§ 160A‑513. Preparation and adoption of redevelopment plans.
(a) A commission shall prepare a redevelopment plan for any areacertified by the planning commission to be a redevelopment area. Aredevelopment plan shall be sufficiently complete to indicate its relationshipto definite local objectives as to appropriate land uses, improved traffic,public transportation, public utilities, recreational and community facilitiesand other public improvements and the proposed land uses and buildingrequirements in the redevelopment project area.
(b) The planning commission's certification of a redevelopmentarea shall be made in conformance with its comprehensive general plan, if any(which may include, inter alia, a plan of major traffic arteries and terminalsand a land use plan and projected population densities) for the area.
(c) A commission shall not acquire real property for adevelopment project unless the governing body of the community in which theredevelopment project area is located has approved the redevelopment plan, ashereinafter prescribed; provided, however, that the commission may acquire,through negotiation, specific pieces of property in the redevelopment areaprior to the approval of such plan when the governing body finds that advanceacquisition of such properties is in the public interest and specificallyapproves such action.
(d) The redevelopment commission's redevelopment plan shallinclude, without being limited to, the following:
(1) The boundaries of the area, with a map showing the existinguses of the real property therein;
(2) A land use plan of the area showing proposed uses followingredevelopment;
(3) Standards of population densities, land coverage andbuilding intensities in the proposed redevelopment;
(4) A preliminary site plan of the area;
(5) A statement of the proposed changes, if any, in zoningordinances or maps;
(6) A statement of any proposed changes in street layouts orstreet levels;
(7) A statement of the estimated cost and method of financingredevelopment under the plan; provided, that where redevelopment activities areperformed on the basis of annual increments, such statement to be sufficientshall set forth a schedule of the activities proposed to be undertaken duringthe incremental period, together with a statement of the estimated cost andmethod of financing such scheduled activities only;
(8) A statement of such continuing controls as may be deemednecessary to effectuate the purposes of this Article;
(9) A statement of a feasible method proposed for the relocation of the families displaced.
(e) The commission shall hold a public hearing prior to itsfinal determination of the redevelopment plan. Notice of such hearing shall begiven once a week for two successive calendar weeks in a newspaper published inthe municipality, or if there be no newspaper published in the municipality, byposting such notice at four public places in the municipality, said notice tobe published the first time or posted not less than 15 days prior to the datefixed for said hearing.
(f) The commission shall submit the redevelopment plan to theplanning commission for review. The planning commission, shall, within 45 days,certify to the redevelopment commission its recommendation on the redevelopmentplan, either of approval, rejection or modification, and in the latter event,specify the changes recommended.
(g) Upon receipt of the planning commission's recommendation, orat the expiration of 45 days, if no recommendation is made by the planningcommission, the commission shall submit to the governing body the redevelopmentplan with the recommendation, if any, of the planning commission thereon. Priorto recommending a redevelopment plan to the governing body for approval, thecommission shall consider whether the proposed land uses and buildingrequirements in the redevelopment project area are designed with the generalpurpose of accomplishing, in conformance with the general plan, a coordinated,adjusted and harmonious development of the community and its environs, whichwill in accordance with present and future needs promote health, safety,morals, order, convenience, prosperity and the general welfare, as well asefficiency and economy in the process of development, including, among otherthings, adequate provision for traffic, vehicular parking, the promotion ofsafety from fire, panic and other dangers, adequate provision for light andair, the promotion of the healthful and convenient distribution of population,the provision of adequate transportation, water, sewerage and other publicutilities, schools, parks, recreational and community facilities and otherpublic requirements, the promotion of sound design and arrangements, the wiseand efficient expenditure of public funds, the prevention of the recurrence ofinsanitary or unsafe dwelling accommodations, slums, or conditions or blight.
(h) The governing body, upon receipt of the redevelopment planand the recommendation (if any) of the planning commission, shall hold a publichearing upon said plan. Notice of such hearing shall be given once a week fortwo successive weeks in a newspaper published in the municipality, or, if therebe no newspaper published in the municipality, by posting such notice at fourpublic places in the municipality, said notice to be published the first timeor posted not less than 15 days prior to the date fixed for said hearing. Thenotice shall describe the redevelopment area by boundaries, in a mannerdesigned to be understandable by the general public. The redevelopment plan,including such maps, plans, contracts, or other documents as form a part of it,together with the recommendation (if any) of the planning commission andsupporting data, shall be available for public inspection at a locationspecified in the notice for at least 10 days prior to the hearing.
