When to refer clients to a zoning officer or other expert
The Pennsylvania Association of Realtors (PAR) Legal Hotline gets lots of calls (6,500-7,000 per year) about lots of topics — and one of its most common answers is: “Your client should talk to a [someone other than you] about that issue.” It’s usually a real estate attorney, but it might also be a lender, a closing company, an inspector or an accountant — the list goes on. In one recent news item, a couple bought a home only to find out they couldn’t use it as a vacation rental due to zoning restrictions. When faced with a question like, “Can I use the property in a certain way?” the answer should almost never be a yes or a no, but should be more like, “Let me help you figure out how to check with the zoning office, and you can talk to an attorney if you have any questions after that.” In fact, PAR has Agreement of Sale contingencies for just this purpose. The residential Agreement of Sale (Form ASR) has a “Deeds, Restrictions and Zoning” inspection contingency that allows buyers to check out zoning ordinances and make sure that the current use of the property is permitted. Read more at the PAR JustListed blog. ®
Source: PAR JustListed; 10/13/2023

Renters running to Philadelphia
Philadelphia is seeing a substantial increase in apartment construction and rental activity, according to reports by RentCafe. Over the past three years, the Philly metro area has contributed 18,200 new apartment units, ranking 20th nationwide. “At the city level, Philadelphia has taken the lead within the metro area, with 6,852 new units added to the market between 2020 and 2022,” says Esther Urmosi, communication specialist at RentCafe. “Nearby Exton follows in second place with 1,045 units added during this three-year period, and Wilmington comes in third with 937 units.” By the end of 2023, the Philly metro area is projected to introduce 4,806 new rental units, with 2,950 located in the city itself. The increase in apartment construction is needed to accommodate the growing rental activity in Philly. Though Philadelphia’s apartment construction rate is surging, it’s not quite enough to keep up with prospective renters. The city has seen an 11% decrease in the availability of rentals compared to last August. Read more in the Pennsylvania Association of Realtors JustListed blog.
Source: PAR JustListed; 10/11/2023

PA to focus on economic competitiveness
During the Pennsylvania Small Business Development Centers’ fall consultant symposium, business advisers in attendance heard from Rick Siger, secretary of the Pennsylvania Department of Community and Economic Development (DCED). Siger described how the rapidly evolving global business landscape requires Pennsylvania to focus on economic competitiveness. “We’re clear-eyed about where Pennsylvania stands in the national and global competitive business landscape,” he said. “And although we have incredible assets for business growth, we also know that right now other states are ahead of us.” He added that the administration of Gov. Josh Shapiro is committed to the development of a new, long-term economic development strategy. “It has been almost 20 years — 18½ years — since Pennsylvania took a step back at the state level and said, ‘We need to develop a strategy for the future,’” he said. To that end, Siger said a working group of staff from DCED, the governor’s office and other agencies has been meeting.
Source: Daily Local; 10/16/2023

Richland looks at mixed-use proposal for Richland Plaza site
Richland Township supervisors held a conditional use hearing for a proposal to redevelop a 200-acre shopping center on West End Boulevard (Route 309) as a mixed-use development. First introduced at the end of 2022, the proposal calls for the 206,500-square-foot Richland Plaza Shopping Center, zoned in the Planned Commercial and Arterial Corridor Overlay districts, to be redeveloped to a G17 Flex Building Use. The redevelopment would change the use to 77,000 square feet of manufacturing space and 40,000 square feet of research laboratory space, and keep 60,500 square feet of retail space. The conditional use hearing for the proposed project was needed to consider “traffic and arterial corridor issues.” The next step will be a solicitor’s report at the next supervisors meeting on Monday, Nov. 13.
Source: Bucks County Herald; 10/10/2023

Bucks, Pennsbury and Falls consider removal of land from KOIZ in Falls
Falls Township supervisors recently approved a resolution that would remove Keystone Opportunity Improvement Zone (KOIZ) benefits from 112 acres at the former U.S. Steel property and add benefits to 105 acres, effectively placing about 7.5 acres back on the tax rolls. The KOIZ removal would take effect if Bucks County commissioners, Pennsbury School District and the state all vote in favor of the resolution. The county and school board are scheduled to consider the matter this month. The initial 15-year tax abatement period took effect on Jan. 1, 2021, and is set to continue through Dec. 31, 2035.
Source: Bucks County Herald; 10/5/2023

Langhorne Borough pushes back on Toll Brothers townhouse proposal
Toll Brothers proposes to build a new townhome community in Langhorne Borough on 14 acres it plans to buy from Woods Services. But the borough council wants to keep the number of homes lower than Toll’s plans entail. The council recently voted 4-2 to oppose Toll's request for 18 zoning variances to build 54 homes. Toll and the borough have been negotiating for more than a year on the number of homes to be built on two parcels between Pine Street and Bellevue Avenues, with Flowers Avenue being the northern boundary and the Langhorne Presbyterian Church to the south. The Langhorne Borough Planning Commission has recommended a compromise plan for Toll to construct 36 homes. Both sides will continue to make their cases at a Langhorne Zoning Hearing Board hearing that will continue on Thursday, Oct. 26, at 7 p.m. at the Jesse W. Soby American Legion Post 148, 115 W. Richardson Ave.
Source: Bucks County Courier Times; 10/18/2023 

