[HISTORY: Adopted by the Town Council of
the Town of Lincoln 8-21-2007 by Ord. No. 07-06a. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 260.
A.
Rhode Island General Laws §§ 45-31
through 45-33, inclusive, authorizes the establishment of a Redevelopment
Agency for the purposes of the elimination and prevention of blighted
and substandard areas and their replacement through redevelopment
by well-planned, integrated, stable, safe, and healthful neighborhoods.
B.
The Town Council finds that there exists blighted
and substandard areas within the Town of Lincoln and that these areas
constitute a serious and growing menace which is injurious and inimical
to the public health, safety, morals, and welfare of the people of
the Town of Lincoln and of the people of the State of Rhode Island
generally.
C.
The Town Council adopts the findings of the Rhode
Island Legislature as to the detrimental effects of such blighted
areas, as outlined in R.I.G.L §§ 45-31-2 through 45-31-6.
D.
The Town of Lincoln, through its Town Council, finds
that there is the need for such a Redevelopment Agency to function
in the Town to eliminate and prevent the existence of such blighted
areas, including the Lonsdale Bleachery complex location, in order
to facilitate redevelopment in such areas in accordance with the goals
set forth in R.I.G.L. §§ 45-31 through 45-33 and any
redevelopment plans or studies of specific enforcement areas to be
serviced by the Redevelopment Agency.
E.
This chapter shall serve as proof of the establishment
and authorization of the Lincoln Redevelopment Agency (herein "Agency")
which shall be comprised of a variety of professionals who have expertise
in this type of real estate development. This agency shall transact
business and exercise its powers, as provided by §§ 45-31
through 45-33 of the Rhode Island General Laws.
The purpose of the Agency is to encourage, direct,
and regulate new development and redevelopment and to carry out the
purposes of Title 45, Chapters 31 through 33, inclusive, of the Rhode
Island General Laws.
The following definitions pertain to this chapter
and its associated documents.
A redevelopment agency created by this chapter and authorized
by R.I.G.L. Title 45, Chapters 31 through 33.
Any area which, 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 same 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.
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 the presence of hazardous materials, as defined in R.I.G.L.
§ 23-19.14-3, impairs the use, reuse, or redevelopment of
impacted sites.
Any bonds, notes, interim certificates, debentures, or other
obligations issued by an agency pursuant to R.I.G.L. §§ 45-33-5
through 45-33-15.
The Town of Lincoln, or a village or neighborhood contained
therein.
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, which by reason
of dilapidation, deterioration, age, or obsolescence; inadequate provision
for ventilation, light, sanitation, open spaces, and recreation facilities;
high density of population and overcrowding; defective design or unsanitary
or unsafe character of conditions of physical construction; defective
or inadequate street and lot layout; and 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 this section, 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.
The United States of America or any agency or instrumentality,
corporate or otherwise, of the United States of America.
Includes 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.
A town board established under any state law or created by
or pursuant to the charter of the community.
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, 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.
A hearing before the Town Council or before any committee
of the Town Council to which the matter to be heard shall have been
referred.
Lands, including lands underwater and waterfront property,
buildings, structures, fixtures, and improvements thereon, 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 such liens.
The elimination and prevention of the spread of blighted
and substandard areas. Redevelopment may include the planning, replanning,
acquisition, rehabilitation, improvement, clearance, sale, lease,
or other disposition, residential, recreational, commercial, industrial,
institutional, public, or other purposes, including the provision
of streets, utilities, recreational areas, and other open spaces consistent
with the needs of sound community growth in accordance with the community's
Comprehensive Plan and carrying out plans for a program of voluntary
repair and rehabilitation of buildings or other improvements.
Any area of a community which the Town Council thereof finds
is a blighted and substandard area whose redevelopment is necessary
to effectuate the public purposes declared in R.I.G.L. Title 45, Chapters
31 through 33.
A plan, as it exists from time to time, for a redevelopment
project, which:
Conforms to the Comprehensive Plan for the community
as a whole; and
Is sufficiently complete to indicate such 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 relationships
to definite local objectives, respecting appropriate land uses, improved
traffic, public transportation, public utilities, recreational and
community facilities, and other public improvements.
Any work or undertaking of an agency pursuant to Chapters
31 through 33, inclusive, of Title 45 of the R.I.G.L.
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 dilapidation, deterioration, age, or obsolescence; inadequate
provisions for ventilation, light, sanitation, open spaces, and recreation
facilities; high density of population and overcrowding; defective
design or unsanitary or unsafe character or condition of physical
construction; defective or inadequate street and lot layout; and 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 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 predominate and injuriously affect
the entire area.
The state of Rhode Island, or any agency or instrumentality,
corporate or otherwise.
The state, or any city or town or any other subdivision or
public body of the state or of any city or town.
The Town Council of the Town of Lincoln.
The Agency shall have a membership, organization,
and powers as provided below.
A.
Membership and appointment.
(1)
The appointment of members and rules governing the
tenure and officers of the Agency shall be those as stated in the
Rhode Island General Laws Chapter 45-31-12 through 45-31-15.
(2)
The Agency shall be comprised of seven resident electors
of the Town of Lincoln, five appointed by the President of the Town
Council, subject to the approval of the Town Council and two appointed
by the Town Administrator. No member of the agency may be an elected
officer or employee of the Town of Lincoln. The powers of the Agency
shall be vested in the members then in office. Members shall receive
their actual and necessary expenses, including travel expenses, and
may receive other compensation as the Town Council may prescribe.
