[HISTORY: Adopted by the Board of Supervisors of the Township of Patton as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-2011 by Ord. No. 2011-537]
The Commonwealth of Pennsylvania has adopted enabling legislation, specifically the Neighborhood Improvement District Act, 73 P.S. § 831, Act No. 2000-130, authorizing the creation of neighborhood improvement districts to enable property owners in neighborhoods to make improvements within the neighborhood or to provide services to their neighborhoods that supplement municipal services otherwise provided. The legislation provides for the assessment of property owners within the neighborhood improvement district (NID) to pay for the improvements or additional services. The Board of Supervisors may create an NID, by ordinance pursuant to Act No. 2000-130, when the Board believes that such a district is necessary and desirable to improve the quality of life for residents and commercial occupants within an Improvement District.
Establishment of district. At the behest of the Board of Directors of the Homestead Farms Corporation (HFC), acting on behalf of the member residents of the Homestead Farms Neighborhood, and as authorized by Act 2000-130, 73 P.S. § 831 et seq., known as the "Neighborhood Improvement District Act of 2000" (Act), the Homestead Farms Neighborhood Improvement District (NID) is established with boundaries depicted on 104 Attachment 1, appended to this chapter, generally encompassing the residential properties within Patton Township with driveway access onto East Shadow Lane, Sandy Ridge Road and Crandall Drive. A companion NID will also be established in the Ferguson Township portion of Homestead Farms.
Editor's Note: Said attachment is included at the end of this chapter.
District plan and improvements. Special assessment revenues shall be used solely for administrative services and roadway improvements as detailed in the "Final Plan for Establishing Neighborhood Improvement Districts for Homestead Farms in Patton Township and Ferguson Township," on file with the Township Secretary, and not for essential governmental services provided by Patton Township.
Levy of special assessment. There is hereby levied an assessment to pay the cost of the improvements computed as follows:
Amount of assessment. The total assessment for the combined Patton Township and Ferguson Township shall be based on the total proposed project costs of $212,245.00.
Method of assessment. The special assessment fees on each property shall be based on the total proposed project costs divided evenly among each of the 48 properties, comprised of 43 properties in Patton Township and five properties in Ferguson Township. The special assessment fees on each property shall be $4,421.77 [equals ($212,245.00/48].
Payment of assessment.
On behalf of the property owners, the Homestead Farms Corporation shall provide an initial installment payment of $30,000 to the NID in January 2012 as a credit of $625.00 for each property against the special assessment fee.
The remainder of the special assessment ($4,421.77 less the initial installment payment of $625.00) shall be payable in 12 annual installments. Annual installment payments shall be due on March 1 of each year from 2012 through 2023. The annual installment payment of the special assessment fee on each property is $316.40 [equals ($4,421.77 - $625.00)/12].
A ten-percent penalty shall be applied to payments made after March 1.
Any outstanding balance of the special assessment may be satisfied at any time without penalty.
Liens. Assessments shall constitute liens and encumbrances upon the assessed property and shall be collectible in accordance with the provisions of § 7(d) of Act 130, 73 P.S. § 837(d) and in general may be collected in the same manner as municipal tax claims, notwithstanding the provision of this section as to installment payments.
Collection of assessment. The assessment shall be collected by the Patton Township Treasurer. The Treasurer shall mail initial notices to owners of the benefited properties no later than January 15 of each installment year. The Treasurer shall mail delinquent notices in a manner consistent with Township practices for collection of delinquent tax and assessment accounts.
Management. The Homestead Farms Corporation (HFC), a nonprofit corporation, shall be the NID Management Association (NIDMA) for both NIDs. As provided for in the agreement between the Patton Township Board of Supervisors (PTBoS), the Ferguson Township Board of Supervisors (FTBoS) and the HFC, the NIDMA shall meet annually with a designated representative of the Townships to review the project implementation. The Public Works Department of Patton Township shall administer the projects and shall utilize Patton Township resources or qualified contractors to complete projects as scheduled in the plan. Contracts shall be awarded by the Township to the lowest responsive bidder. Projects may be included in contracts that also include work outside the NIDs (i.e., annual street overlay contracts).
Sunset provision. The Homestead Farms Neighborhood Improvement District shall automatically terminate on December 31, 2023, unless continued or extended by subsequent action in accordance with the provisions of Act 130, 73 P.S. § 830 et seq.