Politics & Government
What's in the NID Plan?
The first hearing regarding the proposed Neighborhood Improvement District is scheduled for June 8.
On June 8, Easton City Council will hold a hearing on the proposed Neighborhood Improvement District plan, twice in the .
The idea is that creating the district would help fund programs like the Easton Ambassadors and Main Street Initiative by assessing a fee on downtown property owners.
While very few details of the Neighborhood Improvement District plan have been released by the Greater Easton Development Partnership or the City of Easton, the law under which NIDs are formed in Pennsylvania is specific about certain things, one of which is what the preliminary plan presented to the public must contain.
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Here are a few things required by law to be presented publicly at the preliminary hearing:
A written report from the municipality containing:
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The name of the proposed district.
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A detailed description of the service areas of the proposed district.
A list of all properties to be assessed.
A list of proposed improvements within the NID and their estimated cost.
A proposed budget for the first fiscal year, including, but not limited to, the following: personnel and administration, programs and services, maintenance and operation, and capital expenditures.
The proposed revenue sources for financing all proposed improvements, programs and services.
The estimated time for implementation and completion of all proposed improvements, programs and services.
A statement identifying the administrative body which will govern and administer the NID.
Any other information, including the statutory authority or, in the case of a nonprofit corporation, the bylaws, which describe the powers and duties of and the method for making decisions by the NID management association (NIDMA).
The method of determining the amount of the assessment fee to be levied on property owners within the NID.
The presented plan must also:
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Identify in detail the specific duties and responsibilities of both the NIDMA and the municipal corporation with respect to the NID.
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Require that a written agreement be signed by the municipal corporation and the NIDMA describing in detail their respective duties and responsibilities.
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Allow for and encourage tax-exempt property owners located within the NID to provide in-kind services or a financial contribution to the NIDMA, if not assessed, in lieu of a property assessment fee.
Require in the agreement between the municipal corporation and the NIDMA that the municipality must maintain the same level of municipal programs and services provided within the NID before NID designation as after NID designation.
Allow the municipal corporation the right to include in the agreement with the NIDMA and in the enabling ordinance establishing the NID a sunset provision of no less than five years for renewal of the agreement.
Require in the agreement with the NIDMA that the municipality establishing an NID shall be responsible for the collection of all property assessment fees levied within the NID if so desired by the NIDMA.
Provide that a negative vote of at least 40 percent of the property owners within the NID proposed in the final plan shall be required to defeat the establishment of the proposed NID by filing objections with the clerk for the governing body of the municipality within 45 days of presentation of the final plan where the governing body of municipality is inclined to establish the NID.
“Prior to the establishment of an NID, the municipality shall submit a revised final plan to property owners located within the proposed NID which incorporates changes made to the plan based on comments from affected property owners within the NID provided at the public hearings or at some other time," the law states.
"Changes to the final plan which differ from the preliminary plan shall also be so indicated in an easily discernible method for the reader, including, but not limited to, changes being in boldfaced or italicized type.”
If there are no changes and the plan as proposed on June 8 is considered final, the law does not require a second hearing.
If changes or revisions are made to the preliminary plan, a second hearing is required to be held.
Following the last public hearing, whether it is one or more, affected property owners have 45 days to register their disapproval of the plan or any amendments.
“If 40 percent or more of the affected property owners within the proposed NID fail to register their disapproval of the final plan or amendment to the final plan in writing with the clerk of the governing body of the municipality in which the NID is proposed, the governing body of the municipality may, following the 45-day period, enact a municipal ordinance establishing an NID under this act or, in the case of an amendment to the final plan, adopt any amendments to the ordinance.”
Information taken directly from the text of “Neighborhood Improvement District Act, Act of Dec. 20, 2000, P.L. 949, No. 130” which is attached to this article in full as a pdf readers may view or download.
For more information about NID law in Pennsylvania, see the other two articles in this series, “” and “.”
