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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)