[HISTORY: Adopted by the Council of the Borough of West Chester 12-20-2006
by Ord. No. 21-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative Code — See Ch. 3.
Business Improvement Authority and District — See Ch. 5.
Planning Commission — See Ch. 23.
Building construction — See Ch. 43.
Existing building standards — See Ch. 44.
Housing and property maintenance — See Ch. 66.
Subdivision and land development — See Ch. 97.
Zoning — See Ch. 112.
This chapter shall be known, and may be cited as, the "Borough of West
Chester Redevelopment Authority."
When used in this chapter, capitalized terms shall have the meanings
ascribed thereto below or, if not listed below, in the Urban Redevelopment
Law:
The Administrative Code of the Borough, Chapter 3 of the Borough Code, as the same may be amended from time to time.
Area(s) or property(ies), whether improved or unimproved, that may
meet the definition of the term "redevelopment area" as that term is defined
in the Urban Redevelopment Law and which may be found by the Planning Commission
to be blighted because of the existence of the conditions enumerated in Section
2 of the Urban Redevelopment Law, 35 P.S. § 1702.
The Borough of West Chester, a Home Rule community in the County
of Chester and the Commonwealth of Pennsylvania.
The Home Rule Charter of the Borough and its Government effective
as of January 1, 1994, as the same may be amended from time to time.
The Commonwealth of Pennsylvania.
The Council of the Borough, the duly elected governing body of the
Borough.
The Mayor of the Borough.
The Planning Commission of the Borough.
The Redevelopment Authority of the Borough of West Chester.
The Pennsylvania Third Class City Code, 53 P.S. § 35101
et seq.
The Pennsylvania Urban Redevelopment Law, 35 P.S. § 1701,
et seq., as amended from time to time.
This chapter is adopted by Council pursuant to authority granted by
the General Assembly of the Commonwealth in the Urban Redevelopment Law.
Council makes the following legislative findings:
A.
As of the date of the enactment of this chapter, the
population of the Borough is in excess of 15,000 inhabitants, and, accordingly,
the Borough could as of such date qualify for a charter as a city, separately
from any town, township or other borough, under Section 201 of the Third Class
City Code.
B.
The Urban Redevelopment Law is an Act of the General
Assembly of the Commonwealth that is uniform and applicable throughout the
Commonwealth to counties, cities and boroughs that could qualify for a charter
as a city, separately from any town, township or other borough, under Section
201 of the Third Class City Code.
C.
There exist within the jurisdictional limits of the Borough
areas or properties that may be in need of redevelopment because of the unsafe,
unsanitary, inadequate or over-crowded condition of privately owned dwellings
or other buildings or structures located within those areas.
D.
In certain areas within the jurisdictional limits of
the Borough, the unsafe, unsanitary, inadequate or over-crowded condition
of privately owned dwellings or other buildings or structures cannot be effectively
dealt with by private enterprise without the additional aids granted by this
chapter and the Urban Redevelopment Law.
E.
There exist within the jurisdictional limits of the Borough
areas or properties that may be in need of redevelopment because of the obsolete
or inadequate condition of buildings or other structures located therein or
thereon and owned by the Borough or other governmental or quasi-governmental
authorities.
F.
The presence in the Borough of areas or properties that
may be in need of redevelopment, whether privately or publicly owned, can
be harmful to the social and economic well-being of the entire Borough, including,
without limitation, by causing the depreciation of property values and a reduction
of tax revenues.
G.
The replanning and redevelopment of areas or properties
that may be in need of redevelopment in accordance with sound and approved
plans will promote the public health, safety, convenience and welfare.
Council hereby declares that it is the policy of the Borough to promote
the health, safety and welfare of the individual and corporate residents thereof
and that the adoption of this chapter and the creation hereunder of the Redevelopment
Authority are necessary to serve such policy. The Redevelopment Authority
shall exist and operate for the public purpose of the elimination of areas
or properties in need of redevelopment through economically and socially sound
redevelopment of such areas in conformity with the Borough's Comprehensive
Plan and the Borough's other ordinances, including, without limitation,
the Borough Zoning Ordinance, the Borough Subdivision and Land Development
Ordinance and the Borough's other applicable ordinances. Such purposes
are hereby declared by Council to be public uses for which public money may
be spent and private property may be acquired through the use of the power
of eminent domain or otherwise.
There is hereby created and recognized the Redevelopment Authority. Pursuant to Section 4(c) of the Urban Redevelopment Law, 35 P.S. § 1704(c), Council hereby directs the Borough Manager and the Borough Solicitor to forthwith file with the Secretary of the Commonwealth of Pennsylvania a certified copy of this chapter and to file with the Commonwealth of Pennsylvania Department of Community and Economic Development a copy hereof. Upon receipt from the Secretary of the Commonwealth of Pennsylvania of a Certificate of Incorporation for the Redevelopment Authority and organization of the Redevelopment Authority pursuant to § 28A-8 of this chapter, the Borough Manager is directed to forward the original thereof to the Chairperson of the Redevelopment Authority and to forward one copy thereof to the President of Council and to the Borough Solicitor and to retain one copy thereof in the files of the Borough.
Upon certification of this chapter, the Mayor shall appoint as members
of the Redevelopment Authority five citizens of the Borough who shall also
meet the qualifications for service on a Borough authority, board or commission
as set forth in the Administrative Code.
Immediately upon appointment of the members of the Redevelopment Authority
by the Mayor pursuant to this chapter, those members shall meet and shall
organize themselves in accordance with Section 8 of the Urban Redevelopment
Law, 35 P.S. § 1708.
The Redevelopment Authority shall have all of the powers granted to
it pursuant to Section 9 of the Urban Redevelopment Law, 35 P.S. § 1709,
including, without limitation, the power of eminent domain in order to effect
the public purposes set forth in this chapter and the Urban Redevelopment
Law.
Notwithstanding anything to the contrary set forth in this chapter or
in any other ordinance of the Borough, the procedure for redevelopment of
an area or property in need of redevelopment shall be that set forth in the
Urban Redevelopment Law.
The debts or other obligations of the Redevelopment Authority, including
any bonds thereof, are not, and shall not be, debts or obligations of the
Borough.
