Chapter 19 - REDEVELOPMENT AGENCY

Footnotes:

--- (1) --- Cross reference— Administration, ch. 2; buildings and building regulations, ch. 6; environment, ch. 12; planning board, ch. 17; zoning, ch. 30.

State Law reference— Redevelopment agencies, G.L. 1956, § 45-31-1 et seq.

ARTICLE I. - IN GENERAL#

Sec. 19-1. - Purpose.#

The purpose of the town redevelopment agency is to encourage, direct, and regulate new development and redevelopment within districts, and to acquire and redevelop those areas itself, which the agency determines cannot be redeveloped otherwise, in order to carry out the purposes of G.L. 1956, chs. 45-31—45-33 inclusive.

(Ord. of 1-22-2003(1), § 19.2)

Sec. 19-2. - Statement of public interest.#

It is determined and declared by the town council that in certain areas of town there exist blighted and substandard areas, which constitute community liabilities requiring redevelopment in the interest of the health, safety, morals, and general welfare of the community. It is further found that the findings as to dangers from substandard areas, and the finding of obstacles to private redevelopment, as included in the G.L. 1956, §§ 45-31-2—45-31-4 contribute to the importance and purpose of this chapter. Therefore, the necessity for the provisions enacted in this chapter is hereby declared as a matter of legislative determination to be in the public interest.

(Ord. of 1-22-2003(1), § 19.3)

Sec. 19-3. - Definitions.#

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agency means a redevelopment agency created by G.L. 1956, § 45-31-1 et seq.

Arrested blighted area means any area which, by reason of the existence of physical conditions including, but not by way of limitation, the existence of unsuitable soil conditions, the existence of dumping or other unsanitary or unsafe conditions, the existence of ledge or rock, the necessity of unduly expensive excavation, fill or grading, or the necessity of undertaking unduly expensive measures for the drainage of the area or for the prevention of flooding thereof or for making the same appropriate for sound development, or by reason of obsolete, inappropriate, or otherwise faulty platting or subdivision, deterioration of site improvements, inadequacy of utilities, diversity of ownership of plots, or tax delinquencies, or by reason of any combination of any of the foregoing conditions, is unduly costly to develop soundly through the ordinary operations of private enterprise and impairs the sound growth of the community.

Blighted and substandard area includes a slum blighted area, a deteriorated blighted area, or an arrested blighted area, or any combination of these areas.

Bonds of agency means any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to G.L. 1956, §§ 45-33-5—45-33-15, inclusive.

Community means the town, or a village or neighborhood contained therein.

Deteriorated blighted area means any area in which there exist buildings or improvements, either used or intended to be used for living, commercial, industrial, or other purposes, or any combination of these uses, which by reason of: (1)

Dilapidation, deterioration, age, or obsolescence;

(2)

Inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities;

(3)

High density of population and overcrowding;

(4)

Defective design or unsanitary or unsafe character or conditions of physical construction;

(5)

Defective or inadequate street and lot layout; and

(6)

Mixed character, shifting, or deterioration of uses to which they are put, or any combination of these factors and characteristics;

is conducive to the further deterioration and decline of the area to the point where it may become a slum blighted area as defined in this section, and are detrimental to the public health, safety, morals, and welfare of the inhabitants of the community and of the state generally. A deteriorated blighted area need not be restricted to, or consist entirely of, lands, buildings, or improvements which of themselves are detrimental or inimical to the public health, safety, morals, or welfare, but may consist of an area in which these conditions exist and injuriously affect the entire area.

Federal government means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.

Obligee of the agency and obligee include any bondholder, trustee for any bondholder, or lessor demising to the agency property used in connection with a redevelopment project or any assignee of that lessor, and the federal government.

Planning board means an agency established under any state law or created by or pursuant to the charter of the community.

Project area means all or any portion of a redevelopment area. A project area may include lands, buildings, or improvements which of themselves are not detrimental or inimical to the public health, safety, morals, or welfare, but whose inclusion is necessary, with or without change in their conditions or ownership, for the effective redevelopment of the area of which they are a part.

Public hearing means a hearing before the town council or before any committee of the town council to which the matter to be heard shall have been referred.

Real property means lands, including lands underwater and waterfront property, buildings, structures, fixtures, and improvements thereon, and every estate, interest, privilege, easement, franchise and right, legal or equitable, therein, including rights-of-way, terms for years and liens, charges or encumbrances by way of judgment, attachment, mortgage, or otherwise, and the indebtedness secured by such liens.

Redevelopment means the elimination and prevention of the spread of blighted and substandard areas. Redevelopment may include the planning, replanning, acquisition, rehabilitation, improvement, clearance, sale, lease, or other disposition, or any combination of these, of land, buildings, or other improvements for residential, recreational, commercial, industrial, institutional, public, or other purposes, including the provision of streets, utilities, recreational areas, and other open spaces consistent with the needs of sound community growth in accordance with the community's comprehensive plan and carrying out plans for a program of voluntary repair and rehabilitation of buildings or other improvements.

