Louisiana § RS 33:4720.85 - Preparation and adoption of community improvement plan

§ RS 33:4720.85. Preparation and adoption of community improvement plan

A.  The parish governing authority shall not institute a community improvement plan for any area unless it has, after advice thereon by the St. Charles Parish Department of Planning and Zoning, hereafter referred to in this Chapter as "Planning and Zoning", by resolution, determined such area to be a slum or a blighted area or a combination thereof and designated such area as appropriate for a community improvement project.

B.  The parish governing authority may prepare or cause to be prepared a community improvement plan and is hereby authorized, in connection therewith, to apply for and receive planning advances from the federal government or other bodies.  Prior to adoption of the community improvement plan, the parish governing authority shall hold at least one public information meeting for the residents and property owners of the affected neighborhood to be called after proper notice given ten days prior to the date thereof in a newspaper of general circulation in the parish.  Prior to its approval of a community improvement plan, the parish governing authority shall submit such plan to Planning and Zoning for review and recommendation as to its conformity with the general plan for the development of the parish as a whole.  Planning and Zoning shall submit its written recommendations with respect to the proposed community improvement plan to the parish governing authority within forty-five days after receipt of the plan for review.  Upon receipt of the approval, disapproval, or recommendations of Planning and Zoning, or if no approval, disapproval, or recommendations are received within the said forty-five days, then the parish governing authority may proceed with the hearing on the proposed community improvement plan described in Subsection C of this Section.

C.(1)  The parish governing authority shall hold a public hearing on the community improvement plan after notice thereof has been mailed to or deposited at every place of residence and commercial establishment within said area and after public notice has been published at least fourteen days prior to the hearing in a newspaper having a general circulation in the parish.  The notice shall include the time, date, place, and purpose of the hearing, shall generally identify the area covered by the plan, and shall outline the general scope of the project under consideration.  Failure by anyone to receive such notice shall not invalidate approval of the plan.

(2)  At the hearing, the parish governing authority shall afford all interested persons and agencies an opportunity to be heard and shall receive, make known, and consider written recommendations regarding the community improvement plan.

(3)  The parish governing authority shall approve, reject, make recommendations for changes, or modify the community improvement plan as submitted.  The governing body shall not approve a community improvement plan unless it is satisfied that adequate provisions will be made to rehouse displaced families, if any, without undue hardship.

D.  Subject to the provisions of Subsection C of this Section, a community improvement plan may be modified at any time, but if it is modified after the lease or sale by the parish governing authority of real property in the redevelopment area, such modification shall be subject to such rights as a lessee or purchaser or his successor or successors in interest may be entitled to assert; however, no public hearing shall be required if the parish governing authority determines by resolution that the modification is minor in nature.

E.  Notwithstanding any other provisions of this Chapter, whenever the parish governing authority has certified that an area is in need of redevelopment or rehabilitation as a result of an act of God, fire, bombing, riot, or other catastrophe, it may approve a community improvement plan or project with respect to such area without regard to the provisions of Subsections B and C of this Section.

Acts 2004, No. 583, §1, eff. June 25, 2004.