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A04507
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
797
Session of
2021
INTRODUCED BY ROBINSON, ARGALL, SCAVELLO, GORDNER, YUDICHAK,
STEFANO, MENSCH AND BOSCOLA, JUNE 24, 2021
AS AMENDED ON THIRD CONSIDERATION, APRIL 5, 2022
AN ACT
Amending the act of December 20, 2000 (P.L.949, No.130),
entitled "An act establishing Neighborhood Improvement
Districts; conferring powers and duties on municipal
corporations and neighborhood improvement districts;
providing for annual audits; and making repeals," further
providing for definitions, for creation of neighborhood
improvement district and for powers of neighborhood
improvement district management association.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "municipality," "neighborhood
improvement district" and "neighborhood improvement district
services" in section 3 of the act of December 20, 2000 (P.L.949,
No.130), known as the Neighborhood Improvement District Act, are
amended to read:
Section 3. Definitions.
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:
* * *
"Municipality." With the exception of cities of the first
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class, any county of the second class, city, borough,
incorporated town, township, home rule, optional plan or
optional charter municipality located within this Commonwealth.
* * *
"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 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, sponsorship of special events and district
maintenance and security services. For services provided within
any residential, industrial, institutional or mixed-use
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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.
* * *
Section 2. Section 5(b), (c)(1) and (3)(vii), (d), (f)(2)
and (g)(1) and (3) OF THE ACT are amended and the section is
amended by adding a subsection to read:
Section 5. Creation of neighborhood improvement district.
* * *
(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 benefited property owners and lessees of
benefited 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] benefited 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 in accordance with paragraph (1) and advertised at
least ten days prior thereto in a newspaper of general
circulation in the municipality.
(3) Any objections by property owners within the
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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, identify the address of any benefite d property for
which objection is being made 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]. Designated properties may be
included in more than one NID only in counties of the second
class.
* * *
(3) In addition, the plan shall also:
* * *
(vii) Provide that a negative vote of at least 40%
of the benefited 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 benefited
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
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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.
* * *
(f) Veto of final plan for NID.--
* * *
(2) If 40% or more of the [affected] benefited 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.] the NIDMA board notifies in writing
benefited property owners of any amendment and the property
owners' right to file objections to the amendment with the
clerk of the governing body of the municipality. If, within
45 days of notification, property owners representing the
ownership of 40% or more of the benefited properties within
the NID disapprove the amendment, the plan shall not be
amended .
* * *
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(3) The municipality shall provide public notice of the
hearing for any amendments requiring approval of the
governing body 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.
* * *
(h) Deposit of revenue.--For a neighborhood improvement
district created in a municipality that is a county of the
second class, or a home rule municipality that was formerly a
county of the second class, the municipal corporation shall
include in the enabling ordinance a requirement that a
percentage of the gross revenues generated by the neighborhood
improvement district be transferred to a restricted receipts
account of an authority created under Article XXV-A of the act
of July 28, 1953 (P.L.723, No.230), known as the Second Class
County Code, to be used by the authority exclusively for the
purpose of maintaining facilities that the authority owns. This
subsection shall apply to a neighborhood improvement district
implemented by a county of the second class, or a home rule
municipality that was formerly the county of the second class,
where the benefited properties are in large part PRIMARILY
hotels, as that term is defined under section 1770.12(h) of the
act of August 9, 1955 (P.L.323, No.130), known as The County
Code.
Section 3. Section 7(a)(8)(i) of the act is amended to read:
Section 7. Powers of neighborhood improvement district
management association.
(a) General powers.--An NIDMA shall have, in addition to any
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other powers provided pursuant to the act of May 2, 1945
(P.L.382, No.164), known as the Municipality Authorities Act of
1945, where the NIDMA is an authority, or in addition to any
other powers provided pursuant to the charter establishing a
nonprofit development corporation or other nonprofit
corporation, where the NIDMA is a nonprofit development
corporation or other nonprofit corporation, the power to:
* * *
(8) Appropriate and expend NID funds which would include
any Federal, State or municipal funds received by the NIDMA.
The funds shall be expended in accordance with any specific
provisions contained in the municipal enabling ordinance
establishing the NID and may be used:
(i) To acquire by purchase or lease real or personal
property to effectuate the purposes of this act,
including making common improvements within the NID,
including, but not limited to, sidewalks, retaining
walls, street paving, parks, recreational equipment and
facilities, event facilities, open space, street
lighting, parking lots, parking garages, trees and
shrubbery, pedestrian walks, sewers, water lines, rest
areas and the acquisition, rehabilitation or demolition
of blighted buildings or comparable structures.
* * *
Section 4. This act shall take effect in 60 days.
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