[Adopted 9-6-2018 by Ord. No. 2018-05]
A.
Establishment. West Brandywine Township hereby establishes a Volunteer Service Credit Program. The goal of the program is to encourage membership and service in the community's nonprofit volunteer fire companies and emergency medical service agencies.
B.
Program criteria. The Board of Supervisors shall establish, amend and/or affirm the minimum criteria to qualify for the tax credit program, to be enacted by resolution.
C.
Eligible entities. The Volunteer Service Program is available to West Brandywine Township residents that have paid earned income tax or real property tax to West Brandywine Township for the period which they are seeking a credit and are fire company or EMS agency for volunteers within Chester County, Pennsylvania.
D.
Eligibility period. A fire company or EMS agency volunteer shall meet the minimum criteria, set forth herein or subsequent amendments by resolution under this section, during the eligibility period to qualify for the tax credits established under § 170-57.
E.
Recordkeeping. The Chief or his/her designee of each fire company or EMS agency volunteer relative to the individual as specified by § 170-56C requesting a credit shall keep specific records for each volunteer activities in a service log to establish credits under the Volunteer Fire Companies Service Credit Program. Service logs shall be subject to review by the Township Board of Supervisors, the State Fire Commissioner, and the State Auditor General. The Chief or his/her designee shall annually transmit to the Township 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 Township no later than November 15 of year in which the credit is being requested. The Chief or his/her designee shall post the notarized eligibility list in an accessible area of the volunteer agency facility.
F.
Application. Volunteers that have met the minimum criteria of the volunteer services credit program shall sign and submit an application for certification to their Chief or his/her designee by no later than October 31 of the year for which "active volunteer" status is claimed. The Chief or his/her designee shall certify the application if the volunteer has met the minimum criteria of the Volunteer Service Credit Program and forward the notarized eligibility list to the Township Manager by no later than November 15 of each year. Those whose eligibility application have been denied will be notified in writing.
G.
Municipal review and eligibility appeals. 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 Township's Board of Supervisors shall approve all applicants that are on the notarized eligibility list. All applicants approved by the Township's Board of Supervisors shall be issued a tax credit certificate by the Township Manager by no later than December 15. Those applicants whose applications were denied because they were not eligible "active volunteers" may appeal that denial to the entire Board of Supervisors and ask for reconsideration within 10 days of receiving the notice of denial. The decision by the Board of Supervisors shall be final. The Board of Supervisors shall decide all appeals by no later than December 15 and notify the appellants by that date. The Township Manager shall issue all successful appellants tax credit certificates by December 15 and add them to the final official tax credit register.
H.
Official tax credit register. The Township shall keep an official tax credit register of all active volunteers that were issued tax credit certificates. The list of EIT tax credit recipients shall be sent to the Tax Officer and the list of any real property tax credit recipients shall be sent to the Township Manager by no later than December 31. The Township shall issue updates, as needed, of the official tax credit register to the following:
I.
Injured volunteer.
(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 one of the entities as specified in § 170-56C.
(2)
An injured emergency responder shall have provided documentation from a licensed physician with the application required by § 170-56 stating that their injury prevents them from performing duties to qualify as an active emergency responder for that tax year.
(3)
An injured emergency responder shall annually submit the application required by § 170-56, along with updated documentation from a licensed physician stating that the injury still exists and prevents them from qualifying as an active emergency responder for that tax year. An injured emergency responder shall only be deemed active for a maximum of five years.
A.
Tax credit. Each active volunteer who has been certified under the West Brandywine Township Volunteer Service Credit Program shall be eligible to receive a tax credit of up to $150 of the earned income tax levied by the 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 Township earned income tax liability. When filing a final return for the preceding calendar year with the tax officer for the West Brandywine Township Tax Collection District, an active volunteer shall file the following with the Township Manager:
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.
A.
Tax credit. Each active volunteer who has been certified under the Township's Volunteer Service Credit Program shall be eligible to receive a real property tax credit tax credit of up to $150 or 20% of the municipal tax liability on qualified real property, whichever is less. If the tax is paid in the penalty period, the tax credit shall only apply to the base tax year liability.
B.
Claim. An active volunteer with a tax credit certificate may file a claim for the tax credit on their qualified real property tax liability for the municipality's real estate tax levy. The tax credit shall be administered as a refund by the Township. An active volunteer shall file the following with the Township Manager:
C.
D.
Township administrating tax credit claim refund. If the active volunteer provides all documents required under this section, the Township Manager shall issue the tax refund to the active volunteer. The Township shall administer the real property tax credit.
A.
Earned income tax credit appeals.
B.
Real property tax credit appeals.
(2)
A taxpayer shall have 30 days to appeal a decision or rejection of a claimed credit by the Township Manager or other responsible official.
(3)
All appeals under § 170-59 from a denial of a claimed real property tax credit by the Township Manager (or other responsible official) shall follow the provisions of 2 Pa.C.S.A. Chapter 5, Subchapter B (relating to practice and procedure of local agencies), and 2 Pa.C.S.A. Chapter 7, Subchapter B (relating to judicial review of local agency action), also known as the "Local Agency Law."