. “This is the culmination of two years of work to fund and move forward with Easttown to ensure our residents are delivered the highest quality of emergency services,” William F. Martin, Tredyffrin’s township manager, said. Easttown supervisors approved the agreement on Nov. 20. The agreement is meant to help deal with local fire companies and emergency medical responders being stretched too thin by a combination of increased call volume and declining numbers of volunteers. The new fire station at 23 Bridge St., is estimated to cost $9 million, with Easttown contributing $2.1 million, Tredyffrin contributing $4.9 million and the fire department getting a $2 million state grant. When complete, the station will be owned by the townships and leased to the fire company.
Source: Tredyffrin-Easttown Patch; 12/5/2023

PA Supreme Court won’t hear Tower Health’s appeal of Phoenixville Hospital’s property tax case
The Pennsylvania Supreme Court issued an order Tuesday denying Tower Health’s bid to appeal its loss of a property tax exemption for Phoenixville Hospital. Phoenixville Area School District said the decision will allow it to keep nearly $5 million in property taxes paid by Tower since the company acquired the hospital in 2017. “This ruling is a victory for the district as well as the greater Phoenixville community, but most importantly for our students,” the district said in a statement. The Supreme Court action effectively upheld the Pennsylvania Commonwealth Court’s decision in February that three Tower hospitals in Chester County were not eligible for property tax exemptions, even though Tower is a nonprofit corporation. Two of the Chester County hospitals — Brandywine and Jennersville — had already been closed when Commonwealth Court ruled. Phoenixville is still in operation, dealing with the consequences of the initial October 2021 decision by Chester County Court of Common Pleas Judge Jeffrey R. Sommer. Sommer found that the three Chester County hospitals did not qualify for property-tax exemption for three main reasons: They did not provide enough free services; the hospitals’ businesses were too intertwined with the interests of doctors working at for-profit practices; and they did not operate free of private profit motives given their executive compensation packages. The court cases send a signal that nonprofit health systems should not expect taxpayers to subsidize exorbitant executive salaries, a lawyer representing Phoenixville Area School District said.
Source: Philadelphia Inquirer; 12/6/2023

No police or staff cuts in Oxford Borough’s 2024 budget
Budget discussions are still ongoing, but Oxford Borough Manager Pauline Garcia-Allen told the public at a recent finance committee meeting that there are “no police or staff cuts for our 2024 budget.” Garcia-Allen emphasized that the borough is currently looking at a roughly $252,000 deficit. At this point, the council is looking at a 1.5% increase in municipal taxes. The proposed tax hike would result in an annual increase of about $225 for a home with an assessed value of $150,000. The borough is looking at increased costs for health care, unfunded mandates, equipment costs and more. The borough is currently in arbitration with the police department’s collective bargaining unit.
Source: Chester County Press; 11/29/2023 

Delaware County

Delco council eyes 5% real estate tax increase
Delaware County officials say that a 5% real estate tax increase is necessary to balance the 2024 budget. Should the tax increase remain in the budget, it would equate to a $38 annual increase for a property assessed at approximately $250,000, the county average. “Nine straight years without increasing revenue is a heck of a run,” County Councilman Kevin Madden said. “No organization — public or private — I don’t care who, you can’t see all of your costs go up significantly and see revenues stay flat and make that math work.” A final budget is anticipated to come up for a council vote at the Wednesday, Dec. 13, meeting. Read more here.
Source: Daily Times; 12/6/2023

EIT off the table for Upper Darby next year
A special hearing on a proposed 1% earned income tax (EIT) for Upper Darby residents and workers was recently canceled, effectively tabling the issue until at least next year. In order to institute the new tax, the township would have had to notify the Pennsylvania Department of Community and Economic Development by Dec. 1. Mayor Barbarann Keffer had earlier proposed the township adopt a 1% EIT, bringing dozens of unhappy residents to meetings to complain. Alison Dobbins, acting chief administrative officer, said the township administration has appreciated the feedback from residents and looks forward to continued positive conversations on the township’s revenue options. The $88.7 million budget proposal includes money for nine new police officers, a key item Keffer wanted to fund through the EIT.
Source: Daily Times; 12/3/2023 

