Development News for Upper Providence, Pennsylvania

Supreme Court Ruling on Stormwater Fees May Impact Township Budget; Working Group Formed

The municipal authority received a report from their solicitor regarding a recent Supreme Court ruling on stormwater fees and its implications for the township's 2027 budget. The ruling affirmed a prior decision that stormwater charges imposed by municipalities on tax-exempt entities are considered taxes, not fees, and thus may not be payable by these entities. The court's decision was split (4-3), with some justices expressing concerns about the inclusion of general community benefit projects like tree planting and street sweeping in the stormwater charge, suggesting that a more narrowly tailored program directly linked to stormwater runoff from specific properties might be considered a fee. The solicitor advised that while the township has statutory authority to impose such fees/taxes, tax-exempt entities will likely continue to assert non-payment rights. The discussion also covered the potential for a more targeted fee structure, the feasibility of implementing such a program, and the administrative costs associated with it. The board decided to form a working group to explore scenarios and financial impacts for the 2027 budget, potentially involving regional cooperation with Lower Providence.