At the hearing the governing body shall afford an opportunity to allpersons or agencies interested to be heard and shall receive, make known, andconsider recommendations in writing with reference to the redevelopment plan.
(i) The governing body shall approve, amend, or reject theredevelopment plan as submitted.
(j) Subject to the proviso in subsection (c) of this section,upon approval by the governing body of the redevelopment plan, the commissionis authorized to acquire property, to execute contracts for clearance andpreparation of the land for resale, and to take other actions necessary tocarry out the plan, in accordance with the provisions of this Article.
(k) A redevelopment plan may be modified at any time by thecommission; provided that, if modified after the sale of real property in theredevelopment project area, the modification must be consented to by theredeveloper of such real property or his successor, or their successors ininterest affected by the proposed modification. Where the proposed modificationwill substantially change the redevelopment plan as previously approved by thegoverning body the modification must similarly be approved by the governingbody as provided above. (1951, c. 1095, s. 10; 1961, c. 837, s. 8; 1965, c. 808; 1969, c. 254,s. 2; 1973, c. 426, s. 75.)
§ 160A‑513. Preparation and adoption of redevelopment plans.
(a) A commission shall prepare a redevelopment plan for any areacertified by the planning commission to be a redevelopment area. Aredevelopment plan shall be sufficiently complete to indicate its relationshipto definite local objectives as to appropriate land uses, improved traffic,public transportation, public utilities, recreational and community facilitiesand other public improvements and the proposed land uses and buildingrequirements in the redevelopment project area.
(b) The planning commission's certification of a redevelopmentarea shall be made in conformance with its comprehensive general plan, if any(which may include, inter alia, a plan of major traffic arteries and terminalsand a land use plan and projected population densities) for the area.
(c) A commission shall not acquire real property for adevelopment project unless the governing body of the community in which theredevelopment project area is located has approved the redevelopment plan, ashereinafter prescribed; provided, however, that the commission may acquire,through negotiation, specific pieces of property in the redevelopment areaprior to the approval of such plan when the governing body finds that advanceacquisition of such properties is in the public interest and specificallyapproves such action.
(d) The redevelopment commission's redevelopment plan shallinclude, without being limited to, the following:
(1) The boundaries of the area, with a map showing the existinguses of the real property therein;
(2) A land use plan of the area showing proposed uses followingredevelopment;
(3) Standards of population densities, land coverage andbuilding intensities in the proposed redevelopment;
(4) A preliminary site plan of the area;
(5) A statement of the proposed changes, if any, in zoningordinances or maps;
(6) A statement of any proposed changes in street layouts orstreet levels;
(7) A statement of the estimated cost and method of financingredevelopment under the plan; provided, that where redevelopment activities areperformed on the basis of annual increments, such statement to be sufficientshall set forth a schedule of the activities proposed to be undertaken duringthe incremental period, together with a statement of the estimated cost andmethod of financing such scheduled activities only;
(8) A statement of such continuing controls as may be deemednecessary to effectuate the purposes of this Article;
(9) A statement of a feasible method proposed for the relocation of the families displaced.
(e) The commission shall hold a public hearing prior to itsfinal determination of the redevelopment plan. Notice of such hearing shall begiven once a week for two successive calendar weeks in a newspaper published inthe municipality, or if there be no newspaper published in the municipality, byposting such notice at four public places in the municipality, said notice tobe published the first time or posted not less than 15 days prior to the datefixed for said hearing.
(f) The commission shall submit the redevelopment plan to theplanning commission for review. The planning commission, shall, within 45 days,certify to the redevelopment commission its recommendation on the redevelopmentplan, either of approval, rejection or modification, and in the latter event,specify the changes recommended.