Redevelopment area and redevelopment district mean any area of a community which the town council finds is a blighted and substandard area whose redevelopment is necessary to effectuate the public purposes declared in G.L. 1956, § 45-31-1 et seq.

Redevelopment plan means a plan, as it exists from time to time, for a redevelopment project, which shall: (1)

Conform to the comprehensive plan for the community as a whole; and

(2)

Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the project area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives, respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.

Redevelopment project means any work or undertaking of an agency pursuant to G.L. 1956, chs. 45-31—45-33 inclusive.

Slum blighted area means any area in which there is a predominance of buildings or improvements, either used or intended to be used for living, commercial, industrial, or other purposes, or any combination of these uses, which, by reason of: (1)

Dilapidation, deterioration, age, or obsolescence;

(2)

Inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities;

(3)

High density of population and overcrowding;

(4)

Defective design or unsanitary or unsafe character or condition of physical construction;

(5)

Defective or inadequate street and lot layout; and

(6)

Mixed character or shifting of uses to which they are put, or any combination of these factors and characteristics;

is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, injuriously affect the entire area and constitute a menace to the public health, safety, morals, and welfare of the inhabitants of the community and of the state generally. A slum blighted area need not be restricted to, or consist entirely of, lands, buildings, or improvements which of themselves are detrimental or inimical to the public health, safety, morals, or welfare, but may consist of an area in which these conditions predominate and injuriously affect the entire area.

State government means this state, or any agency or instrumentality, corporate or otherwise, thereof.

State public body means the state, or any city or town or any other subdivision or public body of the state or of any city or town.

(Ord. of 1-22-2003(1), § 19.4)

Cross reference— Definitions generally, § 1-2.

Sec. 19-4. - Created.#

The town redevelopment agency, in this chapter called the agency, which was created by prior resolutions of the town council, shall have a membership, organization, and powers as provided in this chapter.

(Ord. of 1-22-2003(1), § 19.5)

Sec. 19-5. - Membership and appointment.#

(a)

The appointment of members and rules governing the tenure and officers of the redevelopment agency shall be those as stated in G.L. 1956, §§ 45-31-12 —-45-31-15.

(b)

The president of town council shall appoint seven resident electors of the town as members of the agency, subject to approval of the town council. Five members shall be regular members of the agency and two members shall serve as alternate members. No member of the agency may be an elected officer or an employee of the town. The powers of the agency shall be vested in the acting members thereof.

(c)

The regular members who are first appointed shall be designated to serve for terms of one, two, three, four, and five years respectively. Thereafter regular members shall be appointed as aforesaid for a term of office of five years, except that all vacancies occurring during a term shall be filled for the unexpired term. Alternate members shall serve a term of two years and shall be designated as first alternate and second alternate, and shall be allowed to participate in all agency affairs except that alternate members shall only be allowed to vote in their respective order as first and second alternate if a regular voting member is unable to vote for any reason whatsoever. A member shall hold office until his successor has been appointed.

(d)

The agency shall elect a chairperson and vice-chairperson from among its members. The agency shall elect or appoint a secretary who need not be a member of the agency.

(e)

Meetings of the agency shall be held at the call of the chairperson and at such other times as the agency may determine.

(Ord. of 1-22-2003(1), § 19.5.1)

Sec. 19-6. - Interest of officers and employees in project area properties.#

No officer or employee of the community or of the agency who in the course of his duties is required to participate in the formulation of plans or policies for the redevelopment of a project area, or to approve those plans or policies, shall acquire any interest in any property included within a project area within the community. If the officer or employee owns or has any financial interest, direct or indirect, in any property included within a project area, he shall immediately disclose, in writing, the interest to the town council and the disclosure shall be entered in the minutes of the agency and of the legislative body. Failure to disclose the interest constitutes misconduct in office. No payment shall be made to any member or officer of the agency for any property or interest in property acquired by the agency from the member or officer, unless the amount of the payment is fixed by court order in eminent domain proceedings or unless the payment is unanimously approved by the town council.

(Ord. of 1-22-2003(1), § 19.5.2)

Sec. 19-7. - Suspension and removal of agency members.#

For inefficiency, neglect of duty or misconduct in office, a member of an agency may be suspended by the town council. A member of an agency may be removed by the town council only after he has been given a copy of the charges against him, which copy shall be served on him at least ten days prior to a public hearing, and after he has had an opportunity to be heard in person or by counsel, at the hearing to be held within 30 days after the date of the suspension.

(Ord. of 1-22-2003(1), § 19.5.3)

Sec. 19-8. - Resident attorneys.#

The agency shall appoint a resident attorney, as required by G.L. 1956, § 45-31-18.

