| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1951, 2440 | PRINTER'S NO. 2999 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY TAYLOR, MILLER, M. O'BRIEN AND FARRY, MAY 24, 2011 |
| |
| |
| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JANUARY 23, 2012 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, in municipal authorities, further |
3 | providing for purposes and powers. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5607(d)(27) and (g) of Title 53 of the |
7 | Pennsylvania Consolidated Statutes are amended to read: |
8 | § 5607. Purposes and powers. |
9 | * * * |
10 | (d) Powers.--Every authority may exercise all powers |
11 | necessary or convenient for the carrying out of the purposes set |
12 | forth in this section, including, but without limiting the |
13 | generality of the foregoing, the following rights and powers: |
14 | * * * |
15 | (27) (i) In the case of an authority created to provide |
16 | business improvements and administrative services, to |
17 | impose an assessment on each benefited property within a |
18 | business improvement district. This assessment shall be |
|
1 | based upon the estimated cost of the improvements [or] |
2 | and services in the district stated in the planning or |
3 | feasibility study and shall be determined by one of the |
4 | following methods: |
5 | (A) [By] The authority may determine an |
6 | assessment determined by multiplying the total |
7 | improvement [or] and service cost by the ratio of the |
8 | assessed value for real estate tax purposes of the |
9 | benefited property to the total assessed [valuation] |
10 | value of all benefited properties in the district. |
11 | (B) [By an assessment] The authority may |
12 | determine assessments upon the several properties in |
13 | the district in proportion to benefits as ascertained |
14 | by viewers appointed in accordance with municipal |
15 | law. |
16 | (C) If the district served by the authority |
17 | contains single-family residential properties, |
18 | including those that are part of a planned unit |
19 | development, residential cooperative properties or |
20 | condominium properties formed under 68 Pa.C.S. Pt. II |
21 | Subpt. B (relating to condominiums) and other |
22 | properties, the authority may elect to calculate |
23 | assessments based on all of the following: |
24 | (I) The business improvement district |
25 | assessed value of each benefited single-family or |
26 | residential cooperative property shall be one- |
27 | half of the assessed value of the property for |
28 | real estate tax purposes. |
29 | (II) In the case of a condominium, the unit |
30 | owners' association formed under 68 Pa.C.S. Pt. |
|
1 | II, Subpt. B shall be assessed. Individual units |
2 | may not be assessed. The business improvement |
3 | district assessed value of the unit owners' |
4 | association shall be the sum of the assessed |
5 | value for real estate tax purposes of any real |
6 | estate owned by the association and such assessed |
7 | value of all units, including their undivided |
8 | interests in the common elements and any limited |
9 | common elements, except that the value of any |
10 | single-family residential unit shall be one-half |
11 | of such assessed value of the unit for real |
12 | estate tax purposes. The authority shall provide |
13 | to the unit owners' association the calculation |
14 | of the business improvement district assessed |
15 | value of the unit owners' association, itemizing |
16 | the assessed value of each unit as provided in |
17 | this clause. The unit owners' association shall |
18 | add to the condominium fee charged to a unit |
19 | owner the assessed value of the unit and the | <-- |
20 | amount of the district assessment attributable to |
21 | the unit which amount shall be separately | <-- |
22 | itemized on any assessment, invoice, bill or |
23 | other document presented to the unit owner for |
24 | payment of the condominium fee. |
25 | (III) The district assessment shall be |
26 | calculated on each benefited single-family |
27 | residential property, benefited residential |
28 | cooperative property and benefited unit owners' |
29 | association by multiplying in each case the total |
30 | improvement and services cost by the ratio of the |
|
1 | district assessed value of the benefited single- |
2 | family residential property, benefited |
3 | residential cooperative property or benefited |
4 | unit owners' association to the sum of the |
5 | district assessed value of all benefited single- |
6 | family residential properties, the district |
7 | assessed value of all residential cooperative |
8 | properties, the district assessed value of all |
9 | benefited unit owners' associations and the |
10 | assessed value of all remaining benefited |
11 | properties in the business improvement district. |
12 | (IV) The remaining benefited properties |
13 | shall be assessed by multiplying in each case the |
14 | total improvement and services cost by the ratio |
15 | of the assessed value of the remaining benefited |
16 | property to the sum of the district assessed |
17 | value of all benefited single-family residential |
18 | properties, the district assessed value of all |
19 | residential cooperative properties, the district |
20 | assessed value of all benefited unit owners' |
21 | associations and the assessed value of all |
22 | remaining benefited properties in the business |
23 | improvement district. |
24 | (V) An election by an authority under this |
25 | clause shall not be revoked except through the |
26 | procedures stated in subparagraph (ii) and |
27 | subsection (g). |
28 | (ii) An assessment or charge may not be made unless: |
29 | (A) An authority submits a plan for business |
30 | improvements and administrative services, together |
|
1 | with estimated costs and the proposed method of |
2 | assessments for business improvements and charges for |
3 | administrative services, to the municipality in which |
4 | the project is to be undertaken. |
5 | (B) The municipality approves the plan, the |
