[HISTORY: Adopted by the Council of the Borough of Lansdale 6-2-2010 by Ord. No.
1788 (Ch. 123 of the 1972 Code). Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Economic
Development Incentive Ordinance" of the Borough of Lansdale.
The purpose of this chapter is to promote and encourage the
economic stability and growth of the Borough of Lansdale by providing
economic incentives for new and existing businesses to establish or
improve facilities in the Borough of Lansdale.
Unless otherwise expressly stated, the following words and phrases,
wherever used in this chapter, shall be construed to have the meanings
indicated herein:
Any business that applies for economic development incentives
under this chapter.
Written documentation provided to the Borough Manager by an applicant for the purpose of determining whether the relevant criteria under § 179-4 hereinbelow have or will be met within the requisite time period, including, without limitation, any, all, or any portion of the following: business records; financial statements; business plans; business growth forecasts; or payroll records.
The Borough of Lansdale.
The Borough Council of the Borough of Lansdale.
Any business that employs natural persons, including, without
limitation, manufacturing, distribution, retail, sales, customer service,
and service providers.
The Lansdale Borough subdivision and land development fees
set forth in the Lansdale Borough Subdivision and Land Ordinance;[1] Lansdale Borough Zoning Hearing Board application fees;
and building permit fees.
The waivers, fee reductions and/or other economic incentives set forth in § 179-5 hereunder.
Tangible property (other than land or buildings) of a more
or less durable nature, including devices, computer hardware, machines,
tools, and vehicles, which is useful in carrying on the operations
of a business, excluding computer hardware used exclusively for word
processing; consumable materials used in manufacturing or research
or development; inventory of the business; and products of the business.
A commercial or industrial property such as a building, plant,
or structure that is built, established, or installed in the Borough
of Lansdale.
Any combination of seasonal or part-time employee positions
in a business that comprises 1,900 hours of compensation service to
the business during any consecutive twelve-month period.
An employee position in a business which is expected in the
normal course of employment to provide at least 1,900 hours of compensation
service to the business during any consecutive twelve-month period.
A public hearing held by Borough Council not less than 10
days nor more than 30 days from the date Borough Council votes to
approve or deny an application.
[Amended 11-17-2010 by Ord. No. 1800; 5-16-2018 by Ord. No. 2018-1912; 6-20-2018 by Ord. No. 2018-1914]
A.
The incentives described in § 179-5A hereinbelow shall be available to any business that:
(1)
Invests, during the calendar year in which application is made for
incentives under this chapter, $50,000 or more in constructing or
refurbishing one or more facilities and/or equipment to be used or
housed in a facility; and
(2)
Employs or creates a minimum of five full-time positions and/or full-time-equivalent
positions in the Borough during the first full calendar year of operation
in which application is made for economic development incentives and
continues to employ said minimum number of employees during the applicable
incentive period set forth below.
B.
The incentives described in § 179-5B hereinbelow shall be available to any business that:
(1)
Invests, during the calendar year in which application is made for
incentives under this chapter, $250,000 or more in constructing or
refurbishing one or more facilities and/or equipment to be used or
housed in a facility; and
(2)
Employs or creates a minimum of five full-time positions and/or full-time-equivalent
positions in the Borough during the first full calendar year of operation
in which application is made for economic development incentives and
continues to employ said minimum number of employees during the applicable
incentive period set forth below.
C.
The incentives described in § 179-5C hereinbelow shall be available to any business that:
(1)
Invests, during the calendar year in which application is made for
incentives under this chapter, $500,000 or more in constructing or
refurbishing one or more facilities and/or equipment to be used or
housed in a facility; and
(2)
Employs or creates a minimum of 15 full-time positions and/or full-time
equivalent positions in the Borough during the first full calendar
year of operation in which application is made for economic development
incentives and continues to employ said minimum number of employees
during the applicable incentive period set forth below.
D.
The incentives described in § 179-5D hereinbelow shall be available to any business that:
(1)
Invests, during the calendar year in which application is made for
incentives under this chapter, $1,000,000 or more in constructing
or refurbishing one or more facilities and/or equipment to be used
or housed in a facility; and
(2)
Employs or creates a minimum of 30 full-time positions or full-time
equivalent positions in the Borough during the first full calendar
year of operation in which application is made for economic development
incentives and continues to employ said minimum number of employees
during the applicable incentive period set forth below.
E.
The incentives described in § 179-5E hereinbelow shall be available to any business that:
(1)
Invests, during the calendar year in which application is made for
incentives under this chapter, $2,000,000 or more in constructing
or refurbishing one or more facilities and/or equipment to be used
or housed in a facility; and
(2)
Employs or creates a minimum of 60 full-time positions or full-time
equivalent positions in the Borough during the first full calendar
year of operation in which application is made for economic development
incentives and continues to employ said minimum number of employees
during the applicable incentive period set forth below.
F.
The incentives described in § 179-5F hereinbelow shall be available to any business that:
(1)
Invests, during the calendar year in which application is made for
incentives under this chapter, $10,000,000 or more in constructing
or refurbishing one or more facilities and/or equipment to be used
or housed in a facility; and
(2)
Employs or creates a minimum of 120 full-time positions or full-time
equivalent positions in the Borough during the first full calendar
year of operation in which application is made for economic development
incentives and continues to employ said minimum number of employees
during the applicable incentive period set forth below.
[Amended 5-16-2018 by Ord. No. 2018-1912; 6-20-2018 by Ord. No. 2018-1914]
A.
Businesses qualifying under § 179-4A:
(1)
Development fees may be reduced by 25%.
