[HISTORY: Adopted by the Borough Council of the Borough of
Wilkinsburg 6-1-2022 by Ord. No. 22-002. Amendments noted where applicable.]
A.
It is the purpose of this chapter to create and establish the Wilkinsburg
Land Bank as the Land Bank for Borough of Wilkinsburg pursuant to
the authority granted under the Pennsylvania Land Bank Law, 68 Pa.C.S.A.
§ 2104(a).
B.
The Borough of Wilkinsburg is establishing the Wilkinsburg Land Bank
in order to mitigate blight, encourage the redevelopment of vacant,
abandoned, and tax-delinquent properties, foster economic development
of these properties, and improve the quality of life of neighborhoods
affected by these properties.
As used in the chapter, the following terms shall have the following
meanings:
The Act of October 24, 2012, P.L. 1239, No. 153, codified
at 68 Pa.C.S.A. § 2101 et seq.
The Wilkinsburg Land Bank.
Any and all activities, operations, actions and functions
undertaken by the authority pursuant to the Land Bank Law and this
chapter.
A county, a city, a borough, a township and an incorporated
town with a population of more than 10,000.
The act of October 24, 2012, P.L. 1239, No. 153, codified
at 68 Pa.C.S.A. §§ 2102 to 2120 and any amendments
thereto.
A natural person with a legal or equitable ownership in the
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 the initial delinquency.
A corporation, partnership, limited-liability company, business
trust, other association, government entity (other than the Commonwealth
of Pennsylvania), estate, trust or natural person.
The rules, policies and procedures adopted by the Wilkinsburg
Land Bank pursuant to this chapter and the Land Bank Law.
Land and all structures and fixtures thereon and all estates
and interests inland, including easements, covenants and leases, tax
claims and liens.
The Land Bank shall have all the powers conferred under the
Land Bank Law, including, but not limited to, 68 Pa.C.S.A. § 2107.
A.
The Board of the Wilkinsburg Land Bank Board shall have nine voting
members, consisting of the following:
(1)
Wilkinsburg Borough Council President, or its designee;
(2)
Wilkinsburg Borough School District President, or its designee;
(3)
Allegheny County Representative as designated by the County Executive;
(4)
Three residents of the Borough of Wilkinsburg, one from each ward;
(a)
Of the resident members, one shall not be a public official
or municipal employee, and shall maintain membership with a recognized
civic organization within the jurisdiction of the Borough of Wilkinsburg;
(5)
Three qualified professionals, such as but not limited to, lawyers,
engineers, licensed real estate agents, planners and accountants.
B.
Any person may submit recommendations to the Wilkinsburg Land Bank
regarding membership of the Land Bank's Board and appointments
thereto. Vacancies will be filled by submitting a written application
to the Wilkinsburg Land Bank and voted on by the Board. The initial
Board will consist of the following: TBD.
All action taken by the Board of the Land Bank must be done
in compliance with 68 Pa.C.S.A. § 2105(h) of the Land Bank
Law.
A.
The Land Bank shall hold title in its own name to all real property
it acquires.
B.
The Land Bank may acquire real property by any legal means, on terms
and conditions and in a manner the Land Bank considers proper.
C.
If the Land Bank acquires a residential property occupied by owner-occupants,
it shall be the Land Bank's policy to show a preference for keeping
the owner-occupants within their homes.
D.
The Land Bank shall acquire, hold and dispose of real property in
accordance with the Land Bank Law.
E.
Any person may submit recommendations to the Land Bank concerning
real property that could be acquired and the proposed uses for which
such property could be redeveloped.
A.
The Land Bank shall develop policies which are consistent with the
Land Bank Law and with this chapter.
B.
After the adoption of the policies by the Land Bank, the policies
shall be reviewed at least annually by the Land Bank with the opportunity
for public input and comment. The policies shall be published on the
Land Bank's website.
C.
The policies adopted by the Land Bank shall include ethical standards,
financial disclosure standards and conflict of interest guidelines
consistent with Section 2115 of the Land Bank Law and all other applicable
state and local laws.
A.
The Land Bank shall finance Land Bank activities through any means
authorized under the Land Bank Law or any other applicable law.
B.
Finances of the Land Bank shall be retained and accounted for separately
from any other entity and shall be subject to the annual auditing
and reporting requirements of Section 2119 of the Land Bank Law.
The designation of the Land Bank may be revoked in the same
manner as the dissolution of a land bank under Section 2114 of the
Land Bank Law.
This chapter may be amended or modified from time to time by
majority vote of Wilkinsburg Borough Council.
If any article, section, subsection, provisions, regulation,
limitations, restriction, sentence, clause, phrase or word in this
chapter is, for any reason, declared to be illegal, unconstitutional
or invalid, by any court of competent jurisdiction, this decision
shall not affect or impair the validity of the chapter as a whole,
or any other article, section, subsection, provisions, regulation,
limitations, restriction, sentence, clause, phrase, word or remaining
portion of the chapter herein.
Upon adoption of this chapter, the Borough of Wilkinsburg shall
file a copy of the chapter with the Pennsylvania Department of State
and provide a copy to the Pennsylvania Department of Community and
Economic Development.
This chapter shall be effective as of June 1, 2022.