Delaware County Council weighs 3% tax on short-term-rental operations
Delaware County Council is considering a 3% tax on short-term-rental businesses (such as Airbnbs and VRBO-affiliated properties). The state law provides for an occupancy tax from 3% to 5% on any short-term rentals that are 30 days or less. “It’s not just hotels, it’s anybody renting a room,” said Stephen Byrne, executive director of Visit Delco. The 3% rate for hotels will remain the same. In Delaware County, there are 4,200 hotel rooms in 40 hotels. The number of rooms offered on various short-term rental platforms is in the process of being counted.
Source: Daily Times; 12/1/2023

Radnor Township property owners to see small tax increase
Radnor Township Commissioners approved a 2.1%, or 0.05-mill, real estate tax increase. White said smaller increases could prevent a larger one in the future, especially if other township revenues, such as business taxes, fell unexpectedly. The primary purpose of the increase is to cover an operating deficit of roughly $257,300. The deficit is the result of a new community support unit approved by the commissioners over the summer. The unit is being staffed with a licensed clinical social worker and police officers. At just under 2.29 mills, Radnor Township’s portion of the total property tax millage represents the smallest portion.
Source: Daily Times; 12/4/2023

Fire tax up in Concord
Concord Township residents will see a slight increase in their tax bills for 2024, as the township’s fire tax increases from 0.044 mills to 0.697 mills. Council President Dominic Pileggi said the increase is necessary to adequately fund the Concordville Fire and Protective Association, which is facing a chronic shortage of volunteers. Pileggi added that with the township population growing and people expecting more service from government, the township should consider other ways of increasing Concord’s revenues. Pileggi said the increase would amount to about $11 per year per property.
Source: Chadds Ford Live; 12/6/2023 

Montgomery County

North Penn schedules referendum on moving 9th grade to high school
North Penn School Board members voted unanimously in October to set a date of Jan. 16, 2024, for a voter referendum on borrowing roughly $97.3 million to move ninth-graders to the high school. Planned renovations to the school have been discussed for a year. If the referendum passes, the high school project would move ninth grade onto the high school campus and add a driveway that would create a new access point to Sumneytown Pike. A new commons area and gym would also be included, with no need for temporary modular space. Find out more here.
Source: The Reporter; 10/24/2023

Challenges filed in Towamencin Township supervisors race
Updated vote totals posted on Nov. 27 showed Towamencin Township Supervisor Rich Marino, a Republican incumbent, and challenger Kofi Osei, a Democrat, tied with 3,035 votes each in the race for the seat currently held by Marino. To break the tie, Marino and Osei participated in the drawing of lots held on Nov. 30 in Norristown. As mandated by state law, the candidate who chose the lower number would be deemed the winner. Osei chose number 15 and Marino chose 28. Although the lots were drawn, county senior assistant solicitor John Marlatt told county election board members who were meeting to certify the election that the Republican National Committee filed litigation requesting “a stay of certification of the Towamencin race from the district court.” Marlatt noted that a stay had not been ordered as of the time of the election board meeting. He also reported that, “Mr. Marino has filed an election contest in the court of common pleas and has also requested a stay there.” The election results were certified in a 2-1 roll call vote, despite objections to exclude the Towamencin Township race.
Source: The Reporter; 12/4/2023

Apartments, townhomes proposed at David’s Bridal property in Whitemarsh
High Top Development has submitted a sketch plan to Whitemarsh Township for a proposed 165-unit apartment building and 25 townhouses on the David’s Bridal property at 1001 Washington St. A sketch plan is a preliminary submission that does not include all of the details required for approval. The sketch plan shows that the current parking garage for the office building would be kept and five stories of apartments would be constructed above. Each story would have 30 one-bedroom apartments and three two-bedroom apartments. The office building would be demolished, and in its place 25 townhouses would be constructed.
Source: MoreThanTheCurve.com; 11/28/2023

2023 Montgomery Award Winners announced
Five projects and a lifelong open space preservation advocate received 2023 Montgomery Awards at the annual November awards celebration. The awards recognize the best in planning and design in Montgomery County and acknowledge the high quality of work and commitment of communities, organizations and professionals involved. Award recipients include: 

  • Philip A. Smith, an open space preservation advocate
  • The Reserve at Maybrook
  • SORA West
  • PV Woods – Lenape Arboretum and Muhlenberg Woods
  • Park to Perkiomen Trail Connector
  • Jacob Reiff Park Stream and Floodplain Restoration

Since its initiation in 1967, the Montgomery Awards program has presented 238 awards throughout Montgomery County. Read more about each recipient here.
Source: MCPC; 12/2023

