PRINTER'S NO. 2028
No. 1396 Session of 2008
INTRODUCED BY RHOADES, PIPPY, ERICKSON, PILEGGI, KASUNIC AND
COSTA, MAY 7, 2008
REFERRED TO URBAN AFFAIRS AND HOUSING, MAY 7, 2008
AN ACT
1 Amending the act of May 24, 1945 (P.L.991, No.385), entitled "An
2 act to promote elimination of blighted areas and supply
3 sanitary housing in areas throughout the Commonwealth; by
4 declaring acquisition, sound replanning and redevelopment of
5 such areas to be for the promotion of health, safety,
6 convenience and welfare; creating public bodies corporate and
7 politic to be known as Redevelopment Authorities; authorizing
8 them to engage in the elimination of blighted areas and to
9 plan and contract with private, corporate or governmental
10 redevelopers for their redevelopment; providing for the
11 organization of such authorities; defining and providing for
12 the exercise of their powers and duties, including the
13 acquisition of property by purchase, gift or eminent domain;
14 the leasing and selling of property, including borrowing
15 money, issuing bonds and other obligations, and giving
16 security therefor; restricting the interest of members and
17 employes of authorities; providing for notice and hearing;
18 supplying certain mandatory provisions to be inserted in
19 contracts with redevelopers; prescribing the remedies of
20 obligees of redevelopment authorities; conferring certain
21 duties upon local planning commissions, the governing bodies
22 of cities and counties, and on certain State officers, boards
23 and departments," further providing for definitions, for
24 powers of an authority and for blighted property removal.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 3(e) and (m) of the act of May 24, 1945
28 (P.L.991, No.385), known as the Urban Redevelopment Law, amended
1 June 26, 1968 (P.L.263, No.125), are amended to read:
2 Section 3. Definitions.--The following terms where used in
3 this act, shall have the following meanings, except where the
4 context clearly indicates a different meaning.
5 * * *
6 (e) "Field of Operation."--The area within the territorial
7 boundaries of the city or county for which a particular
8 Authority is created: Provided, however, That the field of
9 operation of any county authority shall not include a city
10 having a redevelopment authority but may include, with the
11 consent of any such city, parcels of land within the city limits
12 which are necessary to the corporate purposes of the county
13 authority or necessary to its successful redevelopment of a
14 redevelopment area: And, provided further, That the field of
15 operation of any authority may include parcels of land outside
16 the territorial boundaries of the city or county, as the case
17 may be, which are necessary to the corporate purposes of the
18 authority [or], necessary to the successful redevelopment of a
19 redevelopment area, or the holding, clearing, managing or
20 disposing of blighted property in accordance with section 12.1,
21 with the consent of the governing body of the city or county and
22 the municipality in which the said parcels are situated, as the
23 case may be: Provided, however, That, except for the holding,
24 clearing, managing or disposing of blighted property in
25 accordance with section 12.1, the field of operation of any
26 Authority shall not include parcels of land outside the
27 territorial boundaries of a county unless acquisition thereof
28 has been approved by a majority of the electors voting in a
29 primary or general election in the municipality in which said
30 parcels are situated.
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1 * * *
2 (m) "Redevelopment."--Undertakings and activities for the
3 elimination of blighted areas. Such undertakings and activities
4 may include the planning, replanning, acquisition,
5 rehabilitation, conservation, renewal, improvement, clearance,
6 sale, lease or other disposition of real property, buildings or
7 other improvements in blighted areas, or portions thereof[,];
8 the relocation of businesses and families affected thereby into
9 or outside of a redevelopment area[, or]; any combination of
10 [such] the foregoing undertakings and activities[,]; the
11 installation, construction or reconstruction of streets,
12 utilities, parks, playgrounds and other improvements necessary
13 for carrying out in the blighted area the objectives of this act
14 in accordance with the redevelopment area plan, and carrying out
15 plans for a program of voluntary repair, rehabilitation, and
16 conservation of real property, buildings or other improvements
17 in accordance with the redevelopment area plan; and the holding,
18 clearing, managing or disposing of blighted properties in
19 accordance with section 12.1.
