Vermont § 3207 - Preparation and approval of urban renewal projects and urban renewal plans

§ 3207. Preparation and approval of urban renewal projects and urban renewal plans

• (a) A municipality shall not approve an urban renewal project for an urban renewal area
  unless the governing body has, by resolution, determined such area to be a slum area
  or a blighted area or a combination thereof and designated such area as appropriate
  for an urban renewal project. The local governing body shall not approve an urban
  renewal plan until a general plan for the municipality has been prepared. A municipality
  shall not acquire real property for an urban renewal project unless the local governing
  body has approved the urban renewal project in accordance with subsection (d) of this
  section. (b) The municipality may itself prepare or cause to be prepared an urban renewal plan,
  or any person or agency, public or private, may submit such a plan to a municipality.
  Prior to its approval of an urban renewal project, the local governing body shall
  submit such plan to the planning commission of the municipality, if any, for review
  and recommendations as to its conformity with the general plan for the development
  of the municipality as a whole. The planning commission shall submit its written
  recommendations with respect to the proposed urban renewal plan to the local governing
  body within 30 days after receipt of the plan for review. Upon receipt of the recommendations
  of the planning commission or, if no recommendations are received within said 30 days,
  then without such recommendations, the local governing body may proceed with the hearing
  on the proposed urban renewal project prescribed by subsection (c) of this section. (c) The local governing body shall hold a public hearing on an urban renewal project,
  after public notice thereof by publication in a newspaper having a general circulation
  in the area of operation of the municipality. The notice shall describe the time,
  date, place, and purpose of the hearing, shall generally identify the urban renewal
  area covered by the plan, and shall outline the general scope of the urban renewal
  project under consideration. (d) Following such hearing, the local governing body may approve an urban renewal project
  if it finds that (1) a feasible method exists for the location of families who will
  be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations
  within their means and without undue hardship to such families; (2) the urban renewal
  plan gives due consideration to the provision of adequate park and recreational areas
  and facilities that may be desirable for neighborhood improvement, with special consideration
  for the health, safety, and welfare of children residing in the general vicinity of
  the site covered by the plan; (3) the urban renewal plan conforms to the general plan
  of the municipality as a whole; and (4) the urban renewal plan will afford maximum
  opportunity, consistent with the sound needs of the municipality as a whole, for the
  rehabilitation or redevelopment of the urban renewal area by private enterprise; provided,
  that if the urban renewal area consists of an area of open land to be acquired by
  the municipality, such area shall not be so acquired unless (A) if it is to be developed
  for residential uses, the local governing body shall determine that a shortage of
  housing of sound standards and design which is decent, safe, and sanitary exists in
  the municipality; that the need for housing accommodations has been or will be increased
  as a result of the clearance of slums in other areas, including other portions of
  the urban renewal area; that the conditions of blight in the area and the shortage
  of decent, safe, and sanitary housing cause or contribute to an increase in and spread
  of disease and crime and constitute a menace to the public health, safety, morals,
  or welfare; and the acquisition of the area for residential uses is an integral part
  of an essential to the program of the municipality; or (B) if it is to be developed
  for nonresidential uses, the local governing body shall determine that such nonresidential
  uses are necessary and appropriate to facilitate the proper growth and development
  of the community in accordance with sound planning standards and local community objectives,
  with acquisition may require the exercise of governmental action, as provided in this
  chapter, because of defective or unusual conditions of title, diversity of ownership,
  tax delinquency, improper subdivisions, outmoded street patterns, deterioration of
  site, economic disuse, unsuitable topography or faulty lot layouts, the need for the
  correlation of the area with other areas of a municipality by streets and modern traffic
  requirements, or any combination of such favors or other conditions which retard development
  of the area. (e) An urban renewal plan may be modified at any time; provided, that if modified after
  the lease or sale by the municipality of real property in the urban renewal project
  area, such modification may be conditioned upon such approval of the owner, lessee,
  or successor in interest as the municipality may deem advisable and in any event shall
  be subject to such rights at law or in equity as a lessee or purchaser, or his successor
  or successors in interest, may be entitled to assert. (f) Upon the approval by a municipality by a vote of a majority of the voters present
  and voting on the question at a regular or special meeting duly warned for that purpose
  of an urban renewal plan or of any modification thereof, such plan or modification
  shall be deemed to be in full force and effect for the respective urban renewal area
  and the municipality may then cause such plan or modification to be carried out in
  accordance with its terms. (g) Notwithstanding any other provisions of this chapter, where the local governing body
  certifies that an area is in need of redevelopment or rehabilitation as a result of
  a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which
  the government of the State has certified the need for disaster assistance under Public
  Law 875, eighty-first Congress, or other federal law, the local governing body may
  approve an urban renewal plan and an urban renewal project with respect to such area
  without regard to the provisions of subsection (d) of this section and the provisions
  of this section requiring a general plan for the municipality and a public hearing
  on the urban renewal project. (Amended 1966, No. 69 (Sp. Sess.), § 4, eff. March 14, 1966.)