S0645B0686A05135 PWK:CMH 06/24/24 #90 A05135
AMENDMENTS TO SENATE BILL NO. 645
Sponsor: SENATOR LAUGHLIN
Printer's No. 686
Amend Bill, page 1, by inserting between lines 17 and 18
(i) The possessor is a resident of a city of the
first class.
Amend Bill, page 1, line 18, by striking out "(i)" and
inserting
(ii)
Amend Bill, page 2, line 3, by striking out "(ii)" and
inserting
(iii)
Amend Bill, page 2, line 6, by striking out "(iii)" and
inserting
(iv)
Amend Bill, page 2, line 10, by striking out "(iv)" and
inserting
(v)
Amend Bill, page 2, line 14, by inserting after "frontage"
as well as a simple plan for paying all required
taxes, unless the petitioner is otherwise exempt
Amend Bill, page 2, lines 15 through 25, by striking out all
of said lines and inserting
(vi) The following:
(A) The court shall impose a deed restriction on
the property at the time of acquisition that the
property shall remain a garden or a community garden
for a period of not less than seven years from the
date of acquisition. The deed restriction, at a
minimum, shall include a requirement that the
petitioner shall:
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(I) Comply with local regulations relating
to:
(a) community gardens;
(b) managed open spaces;
(c) health codes; and
(d) permanent structures.
(II) Only use the vacant land for the
permitted use.
(B) The deed restriction shall be removable upon
petition to the court and a showing that the
restriction will impose a financial or economic
hardship on the current title holder.
Amend Bill, page 3, line 29, by striking out all of said line
and inserting
"Permitted use." The term includes growing, harvesting and
storing flowers, fruits, vegetables, small ornamental plants and
cover crops for personal or group consumption, for donation or
for sale. The term shall not include flowers, fruits,
vegetables, small ornamental plants and cover crops that are
regulated or prohibited by Federal law.
"Privately owned vacant land." Vacant land that is privately
owned. The term does not include vacant land owned by any of the
following:
(1) The Federal Government.
(2) The Commonwealth.
(3) A city of the first class.
(4) A municipal organization.
(5) A land bank.
(6) A redevelopment authority.
(7) A public body.
(8) A body corporate and politic.
(9) A nonprofit corporation to which the following
apply:
(i) The nonprofit corporation is organized under the
laws of this Commonwealth.
(ii) The directors of the nonprofit corporation
include the mayor and other officials of a city of the
first class.
(iii) Upon the dissolution of the nonprofit
corporation, full legal title to all land acquired by the
nonprofit corporation for the purpose or as a result of
the development, improvement and maintenance of the land
shall vest in the city of the first class.
Amend Bill, page 4, lines 1 through 6, by striking out ". A
permanent structure does not include fences," in line 1 and all
of lines 2 through 6 and inserting
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and as described by the metes and bounds does not exceed a
total area of one-half acre.
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