(g) Upon receipt of the planning commission's recommendation, orat the expiration of 45 days, if no recommendation is made by the planningcommission, the commission shall submit to the governing body the redevelopmentplan with the recommendation, if any, of the planning commission thereon. Priorto recommending a redevelopment plan to the governing body for approval, thecommission shall consider whether the proposed land uses and buildingrequirements in the redevelopment project area are designed with the generalpurpose of accomplishing, in conformance with the general plan, a coordinated,adjusted and harmonious development of the community and its environs, whichwill in accordance with present and future needs promote health, safety,morals, order, convenience, prosperity and the general welfare, as well asefficiency and economy in the process of development, including, among otherthings, adequate provision for traffic, vehicular parking, the promotion ofsafety from fire, panic and other dangers, adequate provision for light andair, the promotion of the healthful and convenient distribution of population,the provision of adequate transportation, water, sewerage and other publicutilities, schools, parks, recreational and community facilities and otherpublic requirements, the promotion of sound design and arrangements, the wiseand efficient expenditure of public funds, the prevention of the recurrence ofinsanitary or unsafe dwelling accommodations, slums, or conditions or blight.
(h) The governing body, upon receipt of the redevelopment planand the recommendation (if any) of the planning commission, shall hold a publichearing upon said plan. Notice of such hearing shall be given once a week fortwo successive weeks in a newspaper published in the municipality, or, if therebe no newspaper published in the municipality, by posting such notice at fourpublic places in the municipality, said notice to be published the first timeor posted not less than 15 days prior to the date fixed for said hearing. Thenotice shall describe the redevelopment area by boundaries, in a mannerdesigned to be understandable by the general public. The redevelopment plan,including such maps, plans, contracts, or other documents as form a part of it,together with the recommendation (if any) of the planning commission andsupporting data, shall be available for public inspection at a locationspecified in the notice for at least 10 days prior to the hearing.
At the hearing the governing body shall afford an opportunity to allpersons or agencies interested to be heard and shall receive, make known, andconsider recommendations in writing with reference to the redevelopment plan.
(i) The governing body shall approve, amend, or reject theredevelopment plan as submitted.
(j) Subject to the proviso in subsection (c) of this section,upon approval by the governing body of the redevelopment plan, the commissionis authorized to acquire property, to execute contracts for clearance andpreparation of the land for resale, and to take other actions necessary tocarry out the plan, in accordance with the provisions of this Article.
(k) A redevelopment plan may be modified at any time by thecommission; provided that, if modified after the sale of real property in theredevelopment project area, the modification must be consented to by theredeveloper of such real property or his successor, or their successors ininterest affected by the proposed modification. Where the proposed modificationwill substantially change the redevelopment plan as previously approved by thegoverning body the modification must similarly be approved by the governingbody as provided above. (1951, c. 1095, s. 10; 1961, c. 837, s. 8; 1965, c. 808; 1969, c. 254,s. 2; 1973, c. 426, s. 75.)
§ 160A‑513. Preparation and adoption of redevelopment plans.
(a) A commission shall prepare a redevelopment plan for any areacertified by the planning commission to be a redevelopment area. Aredevelopment plan shall be sufficiently complete to indicate its relationshipto definite local objectives as to appropriate land uses, improved traffic,public transportation, public utilities, recreational and community facilitiesand other public improvements and the proposed land uses and buildingrequirements in the redevelopment project area.
(b) The planning commission's certification of a redevelopmentarea shall be made in conformance with its comprehensive general plan, if any(which may include, inter alia, a plan of major traffic arteries and terminalsand a land use plan and projected population densities) for the area.
(c) A commission shall not acquire real property for adevelopment project unless the governing body of the community in which theredevelopment project area is located has approved the redevelopment plan, ashereinafter prescribed; provided, however, that the commission may acquire,through negotiation, specific pieces of property in the redevelopment areaprior to the approval of such plan when the governing body finds that advanceacquisition of such properties is in the public interest and specificallyapproves such action.