(Ord. of 1-22-2003(1), § 19.5.4)

Sec. 19-9. - Deactivation or substitution of agency.#

At any time after two years of the effective date of the ordinance from which this chapter is derived, declaring that there is need for a redevelopment agency to function in the community, the town council, if the agency has not redeveloped or acquired land for, or commenced the redevelopment of a project or entered into any contracts for redevelopment, may, by repeal of such ordinance, declare that there is no further need for the agency in the community. Thereupon, the offices of the members of the agency shall be vacated and the capacity of the agency to transact business or exercise any power shall be suspended and remain suspended until the town council adopts an ordinance declaring the need for the agency to function.

(Ord. of 1-22-2003(1), § 19.5.5)

Sec. 19-10. - Establishment of rules.#

(a)

When the agency is functioning as a review board, it will need to establish written rules of procedure and minimum submission requirements.

(b)

When the agency writes the rules, it shall include, but not be limited to, rules governing:

(1)

Conduct of business.

(2)

Public meetings.

(3)

Period within which to act.

(4)

Right of appeal.

(5)

Periodical reports.

(Ord. of 1-22-2003(1), § 19.5.6)

Sec. 19-11. - Engaging services or experts.#

The agency may designate a secretary and engage the services of a recorder and such other technical services or assistance it deems necessary to carry out its responsibilities subject to the provisions of the town Charter and ordinances.

(Ord. of 1-22-2003(1), § 19.5.7)

Secs. 19-12—19-40. - Reserved.#

ARTICLE II. - POWERS AND DUTIES#

Sec. 19-41. - Corporate power of the agency.#

(a)

The redevelopment agency shall have the powers as stated in G.L. 1956, chs. 45-31—45-33, inclusive. These powers are to:

(1)

Sue and be sued; to borrow money; to compromise and settle claims; to have a seal; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

(2)

Make, and, from time to time, amend and repeal bylaws, rules, and regulations, consistent with G.L. 1956, chs. 45-31—45-33, inclusive, to carry into effect the powers and purposes of these chapters.

(3)

Select and appoint such officers, agents, counsel, and employees, permanent and temporary, as it may require, and determine their qualifications, duties, and compensation, subject to the provisions of the town Charter.

(4)

Within the redevelopment area or for purposes of redevelopment: to purchase, lease, obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, or any estate or interest therein, together with any improvements thereon to acquire by the exercise of the power of eminent domain any real property or any estate or interest therein; to clear, demolish, or remove any and all buildings, structures, or other improvements from any real property so acquired; to rehabilitate or to otherwise improve any or all substandard buildings, structures, or other improvements; to insure or provide for the insurance of any real or personal property or operations of the agency against risk or hazard; and to rent, maintain, rehabilitate, improve, manage, operate, repair, and clear the property.

(5)

Develop as a building site or sites any real property owned or acquired by it.

(6)

Cause streets and highways to be laid out and graded, and pavements or other road surfacing, sidewalks, and curbs, public utilities of every kind, parks, playgrounds, and other recreational areas, off-street parking areas and other public improvements to be constructed and installed.

(7)

Prepare or have prepared all plans necessary for the redevelopment of blighted and substandard areas; with the consent and approval of the planning board, to carry on and perform, for and on behalf of the planning board, all or any part of the planning activities and functions within the community; to undertake and perform, for the community, industrial, commercial, and family relocation services; to obtain appraisals and title searches; to make investigations, studies, and surveys of physical, economic, and social conditions and trends pertaining to a community; to develop, test, and report methods and techniques and carry out research and other activities for the prevention and the elimination of blighted and substandard conditions and to apply for, accept, and utilize grants of funds from the federal government and other sources for those purposes; and to enter upon any building or property in any redevelopment area in order to make investigations, studies, and surveys, and, if entry is denied or resisted, an agency may petition the superior court in and for the county in which the land lies for an order for this purpose.

(8)

Undertake technical assistance to property owners and other private persons to encourage, implement, and facilitate voluntary improvement of real property.

(9)

Undertake and carry out code enforcement projects pursuant to the provisions of appropriate federal legislation.

(10)

Invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, in property or securities in which savings bonds may legally invest funds subject to their control; and to purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be cancelled.

(11)

Lend money and to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber (by mortgage, deed of trust, or otherwise), or otherwise dispose of any real or personal property or any estate or interest therein acquired under the provisions of G.L. 1956, chs. 45-31—45-33, inclusive, to the United States, the state government, any state public body, or any private corporation, firm, or individual at its fair value for uses in accordance with the redevelopment plan, irrespective of the cost of acquiring and preparing the property for redevelopment. In determining the fair value of the property for uses in accordance with the redevelopment plan, the agency shall take into account, and give consideration to, the uses and purposes required by the plan, the restrictions upon, and the obligations assumed by the purchaser or lessee of the property, and the objective or the redevelopment plan for the prevention of the recurrence of blighted and substandard conditions. Any lease or sale of the property may be made without pubic bidding provided, however, that no sale or lease shall be made until at least ten days after the town council has received from the agency a report concerning the proposed sale or lease.

