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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)