Legislation
SECTION 970-H
Public hearings and plan adoption
General Municipal (GMU) CHAPTER 24, ARTICLE 18-C
§ 970-h. Public hearings and plan adoption. (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 project area
designated in the proposed redevelopment plan, a general statement of
the scope and objectives of the plan, and a statement whether the
proposed method of financing the redevelopment plan requires the consent
of one or more school districts to an allocation of taxes as prescribed
in section nine hundred seventy-p of this article. 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 seventy-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.
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 project area
designated in the proposed redevelopment plan, a general statement of
the scope and objectives of the plan, and a statement whether the
proposed method of financing the redevelopment plan requires the consent
of one or more school districts to an allocation of taxes as prescribed
in section nine hundred seventy-p of this article. 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 seventy-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.