Section 18105 - Creation of neighborhood improvement district(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 the preliminary plan or any revised plan with respect to which a public hearing must be held under this act, 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 affected property owners and lessees of affected property owners at least 30 days prior to any public hearing required by this section.(2) At least one public hearing for the purpose of receiving public comment on the proposed NIDP from affected property owners shall be held by the municipality before the establishment of an NID. Notice of the hearing shall be provided in accordance with paragraph (1) and shall be advertised at least ten days prior thereto in a newspaper of general circulation in the municipality.(3) Deleted by 2016, May 24, P.L. 220, No. 28, § 3, effective in 60 days [July 25, 2016].(4) If revisions, other than technical revisions, are made to the preliminary plan or a revised preliminary plan, a public hearing shall be held for the purpose of receiving public comment on the revisions with notice and advertising provided in accordance with paragraphs (1) and (2).(5) Objections to the proposed NID may be filed by affected property owners within the NID. Objections shall be in writing, signed by the property owner, identify the address of any property for which objection is being made and be filed in the office of the clerk for the governing body of the municipality in which the NID is proposed at any time no more than 45 days after the hearing held on the final plan.(6) An objection filed in connection with a preliminary plan or a revised preliminary plan shall constitute an objection to the final plan, unless such objection is withdrawn in writing by the objector.(7) The filing of objection by:(i) affected property owners representing the ownership of at least one-third of the properties owned by affected property owners within the NID;(ii) affected property owners within the NID, the value of whose properties, as assessed for taxable purposes, amounts to at least one-third of the total property valuation of property owned by affected property owners within the NID, shall prohibit the establishment of a proposed NID.(8)(i) For purposes of paragraph (7)(i), the holding of a license to operate a curb market stand that brings the person within the definition of a property owner under this act shall be considered ownership of a property.(ii) For purposes of paragraph (7)(ii), in order to determine the value associated with the holder of a license to operate a curb market stand and the impact on the total property valuation of property owned by affected property owners within the NID, the value of the license to operate a curb market stand shall be equal to a portion of the average tax assessment value of real property owned by affected property owners within the district. The portion shall be determined by multiplying that average tax assessment value by the ratio of the proposed amount of the NID assessment on curb market stand license holders in relation to the planned NID assessment for a parcel of real property with a tax assessment value equal to the average of tax assessment values of real property owned by affected property owners within the district.(c)Contents of preliminary plan.--The plan shall include the following: (1) A map indicating the boundaries, by street, of the proposed 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 each year of proposed operation of the NID covered by the NIDP, 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 7.(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) Set forth the provisions of subsection (b)(4).(d)Plan revisions.--Revisions to a preliminary plan or a revised preliminary plan shall be indicated in an easily discernible method for the reader, including, but not limited to, changes being in boldfaced or italicized type.(e), (f) Deleted by 2016, May 24, P.L. 220, No. 28, § 3, effective in 60 days [July 25, 2016].(f.1)Approval of final plan for NID.--If fewer than the number of objections needed under this section to prohibit adoption of an NIDP or an amendment to an NIDP are received by the clerk of the governing body of the municipality within 45 days after a hearing on the final plan, 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, upon the recommendation of the NIDMA board, provided the NIDMA board notifies in writing affected property owners of any amendment and the property owners' right to file objections to the amendment with the chief clerk of the governing body of the municipality. If, within 45 days of notification, affected property owners representing the ownership of at least one-third of the affected properties within the NID or affected property owners within the NID whose property valuation, as assessed for taxable purposes, amounts to one-third of the total property valuation of affected property owners within the NID file objections to the amendment with the chief clerk of the governing body of the municipality, the plan shall not be amended.(2) The following amendments to the final plan also require, in addition to the requirements of paragraph (1), the approval of the governing body of the municipality establishing the NID: (i) Substantially changed or added programs, improvements and/or services to be provided in the NID.(ii) Increases in the budget for any year with respect to which a budget has been approved in an NIDP approved by the governing body.(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 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.(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). 1998, Dec. 21, P.L. 1307, No. 174, § 5, effective in 60 days. Amended 2016, May 24, P.L. 220, No. 28, § 3, effective in 60 days [July 25, 2016].