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Township of Upper Allen, PA
Cumberland County
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Table of Contents
Table of Contents
[Adopted 5-15-2018 by Ord. No. 779]
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise.
ACTIVE VOLUNTEER
A volunteer serving the Upper Allen Township Fire Department who has complied with, and is certified under, the Volunteer Service Credit Program.
EARNED INCOME TAX
A tax on earned income and net profits levied under the Local Tax Enabling Act, 53 P.S. § 6924.101 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ELIGIBILITY PERIOD
The timeframe when volunteers may earn credit under the Volunteer Service Credit Program.
EMERGENCY RESPONDER
A volunteer who responds to an emergency call with the Upper Allen Township Fire Department.
EMERGENCY RESPONSE CALL
Any emergency call to which a volunteer responds, including travel directly from and to a volunteer's home, place of business or other place where he/she shall have been when the call was received.
QUALIFIED REAL PROPERTY
A residential real property owned and occupied as the domicile of an active volunteer.
VOLUNTEER
A member of the Upper Allen Township Fire Department.
A. 
Establishment. Upper Allen Township hereby establishes a Volunteer Service Credit Program. The goal of the program is to encourage membership and service in the Upper Allen Township Fire Department.
B. 
Program criteria. The Upper Allen Township Board of Commissioners shall establish, by resolution, the annual criteria that must be met to qualify for credits under the program based on the following:
(1) 
The number of emergency response calls to which a volunteer responds.
(2) 
The level of training and participation in formal training and drills for a volunteer.
(3) 
The total amount of time expended by a volunteer on administrative and other support services, including but not limited to:
(a) 
Fund-raising.
(b) 
Providing facility or equipment maintenance.
(c) 
Financial bookkeeping.
(4) 
The involvement in other events or projects that aid the financial viability, emergency response or operational readiness of Upper Allen Township Fire Department.
C. 
Eligible entities. The Volunteer Service Credit Program is available to residents of Upper Allen Township who are volunteers serving the Upper Allen Township Fire Department.
D. 
Eligibility period. A volunteer must meet the minimum criteria, set by resolution under this section, during the eligibility period to qualify for the tax credit established under § 223-73. For 2018, and each subsequent year thereafter, the eligibility period shall run from January 1 until December 31.
E. 
Recordkeeping. The Chief of the Upper Allen Township Fire Department shall keep specific records of each volunteer's activities in a service log to establish credits under the Volunteer Service Credit Program. Service logs shall be subject to review by the Upper Allen Township Board of Commissioners, the State Fire Commissioner and the State Auditor General. The Chief shall annually transmit to the Board of Commissioners a notarized eligibility list of all volunteers that have met the minimum criteria for the Volunteer Service Credit Program. The notarized eligibility list shall be transmitted to the Board of Commissioners no later than January 30 of each year. The Chief shall post the notarized eligibility list in an accessible area of the volunteer agency's facilities.
F. 
Application. Volunteers that have met the minimum criteria of the Volunteer Service Credit Program shall sign and submit an application on or before January 15 of each year for certification to the Chief. The Chief shall sign the application if the volunteer has met the minimum criteria of the Volunteer Service Credit Program, and forward it to the Township Manager. Applications shall not be accepted by Upper Allen Township after March 1 of each year.
G. 
Municipal review. The Township Manager shall review the applications for credit under the Volunteer Service Credit Program and shall cross-reference them with the notarized eligibility list. The Board of Commissioners shall approve all applicants that are on the notarized eligibility list. All applicants approved by the Board of Commissioners shall be issued a tax credit certificate by the Township Manager.
H. 
Official tax credit register. Upper Allen Township shall keep an official tax credit register of all active volunteers that were issued tax credit certificates. The Township Manager shall issue updates, as needed, of the official tax credit register to the following:
(1) 
Board of Commissioners;
(2) 
Chief of the Upper Allen Township Fire Department;
(3) 
Tax officer for the Cumberland Tax Collection District.
I. 
Injured volunteers.
(1) 
An emergency responder that is injured during an emergency response call may be eligible for future tax credits. The injury must have occurred while responding to, participating in, or returning from an emergency response call with the Upper Allen Township Fire Department.
(2) 
An injured emergency responder shall provide documentation from a licensed physician with the application required under § 223-72 stating that their injury prevents them from performing duties to qualify as an active volunteer. In such a case, the injured emergency responder shall be deemed an active volunteer for that tax year.
(3) 
An injured emergency responder shall annually submit the application required under § 223-72, along with updated documentation from a licensed physician stating that the injury still exists and prevents them from qualifying as an active volunteer. The injured emergency responder shall again be deemed an active volunteer for that tax year. An injured emergency responder shall only be deemed an active volunteer for a maximum of five consecutive tax years.
A. 
Tax credit. Each active volunteer who has been certified under the Upper Allen Township Volunteer Service Credit Program shall be eligible to receive a tax credit of up to $250 of the earned income tax levied by Upper Allen Township. When an active volunteer's earned income tax liability is less than the amount of the tax credit, the tax credit shall equal the individual's tax liability.
B. 
Claim. An active volunteer with a tax credit certificate may file a claim for the tax credit on their municipality's earned income tax liability when filing a final return for the preceding calendar year with the tax officer for the Cumberland Tax Collection District.
C. 
Rejection of tax credit claim.
(1) 
The tax officer shall reject a claim for a tax credit if the taxpayer is not on the official tax credit register issued by the Township Manager.
(2) 
If the tax officer rejects the claim, the taxpayer shall be notified in writing of the decision. The notice shall include the reasons for the rejection and provide the method of appealing the decision pursuant to § 223-74.
(3) 
Taxpayers shall have 30 days to appeal the decision of the tax officer.
A. 
Earned income tax credit appeals.
(1) 
Any taxpayer aggrieved by a decision under § 223-73 shall have a right to appeal said decision.
(2) 
A taxpayer shall have 30 days to appeal a decision or rejection of claim.
(3) 
All appeals of decisions under § 223-73 shall follow the provisions of the Act of May 5, 1998, P.L.301, No. 50, known as the "Local Taxpayers Bill of Rights."[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 8401 et seq.
(4) 
All appeals of decisions under § 223-73 shall comply with the procedure set forth in Article VIII of this chapter.