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Council puts SEPTA lease and proposed sublease to historical railroad back to committee after questions
Summary
Council discussed a proposed SEPTA lease for the borough right‑of‑way and a related sublease to a local historic railroad group, and sent both items back to committee after members raised questions about a proposed 15‑year term and the need for explicit enabling language for future nonprofit or authority use.
Council discussed a proposed new lease with the Southeastern Pennsylvania Transportation Authority (SEPTA) and a companion sublease that would allow the West Chester Railroad (a local nonprofit tourist/heritage railroad) to operate on the borough’s right‑of‑way. The discussion drew local leaders, a state representative and railroad volunteers; because of outstanding questions over term length and flexibility for future transportation projects, council referred both items back to committee for further review.
Why it matters: Local representatives said re‑use of the rail corridor could affect regional transit funding opportunities. A state representative told council members that appropriations offices will not provide funding for rail restoration work without evidence of a lease or a durable operating plan; at the same time he urged council not to “box” the borough into a long sublease that could foreclose future options for commuter rail service if SEPTA’s regional plans change.
Key points of debate: - Term length: nonprofit representatives and the railroad advocated for a 15‑year lease to provide a stable horizon for fundraising and infrastructure work. Some council members and the state representative urged caution, arguing a long sublease could limit future options for commuter rail or other regional transit funding. - Sublease authority and enabling language: council asked the solicitor to add language in the borough‑SEPTA lease that would explicitly allow the borough to approve subleases to nonprofit operators or authorities in future, and to ensure SEPTA would have to approve those subleases as required under the primary lease. - Precedent and protections: West Chester Railroad representatives said SEPTA historically retains the right to reclaim the right‑of‑way and can terminate subleases; they said a multi‑year term is necessary to undertake capital projects and grant applications.
Outcome: Because multiple council members said the lease and sublease drafts in the meeting packet were not presented in a clear, updated form and because council wants explicit enabling language to protect future transit options, both the SEPTA lease and the proposed sublease were sent back to committee for revision. Council asked staff and the solicitor to produce a clean, current lease draft that includes provisions permitting future nonprofit or authority use and to return the item to committee prior to the lease expiration date (June 30, 2025). No formal vote to adopt the lease or the sublease was taken at the meeting.
Ending: Council directed the solicitor to work with staff and the nonprofit rail group to produce clearer draft documents and to ensure SEPTA concurrence on any changes to sublease provisions before the items return to committee.
