99.430. Preparation and approval of redevelopment and urban renewal plans--modification of plan.
Preparation and approval of redevelopment and urban renewalplans--modification of plan.
99.430. 1. Preparation and approval of redevelopment and urban renewalplans shall be carried out within the following regulations:
(1) An authority shall not acquire real property for a land clearance orurban renewal project unless the governing body of the community in which theland clearance project area or urban renewal project area is located hasapproved the redevelopment or urban renewal plan, as prescribed in subdivision(9) of this section.
(2) An authority shall not prepare a redevelopment or an urban renewalplan for a land clearance or urban renewal project area unless the governingbody of the community in which the area is located has declared, by resolutionor ordinance, the area to be a blighted, or insanitary area in need ofredevelopment or in need of rehabilitation.
(3) An authority shall not recommend a redevelopment or urban renewalplan to the governing body of the community in which the land clearance orurban renewal project area is located until a general plan for the developmentof the community has been prepared.
(4) The authority itself may prepare or cause to be prepared aredevelopment or urban renewal plan or any person or agency, public orprivate, may submit such a plan to an authority. A redevelopment or urbanrenewal plan shall be sufficiently complete to indicate its relationship todefinite 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 land clearance or urban renewal project area, and shallinclude without being limited to:
(a) The boundaries of the land clearance or urban renewal project area,with a map showing the existing uses and condition of the real propertytherein;
(b) A land use plan showing proposed uses of the area;
(c) Information showing the standards of population densities, landcoverage and building intensities in the area after redevelopment or urbanrenewal;
(d) A statement of the proposed changes, if any, in zoning ordinances ormaps, street layouts, street levels or grades, building codes and ordinances;
(e) A statement as to the kind and number of additional publicfacilities or utilities which will be required in the area after redevelopmentor urban renewal; and
(f) A schedule indicating the estimated length of time needed forcompletion of each phase of the plan.
(5) Prior to recommending a redevelopment or urban renewal plan to thegoverning body for approval, an authority shall submit the plan to theplanning agency, if any, of the community in which the land clearance or urbanrenewal project area is located for review and recommendations as to itsconformity with the general plan for the development of the community as awhole. The planning agency shall submit its written recommendations withrespect to the proposed redevelopment or urban renewal plan to the authoritywithin thirty days after receipt of the plan for review. Upon receipt of therecommendations of the planning agency, or, if no recommendations are receivedwithin the thirty days, then without the recommendations, an authority mayrecommend the redevelopment or urban renewal plan to the governing body of thecommunity for approval.
(6) Prior to recommending a redevelopment or urban renewal plan to thegoverning body for approval, an authority shall consider whether the proposedland uses and building requirements in the land clearance or urban renewalproject area are designed with the general purpose of accomplishing, inconformance with the general plan, a coordinated, adjusted and harmoniousdevelopment of the community and its environs which, in accordance withpresent and future needs, will promote health, safety, morals, order,convenience, prosperity and the general welfare, as well as efficiency andeconomy in the process of development; including, among other things, adequateprovision for traffic, vehicular parking, the promotion of safety from fire,panic and other dangers, adequate provision for light and air, the promotionof the healthful and convenient distribution of population, the provision ofadequate transportation, water, sewerage, and other public utilities, schools,parks, recreational and community facilities and other public requirements,the promotion of sound design and arrangement, the wise and efficientexpenditure of public funds, the prevention of the recurrence of insanitary orunsafe dwelling accommodations, or insanitary areas, or conditions of blightor deterioration, and the provision of adequate, safe and sanitary dwellingaccommodations.
(7) The recommendation of a redevelopment or urban renewal plan by anauthority to the governing body shall be accompanied by the recommendations,if any, of the planning commission concerning the redevelopment or urbanrenewal plan; a statement of the proposed method and estimated cost of theacquisition and preparation for redevelopment or urban renewal of the landclearance or urban renewal project area and the estimated proceeds or revenuesfrom its disposal to redevelopers; a statement of the proposed method offinancing the project; a statement of a feasible method proposed for therelocation of families to be displaced from the land clearance or urbanrenewal project area; and a schedule indicating the estimated length of timeneeded for completion of each phase of the plan.
(8) The governing body of the community shall hold a public hearing onany redevelopment or urban renewal plan or substantial modification thereofrecommended by the authority, after public notice thereof by publication in anewspaper of general circulation in the community once each week for twoconsecutive weeks, the last publication to be at least ten days prior to thedate set for hearing. The notice shall describe the time, date, place andpurpose of the hearing and shall also generally identify the area to becovered by the plan. All interested parties shall be afforded at the publichearing a reasonable opportunity to express their views respecting theproposed redevelopment or urban renewal plan.
(9) Following the hearing, the governing body may approve aredevelopment or urban renewal plan if it finds that the plan is feasible andin conformity with the general plan for the development of the community as awhole. A redevelopment or urban renewal plan which has not been approved bythe governing body when recommended by the authority may be recommended againto it with any modifications deemed advisable.
(10) A redevelopment or urban renewal plan may be modified at any timeby the authority, provided that, if modified after the lease or sale of realproperty in the land clearance or urban renewal project area, the modificationmust be consented to by the redeveloper of the real property or his successor,or their successors in interest affected by the proposed modification. Wherethe proposed modification will substantially change the redevelopment or urbanrenewal plan as previously approved by the governing body, the modificationmust similarly be approved by the governing body.
2. As an alternative to the procedures prescribed in subdivisions (2)and (5) of subsection 1, an authority may find an area to be a blighted,insanitary or undeveloped area in need of redevelopment or rehabilitation, andsimultaneously prepare a plan, or adopt a plan presented to the authority, andthe authority may simultaneously recommend its finding of a blighted,insanitary or undeveloped area and the approval of a plan to the governingbody of the community, and the governing body may make its finding that thearea is blighted, insanitary or undeveloped and approve the plansimultaneously. Simultaneously with such recommendation of a finding of ablighted or insanitary or undeveloped industrial area and recommendation of aplan to the governing body for approval, an authority shall submit the findingof a blighted or insanitary or undeveloped area and the plan to the planningagency, if any, of the community in which the project area is located forreview and recommendation as to the conformity of the plan to the general planfor the development of the community as a whole. The planning agency shallsubmit its written recommendations with respect to the finding of a blightedor insanitary or undeveloped industrial area and the plan to the authority andthe local governing body within thirty days after receipt of the findings andthe plan for review. Upon receipt of the recommendations of the planningagency, or, if no recommendations are received within the thirty days, thenwithout the recommendations, the governing body may simultaneously approve thefinding of a blighted or insanitary or undeveloped area and approve the planin the manner prescribed in subdivisions (8) and (9) of subsection 1.
(L. 1951 p. 300 § 6, A.L. 1955 p. 279, A.L. 1982 H.B. 1411 & 1587)