Section 970-H. Public hearings and plan adoption  


Latest version.
  • (a)  Before  any
      redevelopment plan is adopted by the legislative body it shall conduct a
      public hearing on such plan and shall, at least  biennially,  conduct  a
      public  hearing  for the purpose of reviewing the redevelopment plan for
      each redevelopment project within its jurisdiction  and  evaluating  its
      progress.
        (b)  Notice  of the hearing shall be posted in at least four prominent
      places within the project area for a period of three weeks prior to such
      hearing and shall be published not less  than  once  a  week  for  three
      successive  weeks  prior  to  the  hearing  in  a  newspaper  of general
      circulation in the municipality involved. The notice  of  hearing  shall
      include  a  legal  description  of  the  boundaries of the area or areas
      designated in the proposed redevelopment plan and a general statement of
      the scope and objectives of the plan. A copy of  the  notices  shall  be
      mailed  to  the  last  known  owner  of  each parcel of land in the area
      designated in the redevelopment plan.  A copy of the notice  shall  also
      be  mailed  to  the legislative body of each of the taxing jurisdictions
      which levies taxes upon any real property in the project area designated
      in the proposed redevelopment plan.
        (c) Any and all persons  who  have  any  objections  to  the  proposed
      redevelopment  plan  or  who  deny the existence of blight as defined by
      subdivision (a) of section nine hundred sixty-c of this article, in  the
      proposed  project area, or the legality or appropriateness of any of the
      prior proceedings, may appear before the legislative body at such public
      hearing and show cause why the proposed plan should not be  adopted.  At
      any  time  not  later  than  the  hour set for hearing objections to the
      proposed redevelopment plan, any person may file  in  writing  with  the
      clerk of the legislative body a statement of such person's objections to
      the proposed plan.
        (d)  At  the  hour  set  in  the  notice  for  hearing objections, the
      legislative body shall proceed to hear and consider all written and oral
      objections. Before adopting the redevelopment plan the legislative  body
      shall  consider  the  report of the planning agency if such a report has
      been submitted.
        (e) After such hearing and at any time prior to the  adoption  of  the
      plan,  the  legislative  body  may  change  such  plan,  or  change  the
      boundaries of the project area to exclude land  from  the  project  area
      provided,  however, that a change in the redevelopment plan or change in
      the boundaries that would affect the plan's conformity with  the  master
      plan  of the municipality may be made only after receipt of a report and
      recommendation from the planning agency  concerning  such  changes.  The
      planning agency may recommend for or against the changes.  Within thirty
      days  after  a  change is submitted to it for consideration the planning
      agency shall make and file  its  report  and  recommendations  with  the
      legislative body. If the planning agency does not report upon the change
      within   thirty   days  after  having  received  such  change  from  the
      legislative body, the legislative body may proceed to act upon the  plan
      and  such  changes  without  the  report  of  the  planning  agency. The
      legislative body shall consider any proposed changes at a public hearing
      reopened for that limited purpose.
        (f) After the close of the  hearing  on  the  redevelopment  plan  the
      legislative body may, by resolution, adopt the redevelopment plan as the
      official redevelopment plan for the project area. If the planning agency
      has  recommended  against  the  approval  of the redevelopment plan, the
      legislative body may adopt such plan by a two-thirds vote of its  entire
      membership. If the planning agency has recommended approval or failed to
      make  any  recommendation  within the time allowed, the legislative body
    
      may adopt the redevelopment plan  by  a  majority  vote  of  its  entire
      membership.
        (g)  The  legislative  body at the time of, or in connection with, the
      adoption of the plan, shall  declare  its  intention  to  undertake  and
      complete any proceedings necessary to be carried out by the municipality
      under the provisions of the plan.
        (h)  After  the  adoption  by  the legislative body of a redevelopment
      plan, the legislative body shall  transmit  a  copy  of  the  resolution
      adopting  the  plan,  and a map or plat indicating the boundaries of the
      project area to the official or officials responsible for the assessment
      for real property tax purposes of the property included in  the  project
      area.