35 Pa. Stat. § 1753

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 1753 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"County's net population." The balance remaining after subtracting the populations of all metropolitan cities and eligible cities, boroughs, incorporated towns and townships situate within the county from its total population.

"Department." The Department of Community Affairs.

"Eligible city, borough, incorporated town and township." All cities, boroughs, incorporated towns and townships which are eligible to receive and which apply directly or through a county or a designated local public agency for funds which are available to the Commonwealth pursuant to the Housing and Community Development Act and which are not eligible as a metropolitan city and which were not considered in Federal fiscal year 1984 as part of an urban county's federally-funded community development block grant program. In addition, a borough, incorporated town and township to be eligible must have a population according to the latest Decennial Census of 4,000 or more and at the time of filing for the annual entitlement grant must also meet the current minimum standards of physical and economic distress for the Federal Urban Development Action Grant Program as determined by the Secretary of Housing and Urban Development pursuant to section 119 of the Housing and Community Development Act. All eligible entitlement municipalities must also meet the general qualifications criteria of this section.

"Eligible county." Those counties which are eligible to receive and which apply for funds available to the Commonwealth pursuant to the Housing and Community Development Act and which are not eligible as an urban county. All eligible entitlement counties must also meet the general qualifications criteria of this section.

"Eligible entitlement entity." Any eligible county or any eligible city, borough, incorporated town and township.

"General qualifications criteria."

(1) An eligible entitlement entity must have the legal capacity to undertake assisted housing programs and community development activities. The designation of a housing or redevelopment authority to undertake assisted housing programs in the entitlement entity's jurisdiction shall be considered prima facie evidence of capacity to undertake assisted housing programs. Every eligible entitlement entity shall adopt a three-year community development plan, which shall be reviewed and approved by the department, and identify the activities to be undertaken and the projected use of funds for the year for which funding is applied. The entitlement entity shall also certify that it has the legal capacity to carry out the community development program either directly, or through the designation of a local public agency.

(2) However, in the case of an eligible borough, incorporated town or township which is under 10,000 in population, it shall be deemed to have met the general qualifications criteria, if the county in which it is located and which receives the annual grant on behalf of the eligible entitlement entity meets the criteria. Further, any borough, incorporated town or township with a population of 10,000 or more and which by resolution designates the eligible county to receive its grant on its behalf shall also be deemed to have met the general qualifications criteria if said county meets the criteria.

(3) The department shall review and approve the three-year community development plan and the projected use of funds, in whole or in part, within 45 days of receipt. An activity or use of funds may be disapproved if ineligible or if the department deems the scope of the project to be inadequate to meet the municipality's community development needs. To the extent an activity or use of funds is deemed ineligible or inadequate, the community shall be eligible to submit an amended proposal for review and approval within 45 days of receipt. "Housing and Community Development Act." Title I of the Federal Housing and Community Development Act of 1974 ( Public Law 93-383 ), as amended.

"Local public agency." A redevelopment authority under the act of May 24, 1945 (P.L. 991, No. 385), known as the Urban Redevelopment Law, or a housing authority under the act of May 28, 1937 (P.L. 955, No. 265), known as the Housing Authorities Law.

"Metropolitan city." A metropolitan city as defined in section 102(a)(4) of the Housing and Community Development Act.

"Population." The number of inhabitants as reflected in the latest decennial census.

"Urban county." An urban county as defined in section 102(a)(6) of the Housing and Community Development Act.

35 P.S. § 1753

1984, Oct. 11, P.L. 906, No. 179, § 3, imd. effective.