(12)

Obligate the purchaser or lessee of any real or personal property or any estate or interest therein to:

a.

Use the property only for the purpose and in the manner stated in the redevelopment plan;

b.

Begin and complete the construction or rehabilitation of any structure or improvement within a period of time which the agency fixes as reasonable;

c.

Comply with such other conditions as in the opinion of the agency are necessary to prevent the recurrence of blighted and substandard conditions and otherwise to carry out the purposes of G.L. 1956, chs. 45-31—45-33, inclusive. The agency, by contractual provisions, may make any of the purchasers' or lessees' obligations, covenants, or conditions running with the land, and may provide that, upon breach thereof, the fee shall revert to the agency;

d.

Exercise all or any part of combination of the powers granted by G.L. 1956, chs. 45-31—45-33, inclusive, which are incorporated in this section by reference; and

e.

Have the power to make relocation payments to transients or eligible individuals, families, and business concerns for moving expenses and losses of property resulting from their displacement by any redevelopment project undertaken pursuant to the provisions of G.L. 1956, chs. 45-31—45-33, inclusive, subject to the conditions as stated in G.L. 1956, § 45-31-26.

(b)

Nothing contained in this chapter authorizes the agency to construct any new buildings for residential, commercial, industrial, or other uses contemplated by the redevelopment plan.

(c)

Nothing contained in this chapter authorizes the agency to retain for a period in excess of five years from the date of acquisition, or within another additional period of time that the legislative body fixes as reasonable, the fee or any estate or interest in it to any building, structure, or other improvement, not demolished or otherwise removed, which has been acquired by the agency in accordance with the redevelopment plan.

(Ord. of 1-22-2003(1), § 19.6)

Sec. 19-42. - Designation of redevelopment area.#

The town council shall be authorized to designate by ordinance one or more areas within the community as a redevelopment area or areas in accordance with the provisions of G.L. 1956, § 45-32-4 which is incorporated in this section by reference.

(Ord. of 1-22-2003(1), § 19.7)

Sec. 19-43. - Property acquisition through eminent domain.#

The agency shall have the power to acquire property by eminent domain pursuant to G.L. 1956, §§ 45-32-24—45-32-41 which are incorporated in this section by reference. The necessity for the acquisition of property shall be conclusively presumed upon the adoption by the agency of a resolution which shall: (1)

Contain a description of the real property or any estate or interest therein sufficient in detail to permit an identification thereof.

(2)

Declare that the acquisition of the real property or any estate or interest therein is in the public interest and necessary for the public use.

(3)

State that the real property or any estate or interest therein is included in an approved redevelopment project.

(Ord. of 1-22-2003(1), § 19.8.1)

Sec. 19-44. - Filing in land evidence.#

(a)

Within six months of the adoption of the resolution, the agency shall file in the land evidence records for where the real property is located:

(1)

A copy of the resolution.

(2)

A plat showing the real property taken or affected.

(3)

A declaration that the property is taken pursuant to the provisions of G.L. 1956, chs. 45-31—45-33, inclusive, and indicating the nature and extent of the property taken.

(b)

After filing a copy of the resolution, plat, and declaration, the agency shall file in the superior court a statement of the sum of money estimated by the agency to be just compensation for the property taken, and shall deposit the sum in the superior court for use of the entitled persons.

(c)

After the filing of the resolution, plat, and declaration, the secretary of the agency shall have a copy of the resolution and declaration published in the newspaper.

(d)

All real property acquired by an agency for redevelopment purposes shall be subject to taxation in the same manner and at the same rate as other real property in the community, except as may be exempted by a vote of the town council at a duly posted meeting.

(Ord. of 1-22-2003(1), § 19.8.2)

Sec. 19-45. - District boundaries.#

Redevelopment district boundaries are to be determined by the redevelopment agency.

(Ord. of 1-22-2003(1), § 19.9)

Sec. 19-46. - Bylaws, rules, and regulations.#

The redevelopment agency has the power to make, amend, and repeal bylaws, rules, and regulations for the purposes of carrying out redevelopment goals within the defined districts.

(Ord. of 1-22-2003(1), § 19.10)

Sec. 19-47. - Power to regulate development.#

The redevelopment agency is authorized to regulate development within the district subject to a redevelopment plan. The redevelopment agency is authorized to regulate all improvements within the district including the construction, reconstruction, alteration, repair, demolition, removal, rehabilitation of the exterior of new and existing commercial, industrial and residential buildings and appurtenances within the district which requires building permits or other approvals from the town. Within the district, the redevelopment agency shall have the authority for all development and/or site plan review. Such review shall take the place of the planning board for development plan or site plan review within the district under this section.

(Ord. of 1-22-2003(1), § 19.11.1)

Sec. 19-48. - Adoption of rules and standards.#

(a)

Adoption of rules. The redevelopment agency shall adopt and publish all rules necessary to carry out its function.

