As used in this chapter, the terms set forth below have the
meanings given to them, unless the context clearly indicates otherwise.
BOARD
The Board of Directors of the City of Lancaster Land Bank
Authority.
CITY
The City of Lancaster.
LAND BANK ACT
Pennsylvania Act 153-2012, 68 Pa.C.S.A. § 2101
et seq., as it exists on the effective date, and as it may be hereafter
amended or replaced.
LAND BANK JURISDICTION
As defined in the Land Bank Act, a county, a city, borough,
township and/or incorporated town with a population of more than 10,000
people or two or more municipalities with populations less than 10,000
people that enter into an intergovernmental cooperation agreement
to establish and maintain a land bank.
MEMBERS
The City and, after formation of the City of Lancaster Land
Bank Authority, any land bank jurisdiction or municipality that combines
with the City of Lancaster Land Bank Authority, and any taxing jurisdiction
that participates with the City of Lancaster Land Bank Authority for
the purpose of discharge of liens and claims as provided for in Section
2117(a) of the Land Bank Act.
ORDINANCE
This chapter creating the City of Lancaster Land Bank Authority.
OWNER-OCCUPANT
As defined in the Land Bank Act, a natural person with a
legal or equitable ownership interest in property which was the primary
residence of the person for at least three consecutive months at any
point in the year preceding the date of initial delinquency.
PERSON
An individual, authority, a limited liability company, partnership,
firm, corporation, organization, association, joint venture, trust,
governmental entity or other legal entity.
REAL PROPERTY
As defined in the Land Bank Act, land and all structures
and fixtures thereon and all estates and interests in land, including
easements, covenants and leasehold interests.
SCHOOL DISTRICT
As defined in the Land Bank Act, any of the classifications
of school districts specified in Section 202 of the Act of March 10,
1949 (P.L. 30, No. 14), known as the "Public School Code of 1949." The term includes, as to any real property acquired, owned
or conveyed by a land bank, the school district within whose geographical
jurisdiction the real property is located.
TAXING JURISDICTION
A county, city, borough, incorporated town, township, school
district, or body politic in corporate created as a municipal authority
pursuant to law that may have claims against property that is subject
to delinquent tax enforcement procedures and any other similar entities
as anticipated or implied by Section 2117(e.1) of the Land Bank Act.
The City Council of the City of Lancaster hereby authorizes
the creation of a public body corporate in politic to be named the
"Lancaster City Land Bank Authority" and hereby establishes the same
as a separate legal entity and a public body corporate in politic
for the purpose of acting as a land bank under the Land Bank Act and
implementing and administering the terms of this chapter. The City
of Lancaster Land Bank Authority shall exist until terminated and
dissolved in accordance with the terms of this chapter.
Subject to the policies and procedures of the Board, provisions
of this chapter, Land Bank Act, and other applicable laws, the Land
Bank may convey, exchange, sell, transfer, lease, grant, or mortgage
interests in its real property or real property interests, to any
public or private person on terms and conditions, in the form of and
by method determined to be in the best interest of the Land Bank through
any means authorized under Section 2110 of the Land Bank Act and under the following terms and conditions:
A. Consistency with land use plans and planning provisions. All proposed
uses of land or buildings on real property disposed of by the City
of Lancaster Land Bank Authority shall be consistent with the provisions
of the City's Comprehensive Plan.
B. Board disposition policies. The Board shall adopt policies and procedures
governing the disposition of real property interests. Real property
or real property interests shall be conveyed in accordance with the
Land Bank Act and according to criteria determined in the discretion
of the Board as set forth in policies and procedures adopted by the
Board. Those policies may include procedures establishing priorities
for a transferee's use of real property conveyed by the Land
Bank, which priorities may be for the entire Land Bank jurisdiction
or may be set according to the needs of different neighborhoods or
other locations within the Land Bank jurisdiction, or according to
the nature of the real property.
C. Delegation of authority. The Board may delegate disposition authority
to the staff of the City of Lancaster Land Bank, except in the following
circumstances where the Land Bank is required to approve/deny the
disposition by formal action:
(1) The proposed terms of the transaction conflict with the Land Bank's
published policies or procedures.
(2) When otherwise required by state law.
D. Coordination. The Land Bank shall coordinate with the Redevelopment
Authority of the City of Lancaster where a redevelopment or project
involves properties acquired by the Redevelopment Authority of the
City of Lancaster, as well as properties acquired and/or owned by
the City of Lancaster Land Bank Authority, and shall strive to ensure
a synchronized disposition process.
E. Consideration. The Board shall state in its policies and procedures
the general terms and conditions for consideration to be received
by the Land Bank for the transfer of real property and real property
interests. The Board shall determine the amount and form of consideration
necessary to convey, exchange, sell, transfer, lease, grant, or mortgage
interests in real property. Consideration may take the form of monetary
payments and secured financial obligations, covenants and conditions
related to the present and future use of the property, contractual
commitments of the transferee and other forms of consideration as
determined by the Board to be in the best interest of the Land Bank.
F. Municipal disposition requirements not applicable. Requirements which
may be applicable to the disposition of real property and interests
in real property of the City of Lancaster shall not be applicable
to the disposition of real property and interests in real property
by the City of Lancaster Land Bank Authority pursuant to Section 2110(d)(2)
of the Land Bank Act.
The City of Lancaster Land Bank Authority is authorized to discharge
liens and other municipal claims, charges or fines of the City of
Lancaster and may seek to enter into an agreement for discharges from
the applicable municipal body against the properties that it acquires.
For the duration of the time a property is held by the City of Lancaster
Land Bank Authority, the Land Bank is authorized to abate all real
estate taxes, water and sewer charges and other municipal charges
by the City of Lancaster and, to the extent necessary, may seek abatement
or non-taxable status from other applicable government entities.
A taxing jurisdiction may participate in the City of Lancaster
Land Bank Authority pursuant to an intergovernmental cooperation agreement.
The agreement must specify the membership, if any, of the taxing jurisdiction
on the Board and the actions of the City of Lancaster Land Bank Authority
which are subject to approval by the taxing jurisdiction.
The Mayor, Solicitor and other proper officials of the City
of Lancaster be and hereby are directed by the City Council of the
City of Lancaster to take any and all actions necessary to effectuate
the provisions of this chapter and the creation of the City of Lancaster
Land Bank Authority, including, without limitation, the filing of
this chapter with the Pennsylvania Department of Community and Economic
Development and the Department of State.