Draft budget calls for 3-mill tax hike in Newtown Township
The draft 2024 budget presented at a recent Newtown Township supervisors meeting includes a 3-mill increase in municipal taxes to fund township personnel and services. The revenue would help pay for the hiring of a full-time police officer and four full-time firefighters. Newtown Fire Chief Glenn Forsyth said the firefighters are needed to extend service to seven days a week and offset a lack of volunteers. “Our county is in desperate need of volunteer firefighters, so it’s necessary for us to figure out a way to continue and provide the service that we should be providing,” he said.
Source: Bucks County Herald; 10/18/2023 

Plumstead to host second comprehensive plan workshop
Plumstead Township is updating its comprehensive plan. Last updated in 2011, the plan serves as an official guide to land use decisions. A second public workshop on the plan update will be held on Thursday, Oct. 26, at 7 p.m. at Plumsteadville Volunteer Fire Company, Station 24. The topics to be covered are land preservation, parks and recreation, township services, and housing. Visit Plumstead Forward for more information.
Source: Plumstead Township; 10/6/2023

Downingtown schools’ sale of 237 acres to warehouse developer called off
Downingtown Area School District had agreed to sell 237 acres of farmland in Uwchlan Township to Audubon Land Development for $96 million — but the deal appears to have been called off. The district bought the Lionville Station Farm property for $22 million in 2006, and planned to use the sale proceeds to finance full-day kindergarten and other priorities. Audubon had planned to build 1.96 million square feet of warehouse space at the site, located near the Pennsylvania Turnpike’s Downingtown interchange. “At this point, the participants in that discussion have come to the conclusion that the parties should begin to take steps to unwind that agreement in an orderly fashion,” school district solicitor Guy Donatelli told the school board. The warehouse proposal had prompted strong opposition from Save Lionville Station, a grassroots organization. Superintendent Robert O’Donnell said, “We are hopeful that we can find a solution for the property that makes sense for our school district, neighbors to the property, as well as our larger community.”
Source: The Mercury; 10/13/2023

Chester County approves tax rebate for volunteer emergency responders
The Chester County Board of Commissioners approved an ordinance to enact a property tax rebate for volunteer members of Chester County-based fire companies and not-for-profit emergency medical services agencies. The Active Volunteer Real Estate Tax Rebate Ordinance is available to emergency responders and administrative members of a fire company or EMS agency. County staff will reach out to all eligible volunteer fire and EMS agencies to share the criteria and application process. Read more about the program on the county website.
Source: Daily Local; 10/16/2023

Tredyffrin proposes $2.5M stormwater budget, opting for tax instead of fee
Tredyffrin Township supervisors have tabled a plan to implement a stormwater fee to help with ongoing flooding issues throughout the township. Instead, the supervisors decided to implement a separate fund for stormwater management in the annual budget. Joseph F. DiRocco, finance director, said the township is adding tax increases for the stormwater fund. DiRocco said the funds for stormwater will be locked up and cannot be used for other items. The proposed stormwater management fund is $2.56 million, an increase of $1.37 million over last year's spending plan. The budget includes debt service for seven ongoing capital projects for flood reduction. Read more about the budget proposal — including a lawsuit before the state Supreme Court to determine if a separate fee based on impervious land is allowed by law — on the township website.
Source: Tredyffrin-Easttown Patch; 10/13/2023

Phoenixville council approves veteran housing project
Phoenixville Borough Council approved the Main Street Lofts III project, which provides 22 loft apartments for veterans at the former masonic hall at 34 S. Main St. The first floor will remain as a commercial space. The lobby of the apartment building will be located at 209 Church St. The second and third floors will have 11 loft apartments on each floor. An elevator will be installed, and trash and laundry facilities will be in the basement. The old windows will be restored, and the architecture will remain the same. Brendan Burke, attorney for the developer, said all of the borough’s concerns about the project have been addressed.
Source: Phoenixville Patch; 10/11/2023

New council member appointed in Oxford Borough
At a recent Oxford Borough Council meeting, Luke Neidigh was approved to fill the vacancy left by the resignation of Councilmember Amanda Woolston. The term will end in January 2025. "I'm interested in filling the seat, especially after the fire. I have seen the decisions that council makes have long-lasting effects," Neidigh said. “We have to rebuild after the fire, so we really need the public's trust. I have no problem listening to people.”
Source: Chester County Press; 10/11/2023

Schuylkill River Passenger Rail Authority will host meeting in Pottstown
For the first time since its formation, members of the Schuylkill River Passenger Rail Authority will conduct their monthly meeting in-person to discuss the process of restoring service between Reading and Philadelphia. And they’re hoping the opportunity draws a crowd. Authority members are inviting the public to join them on Monday, Oct. 23, at 3 p.m. on the campus of Montgomery County Community College to learn more about the joint effort by Berks, Chester and Montgomery counties to establish the groundwork for the proposed plan to bring rail service back to the region after a four-decade absence. Authority members will provide an update on the process. They will also receive the latest reports from various committee members about the work those groups are doing when it comes to finance, marketing and public relations, planning, personnel and community engagement. There will be an opportunity for the public to comment as well. The meeting will include a virtual option for people unable to be there. For more information, visit the authority website.
Source: Mercury; 10/17/2023