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§ 835. Creation of neighborhood improvement district

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: February 20, 2001

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 16D. Neighborhood Improvement District Act (Refs & Annos)
Effective: February 20, 2001
73 P.S. § 835
§ 835. Creation of neighborhood improvement district
Currentness
(a) Establishment.--
(1) The governing body of the municipality or any municipal businesses or residents or combination thereof may initiate action to establish an NID or NIDs within the municipality under this act.
(2) In the case of businesses or residents or both desiring to establish an NID where the municipality has not taken action to do so, the governing body of the municipality may be petitioned to establish an NID under the procedures provided for by this act.
(3) In no case where the governing body of a municipality is petitioned to establish an NID under paragraph (2) shall the municipality be required to establish an NID.
(b) Specific procedures.--
(1) A copy of everything required under this section, as well as the date, location and time of any public hearing required by this act, shall be provided by the municipal corporation to all property owners and lessees of property owners located in the proposed NID at least 30 days prior to the first public hearing required by this section.
(2) At least one public hearing, no earlier than 15 days apart, for the purpose of receiving public comment from affected property owners within the proposed NID, on the proposed NIDP, shall be held by the municipality before the establishment of an NID. Notice of the hearing shall be advertised at least ten days prior thereto in a newspaper of general circulation in the municipality.
(3) Any objections by property owners within the proposed NID must be made in writing by persons representing the ownership of 40%, in numbers, of the benefited properties within the NID. Objections must be signed by the property owner and filed in the office of the clerk for the governing body of the municipality in which the NID is proposed.
(c) Contents of preliminary plan.--The plan shall include the following:
(1) A map indicating the boundaries, by street, of the proposed NID; however, a designated property may not be included in more than one NID.
(2) A written report from the municipality containing:
(i) The name of the proposed district.
(ii) A detailed description of the service areas of the proposed district.
(iii) A list of all properties to be assessed.
(iv) A list of proposed improvements within the NID and their estimated cost.
(v) A proposed budget for the first fiscal year, including, but not limited to, the following: personnel and administration, programs and services, maintenance and operation, and capital expenditures.
(vi) The proposed revenue sources for financing all proposed improvements, programs and services.
(vii) The estimated time for implementation and completion of all proposed improvements, programs and services.
(viii) A statement identifying the administrative body which will govern and administer the NID.
(ix) Any other information, including the statutory authority or, in the case of a nonprofit corporation, the bylaws, which describe the powers and duties of and the method for making decisions by the NIDMA.
(x) The method of determining the amount of the assessment fee to be levied on property owners within the NID under section 71.
(3) In addition, the plan shall also:
(i) Identify in detail the specific duties and responsibilities of both the NIDMA and the municipal corporation with respect to the NID.
(ii) Require that a written agreement be signed by the municipal corporation and the NIDMA describing in detail their respective duties and responsibilities.
(iii) Allow for and encourage tax-exempt property owners located within the NID to provide in-kind services or a financial contribution to the NIDMA, if not assessed, in lieu of a property assessment fee.
(iv) Require in the agreement between the municipal corporation and the NIDMA that the municipality must maintain the same level of municipal programs and services provided within the NID before NID designation as after NID designation.
(v) Allow the municipal corporation the right to include in the agreement with the NIDMA and in the enabling ordinance establishing the NID a sunset provision of no less than five years for renewal of the agreement.
(vi) Require in the agreement with the NIDMA that the municipality establishing an NID shall be responsible for the collection of all property assessment fees levied within the NID if so desired by the NIDMA.
(vii) Provide that a negative vote of at least 40% of the property owners within the NID proposed in the final plan shall be required to defeat the establishment of the proposed NID by filing objections with the clerk for the governing body of the municipality within 45 days of presentation of the final plan where the governing body of municipality is inclined to establish the NID.
(d) Final plan.--Prior to the establishment of an NID, the municipality shall submit a revised final plan to property owners located within the proposed NID which incorporates changes made to the plan based on comments from affected property owners within the NID provided at the public hearings or at some other time. Changes to the final plan which differ from the preliminary plan shall also be so indicated in an easily discernible method for the reader, including, but not limited to, changes being in boldfaced or italicized type.
(e) Public hearing.--At least one public hearing for the purpose of receiving public comment on any revisions to the preliminary plan made following suggestions by affected property owners within the proposed NID and reflected in the final NIDP shall be held by the municipal corporation before enacting an ordinance establishing an NID. Notice of the hearing shall be advertised at least ten days prior thereto in a newspaper of general circulation in the municipality.
(f) Veto of final plan for NID.--
(1) Following the last public hearing required under subsection (e) or under subsection (g) if an amendment to the final plan, affected property owners located within a proposed NID shall have 45 days from the date of the hearing to object to and disapprove the final plan or any amendment to the final plan under the requirements of subsection (b)(3).
(2) If 40% or more of the affected property owners within the proposed NID fail to register their disapproval of the final plan or amendment to the final plan in writing with the clerk of the governing body of the municipality in which the NID is proposed, the governing body of the municipality may, following the 45-day period, enact a municipal ordinance establishing an NID under this act or, in the case of an amendment to the final plan, adopt any amendments to the ordinance.
(g) Amendments to final plan.--
(1) The final plan may be amended by the NIDMA any time after the establishment of an NID, pursuant to the provisions of this act, upon the recommendation of the NIDMA board, provided there is concurrence with 60% of the property owners within the NID.
(2) Amendments to the final plan which also require the approval of the governing body of the municipality establishing the NID include:
(i) Substantially changed or added programs, improvements and/or services to be provided in the NID.
(ii) Increased expenditures affecting more than 25% of the total NIDMA budget for the fiscal year.
(iii) Incurring increased indebtedness.
(iv) Changing the assessment fee structure levied on property owners in the NID.
(v) Changing the legal entity (NIDMA) which provides programs, improvements and services within the NID.
(vi) Changing the NID service area boundary.
Prior to the governing body of the municipality approving any of the changes in this paragraph, the governing body shall hold at least one public hearing to determine that such changes are in the public interest as it relates to affected property owners within the NID.
(3) The municipality shall provide public notice of the hearing for any amendments by publication of a notice in at least one newspaper having a general circulation in the NID specifying the time and the place of such hearing and the amendments to be considered. This notice shall be published once at least 10 days prior to the date of the hearing.
(4) The governing body of the municipality may within 30 days following the public hearing and at its sole discretion approve or disapprove of any amendments to the plan. If approved, such amendments shall be effective upon the date of such approval.
(5) Prior to the adoption of any amendment to the NID boundary which increases the size of the NID, any owner of property to be added to the NID shall be notified of the date, time and location of the public hearing on the proposed amendment to the final plan and provided all information required by subsection (c).

Credits

2000, Dec. 20, P.L. 949, No. 130, § 5, effective in 60 days.

Footnotes

1
73 P.S. § 837.
73 P.S. § 835, PA ST 73 P.S. § 835
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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