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Middletown City Zoning Code

CHAPTER 1205

URBAN RENEWAL

§ 1205.01 DEFINITIONS.

   For the purpose of this chapter, the following terms shall have the meaning ascribed to them unless a different meaning is clearly indicated by the context:
   (a)   BLIGHTED AREA. An area in which a majority of the structures is detrimental to the public health, safety, morals and general welfare, by reason of age, obsolescence, dilapidation, overcrowding, faulty arrangement, mixture of incompatible land uses, a lack of ventilation or sanitary facilities or any combination of these factors.
   (b)   DETERIORATED AREA. An area which is not a blighted area but which, because of overcrowding, mixture of incompatible land uses, faulty arrangements, or lack of maintenance and repair of the buildings therein or any combination thereof, is detrimental to the public health, safety, morals and general welfare and which will deteriorate or is in danger of deteriorating into a blighted area.
   (c)   PRELIMINARY PLAN. A plan prepared by the Planning Commission for an urban renewal area.
   (d)   PROJECT AREA. A blighted or deteriorated area for which an urban renewal plan has been prepared. A PROJECT AREA shall consist of or be located within one or more urban renewal areas.
   (e)   REDEVELOPMENT. The acquisition of property in a blighted area, the demolition of the structures thereon, the making of site improvements, including the construction or reconstruction of streets, playgrounds, parks, utilities and other public improvements and the sale of such property for use in accordance with an urban renewal plan. REDEVELOPMENT shall not include the construction by the City of any buildings except Municipal buildings.
   (f)   REDEVELOPER. Any person, firm, public agency, or corporation purchasing property within a project area for use in accordance with the urban renewal plan.
   (g)   REHABILITATION. The restoration, rehabilitation or conservation of a deteriorated or blighted area by:
      (1)   Formulating and carrying out a plan for a program of voluntary repair and rehabilitation of privately owned structures;
      (2)   The acquisition of real estate, and the demolition or removal of buildings thereon where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density or eliminate blight or incompatible land uses detrimental to the public health and welfare;
      (3)   Otherwise removing or preventing the spread of blight or deterioration;
      (4)   Construction or reconstructing necessary streets, playgrounds, utilities, parks and other public improvements; and
      (5)   Disposing, for uses in accordance with the urban renewal plan, of any property acquired. Rehabilitation shall not include the construction by the City of any buildings except Municipal buildings.
   (h)   URBAN RENEWAL. The redevelopment of a blighted area or areas or the rehabilitation of a deteriorated area or areas or a combination thereof.
   (i)   URBAN RENEWAL AREA. A plan, as it exists from time to time, for the urban renewal of a project area. The plan shall be in general conformance to the preliminary plan and recommendations of the Planning Commission for the urban renewal area or areas in which the project area is located.
(Ord. 3258, passed 12-19-1956)

§ 1205.02 LEGISLATIVE FINDING.

   (a)   It is hereby found and determined that there exist within the City blighted and deteriorated areas of the nature defined in this chapter which constitute a serious and growing menace injurious and inimicable to the public health, safety, morals and general welfare of the residents thereof, and that the existence of such areas:
      (1)   Contributes substantially and increasingly to the spread of disease and crime, and to losses by fire and accident, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection, and for other public services and facilities;
      (2)   Constitutes an economic and social liability; and
      (3)   Substantially impairs and arrests the sound growth of the community.
   (b)   In addition, it is found that this menace is beyond remedy and control solely by regulatory processes and exercise of the police power, and cannot be dealt with effectively by the ordinary operation of private enterprise without the aids herein provided, and that the elimination by the City, in whole or in part, of blighted and deteriorated areas by urban renewal as defined herein is necessary for the public welfare and is a public use and purpose for which public money may be expended and private property acquired.
(Ord. 3258, passed 12-19-1956)

§ 1205.03 URBAN RENEWAL AGENCY.

   The City Council is designated as the agency of the City for urban renewal, and the Director of Planning and Economic Development is designated as the Director of Urban Renewal. The Director of Urban Renewal, subject to the supervision of the City Manager, shall administer urban renewal projects authorized by the City.
(Ord. 3882, passed 12-12-1962)

§ 1205.04 DESIGNATED URBAN RENEWAL AREAS.

   The Planning Commission from time to time, or upon request from the Urban Renewal Agency, shall delineate urban renewal areas and prepare and certify to the Urban Renewal Agency preliminary plans and recommendations for the urban renewal of such areas. The preliminary plan shall be efficiently comprehensive to show the general features of development of the districts within which the urban renewal area lies and of other districts adjacent to the urban renewal area to such extent, content and particularity as may be necessary to show the coordination of the preliminary plan with the proposed future development of the territory surrounding the urban renewal area. The recommendation shall refer to future land use, densities, traffic regulation, and such other matters as the Commission deems advisable.
(Ord. 3258, passed 12-19-1956)

§ 1205.05 URBAN RENEWAL PLANS; PROJECT AREAS.

   The Urban Renewal Agency shall select project areas from urban renewal areas delineated and certified by the Planning Commission and shall cause the necessary studies, plans and surveys in connection with such areas to be undertaken and shall cause an urban renewal plan to be prepared covering each project area. An urban renewal plan shall include but need not be limited to the following:
   (a)   A description of the boundaries of the project area and a map showing existing land uses;
   (b)   A map showing proposed land uses in the project area after redevelopment or rehabilitation;
   (c)   A statement showing the standards of population densities, land coverage and off-street parking in the project area after redevelopment or rehabilitation;
   (d)   A statement of the proposed changes, if any, in the zoning ordinances or maps, street layouts, street levels or grades or building code requirements; and
   (e)   A statement as to the kind and number of additional public facilities or utilities which will be required in the project area after redevelopment or rehabilitation. The Director of Urban Renewal shall cause to be prepared a plan for the relocation of the families which will be displaced by the urban renewal of each project area and shall establish a relocation service to aid such families to find other suitable accommodations.
(Ord. 3258, passed 12-19-1956)

§ 1205.06 SUBMISSION OF PLAN TO PLANNING COMMISSION.

