970-H - Public hearings and plan adoption.
§ 970-h. Public hearings and plan adoption. (a) Before any redevelopment plan is adopted by the legislative body it shall conduct a public hearing on such plan and shall, at least biennially, conduct a public hearing for the purpose of reviewing the redevelopment plan for each redevelopment project within its jurisdiction and evaluating its progress. (b) Notice of the hearing shall be posted in at least four prominent places within the project area for a period of three weeks prior to such hearing and shall be published not less than once a week for three successive weeks prior to the hearing in a newspaper of general circulation in the municipality involved. The notice of hearing shall include a legal description of the boundaries of the area or areas designated in the proposed redevelopment plan and a general statement of the scope and objectives of the plan. A copy of the notices shall be mailed to the last known owner of each parcel of land in the area designated in the redevelopment plan. A copy of the notice shall also be mailed to the legislative body of each of the taxing jurisdictions which levies taxes upon any real property in the project area designated in the proposed redevelopment plan. (c) Any and all persons who have any objections to the proposed redevelopment plan or who deny the existence of blight as defined by subdivision (a) of section nine hundred sixty-c of this article, in the proposed project area, or the legality or appropriateness of any of the prior proceedings, may appear before the legislative body at such public hearing and show cause why the proposed plan should not be adopted. At any time not later than the hour set for hearing objections to the proposed redevelopment plan, any person may file in writing with the clerk of the legislative body a statement of such person's objections to the proposed plan. (d) At the hour set in the notice for hearing objections, the legislative body shall proceed to hear and consider all written and oral objections. Before adopting the redevelopment plan the legislative body shall consider the report of the planning agency if such a report has been submitted. (e) After such hearing and at any time prior to the adoption of the plan, the legislative body may change such plan, or change the boundaries of the project area to exclude land from the project area provided, however, that a change in the redevelopment plan or change in the boundaries that would affect the plan's conformity with the master plan of the municipality may be made only after receipt of a report and recommendation from the planning agency concerning such changes. The planning agency may recommend for or against the changes. Within thirty days after a change is submitted to it for consideration the planning agency shall make and file its report and recommendations with the legislative body. If the planning agency does not report upon the change within thirty days after having received such change from the legislative body, the legislative body may proceed to act upon the plan and such changes without the report of the planning agency. The legislative body shall consider any proposed changes at a public hearing reopened for that limited purpose. (f) After the close of the hearing on the redevelopment plan the legislative body may, by resolution, adopt the redevelopment plan as the official redevelopment plan for the project area. If the planning agency has recommended against the approval of the redevelopment plan, the legislative body may adopt such plan by a two-thirds vote of its entire membership. If the planning agency has recommended approval or failed to make any recommendation within the time allowed, the legislative bodymay adopt the redevelopment plan by a majority vote of its entire membership. (g) The legislative body at the time of, or in connection with, the adoption of the plan, shall declare its intention to undertake and complete any proceedings necessary to be carried out by the municipality under the provisions of the plan. (h) After the adoption by the legislative body of a redevelopment plan, the legislative body shall transmit a copy of the resolution adopting the plan, and a map or plat indicating the boundaries of the project area to the official or officials responsible for the assessment for real property tax purposes of the property included in the project area.