§ 970-H — Public hearings and plan adoption

New York § 970-H

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 18-C: Municipal Redevelopment Law

Text

§ 970-h. Public hearings and plan adoption. (a) Before any\nredevelopment plan is adopted by the legislative body it shall conduct a\npublic hearing on such plan and shall, at least biennially, conduct a\npublic hearing for the purpose of reviewing the redevelopment plan for\neach redevelopment project within its jurisdiction and evaluating its\nprogress.\n (b) Notice of the hearing shall be posted in at least four prominent\nplaces within the project area for a period of three weeks prior to such\nhearing and shall be published not less than once a week for three\nsuccessive weeks prior to the hearing in a newspaper of general\ncirculation in the municipality involved. The notice of hearing shall\ninclude a legal description of the boundaries of the project area\ndesignated in the proposed redevelopment plan, a general statement of\nthe scope and objectives of the plan, and a statement whether the\nproposed method of financing the redevelopment plan requires the consent\nof one or more school districts to an allocation of taxes as prescribed\nin section nine hundred seventy-p of this article. A copy of the notices\nshall be mailed to the last known owner of each parcel of land in the\narea designated in the redevelopment plan. A copy of the notice shall\nalso be mailed to the legislative body of each of the taxing\njurisdictions which levies taxes upon any real property in the project\narea designated in the proposed redevelopment plan.\n (c) Any and all persons who have any objections to the proposed\nredevelopment plan or who deny the existence of blight as defined by\nsubdivision (a) of section nine hundred seventy-c of this article, in\nthe proposed project area, or the legality or appropriateness of any of\nthe prior proceedings, may appear before the legislative body at such\npublic hearing and show cause why the proposed plan should not be\nadopted. At any time not later than the hour set for hearing objections\nto the proposed redevelopment plan, any person may file in writing with\nthe clerk of the legislative body a statement of such person's\nobjections to the proposed plan.\n (d) At the hour set in the notice for hearing objections, the\nlegislative body shall proceed to hear and consider all written and oral\nobjections. Before adopting the redevelopment plan the legislative body\nshall consider the report of the planning agency if such a report has\nbeen submitted.\n (e) After such hearing and at any time prior to the adoption of the\nplan, the legislative body may change such plan, or change the\nboundaries of the project area to exclude land from the project area\nprovided, however, that a change in the redevelopment plan or change in\nthe boundaries that would affect the plan's conformity with the master\nplan of the municipality may be made only after receipt of a report and\nrecommendation from the planning agency concerning such changes. The\nplanning agency may recommend for or against the changes. Within thirty\ndays after a change is submitted to it for consideration the planning\nagency shall make and file its report and recommendations with the\nlegislative body. If the planning agency does not report upon the change\nwithin thirty days after having received such change from the\nlegislative body, the legislative body may proceed to act upon the plan\nand such changes without the report of the planning agency. The\nlegislative body shall consider any proposed changes at a public hearing\nreopened for that limited purpose.\n (f) After the close of the hearing on the redevelopment plan the\nlegislative body may, by resolution, adopt the redevelopment plan as the\nofficial redevelopment plan for the project area. If the planning agency\nhas recommended against the approval of the redevelopment plan, the\nlegislative body may adopt such plan by a two-thirds vote of its entire\nmembership. If the planning agency has recommended approval or failed to\nmake any recommendation within the time allowed, the legislative body\nmay adopt the redevelopment plan by a majority vote of its entire\nmembership.\n (g) The legislative body at the time of, or in connection with, the\nadoption of the plan, shall declare its intention to undertake and\ncomplete any proceedings necessary to be carried out by the municipality\nunder the provisions of the plan.\n (h) After the adoption by the legislative body of a redevelopment\nplan, the legislative body shall transmit a copy of the resolution\nadopting the plan, and a map or plat indicating the boundaries of the\nproject area to the official or officials responsible for the assessment\nfor real property tax purposes of the property included in the project\narea.\n