72 Pa. Stat. § 8814-C

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 8814-C - Transfer of property
(a)Property.-- A parcel or parcels in a zone where no zone fund dollars were expended upon the parcel or parcels or where a facility has not been constructed, reconstructed or renovated using money under this article may be transferred out of the zone, if the contracting authority provides a notarized certification, confirmed in the annual audit required under section 1807-C(c), that no fund dollars were used on the parcel or parcels. Additional acreage, not to exceed the acreage transferred out of the zone, may be added to the zone.
(a.1) Public meeting.--Prior to requesting approval, the contracting authority shall hold a public meeting to consider the proposed transfer. At the meeting, any interested party may attend and offer comment on the proposal change.
(a.2) Infeasibility.--
(1) If no activity in furtherance of development has taken place on the parcel within eight years of the enactment of this section or designation of the zone, whichever occurs later, the contracting authority may conduct a public hearing on the feasibility of the parcel to continue with the designation pursuant to a request from the city or municipality where the parcel sits. The hearing shall be held and notice provided to the owner of the parcel in accordance with section 908 of the act of July 31, 1968 ( P.L. 805, No.247), known as the Pennsylvania Municipalities Planning Code. For purposes of this section, activity shall include, but not be limited to, construction, building, renovation, reconstruction, site preparation and site development.
(2) If the contracting authority determines that the project is no longer feasible, the contracting authority shall issue a written opinion within 45 days of the hearing setting forth the reasons supporting the determination and verifying that no activity has taken place. The decision may be appealed in accordance with section 1001-A of the Pennsylvania Municipalities Planning Code.
(b)Review and approval.--The following apply:
(1) A transfer may be reviewed and approved by the Department of Community and Economic Development in consultation with the office and the department. The contracting authority shall submit a written request to the Department of Community and Economic Development to approve the transfer of a parcel or parcels. In addition to the written request, the contracting authority shall submit the following to the Department of Community and Economic Development:
(i) The certification under subsection (a).
(ii) A resolution of the contracting authority board approving the transfer of the parcel or parcels.
(iii) Any additional information as required by the Department of Community and Economic Development, the office or the department.
(2) A determination regarding a request to approve a transfer of a parcel or parcels shall be made within 90 days of receipt of the written request from the contracting authority board.

72 P.S. § 8814-C

Amended by P.L. (number not assigned at time of publication) 2024 No. 56,§ 18, eff. 7/11/2024.
Amended by P.L. TBD 2017 No. 43, § 37, eff. 10/30/2017.
Amended by P.L. TBD 2016 No. 84, § 37, eff. 7/13/2016.
Added by P.L. 270 2013 No. 52, § 31, eff. 7/9/2013.