Jenkintown eyes sewer and library fund increases
Jenkintown Borough is proposing an increase to the annual sewer fee and is considering an increase to the library fund. Borough Manager George Locke said the library’s directors asked for an increase of 1 mill, which equates to about $47,000 in revenue. Council is contemplating spreading out the increase over a two-year period — a hike of $13 per average household in 2024 and 2025 instead of a $26 increase in 2024. Locke said the library fund has not seen an increase in 16 years. The sewer rate — unchanged since 2015 — may also see an increase. Jenkintown’s current rate for the average residential usage of 58,000 gallons per year is approximately $198. The proposed annual sewer rate fee beginning in 2024 for the average residential usage of 58,000 gallons per year would be approximately $246 — an increase of about $48. Rate payers under 10,000 gallons a year would not be affected by the increase, and those up to 24,000 would average a $28 annual increase. According to Locke, even with the increase Jenkintown’s sewer rate will remain the least expensive of 30 reviewed municipalities.
Source: GlensideLocal.com; 11/28/2023 

Philadelphia

Design of Sixers’ proposed Center City arena to be vetted in special city meeting
The Philadelphia 76ers’ $1.55 billion Center City arena proposal is set to be reviewed by a city committee for the first time since the controversial project was unveiled a year and a half ago. The project’s master plan is included on a Civic Design Review Committee agenda for Dec. 18. The committee often serves as the first step in the approval process. The committee doesn’t have authority to approve or deny projects, but provides feedback to developers on the design and elements of a project that are visible and accessible by the public. City Councilman Mark Squilla, whose district includes the proposed arena site, requested the special meeting, said Karen Guss, a spokesperson for the mayor's office. The arena, designed by Gensler, is proposed on Market Street between 10th and 11th streets at the site of the Fashion District mall. The Sixers have an agreement in place with Macerich, the mall owner, to buy that portion of the mall if the proposal is approved by the city. The mall would downsize from 830,000 square feet to 600,000 square feet. Though the site is zoned CMX-5, a sports arena triggers a required approval from City Council and the mayor. Because of Philadelphia’s tradition of councilmanic prerogative — meaning individual city councilmembers make nearly all land use decisions in their jurisdictions — Squilla will play a key role in whether the arena is approved. If the arena proposal does move forward, city council may introduce legislation in 2024 to legally recognize a master plan for the arena site. Read more here.
Source: Philadelphia Business Journal; 12/4/2023

Monthly rents in Philly remain historically high despite slight decrease
Monthly rents in Philadelphia are now on par with national averages, according to a new report from rental platform Zumper. The median rent for a one-bedroom apartment is $1,499, a dollar short of the national average. The median rent for a two-bedroom place is $1,750, about $100 off the national number. Both figures represent slight decreases compared to last month, but rents remain historically high as the city continues to grapple with an affordability crisis and a weak housing market. “[During] the pandemic, everyone was kind of cooped up from 2020 basically through 2022,” said Zumper spokesperson Crystal Chen. “So 2022 was the year where basically everyone who wanted to move moved, so there was just a lot of demand and a lot of competition.”
Source: PlanPhilly; 12/1/2023

Accountability for damage to neighboring homes during construction scarce in Philadelphia
Over the past decade, builders have flooded into Philadelphia’s rowhouse neighborhoods, bringing with them the largest surge of investment since the areas were first developed as mass-produced workforce housing. But their work has also posed serious hazards, as general contractors — without any required qualifications beyond insurance and basic workplace-safety training — labor under building codes that former code officials say were not designed to protect Philadelphia’s densely built, interconnected structures. Some city building inspectors said they are unable to keep up with the level of construction taking place, which has led to a Wild West atmosphere. Philadelphia spokesperson Shemeka Moore declined to provide current code department staffing levels, but said it is adequate and that a class of new inspectors is now in training. Open Data Philly, which publishes city payroll through June 2023, identified 23 building inspectors — down from 73 in 2019. One former inspector said that over the past five years, his territory doubled in size and his permit load swelled into the thousands. Instead of eight to 10 inspections a day, he’d be assigned about 25 — far more than he could complete. Moore said that inspectors typically visit about seven sites a day, but that could include several different permits on each site. The former inspector, who spoke on condition of anonymity because he feared retaliation affecting his pension, said that even when he encountered serious violations that should have triggered stop-work orders, he often let them go. Read more here.
Source: Philadelphia Inquirer; 12/6/2023 


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