The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Authority.” A body politic and corporate, created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities Act of 1945.¹

“Benefited property.” Those properties located within a neighborhood improvement district which profit from district improvements based on a rational nexus test. Properties need not profit equally to be considered to have benefited.

“Bonds.” The term shall include the notes, bonds and other evidence of indebtedness or obligations which each municipal corporation is authorized to issue under section 4(7).²

“Business improvement.” In the case of neighborhood improvement district management associations created for the purpose of making improvements or providing administrative services within a neighborhood improvement district, the term shall mean those improvements needed in specific areas or to individual properties, including, but not limited to, sidewalks, retaining walls, street paving, parks, recreational equipment and facilities, open space, street lighting, parking lots, parking garages, trees and shrubbery, pedestrian walks, sewers, water lines, rest areas and the acquisition and rehabilitation or demolition of blighted buildings or structures.

“Business improvement district.” A business improvement district (BID) created prior to the effective date of this act, governed by the act of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities Act of 1945, insofar as it relates to business improvement districts or 53 Pa.C.S. Ch. 54 (relating to business improvement districts). On or after the effective date of this act, the term shall mean a limited geographical area comprised of real property which is used for any for-profit activity involving trade and traffic, or commerce in general.

“Commercial.” Relating to or associated with any for-profit activity involving trade and traffic or commerce in general.

“Construction expenditures.” Property and right-of-way acquisition costs where applicable.

“Costs of improvements.” The term includes architectural fees, engineering fees, attorney fees, consulting fees, professional fees, preliminary planning expenditures, feasibility study expenditures, financing costs and any other expenditures necessary and incidental to the development, construction or completion of the improvement.

“District advisory council.” A committee comprised of property owners from a neighborhood improvement district established under section 7(a)³ for the purpose of providing guidance and direction to the neighborhood improvement district management association concerning association activities within the district.

“Industrial district.” A limited geographical area comprised of real property which is used predominantly for manufacturing, commercial or any other activity related to the distribution of goods and services and intermediate and final products, including, but not limited to, warehousing, shipping, transportation, remanufacturing, stockpiling of raw materials, repair and maintenance of machinery and equipment, storage, administration or business activities and research and development.

“Institution.” The term includes, but is not limited to, colleges, universities, schools, hospitals, museums, theaters, churches, synagogues, art centers or similar facilities.

“Institutional district.” A limited geographical area comprised predominantly of real property on which educational, health-related or cultural activities occur within buildings and structures, including, but not limited to, colleges, universities, schools, hospitals, museums, theaters, churches, synagogues and art centers.

“Mixed-use district.” A limited geographical area comprised of real property used for any or all purposes contained within a business, residential, industrial or institutional district.

“Municipal corporation.” The body or board authorized by law to enact ordinances or adopt resolutions for the particular municipality.

“Municipality.” With the exception of cities of the first class, any city, borough, incorporated town, township, home rule, optional plan or optional charter municipality located within this Commonwealth.

“Neighborhood.” A limited geographic area within a municipality establishing a neighborhood improvement district, the limits of which form the neighborhood improvement district boundary.

“Neighborhood improvement.” Improvements needed in specific geographic areas or to individual properties within those areas, including, but not limited to, sidewalks, retaining walls, street paving, parks, recreational equipment and facilities, open space, street lighting, parking lots, trees and shrubbery, sewers, water lines, rest areas and the acquisition and rehabilitation or demolition of deteriorated buildings or structures.

“Neighborhood improvement district.” A limited geographic area within a municipality, in which a special assessment is levied on all designated property, other than tax-exempt property, for the purpose of promoting the economic and general welfare of the district and the municipality, hereinafter referred to as NID. Such districts shall be referred to generally as neighborhood improvement district (NID) and specifically as business improvement district (BID), residential improvement district (RID), industrial improvement district (IID), institutional improvement district (INID) or mixed-use improvement district (MID), depending on the type district established. A designated property may not be included in more than one neighborhood improvement district.

“Neighborhood improvement district management association.” The governing body which oversees the management of neighborhood improvement districts in a municipality as established under section 5,⁴ which hereinafter shall be referred to as the NIDMA. Such body shall be incorporated as a nonprofit corporation in this Commonwealth or an authority as established pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities Act of 1945.

“Neighborhood improvement district plan.” The strategic plan for neighborhood improvements required by section 5, hereinafter referred to as NIDP, and all projects, programs and supplemental services to be provided within the district to implement the plan by the neighborhood improvement district management association.

“Neighborhood improvement district services.” In the case of neighborhood improvement district management associations created for the purpose of making improvements or providing expanded services within any neighborhood business improvement districts established, the term shall include, but not be limited to, those services which improve the ability of the commercial establishments within the district to serve the consumer, such as free or reduced-fee parking for customers, transportation-related expenses, public relations programs, group advertising and district maintenance and security services. For services provided within any residential, industrial, institutional or mixed-use neighborhood improvement district, the term shall include, but not be limited to, those services which improve the ability of property owners to enjoy a safer and more attractive neighborhood through the provision of increased or expanded services, including street lighting, street cleaning, street maintenance, parks, recreational equipment and facilities, open space and/or security services.

“Nonprofit corporation.” A legal entity that is incorporated within this Commonwealth and specifies in its charter or bylaws that no part of the net earnings may benefit any private shareholder or individual holding interest in such entity.

“Private security officer.” Any person or firm employed by the neighborhood improvement district management association for the purpose of providing increased security or protective patrol services within the neighborhood improvement district. The term may include off-duty police officers provided that the use of such officers for this purpose is approved by the governing body of the municipality in which the neighborhood improvement district is located or the municipality where the officer is employed if different.

“Project.” The acquisition, development, construction, improvement, rehabilitation, operation and/or maintenance of any building, facility, equipment or structure, by purchase, lease or contract, by a neighborhood improvement district management association to facilitate neighborhood and business improvements as authorized by this act.

“Rational nexus.” The legal principle which requires that there is a rational, definable benefit which accrues to any property owner assessed a fee for said benefit in a neighborhood improvement district created under this act. All property owners within a designated neighborhood improvement district paying a special assessment fee must benefit directly or indirectly from facilities or services provided by a neighborhood improvement district management association within the neighborhood improvement district, provided, however, that property owners need not benefit equally.

“Residential district.” A limited geographical area comprised of real property consisting predominantly of buildings and structures for housing individuals and families, including, but not limited to, single-family detached homes, single-family semidetached homes, townhouses, condominiums, apartments, manufactured homes, modular homes or any combination of same.

“Service area.” The area within the boundaries of the neighborhood improvement district established by a municipality under this act in which the neighborhood improvement district management association provides programs, services and improvements. The term may also include an area outside of the neighborhood improvement district where services are being provided by the neighborhood improvement district management association under contract.

“Special assessment fee.” The fee assessed on property owners within a neighborhood improvement district levied by the municipality establishing a neighborhood improvement district under section 4(10) for the purposes of providing programs, improvements and services under section 7.

“Sunset provision.” The term means a provision in the neighborhood improvement district plan under section 5(c), establishing a neighborhood improvement district, which provides for the automatic termination of the neighborhood improvement district on a date specified in the neighborhood improvement district plan and in the municipal ordinance establishing the neighborhood improvement district. The neighborhood improvement district may be continued beyond that date, provided the municipal enabling ordinance creating the original neighborhood improvement district is reenacted, following a review of the neighborhood improvement district and the neighborhood improvement district management association programs and services provided within the neighborhood improvement district, by the municipality.