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Session Laws, 1978
Volume 736, Page 1153   View pdf image
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BLAIR LEE III, Acting Governor

1153

(A)    IN ORDER TO CARRY OUT THE PURPOSES OF THIS
SUBHEADING, THE MUNICIPALITY SHALL HAVE PREPARED AN URBAN
RENEWAL PLAN FOR SLUM OF BLIGHTED AREAS IN THE MUNICIPALITY,
AND SHALL APPROVE THE PLAN FORMALLY. PRIOR TO ITS APPROVAL
OF AN URBAN RENEWAL PROJECT, THE MUNICIPALITY SHALL SUBMIT
THE PLAN TO THE PLANNING BODY OF THE MUNICIPALITY FOR REVIEW
AND RECOMMENDATIONS AS TO ITS CONFORMITY WITH THE MASTER
PLAN FOR THE DEVELOPMENT OF THE MUNICIPALITY AS A WHOLE.
THE PLANNING BODY SHALL SUBMIT ITS WRITTEN RECOMMENDATION
WITH RESPECT TO THE PROPOSED URBAN RENEWAL PLAN TO THE
MUNICIPALITY WITHIN 60 DAYS AFTER RECEIPT OF THE PLAN FOR
REVIEW. UPON RECEIPT OF THE RECOMMENDATIONS OF THE PLANNING
BODY OR, IF NO RECOMMENDATIONS ARE RECEIVED WITHIN THE 60
DAYS, THEN WITHOUT THE RECOMMENDATIONS, THE MUNICIPALITY MAY
PROCEED WITH A PUBLIC HEARING ON THE PROPOSED URBAN RENEWAL
PROJECT. THE MUNICIPALITY SHALL HOLD A PUBLIC HEARING ON AN
URBAN RENEWAL PROJECT AFTER PUBLIC NOTICE OF IT BY
PUBLICATION IN A NEWSPAPER HAVING A GENERAL CIRCULATION
WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY. THE NOTICE
SHALL DESCRIBE THE TIME, DATE, PLACE, AND PURPOSE OF THE
HEARING, SHALL GENERALLY IDENTIFY THE URBAN RENEWAL AREA
COVERED BY THE PLAN, AND SHALL OUTLINE THE GENERAL SCOPE OF
THE URBAN RENEWAL PROJECT UNDER CONSIDERATION. FOLLOWING
THE HEARING, THE MUNICIPALITY MAY APPROVE AN URBAN RENEWAL
PROJECT AND THE PLAN THEREFOR IF IT FINDS THAT:

(1)    A FEASIBLE METHOD EXISTS FOR THE LOCATION
OF ANY FAMILIES OR NATURAL PERSONS WHO WILL BE DISPLACED
FROM THE URBAN RENEWAL AREA IN DECENT, SAFE, AND SANITARY
DWELLING ACCOMMODATIONS WITHIN THEIR MEANS AND WITHOUT UNDUE
HARDSHIP TO THE FAMILIES OR NATURAL PERSONS;

(2)    THE URBAN RENEWAL PLAN CONFORMS
SUBSTANTIALLY TO THE MASTER PLAN OF THE MUNICIPALITY AS A
WHOLE; AND

(3)    THE URBAN RENEWAL PLAN WILL AFFORD MAXIMUM
OPPORTUNITY, CONSISTENT WITH THE SOUND NEEDS OF THE
MUNICIPALITY AS A WHOLE, FOR THE REHABILITATION OR
REDEVELOPMENT OF THE URBAN RENEWAL AREA BY PRIVATE
ENTERPRISE.

(B)    AN URBAN RENEWAL PLAN MAY BE MODIFIED AT ANY
TIME. IF MODIFIED AFTER THE LEASE OR SALE OF REAL PROPERTY
IN THE URBAN RENEWAL PROJECT AREA, THE MODIFICATION MAY BE
CONDITIONED UPON WHATEVER APPROVAL OF THE OWNER, LESSEE, OR
SUCCESSOR IN INTEREST AS THE MUNICIPALITY CONSIDERS
ADVISABLE. IN ANY EVENT, IT SHALL BE SUBJECT TO WHATEVER
RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER, OR HIS
SUCCESSOR OR SUCCESSORS IN INTEREST, MAY BE ENTITLED TO
ASSERT. WHERE THE PROPOSED MODIFICATION WILL CHANGE
SUBSTANTIALLY THE URBAN RENEWAL PLAN AS APPROVED PREVIOUSLY
BY THE MUNICIPALITY, THE MODIFICATION SHALL BE APPROVED
FORMALLY BY THE MUNICIPALITY, AS IN THE CASE OF AN ORIGINAL
PLAN.

(C)    UPON THE APPROVAL BY THE MUNICIPALITY OF AN URBAN

 

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Session Laws, 1978
Volume 736, Page 1153   View pdf image
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