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Borough of State College, PA
Centre County
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Code
New Laws (1) Index Notes (1)
[Ord. 2102, 9/18/2017, Section 1101]
The following words and phrases when used in this ordinance shall have the meanings given to them in this section unless the context clearly indicates otherwise:
ACCEPTABLE SLOPE
A variable grade measured by rise over distance.
CIRCULATION PATH
An exterior or interior way of passage from one place to another for pedestrians.
DWELLING
A structure used as a place of habitation by a natural person. The term shall include new residential construction, existing residential construction, or any commercial or industrial building that is converted for residential use.
ELIGIBLE PROPERTY OWNER
A person responsible for the payment of taxes on a dwelling.
NO-STEP ENTRY
An entry into a dwelling that has no steps or other barrier to individuals who have significant mobility impairment, and having a threshold no greater than 3/4 inch.
PEDESTRIAN SITE ARRIVAL POINT
A place where pedestrians may enter a dwelling from a public right-of-way. The term includes, but is not limited to, sidewalks, driveways, streets, alleys, and paths.
POWDER ROOM
A toileting room having, at a minimum, a water closet and lavatory.
SIGNIFICANT MOBILITY IMPAIRMENT
The disability of an individual who needs assistive mobility technology in the form of a wheelchair, walker, crutches or a similar device in order to move along a circulation path.
VISITABILITY DESIGN
The presence of architectural design features which enhance access and usability for visitors and residents who have significant mobility impairment and which minimize the cost of full accessibility modifications, if necessary, at a later time.
VISITABLE LEVEL
The floor or level of a dwelling to which a no-step entry leads.
[Ord. 2102, 9/18/2017, Section 1102]
In accordance with the terms of this ordinance, a residential visitability design tax credit against real property taxes levied by the Borough of State College on dwellings shall be granted to eligible property owners. The tax credit authorized under the terms of this ordinance shall be limited to any new or renovated dwelling that contains all visitability design features required in § 17-1106 which will enhance the usability of the dwelling for individuals with significant mobility impairment and which minimize the cost of accessibility modifications, if necessary, at a later time.
[Ord. 2102, 9/18/2017, Section 1103]
All tax credits granted under the terms of this ordinance shall not exceed five consecutive years. The total amount of any tax credit over the five-year period that is granted under the terms of this ordinance shall not exceed the increase in the assessed value for property taxes levied by the Borough of State College solely resulting from the construction or renovation that is eligible for the residential visitability design tax credit, not to exceed $500 in any single year.
[Ord. 2102, 9/18/2017, Section 1104]
The Borough of State College Tax Office, in conjunction with the Centre Region Code Agency, shall administer the Borough's residential visitability design tax credit program created under this ordinance. In doing so, the Tax Office and Code Agency shall follow all procedures and requirements of both this ordinance and Act 132.[1] The Tax Office and Code Agency is hereby authorized to require such information and conduct such other examinations as it shall deem necessary to ensure the eligibility of dwellings for participation in the residential visitability design tax credit program.
[1]
Editor's Note: See 72 P.S. § 4751-101 et seq.
[Ord. 2102, 9/18/2017, Section 1105]
a. 
Application for the residential visitability design tax credit program shall be filed by an eligible property owner with the Tax Office no later than 90 days from the latter of:
(1) 
The date upon which the building permit was issued for the construction or renovation for which the credit is requested; or
(2) 
The date upon which the occupancy permit or certificate of completion was issued for the dwelling for which the credit is requested.
b. 
At a minimum, the application for the credit authorized under the terms of this ordinance shall include:
(1) 
The name of the eligible property owner(s);
(2) 
The address of the eligible property owner(s);
(3) 
The location of the property which is the subject of the application;
(4) 
A statement of whether the property is newly constructed or newly renovated;
(5) 
The date of the new construction or new renovation that is the subject of the application;
(6) 
The name and address of the individual(s) or firm(s) that performed the new construction or new renovation, to the extent that they are known by the applicant; and
(7) 
Any other information deemed necessary to evaluating the dwelling's eligibility for the residential visitability design tax credit by the Tax Office.
c. 
The Centre Region Code Agency will review the residential visitability design tax credit application and determine whether all design standards required in § 17-1106 of this ordinance have been met. The Code Agency will submit its determination in writing to the State College Tax Office. If the Code Agency determines not all requirements required in § 17-1106 are met, the Code Agency shall include in its written determination which specific requirements have not been met.
d. 
After receiving the Centre Region Code Agency's determination, the Tax Office shall issue a written decision on each application that it receives no later than 120 days after the date upon which an application was filed and shall mail a copy of this decision to the eligible property owner(s) at the address provided in the application. In the event that an application is denied, the written decision of the Tax Office shall include a statement of all reasons for the denial. In the event that a written decision is not issued by the Tax Office within the time required by this section, such application shall be deemed to be granted.
e. 
In the event that the Tax Office denies an application filed under the terms of this ordinance, the applicant shall have the right to appeal this decision to the State College Borough Regional Tax Appeal Board within 30 days of the applicant's receipt of the denial. Any appeals of the State College Borough Regional Tax Appeal Board decisions pursuant to the requirements of this ordinance to the Court of Common Pleas shall be made in accordance with applicable law governing such appeals.
[Ord. 2102, 9/18/2017, Section 1106]
To be eligible for the Borough's residential visitability design tax credit, the architectural design of a newly constructed or newly renovated dwelling shall, at a minimum, have one floor that meets the requirements referred to in Section 317.2 of the Centre Region Building Safety and Property Maintenance Code/2017 as amended.
[Ord. 2102, 9/18/2017, Section 1107]
If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordinance, which remaining portions shall continue in full force and effect.