(b)

Adoption of standards. The redevelopment agency is authorized to adopt regulations specifying parking, loading, signage, landscaping and other standards consistent with this chapter.

(Ord. of 1-22-2003(1), §§ 19.11.2, 19.11.3)

Sec. 19-49. - Waivers; public hearing.#

(a)

Where specifically authorized the redevelopment agency may grant waivers to the design and dimensional regulations promulgated pursuant to this chapter so long as such waivers carry out the purpose of a redevelopment district. Waivers will be permitted to regulations governing design standards for projects including but not limited to parking, landscaping, new construction and building setbacks.

(b)

The redevelopment agency shall hold a public hearing on any request for a waiver.

(Ord. of 1-22-2003(1), §§ 19.11.4, 19.11.6)

Sec. 19-50. - Zoning board of review.#

The redevelopment agency may advise the zoning board of review on all requests for variances and special use permits authorized in the district. The redevelopment agency may also provide comments to the planning board and the town council on all proposed amendments to the comprehensive plan and all subdivision and/or or land development reviews regarding redevelopment districts.

(Ord. of 1-22-2003(1), § 19.11.5)

Sec. 19-51. - Record.#

The redevelopment agency shall keep a record of all proceedings, findings, decisions and actions and such record shall be open to the public. All decisions evidencing the granting of a waiver shall be recorded by the applicant in the land evidence records. No permit shall be issued until such recording. Failure to record the decision within 60 days shall cause such decision automatically to become null and void.

(Ord. of 1-22-2003(1), § 19.11.7)

Sec. 19-52. - Design approval.#

(a)

Application. Before any property owner applies for a building permit or commences any improvements on public or private land including the construction, reconstruction, alteration, repair, demolition, removal and/or rehabilitation of the exterior of new and existing buildings, or appurtenances requiring a building permit or other town approvals (paving, curb cuts, parking areas, drainage, etc.) within a redevelopment district, a written application for such work and appropriate development plans shall be submitted to the town planner who shall forward such application to the redevelopment agency.

(b)

Form. An application form shall be developed by the redevelopment agency and shall include all information which is reasonably necessary to evaluate the proposed work.

(c)

Review. The redevelopment agency shall review all applications for new construction, major additions, moving of structures and demolitions of buildings. Such review shall be held during a regular meeting of the redevelopment agency and open to the public, for which advance written notice has been given to the applicant, property owner, and abutting property owners. A determination shall be made within 30 business days (and can be extended to 90 days) of receipt of a complete application.

(d)

Approval, approval with conditions, denial. The redevelopment agency shall be authorized to approve, approve with conditions or deny an application for design approval. Approval shall be based upon conformance with the regulations and standards adopted by the redevelopment agency. The redevelopment agency shall place on the record its reasons and conditions for approval or denial of the application.

(e)

Request for comment. In order to assist in its review of plans, the redevelopment agency may request other agencies and boards to review and comment on proposals.

(Ord. of 1-22-2003(1), § 19.12)

Sec. 19-53. - Conduct of business.#

(a)

Public meetings. All meetings of the agency shall be open to the public.

(b)

Public record. The agency shall keep a record, which shall be open to public view, of its resolutions, proceedings, findings, decisions, and actions.

(c)

Notice. The agency shall provide notice of its meetings and comply in all respects with the requirements of the open meetings law.

(d)

Opportunity to be heard. Any interested person or his duly constituted representative, shall have an opportunity to appear and be heard on any matter before the agency reaches a decision.

(Ord. of 1-22-2003(1), § 19.13.1)

Sec. 19-54. - Periodic reports.#

It is the duty of the agency to file with the town council a detailed report of all its transactions, including a statement of all revenues and expenditures.

(Ord. of 1-22-2003(1), § 19.13.2)

Secs. 19-55—19-80. - Reserved.#

ARTICLE III. - STILLWATER REDEVELOPMENT AREA#

Sec. 19-81. - Area boundaries.#

The redevelopment area comprises 20 assessor's lots totaling 945,247.64 square feet or 21.70 acres in the Village of Harrisville, Town of Burrillville, Rhode Island. The redevelopment area is bounded to the north by East Avenue, to the south and west by Harrisville Main Street and Central Street, and to the east by the Clear River. Table I lists the properties included in the redevelopment area.

TABLE I. REDEVELOPMENT AREA LOTS Map Lot Lot Size (SF)

160 077 14,614.38

160 078 6,098.40

160 079 24,633.18

160 080 108,900.00

160 076 38,332.80

160 075 32,974.92

160 074 32,887.80

160 073 8,712.00

160 072 6,098.40

160 071 8,712.00

160 070 9,583.20

160 069 108,900.00

160 068 12,196.80

160 067 11,325.60

160 066 31,363.20

160 065 141,134.40

160 064 16,988.40

160 063 48,155.58

160 062 189,307.40

160 204 94,329.18

_____

20 lots 945,247.64

(Ord. of 6-30-2004(1))

Sec. 19-82. - Forwarding of plan to town council; name of district.#

The Burrillville Redevelopment Agency has forwarded to the town council the Stillwater Redevelopment District Redevelopment Plan which encompasses an area comprised of 20 assessor's lots totaling 945,247.64 square feet or 21.70 acres in the Village of Harrisville, Rhode Island. The project area is bounded to the north by East Avenue, to the south and west by Harrisville Main Street and Central Street, and to the east by the Clear River. The area shall be known as the Stillwater Redevelopment District or the Stillwater Redevelopment Area.