   Upon preparation of the urban renewal plan, the Urban Renewal Agency shall refer such plan to the Planning Commission for approval. The Commission shall either approve or disapprove the urban renewal plan and transmit the same to the City Council. In the event of disapproval the Commission shall state its reasons therefor.
(Ord. 3258, passed 12-19-1956)

§ 1205.07 CITY COUNCIL ACTION; PUBLIC HEARING.

   Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing on the question of the adoption of the urban renewal plan at which an opportunity shall be provided to all persons interested to be heard either in person or by counsel. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks, and the first such publication shall be made not less than 30 days before the date set for the public hearing. Such notice shall contain a description of the project area by its location in relation to highways, streets, streams or other landmarks, and shall state that maps and plats and other materials describing the urban renewal plan are available for public inspection at a place to be designated in such notice.
(Ord. 4859, passed 11-14-1968)

§ 1205.08 APPROVAL OF URBAN RENEWAL PLAN.

   After the public hearing, the City Council may approve the urban renewal plan by a majority vote, unless such plan has been disapproved by the Planning Commission, in which case it shall be approved only by a two-thirds vote of the members of the City Council. In the event that the urban renewal plan is approved, the City Council must include in its approval the following findings:
   (a)   That the area described in the urban renewal plan is a deteriorated or blighted area;
   (b)   That there is a feasible method for the temporary relocation of the families displaced from the project area and that there are or are being provided in the project area or in other areas not less desirable in regard to public utilities and public and commercial facilities, at rents and prices within the financial means of the families displaced from the project area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families, and reasonably accessible to their places of employment;
   (c)   If financial aid to be provided by the Federal government is necessary to enable the project to be undertaken in accordance with the urban renewal plan;
   (d)   That the urban renewal plan for the project area will afford maximum opportunity consistent with the sound needs of the locality as a whole for the redevelopment or rehabilitation of the project area by private enterprise; and
   (e)   That the urban renewal plan conforms to the master plan as it then exists for the overall development of the City.
(Ord. 3258, passed 12-19-1956)

§ 1205.09 ACQUISITION OF PROPERTY; DEMOLITION OF BUILDINGS; SITE IMPROVEMENTS.

   After the approval of the urban renewal plan by the City Council, the Director of Urban Renewal shall proceed to carry out the development of the project area in accordance with the urban renewal plan. The Director of Urban Renewal is hereby authorized to acquire buildings and land, to rehabilitate buildings, or sell buildings for rehabilitation, or sell land, or demolish any or all buildings in a project area, the acquisition, rehabilitation, sale or demolition of which is necessary in carrying out the Urban Renewal Plan or Neighborhood Development Program, or the Housing and Community Development Act, make site improvements, pursuant to the Urban Renewal Plan, or Neighborhood Development Program, or the Housing and Community Development Act, and do all things necessary or appropriate to carry out such acquisition of buildings or land, such rehabilitation of buildings, or such sale of buildings, or demolition of such buildings and site improvements.
(Ord. O75-20, passed 2-4-1975)

§ 1205.10 BUILDING PERMITS AFTER PLAN APPROVED.

   Following the approval by the City Council of the urban renewal plan, and for the life of such plan for a project area, no building permit shall be issued for the improvement, repair or enlargement of any existing structure within the project area, or for the construction of a new structure within the project area, without the approval in writing of the Planning Commission based upon a determination by the Commission that the proposed improvement is not inconsistent with the urban renewal plan, provided, however, that if the work for which the permit is sought is necessary for the immediate protection of the public health or safety, the Commission approval shall not be required for the issuance of the permit.
(Ord. O75-20, passed 2-4-1975)

§ 1205.11 MODIFICATION OF PLAN.

   (a)   Any person interested may petition the City Council to modify the urban renewal plan adopted for a project area. Such petition shall be in writing and shall state in detail the modification desired. Upon receipt of such petition, the City Council shall refer it to the City Planning Commission for its recommendation. The City Planning Commission shall either approve or disapprove the modification and return the petition to the City Council, together with its recommendation.
   (b)   In the event the proposed modification contemplates an extension of the project area, the City Council shall, before considering it, hold a public hearing thereon, at which an opportunity shall be provided for all persons interested to be heard, either in person or by counsel. Notice of such hearing shall be given in the manner prescribed in § 1205.07. The City Council may either approve or reject the proposed modification by a majority vote unless the modification has been disapproved by the Planning Commission, in which case it shall be approved only by a two-thirds vote of the members. If the proposed modification is adopted, it shall become a part of the urban renewal plan. In the event the City has sold or exchanged real property in the area prior to the adoption of the proposed modification and the modification directly affects any parcel so sold or exchanged, the City Council shall not change or modify the plan unless the written consent of the owner of such property has first been obtained.
(Ord. 3801, passed 4-4-1962)

§ 1205.12 FEDERAL AID AUTHORIZED.

   The Director of Urban Renewal, when required, is authorized to take all necessary administrative steps to secure Federal aid in the financing of urban renewal projects.
(Ord. 3258, passed 12-19-1956)

§ 1205.13 URBAN RENEWAL PLANS, PROJECTS OR AGENCY DEFINED.

   In every instance wherever the words “urban renewal plans, projects or agency” appear in this chapter, such words shall also mean neighborhood development programs, Housing and Community Development Act, plans, projects or agency.
(Ord. O75-20, passed 2-4-1975)