[Adopted 9-18-2007 by Ord. No. 2007-4]
The words used in this article shall have the meanings ascribed to them as set forth in the Act of December 31, 1965 (P.L. 1257, No. 511), as amended, known as the "Local Tax Enabling Act."
Old Forge Borough adopts the provisions of Article XI-D of the Tax Reform Code of 1971 and imposes a realty transfer tax as authorized under that article, subject to the rate limitations therein. The tax imposed under this article shall be at the rate of 1% of the value of the property represented by such document.
Editor's Note: See 72 P.S. § 8101-D et seq.
The tax imposed under § 316-4 and all applicable interest and penalties shall be administered, collected and enforced under the Act of December 31, 1965 (P.L. 1257, No. 511), as amended, known as the "Local Tax Enabling Act," provided that, if the correct amount of the tax is not paid by the last date prescribed for timely payment, Old Forge Borough, pursuant to Section 1102-D of the Tax Reform Code of 1971 (72 P.S. § 8102-D), authorizes and directs the Department of Revenue of the Commonwealth of Pennsylvania to determine, collect and enforce the tax, interest and penalties.
Any tax imposed under § 316-4 that is not paid by the date the tax is due shall bear interest as prescribed for interest on delinquent municipal claims under the Act of May 16, 1923 (P.L. 207, No. 153) (53 P.S. § 7101 et seq.), as amended, known as the "Municipal Claims and Tax Liens Act." The interest rate shall be the lesser of the interest rate imposed upon delinquent commonwealth taxes as provided in Section 806 of the Act of April 9, 1929 (P.L. 343, No. 176) (72 P.S. § 806), as amended, known as the "Fiscal Code," or the maximum interest rate permitted under the Municipal Claims and Tax Liens Act for tax claims.
This article is enacted under the authority of the Act of December 31, 1965 (P.L. 1257, No. 511), as amended, known as the "Local Tax Enabling Act," and in accordance with Act 40 of 2005, amending the Act of March 4, 1971 (P.L. 6, No. 2), enacted July 7, 2005.
All former ordinances and resolutions or parts thereof conflicting or inconsistent with the provisions of this article amending Chapter 316, Article II, §§ 316-3 through 316-9, of the Borough Code are hereby repealed insofar as they may be inconsistent herewith and to the extent necessary to carry out the provisions of this article.
The repealed ordinances or parts thereof enumerated in Subsection A remain effective for documents that became subject to tax prior to the effective date of this article.
The provisions of this article are severable. If any sentence, clause, or section of this article is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, or sections of this article. It is hereby declared to be the intent of the Council of the Borough of Old Forge that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, or section not been included herein.
This article shall become effective on and be applicable to any document made, executed, delivered, accepted or presented for recording on or after October 1, 2007.