§46-15 - Experimental and demonstration housing projects.
§46-15 Experimental and demonstration
housing projects. (a) The mayor of each county, after holding a public
hearing on the matter and receiving the approval of the respective council,
shall be empowered to designate areas of land for experimental and demonstration
housing projects, the purposes of which are to research and develop ideas that
would reduce the cost of housing in the State. Except as hereinafter provided,
the experimental and demonstration housing projects shall be exempt from all
statutes, ordinances, charter provisions, and rules or regulations of any
governmental agency or public utility relating to planning, zoning,
construction standards for subdivisions, development and improvement of land,
and the construction and sale of homes thereon; provided that the experimental
and demonstration housing projects shall not affect the safety standards or
tariffs approved by the public utility commissions for such public utility.
The mayor of each county with the approval of
the respective council may designate a county agency or official who shall have
the power to review all plans and specifications for the subdivisions,
development and improvement of the land involved, and the construction and sale
of homes thereon. The county agency or official shall have the power to
approve or disapprove or to make modifications to all or any portion of the
plans and specifications.
The county agency or official shall submit
preliminary plans and specifications to the legislative body of the respective
county for its approval or disapproval. The final plans and specifications for
the project shall be deemed approved by the legislative body if the final plans
and specifications do not substantially deviate from the approved preliminary
plans and specifications. The final plans and specifications shall constitute
the standards for the particular project.
No action shall be prosecuted or maintained
against any county, its officials or employees, on account of actions taken in
reviewing, approving, or disapproving such plans and specifications.
Any experimental or demonstration housing
project for the purposes hereinabove mentioned may be sponsored by any state or
county agency or any person as defined in section 1-19.
The county agency or official shall apply to
the state land use commission for an appropriate land use district
classification change, except where a proposed project is located on land
within an urban district established by the state land use commission.
Notwithstanding any law, rule, or regulation to the contrary, the state land
use commission may approve the application at any time after a public hearing
held in the county where the land is located upon notice of the time and place
of the hearing being published in the same manner as the notice required for a
public hearing by the planning commission of the appropriate county.
(b) The experimental and demonstration homes
may be sold to the public under terms and conditions approved by the county
agency or official who has been designated to review the plans and
specifications.
(c) The county agency or official may adopt
and promulgate rules and regulations which are necessary or desirable to carry
out the purposes of this section. [L 1970, c 108, §1; am L 1975, c 142, §1; am
L 1977, c 207, §1; am L 1984, c 66, §1]