(Ord. of 6-30-2004(2), § 1)

Sec. 19-83. - Findings by town council.#

The town council hereby expressly finds that the Stillwater Redevelopment District suffers from blighted and substandard conditions and requires clearance, replanning, redevelopment, rehabilitations, improvement or a combination of these remedies.

(Ord. of 6-30-2004(2), § 2)

Sec. 19-84. - Purpose of town council; plan incorporated by reference.#

The purpose and intent of the Burrillville Town Council is that the Stillwater Redevelopment District be redeveloped in accordance with and pursuant to the Stillwater Redevelopment District Redevelopment Plan, (Stillwater Redevelopment Plan) which is hereby incorporated by reference.

(Ord. of 6-30-2004(2), § 3)

Sec. 19-85. - Determination that plan is feasible and conforms to comprehensive plan.#

The Burrillville Town Council hereby determines that the Stillwater Redevelopment Plan is feasible and conforms to the Comprehensive Plan for the Town of Burrillville and if carried out will promote the public health, safety, morals and welfare of the community, and would effectuate the purposes of G.L. chs. 45-31 through 45-33.

(Ord. of 6-30-2004(2), § 4)

Sec. 19-86. - Appropriation.#

The Burrillville Town Council has provided for an appropriation for the purposes of carrying out the Stillwater Redevelopment Plan.

(Ord. of 6-30-2004(2), § 5)

Sec. 19-87. - New access and circulation roads.#

The Stillwater Redevelopment Plan envisions the construction of new access and circulation roads to support proposed private and public investment and uses called for under the plan, and it is the intent of the town council to institute any proceedings necessary to assist in the establishment and construction of access and circulation roads necessary to effectuate the Stillwater Redevelopment Plan.

(Ord. of 6-30-2004(2), § 6)

Sec. 19-88. - Power of eminent domain, condemnation.#

The Stillwater Redevelopment Plan does not identify specific properties to be condemned although the Burrillville Redevelopment Agency does have the power of eminent domain to be used as a last resort when negotiation for acquisition of property deemed important to the successful execution of the Stillwater Mill Redevelopment Plan is unsuccessful. The Burrillville Redevelopment Agency shall not exercise its power of condemnation within the Stillwater Redevelopment District unless it has identified and set aside the amount of appraised value of the property to be condemned.

(Ord. of 6-30-2004(2), § 7)

Sec. 19-89. - Power of redevelopment agency to retain controls, restrictions, covenants.#

The Stillwater Redevelopment Plan provides that the Burrillville Redevelopment Agency may retain controls and establish restrictions and covenants which may run with real property sold, leased or otherwise disposed of for private or public use.

(Ord. of 6-30-2004(2), § 8)

Sec. 19-90. - Plan designated as approved plan for Stillwater Redevelopment Area.#

The Stillwater Redevelopment District Redevelopment Plan which is incorporated herein by reference is hereby designated as the approved plan for the Stillwater Redevelopment Area.

(Ord. of 6-30-2004(2), § 9)

Secs. 19-91—19-110. - Reserved.#

ARTICLE IV. - DOWNTOWN PASCOAG REDEVELOPMENT AREA#

Sec. 19-111. - Area boundaries.#

The redevelopment area comprises assessor's lots as set forth in Exhibit A attached hereto and made a part hereof as if fully set forth herein, in the Village of Pascoag, Town of Burrillville, Rhode Island. The redevelopment area is located within the following boundaries: (1)

Beginning at the intersection of Reservoir Road and South Main Street and running north, including properties on the eastern side of the road, to the intersection of South Main Street and High Street;

(2)

Traversing north and east to include all the properties facing Pascoag Main Street, and Nahant Place;

(3)

Crossing over to include properties along the westerly side of Spring Street, to the intersection of Pascoag Main Street and North Main Street;

(4)

Including commercial properties along the western side of North Main Street, and then running south along the Pascoag River (Clear River) to include properties facing Bridge Way and Park Place;

(5)

Including parcels facing Sayles Avenue, from Bridge Way to Pascoag Main Street, and High Street to the intersection of Church Street;

(6)

Following the eastern shore of the Clear River Reservoir; and traversing east to include the property at the corner of Reservoir Road and South Main Street.