(3)
The Agency members who are first appointed shall be
designated to serve for terms of one, two, three, four, and five years
respectively. Two members out of the original seven-member agency
shall be designated to serve one-year terms. Another two members out
of the original seven-member agency shall be designated to serve two-year
terms. Each remaining member of the original seven member agency shall
serve three-, four-, and five-year terms respectively. Thereafter
regular members shall be appointed as aforesaid for a term of office
of five years, except that all vacancies occurring during a term shall
be filled for the unexpired term. Four members out of the seven-member
agency shall constitute a quorum. A member shall hold office until
his or her successor has been appointed.
(4)
The Agency shall elect a chairperson and vice chairperson
from among its members. The Agency shall elect or appoint a secretary
who need not be a member of the Agency. The term of office of the
chairperson, vice chairperson, and secretary, unless otherwise prescribed
by the Town Council, shall be for the calendar year, or for that portion
remaining after each officer is designated or elected.
(5)
Meetings of the Agency shall be held monthly and at
such other times as the Agency may determine. All meetings shall be
open to the public and comply with all State of Rhode Island and Town
of Lincoln open meeting regulations, as amended. Four members shall
constitute a quorum.
B.
Qualifications of Agency members. It is preferable
that members of the agency possess qualifications in fields that will
be beneficial to the purposes of the Agency. This would include legal,
architectural, engineering, real estate, finance, construction, and
environmental fields.
C.
Interest of officers and employees in project area
properties. No officer or employee of the community or of the Agency,
who in the course of his or her duties is required to participate
in the formulation of plans or policies for the redevelopment of a
project area, or to approve those plans or policies, shall acquire
any interest in any property included within a project area within
the community. If the officer or employee owns or has any financial
interest, direct or indirect, in any property included within a project
area, he or she shall immediately disclose, in writing, the interest
to the Town Council and the disclosure shall be entered in the minutes
of the Agency and of the Town Council. Failure to disclose the interest
constitutes misconduct in office. No payment shall be made to any
member or officer of the Agency for any property or interest in property
acquired by the Agency from the member or officer, unless the amount
of the payment is fixed by court order in eminent domain proceedings
or unless the payment is unanimously approved by the Town Council.
D.
Suspension and removal of Agency members. For inefficiency,
neglect of duty, more than two unexcused absences, or misconduct in
office, a member of the Agency may be suspended by the Town Council.
A member of the Agency may be removed by the Town Council only after
he or she has been given a copy of the charges against him, which
copy shall be served on him or her at least 10 days prior to a public
hearing, and after he or she has had an opportunity to be heard in
person or by counsel, at the hearing to be held within 30 days after
the day of the suspension/removal.
E.
Resident attorneys. The Agency shall appoint, in writing,
some competent person or persons residing in this state as its resident
attorney or attorneys with authority to accept service of process
against that Agency in this state, and upon any of whom all processes
against the agency in this state may be served. The power of attorney
shall be filed in the office of the Secretary of State and state the
name and address of the resident attorney. If the resident attorney
dies, resigns, or moves from the state, the Agency shall immediately
make a new appointment as prescribed and immediately file the power
of attorney in the office of the Secretary of State. No power of attorney
shall be revoked until after a like power has been given to some other
competent resident attorney in this state and filed as prescribed.
Service of process upon the resident attorney is deemed sufficient
service upon the Agency, as long as it comports with the usual requirements
for service of process as governed by the Rules of Civil Procedure.
F.
Deactivation or substitution of Agency. At any time
after two years of the effective date of this chapter declaring that
there is need for a Redevelopment Agency to function in the community,
the Town Council, if the Agency has not redeveloped or acquired land
for, or commenced the redevelopment of, a project or entered into
any contracts for redevelopment, may, by repeal of this chapter, declare
that there is no further need for the Agency in the community. Thereupon,
the offices of the members of the Agency shall be vacated and the
capacity of the Agency to transact business or exercise any power
shall be suspended and remain suspended until the Town Council adopts
an ordinance declaring the need for the Agency to function.
G.
Engaging services of experts. The Agency may designate
a secretary and engage the services of a recorder and such other technical
services or assistance it deems necessary to carry out its responsibilities
subject to the provisions of the Town of Lincoln's Charter and ordinances.
Statutory powers of the Agency. The Agency shall
carry out any and all powers authorized by the Rhode Island General
Laws, including those listed in §§ 45-31 through 45-33,
and any and all other powers necessary and convenient to carry out
and effectuate the purposes and provisions of this chapter.
A.
Administrative appropriations. When the Agency becomes
authorized to transact business and exercise its powers upon passage
of this chapter, the Town Council may, at this time, and from time
to time thereafter, make an estimate of the amount of money required
for the administrative purposes of the Agency and may appropriate
amounts to the Agency as it deems necessary.
B.
Budgetary control of Agency. The Agency shall annually
submit to the Town Council a proposed budget of its administrative
expenses. The budget is subject to changes as the Town Council may
prescribe, and its preparation and adoption, and the adoption of any
changes in the budget, shall be subject to the same rules which are
applicable to other agencies and departments of the Town which are
subject to budgetary control. No adoption is effective unless it is
concurred in by the membership of the Town Council.
C.
Periodical reports. Each agency transacting any business
and exercising any powers shall file with the legislative body a detailed
report of all its transactions, including a statement of all revenues
and expenditures, at monthly, quarterly, or annual intervals as the
legislative body may prescribe.
