Montour Claims Township Permit Fees as 'Illegal Tax'

The recently renovated is without a final occupancy permit three weeks before its first day of class for the upcoming school year. 

Robinson Township officials have not issued a final permit for the Clever Road building, which underwent a $52 million, two-year renovation and opened to students at the beginning of the 2011-2012 school year. 

The building has operated under a temporary permit for the past year. 

Robinson Township Manager Aaron Bibro said he could not comment on whether the lack of an occupancy permit would impact the first day of school, which is scheduled on Aug. 27. 

He also said he could not comment on whether school and township officials have had any correspondence regarding obtaining the final permit or extending the temporary one. 

Robinson has withheld an occupancy permit from the school district because grading requirements have not been met for a secondary access road and fire alarm system testing had not been completed as of the beginning of July, he said. 

The school district could not be reached for comment. 

The two parties have been at odds over the high school project in recent months. 

In June, the school district requested a $300,000 refund for an earlier building permit issued for the project.

The township , Bibro said. The school district responded with a petition  in the Allegheny County Court of Common Pleas, requesting that the court overturn that appeal decision, according to court documents.  

Montour solicitor Donald Palmer and attorney Scott Dunlop, who is representing the township, could not be reached for comment. 

Montour officials allege in the petition that the township overcharged for inspection services, which were contracted out to the firm PEI Inc. 

Attorneys for the district claim in court documents that the fees charged by the township constitute an "illegal tax." 

The district said in the claim that permit fees were based "upon an arbitrary and capricious formula that bore no reasonable relationship to the actual costs the township incurred." Montour officials also claim that the township used formulas based on actual construction costs, rather than renovation costs, to determine the building permit fees. 

The district argues in the claim that Robinson overcharged it in excess of $215,478.98 for the building permit fee. It is requesting a refund of those costs, that the township's fee schedule and building permit methodology be declared unconstitutional and for reimbursement of court costs, according to the claim. 

The Montour School Board's next meeting is scheduled for Thursday.