(d) The redevelopment commission's redevelopment plan shallinclude, without being limited to, the following:
(1) The boundaries of the area, with a map showing the existinguses of the real property therein;
(2) A land use plan of the area showing proposed uses followingredevelopment;
(3) Standards of population densities, land coverage andbuilding intensities in the proposed redevelopment;
(4) A preliminary site plan of the area;
(5) A statement of the proposed changes, if any, in zoningordinances or maps;
(6) A statement of any proposed changes in street layouts orstreet levels;
(7) A statement of the estimated cost and method of financingredevelopment under the plan; provided, that where redevelopment activities areperformed on the basis of annual increments, such statement to be sufficientshall set forth a schedule of the activities proposed to be undertaken duringthe incremental period, together with a statement of the estimated cost andmethod of financing such scheduled activities only;
(8) A statement of such continuing controls as may be deemednecessary to effectuate the purposes of this Article;
(9) A statement of a feasible method proposed for the relocation of the families displaced.
(e) The commission shall hold a public hearing prior to itsfinal determination of the redevelopment plan. Notice of such hearing shall begiven once a week for two successive calendar weeks in a newspaper published inthe municipality, or if there be no newspaper published in the municipality, byposting such notice at four public places in the municipality, said notice tobe published the first time or posted not less than 15 days prior to the datefixed for said hearing.
(f) The commission shall submit the redevelopment plan to theplanning commission for review. The planning commission, shall, within 45 days,certify to the redevelopment commission its recommendation on the redevelopmentplan, either of approval, rejection or modification, and in the latter event,specify the changes recommended.
(g) Upon receipt of the planning commission's recommendation, orat the expiration of 45 days, if no recommendation is made by the planningcommission, the commission shall submit to the governing body the redevelopmentplan with the recommendation, if any, of the planning commission thereon. Priorto recommending a redevelopment plan to the governing body for approval, thecommission shall consider whether the proposed land uses and buildingrequirements in the redevelopment project area are designed with the generalpurpose of accomplishing, in conformance with the general plan, a coordinated,adjusted and harmonious development of the community and its environs, whichwill in accordance with present and future needs promote health, safety,morals, order, convenience, prosperity and the general welfare, as well asefficiency and economy in the process of development, including, among otherthings, adequate provision for traffic, vehicular parking, the promotion ofsafety from fire, panic and other dangers, adequate provision for light andair, the promotion of the healthful and convenient distribution of population,the provision of adequate transportation, water, sewerage and other publicutilities, schools, parks, recreational and community facilities and otherpublic requirements, the promotion of sound design and arrangements, the wiseand efficient expenditure of public funds, the prevention of the recurrence ofinsanitary or unsafe dwelling accommodations, slums, or conditions or blight.
(h) The governing body, upon receipt of the redevelopment planand the recommendation (if any) of the planning commission, shall hold a publichearing upon said plan. Notice of such hearing shall be given once a week fortwo successive weeks in a newspaper published in the municipality, or, if therebe no newspaper published in the municipality, by posting such notice at fourpublic places in the municipality, said notice to be published the first timeor posted not less than 15 days prior to the date fixed for said hearing. Thenotice shall describe the redevelopment area by boundaries, in a mannerdesigned to be understandable by the general public. The redevelopment plan,including such maps, plans, contracts, or other documents as form a part of it,together with the recommendation (if any) of the planning commission andsupporting data, shall be available for public inspection at a locationspecified in the notice for at least 10 days prior to the hearing.
At the hearing the governing body shall afford an opportunity to allpersons or agencies interested to be heard and shall receive, make known, andconsider recommendations in writing with reference to the redevelopment plan.
(i) The governing body shall approve, amend, or reject theredevelopment plan as submitted.
(j) Subject to the proviso in subsection (c) of this section,upon approval by the governing body of the redevelopment plan, the commissionis authorized to acquire property, to execute contracts for clearance andpreparation of the land for resale, and to take other actions necessary tocarry out the plan, in accordance with the provisions of this Article.
(k) A redevelopment plan may be modified at any time by thecommission; provided that, if modified after the sale of real property in theredevelopment project area, the modification must be consented to by theredeveloper of such real property or his successor, or their successors ininterest affected by the proposed modification. Where the proposed modificationwill substantially change the redevelopment plan as previously approved by thegoverning body the modification must similarly be approved by the governingbody as provided above. (1951, c. 1095, s. 10; 1961, c. 837, s. 8; 1965, c. 808; 1969, c. 254,s. 2; 1973, c. 426, s. 75.)