EXHIBIT A Map/Lot

192/120

192/034

192/033

192/032

192/031

175/027

175/026

175/025

175/032

175/024

175/071

175/072

Map/Lot

175/073

175/074

175/076

175/075

175/023

175/022

175/021

175/077

175/078

175/079

175/069

175/096

175/095

175/094

175/081

175/093

192/038

192/036

192/037

192/039

174/081

174/082

174/080

174/079

192/017

175/034

174/116

175/031

192/030

175/046

175/048

175/035

175/045

175/047

175/049

175/050

175/060

175/037

175/038

175/044

175/030

175/043

175/039

175/042

175/041

175/040

175/061

175/062

175/063

175/059

175/064

175/070

174/117

175/029

175/028

175/019

158/072

175/020

175/080

192/021

191/114

192/019

192/018

192/024

192/026

192/023

192/022

192/025

192/035

(Ord. of 7-26-2006(1))

Sec. 19-112. - Forwarding of plan to town council; name of district.#

(a)

The Burrillville Redevelopment Agency has forwarded to the town council the Downtown Pascoag Redevelopment Plan which encompasses an area comprised of assessor's lots as set forth in section 19-111, in the Village of Pascoag, Rhode Island.

(b)

The redevelopment area is located within the following boundaries:

(1)

Beginning at the intersection of Reservoir Road and South Main Street and running north, including properties on the eastern side of the road, to the intersection of South Main Street and High Street;

(2)

Traversing north and east to include all the properties facing Pascoag Main Street, and Nahant Place;

(3)

Crossing over to include properties along the westerly side of Spring Street, to the intersection of Pascoag Main Street and North Main Street;

(4)

Including commercial properties along the western side of North Main Street, and then running south along the Pascoag River (Clear River) to include properties facing Bridge Way and Park Place;

(5)

Including parcels facing Sayles Avenue, from Bridge Way to Pascoag Main Street, and High Street to the intersection of Church Street;

(6)

Following the eastern shore of the Clear River Reservoir; and traversing east to include the property at the corner of Reservoir Road and South Main Street.

(c)

The area shall be known as the Downtown Pascoag Redevelopment District or the Downtown Pascoag Redevelopment Area.

(Ord. of 7-26-2006(2), § 1)

Sec. 19-113. - Findings of town council.#

The town council hereby expressly finds that the Downtown Pascoag Redevelopment District suffers from blighted and substandard conditions and requires clearance, replanning, redevelopment, rehabilitations, improvement or a combination of these remedies.

(Ord. of 7-26-2006(2), § 2)

Sec. 19-114. - Purpose of town council; plan incorporated by reference.#

The purpose and intent of the Burrillville Town Council is that the Downtown Pascoag Redevelopment District be redeveloped in accordance with and pursuant to the Downtown Pascoag Redevelopment Plan, which is hereby incorporated by reference.

(Ord. of 7-26-2006(2), § 3)

Sec. 19-115. - Determination that plan is feasible and conforms to comprehensive plan.#

The Burrillville Town Council hereby determines that the Downtown Pascoag Redevelopment Plan is feasible and conforms to the Comprehensive Plan for the Town of Burrillville and if carried out will promote the public health, safety, morals and welfare of the community, and would effectuate the purposes of G.L. chs. 45-31 through 45-33.

(Ord. of 7-26-2006(2), § 4)

Sec. 19-116. - Appropriation.#

The Burrillville Town Council has provided for an appropriation for the purposes of carrying out the Downtown Pascoag Redevelopment Plan.

(Ord. of 7-26-2006(2), § 5)

Sec. 19-117. - Reconstruction, construction, improvement of infrastructure.#

The Downtown Pascoag Redevelopment Plan envisions the reconstruction, construction and improvement of infrastructure including roadways and utilities to support proposed private and public investment and uses called for under the plan and it is the intent of the town council to institute any proceedings necessary to assist in improvement of said infrastructure necessary to effectuate the Downtown Pascoag Redevelopment Plan.

(Ord. of 7-26-2006(2), § 6)

Sec. 19-118. - Power of condemnation.#

The Burrillville Redevelopment Agency shall not exercise its power of condemnation within the Downtown Pascoag Redevelopment District unless it has identified and set aside the amount of appraised value of the property to be condemned.

(Ord. of 7-26-2006(2), § 7)

Sec. 19-119. - Power of redevelopment agency to retain controls, restrictions, covenants.#

The Downtown Pascoag Redevelopment Plan provides that the Burrillville Redevelopment Agency may retain controls and establish restrictions and covenants which may run with real property sold, leased or otherwise disposed of for private or public use.

(Ord. of 7-26-2006(2), § 8)

Sec. 19-120. - Plan designated as approved plan for Pascoag Redevelopment Area.#

The First Amendment to the Downtown Pascoag Redevelopment Plan, a copy of which is on file in the office of the town clerk and which is incorporated herein by reference, is hereby designated as the approved plan for the Downtown Pascoag Redevelopment Area.