(2)
If the business is a new or existing Borough of Lansdale electric customer, it shall be eligible to receive a monthly credit equivalent to 5% of its total electric bill (including the basic customer charge, demand charges, and energy charges) for a period of two years (the "incentive period") after approval of the Borough Council in accordance with §§ 179-6B or 179-7B, provided that the business does not reduce its number of full-time positions or full-time-equivalent positions in the Borough of Lansdale during the incentive period.
B.
Businesses qualifying under § 179-4B:
(1)
Development fees may be reduced by 25%.
(2)
If the business is a new or existing Borough of Lansdale electric customer, it shall be eligible to receive a monthly credit equivalent to 5% of its total electric bill (including the basic customer charge, demand charges, and energy charges) for a period of three years (the "incentive period") after approval of the Borough Council in accordance with §§ 179-6B or 179-7B, provided that the business does not reduce its number of full-time positions or full-time-equivalent positions in the Borough of Lansdale during the incentive period.
C.
Businesses qualifying under § 179-4C:
(1)
Development fees may be reduced by 25%.
(2)
If the business is a new or existing Borough of Lansdale electric customer, it shall be eligible to receive a monthly credit equivalent to 5% of its total electric bill (including the basic customer charge, demand charges and energy charges) for a period of four years (the "incentive period") after approval of the Borough Council in accordance with § 179-6B or 179-7B, provided that the business does not reduce its number of full-time positions or full-time equivalent positions in the Borough of Lansdale during the incentive period.
D.
Businesses qualifying under § 179-4D:
(1)
Development fees may be reduced by 50%.
(2)
If the business is a new or existing Borough electric customer, it shall be eligible to receive a monthly credit equivalent to 5% of its total electric bill (including the basic customer charge, demand charges and energy charges) for a period of five years (the "incentive period") after approval of the Borough Council in accordance with § 179-6B or 179-7B, provided that the business does not reduce its number of full-time positions or full-time equivalent positions in the Borough during the incentive period set forth in this subsection.
E.
Businesses qualifying under § 179-4E:
(1)
Development fees may be reduced by 50%.
(2)
If the business is a new or existing Borough electric customer, it shall be eligible to receive a monthly credit equivalent to 7% of its total electric bill (including the basic customer charge, demand charges and energy charges) for a period of seven years (the "incentive period") after approval of the Borough Council in accordance with § 179-6B or 179-7B, provided that the business does not reduce its number of full-time positions or full-time equivalent positions in the Borough during the incentive period set forth in this subsection.
F.
Businesses qualifying under § 179-4F:
(1)
Development fees may be reduced by 50%.
(2)
If the business is a new or existing Borough electric customer, it shall be eligible to receive a monthly credit equivalent to 10% of its total electric bill (including the basic customer charge, demand charges and energy charges) for a period of 10 years (the "incentive period") after approval of the Borough Council in accordance with § 179-6B or 179-7B, provided that the business does not reduce its number of full-time positions or full-time equivalent positions in the Borough during the incentive period set forth in this subsection.
A.
Application. An applicant that desires to receive economic development
incentives must submit an application to the Borough Manager of the
Borough. The Borough Manager shall provide the application to the
Economic Development Committee of Lansdale Borough (the "Committee")
within five days of receipt of the application.
B.
Recommendation. Within 10 days of its receipt of the application,
the Committee will hold a meeting to determine whether to recommend
that the application be approved or denied by the Borough Council
(the "recommendation"). The recommendation will be established by
majority vote of the Committee present at said meeting. The recommendation
will be provided to Borough Council as soon as reasonably practicable
and, on or about the same day as it is provided to Borough Council,
the recommendation shall be mailed to the applicant.
C.
Determination. Borough Council will vote to approve or deny an application
(the "determination") at a public meeting of the Borough Council to
be held not less than 10 days nor more than 30 days from the date
the Committee makes a recommendation. An application that receives
a quorum of votes of the Borough Council in its favor shall be deemed
approved by Borough Council, and the applicant shall be eligible to
receive the applicable economic development incentives subject to
the conditions set forth herein. An application that does not receive
a quorum of votes of Borough Council shall be deemed denied.
A.
Request contents; timeliness. Any applicant whose application has been denied by Borough Council may submit a request for reconsideration, in writing, to the Borough Manager. A request for reconsideration may be accompanied by documentation not provided in the application that the applicant deems pertinent to showing that it has met the criteria set forth in § 179-5 above and that its application should be granted. A request for reconsideration must be made in writing and received by the Borough Manager within 10 days after Borough Council's denial of the application. An applicant's failure to present a request for reconsideration to the Borough Manager within 10 days of the Borough Council's denial of the application shall be deemed a waiver of the applicant's right to reconsideration, and the determination shall be deemed final.
B.
Reconsideration; final determination. The reconsideration shall occur
at a public meeting of the Borough Council to be held not less than
10 days nor more than 30 days from the date the Borough Manager receives
the request for reconsideration. At the reconsideration, Borough Council
will vote to approve or deny the application. An application that
receives a quorum of votes of the Borough Council in its favor shall
be deemed approved, and the applicant shall be eligible to receive
the applicable economic development incentives subject to the conditions
set forth herein. An application that does not receive a quorum of
votes of the Borough Council in its favor shall be denied. Borough
Council's vote on the application at reconsideration shall be final.
The provisions of this chapter shall not be construed as establishing
any right or entitlement to the waiver of fees or electric rates on
the part of any applicant, and the granting of any such waiver or
credit shall be entirely at the discretion of Borough Council.
