[HISTORY: Adopted by the Board of Supervisors of the Township
of Whitemarsh 12-17-2009 by Ord. No. 885. Amendments noted where
applicable.]
The Board of Supervisors of Whitemarsh Township ("Board") shall
establish a schedule of fees, and such fees shall be fixed by the
Board by resolution from time to time.[1]
[1]
Editor's Note: The schedule of fees is on file in the
Township offices.
A.
Purpose. The purpose of this section is to establish standards pursuant
to which certain limited waiver of fees may be granted to a qualifying
organization (herein defined) or other applicant.
B.
Eligibility. The following entities or organizations shall be considered
a "qualifying organization" under this section and shall, thereby,
be eligible to submit a request for the waiver of an eligible fee
(herein defined):
(1)
Nonprofit emergency service providers with a principal facility located
within the Township and which provide emergency services to residents
and businesses within the Township;
(2)
Religious organizations with tax-exempt status having been granted
by the Internal Revenue Service; and
(3)
Charitable organizations that have obtained tax exempt status pursuant to Section 501(c)(3) of Title 26 of the Internal Revenue Code, 26 U.S.C.A. § 501, (the "501(c)(3) organization"); provided, however, that the 501(c)(3) organization must further establish, to the satisfaction of the Board, pursuant to § A121-2E, Eligibility determination, below, that the 501(c)(3) organization provides a benefit to the Township community or otherwise lessens a burden that would fall upon Township government.
C.
Eligible fees. A qualifying organization may apply for a waiver of
the following fees as identified in the fee schedule adopted from
time to time by the Board (an "eligible fee"):
D.
Fee waiver. An amount not in excess of $300 of any eligible fee shall
be waived in its entirety for a qualifying organization. Any portion
of an eligible fee in excess of $300 shall not be subject to waiver
except as otherwise provided herein.
E.
Eligibility determination.
(1)
Except as otherwise provided herein, every fee waiver request shall
be processed through the Township Manager and/or the Township Manager's
designee.
(2)
The fee waiver request shall:
(a)
Identify the name, business address, telephone number and primary
contact person of the entity requesting a fee waiver request (the
"applicant");
(b)
Identify the eligible fee; and
(c)
If the applicant identifies itself as a qualifying organization
pursuant to its status as a 501(c)(3) organization, adequate proof
of such status must accompany the fee waiver request.
(3)
The Township Manager (or designee) shall respond within 30 days of receipt of a complete fee waiver request meeting the requirements of Subsection E(2) of this section. In the event the Township Manager (or designee) fails to respond on a timely basis in accordance with this section, the fee waiver request shall be deemed approved.
(4)
The Township shall maintain a record of a qualifying organization's
proof of eligibility. Any subsequent Fee waiver request from the same
qualifying organization need not be accompanied by duplicate or unnecessary
information, provided there is no change in the information originally
submitted by the qualifying organization such that the organization
is no longer eligible for a fee waiver.
F.
Colonial School District, emergency service providers and library.
(1)
Nothing herein shall be construed to either limit the type or amount
of fees from which the Colonial School District (the "school district")
may request a fee waiver; or grant either an automatic or blanket
fee waiver to the school district.
(2)
A fee waiver request made by the school district shall be submitted
to the Township Manager and forwarded to the Board for consideration.
The Board shall have the absolute discretion to determine whether
the school district's fee waiver request is to be approved or
denied.
(3)
Nothing herein shall be construed to limit the type or amount of
fees which may be waived for any nonprofit emergency service provider
with a principal facility located within the Township and providing
emergency services to residents and businesses within the Township
(an "Emergency service provider"); and The William Jeanes Memorial
Library (the "library")."
(4)
A fee waiver request made by an emergency service provider or the
library shall be submitted to the Township Manager and forwarded to
the Board for consideration. The Board shall have the absolute discretion
to determine whether the emergency service provider's or library's
fee waiver request is to be approved or denied.
G.
Declaration of disaster by Township. Nothing herein shall be construed
to limit the type or amount of fees which may be waived for any property
owner submitting an application to repair damage to property caused
by a natural disaster if, and only if, the Board has issued a declaration
of disaster emergency pursuant to Section 7501 of the Pennsylvania
Emergency Management Services Code, 35 Pa.C.S.A., § 7501,
as amended. The Board shall have the absolute discretion to determine
whether a Fee waiver request submitted by any such property owner
is to be approved or denied.