(Ord. of 7-26-2006(2), § 9; Ord. of 6-9-2010(2))

Secs. 19-121—19-130. - Reserved.#

ARTICLE V. - NASONVILLE REDEVELOPMENT AREA#

Sec. 19-131. - Area boundaries.#

The Redevelopment area comprises 76 assessor's lots totaling 340 +/- acres in the Village of Nasonville, Town of Burrillville, Rhode Island. The redevelopment area is bounded to the north by Broncos Highway, to the south Walling Road and Gig Road, to the west by parcels located along Victory Highway and to the east by the Town Line with North Smithfield. The area shall be known as the Nasonville Redevelopment District or Nasonville Redevelopment Area.

Table I lists the properties included in the redevelopment area.

TABLE I. REDEVELOPMENT AREA LOTS Map/Lot Land Area in Acres

114/016 5.42

114/017 0.81

114/019 1.958

114/020 0.29

114/021 0.44

114/022 3.698

114/023 0.54

114/024 8.45

114/025 1.018

114/026 0.42

114/027 8.47

114/028 0.28

114/029 0.09

114/030 0.25

114/031 0.27

114/032 0.876

114/033 0.2

114/034 3.898

114/036 0.44

114/037 1.178

114/038 0.79

114/039 1.088

114/040 0.928

114/041 0.57

114/042 0.68

114/043 0.896

114/044 2.919

114/045 1.97

114/047 0.33

114/048 0.14

114/049 0.3

114/050 0.05

114/051 1.03

114/052 0.656

114/053 0.22

114/054 0.25

114/057 2.995

114/058 3.036

114/059 3.125

114/060 4.745

114/061 0.069

114/009 4.25

114/010 3.69

114/011 1.55

114/012 11.481

114/013 1.44

131/045 2.9

131/044 0.82

131/043 0.51

131/042 0.4

131/007 25.623

131/041 1.958

131/040 0.683

131/039 0.11

131/038 1.348

131/037 0.17

131/035 0.57

131/034 0.51

131/036 22.02

131/031 0.918

131/030 2.718

131/029 1.278

131/046 0.36

115/001 1.23

115/002 12.745

115/004 1.75

115/005 1.498

115/006 0.57

115/008 2.05

115/009 1.728

115/011 4.73

115/010 0.62

113/012 21.918

113/043 16.465

130/014 1.888

130/015 0.948

(Ord. of 10-11-2023(1); Ord. of 10-11-2023(2), § 1)

Sec. 19-132. - Findings of town council.#

The town council hereby expressly finds that the Nasonville Redevelopment District suffers from blighted and substandard conditions and requires clearance, re-planning, redevelopment, rehabilitations, improvement or a combination of these remedies.

(Ord. of 10-11-2023(2), § 2)

Sec. 19-133. - Purpose of town council; plan incorporated by reference.#

The purpose and intent of the Burrillville Town Council is that the Nasonville Redevelopment District be redeveloped in accordance with and pursuant to the Nasonville Redevelopment Plan, which is hereby incorporated by reference.

(Ord. of 10-11-2023(2), § 3)

Sec. 19-134. - Determination that plan is feasible and conforms to comprehensive plan.#

The Burrillville Town Council hereby determines that the Nasonville Redevelopment Plan is feasible and conforms to the Comprehensive Plan for the Town of Burrillville and if carried out will promote public health, safety, morals and welfare of the community , and would effectuate the purposes of G.L. 1956, § 45-31 through 33.

(Ord. of 10-11-2023(2), § 4)

Sec. 19-135. - Appropriation.#

The Burrillville Town Council has provided for an appropriation for the purposes of carrying out the Nasonville Redevelopment Plan.

(Ord. of 10-11-2023(2), § 5)

Sec. 19-136. - Reconstruction, construction, improvement of infrastructure.#

The Nasonville Redevelopment Plan envisions the reconstruction, construction and improvement of infrastructure including roadways and utilities to support proposed private and public investment and uses called for under the plan and it is the intent of the Town Council to institute any proceedings necessary to assist in improvement of said infrastructure necessary to effectuate the Nasonville Redevelopment Plan.

(Ord. of 10-11-2023(2), § 6)

Sec. 19-137. - Power of condemnation.#

The Burrillville Redevelopment Agency shall not exercise its power of condemnation within the Nasonville Redevelopment District unless it has identified and set aside the amount of appraised value of the property to be condemned.

(Ord. of 10-11-2023(2), § 7)

Sec. 19-138. - Power of redevelopment agency to retain controls, restrictions, covenants.#

The Nasonville Redevelopment Plan provides that the Burrillville Redevelopment Agency may retain controls and establish restrictions and covenants which may run with real property sold, leased or otherwise disposed of for private or public use.

(Ord. of 10-11-2023(2), § 8)

Sec. 19-139. - Plan designated as approved plan for Nasonville Redevelopment Area.#

The Nasonville Redevelopment Plan which is incorporated herein by reference is hereby designated as the approved plan for the Nasonville Redevelopment Area.

(Ord. of 10-11-2023(2), § 9)