[Ord. No. 329, 10/19/2022]
The following words and phrases when used in this Part shall
have the meanings given to them in this section unless the context
clearly indicates otherwise.
ACTIVE VOLUNTEER
A volunteer for a volunteer fire company or nonprofit emergency medical service agency listed under §
29-602(c) 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 Chapter
3 of the Act of December 31, 1965 (P.L. 1257, No. 511), known as "the Local Tax Enabling Act."
ELIGIBILITY PERIOD
The time frame when volunteers may earn credit under the
Volunteer Service Credit Program.
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.
VOLUNTEER
A member of a volunteer fire company or a nonprofit emergency
medical service agency.
[Ord. No. 329, 10/19/2022]
(a) Establishment. Amity Township hereby establishes a Volunteer Service
Credit Program. The goal of the program is to encourage membership
and service in the community's volunteer fire companies and nonprofit
emergency medical service agencies.
(b) Program Criteria. The Board of Supervisors shall establish, by resolution,
the annual criteria that must be met to qualify for credits under
the program:
(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:
(ii)
Providing facility or equipment maintenance.
(4)
The involvement in other events or projects that aid the financial
viability, emergency response or operational readiness of a volunteer
fire company or a nonprofit emergency medical service agency.
(5)
The total number of years the volunteer has served.
(c) Eligible Entities. The Volunteer Service Credit Program is available
to residents of the Amity Township who are volunteers of the Amity
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 credits established under §
29-603.
(1)
The eligibility periods shall run from January 1 through December
31 of each calendar year.
(e) Recordkeeping. The Chief(s) of the Amity Township Fire Department
or designee of the Chief(s) 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 Board of Supervisors, the State Fire Commissioner and the State
Auditor General. The Chief, or Chief's designee, shall annually
transmit to the Board of Supervisors a notarized eligibility list
of all volunteers who have met the minimum criteria for the Volunteer
Service Credit Program. The notarized eligibility list shall be transmitted
to the Board of Supervisors no later than January 15 of each year.
The Chief or Chief's designee 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
for certification to Fire Chief of the Amity Township Fire Department.
The Fire 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 the Amity Township after April 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 Supervisors
shall approve all applicants that are on the notarized eligibility
list. All applicants approved by the Board of Supervisors shall be
issued a tax credit certificate by the Township Manager.
(h) Official Tax Credit Register. The Board of Supervisors 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:
(2)
Chief of the Volunteer Fire Company(ies);
(3)
Real Estate Tax Collector for Amity Township and the Tax Collector
for Berks Earned Income Tax Bureau.
(i) Injured
Volunteers.
(1) An emergency responder who 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 listed under §
29-602(c).
(2)
An injured emergency responder shall provide documentation from a licensed physician with the application required under §
29-602(f) stating that his/her injury prevents him/her 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 §
29-602(f), along with updated documentation from a licensed physician stating that the injury still exists and prevents him/her 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.
[Ord. No. 329, 10/19/2022]
(a) Tax Credit. Each active volunteer who has been certified under the
Amity Township Volunteer Service Credit Program shall be eligible
to receive a tax credit of up to $500 of the earned income tax levied
by Amity 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.
(1)
An active volunteer with a tax credit certificate may file a
claim for the tax credit on his/her municipality's earned income
tax liability when filing a final return for the preceding calendar
year with the tax officer for the Berks Earned Income 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 §
29-605.
(3)
The taxpayer shall have the right to correct any defect in the
claim within 15 days of the date of the rejection.
(4)
Taxpayers shall have 30 days to appeal the decision of the tax
officer. An attempt to correct the defect does not extend the thirty-day
appeal deadline.
[Ord. No. 329, 10/19/2022]
(a) Each active volunteer who has been certified under the Amity Township
Volunteer Service Credit Program shall be eligible to receive a real
property tax credit of 50% of the municipal tax liability on qualified
real property. If the tax is paid in the penalty period, the tax credit
shall only apply to the base tax year liability. The tax credit after
the effective date of this Part may be amended from time to time by
the adoption of a resolution for that purpose.
(b) Claim.
(1)
An active volunteer with a tax credit certificate may file a
claim for the tax credit on his/her qualified real property tax liability
for the municipality's real estate tax levy. The tax credit shall
be administered as a refund by the Amity Township Treasurer. An active
volunteer shall file the following with the Township Manager:
(i)
A true and correct receipt from the municipal real estate tax
collector of the paid municipal real property taxes for the tax year
which the claim is being filed.
(ii)
The tax credit certificate.
(iv)
Documentation that the tax paid was for qualified real property
as defined in this Part.
(2)
If the active volunteer provides all documents required under
this subsection, the Amity Township Treasurer shall issue the tax
refund to the active volunteer.
(3)
If the tax is paid in the penalty period, the tax credit applies
to only the flat rate tax year liability.
(c) Rejection of Tax Credit Claim.
(1)
The Township Manager shall reject the claim for a municipal
real property tax credit if the taxpayer fails to provide the documents
required under Subsection (b)(1).
(2)
If the Township Manager 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 §
29-605.
(3)
Taxpayers shall have 30 days to appeal the decision of the tax
officer. An attempt to correct the defect does not extend the thirty-day
appeal deadline.
(4)
Taxpayers shall have 30 days to appeal the decision of the Township
Manager.
[Ord. No. 329, 10/19/2022]
(a) Earned Income Tax Credit Appeals.
(1)
Any taxpayer aggrieved by a decision under §
29-603 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 §
29-603 shall follow the provisions of the Act of May 5, 1998, P.L. 301, No. 50, known as the Local Taxpayers Bill of Rights under §
1-303.
(b) Real Property Tax Credit Appeals.
(1)
Any taxpayer aggrieved by a decision under §
29-604 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 under §
29-604 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."