[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.
AGENCY
A redevelopment agency created by this chapter and authorized by R.I.G.L. Title 45, Chapters 31 through 33.
ARRESTED BLIGHTED AREA
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.
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 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.
BONDS OF AGENCY
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.
COMMUNITY
The Town of Lincoln, or a village or neighborhood contained therein.
DETERIORATED BLIGHTED AREA
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.
FEDERAL GOVERNMENT
The United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
OBLIGEE OF THE AGENCY or OBLIGEE
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.
PLANNING BOARD
A town board established under any state law or created by or pursuant to the charter of the community.
PROJECT AREA
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.
PUBLIC HEARING
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.
REAL PROPERTY
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.
REDEVELOPMENT
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.
REDEVELOPMENT AREA and REDEVELOPMENT DISTRICT
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.
REDEVELOPMENT PLAN
A plan, as it exists from time to time, for a redevelopment project, which:
A. 
Conforms to the Comprehensive Plan for the community as a whole; and
B. 
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.
REDEVELOPMENT PROJECT
Any work or undertaking of an agency pursuant to Chapters 31 through 33, inclusive, of Title 45 of the R.I.G.L.
SLUM BLIGHTED AREA
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.
STATE GOVERNMENT
The state of Rhode Island, or any agency or instrumentality, corporate or otherwise.
STATE PUBLIC BODY
The state, or any city or town or any other subdivision or public body of the state or of any city or town.
TOWN COUNCIL
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.