§ 45-31-8. Definitions.
The following definitions and general provisions govern the construction of chapters
31 — 33 of this title:
(1) "Agency� means a redevelopment agency created by this chapter.
(2) "Arrested blighted area� means any area that, by reason of the existence of physical
conditions, including, but not by way of limitation, the existence of unsuitable soil
conditions, the existence of dumping or other unsanitary or unsafe conditions, the
existence of ledge or rock, the necessity of unduly expensive excavation, fill or
grading, or the necessity of undertaking unduly expensive measures for the drainage
of the area or for the prevention of flooding or for making the area appropriate for
sound development, or by reason of obsolete, inappropriate, or otherwise faulty platting
or subdivision, deterioration of site improvements, inadequacy of utilities, diversity
of ownership of plots, or tax delinquencies, or by reason of any combination of any
of the foregoing conditions, is unduly costly to develop soundly through the ordinary
operations of private enterprise and impairs the sound growth of the community. An
arrested blighted area need not be restricted to, or consist entirely of, lands, buildings,
or improvements that, of themselves, fall within this definition, but may consist
of an area in which these conditions exist and injuriously affect the entire area.
(3) "Blighted and substandard area� includes a "slum blighted area,� a "deteriorated blighted
area,� or an "arrested blighted area,� or any combination of these areas. "Blighted
and substandard area� shall also include those areas where hazardous materials, as
defined in § 23-19.14-3, are present, regardless of whether or not the entire area contains the hazardous
materials.
(4) "Bonds of agency� means any bonds, notes, interim certificates, debentures, or other
obligations issued by an agency pursuant to §§ 45-33-5 — 45-33-15.
(5) "Community� means a city or town.
(6) "Deteriorated blighted area� means any area in which there exists buildings or improvements,
either used, or intended to be used, for living, commercial, industrial, or other
purposes, or any combination of these uses, that by reason of:
(i) Dilapidation, deterioration, age, or obsolescence;
(ii) Inadequate provision for ventilation, light, sanitation, open spaces, and recreation
facilities;
(iii) High density of population and overcrowding;
(iv) Defective design or unsanitary or unsafe character or conditions of physical construction;
(v) Defective or inadequate street and lot layout; and
(vi) Mixed character, shifting, or deterioration of uses to which they are put, or any
combination of these factors and characteristics, are conducive to the further deterioration
and decline of the area to the point where it may become a slum blighted area as defined
in subdivision (18), and are detrimental to the public health, safety, morals, and
welfare of the inhabitants of the community and of the state generally. A deteriorated
blighted area need not be restricted to, or consist entirely of, lands, buildings,
or improvements which of themselves are detrimental or inimical to the public health,
safety, morals, or welfare, but may consist of an area in which these conditions exist
and injuriously affect the entire area.
(7) "Federal government� means the United States of America or any agency or instrumentality,
corporate or otherwise, of the United States of America.
(8) "Legislative body� means the city council or town council.
(9) "Obligee of the agency� or "obligee� include any bondholder, trustee or trustees for
any bondholder, or lessor demising to the agency property used in connection with
a redevelopment project or any assignee or assignees of that lessor, and the federal
government.
(10) "Planning commission� or "commission� means a planning commission or other planning
agency established under any state law or created by or pursuant to the charter of
the community.
(11) "Project area� means all or any portion of a redevelopment area. A project area may
include lands, buildings, or improvements which of themselves are not detrimental
or inimical to the public health, safety, morals, or welfare, or otherwise fall within
the definition of a "blighted or substandard area,� but whose inclusion is necessary,
with or without change in their conditions or ownership, for the effective redevelopment
of the area of which they are a part.
(12) "Public hearing� means a hearing before a legislative body or before any committee
of the legislative body to which the matter to be heard has been referred.
(13) "Real property� means lands, including lands underwater and waterfront property, buildings,
structures, fixtures, and improvements to the lands, and every estate, interest, privilege,
easement, franchise and right, legal or equitable, including rights of way, terms
for years and liens, charges or encumbrances by way of judgment, attachment, mortgage,
or otherwise, and the indebtedness secured by liens.
(14) "Redevelopment� means the elimination and prevention of the spread of blighted and
substandard areas. Redevelopment may include the planning, replanning, acquisition,
construction, rehabilitation, improvement, furnishing, equipping, clearance, sale,
lease, or other disposition, or any combination of these, of land, buildings, or other
improvements for residential, recreational, commercial, industrial, institutional,
public, or other purposes, including the provision of streets, utilities, recreational
areas, and other infrastructure and other open spaces consistent with the needs of
sound community growth in accordance with the community's general plan and carrying
out plans for a program of voluntary repair and rehabilitation of buildings or other
improvements, and may include such other acts within a redevelopment area permitted
pursuant to chapters 31 through 33, inclusive, of this title as determined by the
legislative body to be consistent with the purposes of chapters 31 through 33, inclusive,
of this title.
(15) "Redevelopment area� means any area of a community that its legislative body has determined
includes a blighted and substandard area whose redevelopment is necessary to effectuate
the public purposes declared in this chapter.
(16) "Redevelopment plan� means a plan, as it exists from time to time, for a redevelopment
project, that:
(i) Conforms to the general plan for the community as a whole; and
(ii) Is sufficiently complete to indicate land acquisition, demolition and removal of structures,
redevelopment, improvements, and rehabilitation as may be proposed to be carried out
in the project area, zoning and planning changes, if any, land uses, maximum densities,
building requirements, and the plan's relationship to definite local objectives, respecting
appropriate land uses, improved traffic, public transportation, public utilities,
recreational and community facilities, and other public improvements.
(17) "Redevelopment project� means any work or undertaking of an agency pursuant to chapters
31 — 33 of this title.
(18) "Slum blighted area� means any area in which there is a predominance of buildings
or improvements, either used or intended to be used for living, commercial, industrial,
or other purposes, or any combination of these uses, which by reason of: (i) Dilapidation,
deterioration, age, or obsolescence; (ii) Inadequate provision for ventilation, light,
sanitation, open spaces, and recreation facilities; (iii) High density of population
and overcrowding; (iv) Defective design or unsanitary or unsafe character or condition
of physical construction; (v) Defective or inadequate street and lot layout; and (vi)
Mixed character or shifting of uses to which they are put, or any combination of these
factors and characteristics, are conducive to ill health, transmission of disease,
infant mortality, juvenile delinquency, and crime; injuriously affect the entire area
and constitute a menace to the public health, safety, morals, and welfare of the inhabitants
of the community and of the state generally. A slum blighted area need not be restricted
to, or consist entirely of, lands, buildings, or improvements that of themselves are
detrimental or inimical to the public health, safety, morals, or welfare, but may
consist of an area in which these conditions predominate and injuriously affect the
entire area.
(19) "State government� means the state of Rhode Island, or any agency or instrumentality
of the state, corporate or otherwise.
(20) "State public body� means the state, or any city or town or any other subdivision
or public body of the state or of any city or town.