6 | estimated costs and the proposed method of assessment |
7 | and charges. |
8 | (iii) An authority may not assess charges against |
9 | the improved properties in an aggregate amount in excess |
10 | of the estimated cost. |
11 | (iv) An authority may by resolution authorize |
12 | payment of an assessment or charge in equal, annual or |
13 | more frequent installments over a fixed period of time |
14 | and bearing interest of 6% or less. If bonds, notes or |
15 | guarantees are used to raise revenue to provide for the |
16 | cost of improvements or services, the installments shall |
17 | not be payable beyond the term for which the bonds, notes |
18 | or guarantees are payable. |
19 | (v) Claims to secure the payment of assessments |
20 | shall be entered in the prothonotary's office of the |
21 | county at the same time and in the same form and shall be |
22 | collected in the same manner as municipal claims are |
23 | filed and collected notwithstanding the provisions of |
24 | this section as to installment payments. |
25 | (vi) In case of default of 60 days or more after an |
26 | installment is due, the entire assessment and interest |
27 | shall be due. |
28 | (vii) An owner of property against whom an |
29 | assessment has been made may pay the assessment in full |
30 | at any time along with accrued interest and costs. Upon |
|
1 | proof of payment the lien shall be discharged. |
2 | (viii) For purposes of determining assessments in |
3 | accordance with subparagraph(i)(A) and (C), the assessed |
4 | value of a benefited property shall be without reduction |
5 | for any value attributable to improvements for which an |
6 | exemption or abatement has been granted under law. |
7 | (ix) Any claim entered to secure the payment of an |
8 | assessment against a unit owners' association shall be |
9 | enforceable as a judgment for money against the unit |
10 | owners' association within the meaning of and under the |
11 | provisions of 68 Pa.C.S. § 3319 (relating to other liens |
12 | affecting the condominium), provided that if an |
13 | assessment against a unit owners' association is paid in |
14 | part and the unit owners' association specifies in |
15 | writing to the authority the units with respect to which |
16 | full payment was made, the claim shall not be enforceable |
17 | against units with respect to which full payment was made |
18 | or against the unit owners' association. An authority |
19 | shall discharge a lien against a unit owners' association |
20 | to the extent that it constitutes a lien on a particular |
21 | unit upon proof of payment, either to the unit owners' |
22 | association or to the authority, by the owner of the |
23 | particular unit of his itemized share of the assessment |
24 | on the unit owners' association. |
25 | * * * |
26 | (g) Authorization to make business improvements and provide |
27 | administrative services.--An authority may be established to |
28 | make business improvements or provide administrative services in |
29 | districts designated by a municipality or by municipalities |
30 | acting jointly and zoned commercial or used for general |
|
1 | commercial purposes or in contiguous areas if the inclusion of a |
2 | contiguous area is directly related to the improvements and |
3 | services proposed by the authority. The authority shall make |
4 | planning or feasibility studies to determine needed improvements |
5 | or administrative services. The following shall also apply: |
6 | (1) The authority shall be required to hold a public |
7 | hearing on the proposed improvement or service, the estimated |
8 | costs thereof and the proposed method of assessment and |
9 | charges. Notice of the hearing shall be advertised at least |
10 | ten days before it occurs in a newspaper whose circulation is |
11 | within the municipality where the authority is established. |
12 | At the public hearing any interested party may be heard. |
13 | (2) Written notice of the proposed improvement or |
14 | service, its estimated cost, the proposed method of |
15 | assessment and charges and project cost to individual |
16 | property owners shall be given to each property owner and |
17 | commercial lessee in benefited properties in the district at |
18 | least 30 days prior to the public hearing. |
19 | (3) [The] Except as otherwise provided in paragraph (4), |
20 | the authority shall take no action on proposed improvement or |
21 | service if objection is made in writing by: |
22 | (i) persons representing the ownership of one-third |
23 | of the benefited properties in the district; or [by] |
24 | (ii) property owners of the proposed district whose |
25 | property valuation as assessed for taxable purposes shall |
26 | amount to more than one-third of the total property |
27 | valuation of the district. |
28 | (4) In the case of an authority that has elected to make |
29 | assessments under subsection (d)(27)(i)(C), the objections in |
30 | writing must be made by either: |
|
1 | (i) one-third of the owners of benefited commercial |
2 | properties; or |
3 | (ii) owners of properties representing one-third of |
4 | the amount of all business improvement district |
5 | assessments for the first year of the proposed plan and |
6 | budget after the reduction in district assessments under |
7 | subsection (d)(27)(i)(C). |
8 | For purposes of calculating one-third of the benefited |
9 | commercial properties, the term benefited commercial |
10 | properties shall include all nonresidential property, each |
11 | condominium association formed under 68 Pa.C.S. Pt. II, |
12 | Subpt. B as one property and may not include any individual |
13 | condominium so formed nor any single-family residential |
14 | property. |
15 | (5) Objection [shall] must be made within 45 days after |
16 | the conclusion of the public hearing. Objections must be in |
17 | writing, signed and filed in the office of the governing body |
18 | of the municipality in which the district is located and in |
19 | the registered office of the authority. |
20 | Section 2. This act shall take effect in 60 days. |
|