[Adopted 2-4-1987 by Ord. No. 1987-1]
A.
Pursuant to Article XI-D of Act 77 of 1986 (the "Act"),
72 P.S. § 8101-D, the Township Board of Supervisors ("Board")
is authorized, by ordinance, to levy, assess and collect or to provide
for the levying, assessment and collection of a tax ("tax"), for general
revenue purposes, upon transfers of real property or an interest in
real property, when the property subject to transfer is located within
the Township, regardless of where the transfer is made, executed or
delivered or where the actual settlement on the transfer takes place.
This tax may be applied only to transactions subject to the tax imposed
by Article XI-C of Act 77 of 1986, 72 P.S. § 8101-C.
B.
The Board has determined that it is in the Township's
interest to levy, assess and collect a tax to the maximum extent authorized
by the Act. By this article, the Board intends to also implement the
tax.
The Board hereby ordains that:
A.
For general revenue purposes, a tax is hereby levied
and assessed on all transfers of interests in real property located
in the Township, regardless of where the instrument making the transfer
is made, executed and delivered or where the actual settlement of
the transfer takes place, to the extent that such transactions are
subject to a tax imposed by Article XI-C of Act 77 of 1986, 72 P.S.
§ 8101-C.
B.
The rate of the tax shall be 1% for each transfer
of real property or interest in real property; provided, however,
that in the event the same transaction or transactions are taxed by
a second Pennsylvania political subdivision, such as a school district,
during the same year or part of the same year, then the rate of the
tax shall be 1/2%.
C.
The Recorder of Deeds of Chester County or his or
her deputy is hereby appointed as agent for the Township and authorized
to collect the tax imposed by this part as well as all the Township's
current real estate transfer taxes.
D.
The tax shall be administered, collected and enforced
in accordance with the Act of December 31, 1965, as amended, known
as "The Local Tax Enabling Act," 53 P.S. § 6901 et seq.
E.
All tax imposed by this article, if not paid when
due, shall bear interest thereon at the rate of 1/2% per month until
paid in full and shall bear an additional penalty of 1/2% of the amount
of the unpaid tax for each month or a fraction thereof during which
the tax remains unpaid.
F.
All tax imposed by this article, together with interest
and penalties from the due date thereof, may be recovered like other
debts of like character are recovered, in which case the person liable
therefor shall, in addition, be liable for the reasonable costs of
collection.
G.
When a property interest transfer is subject to the
tax proposed by this article, the transferee shall remain liable for
any unpaid tax and the tax shall become a lien upon the property interest
transferred, said lien to begin at the time when the tax is due and
payable and shall continue until discharged by [missing language]
or in accordance with law.
H.
The Township's current real estate transfer tax shall
remain in effect.
I.
The Board intends the provisions of this article to
be reasonable, and if the final order of a competent court shall rule
any section, clause, sentence, part or provision hereof to be illegal,
invalid or unconstitutional, that order shall not affect or impair
any of the remaining sections, clauses, sentences, parts or provisions
of this article.
J.
The tax levied under this article shall become effective
30 days after adoption.
