§5106. Preparation and approval of renewal plans






The authority may not acquire real property for a renewal project unless the municipal
officers of the municipality have approved the renewal plan by resolution, as prescribed
in this section. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]








1. Comprehensive plan. 
The authority shall not recommend an urban renewal plan to the municipal officers
until a comprehensive plan in substance for the development of the municipality has
been prepared under chapter 191.


[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








2. Urban renewal plan. 
The authority may prepare or have prepared an urban renewal plan, or any person
or agency, public or private, may submit such a plan to the authority. An urban renewal
plan must be sufficiently complete to indicate its relationship to definite local
objectives as to appropriate land uses, improved traffic, public transportation, public
utilities, recreational and community facilities and other public improvements and
the proposed land uses and building requirements in the urban renewal area, and must
include, but is not limited to:





A. The boundaries of the urban renewal area, with a map showing the existing uses and
conditions of the real property in the urban renewal area; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














B. A land use plan showing proposed uses of the area; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














C. Information showing the standards of population densities, land coverage and building
intensities in the area after renewal; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














D. A statement of the proposed changes, if any, in zoning ordinances or maps, street
layouts, street levels or grades, building codes and ordinances; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














E. A site plan of the area; and [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














F. A statement as to the kind and number of additional public facilities or utilities
which will be required to support the new land uses in the area after redevelopment. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]











[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








3. Recommendations by planning board. 
Before recommending an urban renewal plan to the municipal officers for approval,
if the plan has not been prepared by the planning board, the authority shall submit
the plan to the planning board for review and recommendations as to its conformity
with the comprehensive plan. The planning board shall submit its written recommendations
with respect to the proposed renewal plan to the authority within 45 days after receiving
the plan for review.


The authority may recommend the renewal plan to the municipal officers for approval
upon receipt of the recommendations. If no recommendations are received within the
45-day period allowed in this subsection, the authority may recommend the renewal
plan to the municipal officers for approval without the planning board's recommendations.


[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








4. Whether plan accomplishes certain purposes. 
Before recommending an urban renewal plan to the municipal officers for approval,
the authority shall consider whether the proposed land uses and building requirements
in the renewal project area are designed with the general purpose of accomplishing,
in conformity with the comprehensive plan, a coordinated, adjusted and harmonious
development of the municipality which will, in accordance with present and future
needs, promote health, safety, morals, order, convenience, prosperity and the general
welfare, as well as efficiency and economy in the process of development, including,
among other things, adequate provision for:





A. Traffic and vehicular parking; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














B. The promotion of safety from fire, panic and other dangers; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














C. Light and air; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














D. The promotion of the healthful and convenient distribution of population; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














E. Transportation, water, sewerage and other public utilities; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














F. Schools, parks, recreational and community facilities and other public requirements; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














G. The promotion of sound design and arrangement; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














H. The wise and efficient expenditure of public funds; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














I. The prevention of the recurrence of insanitary or unsafe dwelling accommodations,
slums or conditions of blight; and [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














J. Adequate, safe and sanitary dwelling accommodations. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]











[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








5. Recommendation by authority accompanied by recommendation of planning board. 
The recommendation of an urban renewal plan by the authority to the municipal officers
shall be accompanied by:





A. The recommendations, if any, of the planning board concerning the renewal plan; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














B. A statement of the proposed method and estimated cost of the acquisition and preparation
for redevelopment of the renewal project area and the estimated proceeds or revenues
from its disposal to redevelopers; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














C. A statement of the proposed method of financing the urban renewal project; and [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














D. A statement of a feasible method proposed for the relocation of families to be displaced
from the urban renewal area. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]











[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








6. Public hearing; notice. 
The municipal officers shall hold a public hearing on an urban renewal plan after
reasonable public notice, but not less than 7 days, by publication in a newspaper
having general circulation in the area of operation of the municipality. The notice
must:





A. Describe the time, date, place and purpose of the hearing; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














B. Generally identify the renewal area covered by the plan; and [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














C. Outline the general scope of the urban renewal project under consideration. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]











[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








7. Approval of renewal plan; disapproval. 
Following the hearing under subsection 6, the municipal officers may approve by
resolution a renewal plan if they find that the plan is feasible and in conformity
with the comprehensive plan. If the planning board disapproves any renewal plan,
the plan must be approved by a 2/3 vote of the municipal officers. A renewal plan
which was not approved by the municipal officers when recommended by the authority
may again be recommended to them with any modifications considered advisable.


[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








8. Modification of renewal plan. 
The authority may modify an urban renewal plan at any time, provided that, if modified
after the lease or sale of real property in the redevelopment project area, the modification
is consented to by the redeveloper or redevelopers of that real property or their
successor or successors in interest affected by the proposed modification. Where
the proposed modification will substantially change the urban renewal plan as previously
approved by the municipal officers, the modification must similarly be approved by
the municipal officers under subsection 7.


[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]





SECTION HISTORY

1987, c. 737, §§A2,C106 (NEW).
1989, c. 6, (AMD).
1989, c. 9, §2 (AMD).
1989, c. 104, §§C8,10 (AMD).