20 * * *
21 Section 2. Section 9 of the act is amended by adding a
22 subsection to read:
23 Section 9. Powers of an Authority.--An Authority shall
24 constitute a public body, corporate and politic, exercising
25 public powers of the Commonwealth as an agency thereof, which
26 powers shall include all powers necessary or appropriate to
27 carry out and effectuate the purposes and provisions of this
28 act, including the following powers in addition to those herein
29 otherwise granted:
30 * * *
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1 (cc) To contract to provide redevelopment services to a
2 municipality that is located in a county that is contiguous to a
3 county for which a particular authority has been created;
4 Provided, however, That the municipality is within a county
5 authority's field of operations.
6 Section 3. Section 12.1(b), (e) and (f) of the act, amended
7 October 2, 2002 (P.L.796, No.113), are amended to read:
8 Section 12.1. Blighted Property Removal.--
9 * * *
10 (b) Such power on the part of any Redevelopment Authority
11 shall be conditioned upon the creation or existence of a
12 blighted property review committee by ordinance of the governing
13 body of the [municipality] city or county within which the
14 property is located. The committee shall be made up of members
15 as determined in the said ordinance, but shall include at least
16 one member of the governing body, a representative of the
17 Redevelopment Authority, a representative of the appropriate
18 planning commission, and a representative to be designated by
19 the chief executive officer or officers from the executive
20 branch of the government of the [municipality] city or county.
21 * * *
22 (e) The blighted property review committee and the
23 appropriate planning commission, upon making a determination
24 that any property is blighted within the terms of this section,
25 must certify said blighted property to the Redevelopment
26 Authority, except that:
27 (1) No property shall be certified to the Redevelopment
28 Authority unless it is vacant or nonowner occupied.
29 (1.1) A property shall be considered vacant if:
30 (i) the property is unoccupied or its occupancy has not been
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1 authorized by the owner of the property;
2 (ii) in the case of an unimproved lot or parcel of ground, a
3 lien for the cost of demolition of any structure located on the
4 property remains unpaid for a period of six months; or
5 (iii) in the case of an unimproved lot or parcel of ground,
6 the property has remained in violation of any provision of local
7 building, property maintenance or related codes applicable to
8 such lots or parcels, including licensing requirements, for a
9 period of six months.
10 (1.2) A property shall be considered nonowner occupied if no
11 portion of it is occupied by an owner of the property.
12 (2) No property shall be certified to the Redevelopment
13 Authority unless the owner of the property or an agent
14 designated by him for receipt of service of notices within the
15 municipality [has] and the nonowner occupants, if any, have been
16 served with notice of the determination that the property is
17 blighted, together with an appropriate order to the owner or his
18 agent to eliminate the conditions causing the blight and
19 notification that failure to do so may render the property
20 subject to condemnation under this act. The notice shall be
21 served upon the owner or his agent and upon the nonowner
22 occupants, if any, in accord with the provisions of a local
23 ordinance pertaining to service of notice of determination of a
24 public nuisance. The owner or his agent shall have the right of
25 appeal from the determination in the same manner as an appeal
26 from the determination of public nuisance.
27 (3) No blighted property shall be certified to the
28 Redevelopment Authority until the time period for appeal has
29 expired and no appeal has been taken, or, if taken, the appeal
30 has been disposed of, and the owner or his agent has failed to
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1 comply with the order of the responsible department or other
2 officer or agency.
3 (f) Acquisition and disposition of blighted property under
4 this section shall not require preparation, adoption or approval
5 of a redevelopment area plan or redevelopment proposal as set
6 forth in section 10, but at least thirty days prior to
7 acquisition of any property under this section, the
8 Redevelopment Authority shall transmit identification of the
9 property to the planning commission of the municipality within
10 which the property is located and shall request a recommendation
11 as to the appropriate reuse of the property. The Redevelopment
12 Authority shall not acquire the property where the planning
13 commission certifies that disposition for residential or related
14 use or commercial or industrial reuse would not be in accord
15 with the comprehensive plan of the municipality.
16 * * *
17 Section 4. This act shall take effect in 60 days.
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