The following terms, wherever used or referred to in this Article,
shall have the following meanings, unless a different meaning is clearly
indicated by the context:
BLIGHTED AREA
An area in which a majority of buildings have declined in
productivity, by reason of obsolescence, depreciation or other causes,
to an extent that they no longer justify fundamental repairs and adequate
maintenance.
BONDS
Any bonds, including refunding bonds, notes, interim certificates,
certificates of indebtedness, debentures or other obligations.
FEDERAL GOVERNMENT
Includes the United States of America or any agency or instrumentality,
corporate or otherwise, of the United States of America.
PERSON
Any individual, firm, partnership, corporation, company,
association, joint-stock association or body politic and shall include
any trustee, receiver, assignee or other person acting in similar
representative capacity.
SLUM AREA
Any area where dwellings predominate, which, by reason of
depreciation, overcrowding, faulty arrangement or design, lack of
ventilation, light or sanitary facilities or any combination of these
factors, are detrimental to the public safety, health or morals.
URBAN RENEWAL AREA
A slum area or a blighted area or a combination thereof which
the municipality designates as appropriate for an urban renewal project.
URBAN RENEWAL PLAN
A plan, as it exists from time to time, for an urban renewal
project, which plan shall be 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 urban renewal area; zoning and planning changes, if any; and
land uses, maximum density and building requirements.
URBAN RENEWAL PROJECT
Undertakings and activities of a municipality in an urban
renewal area for the elimination and for the prevention of the development
or spread of slums and blight and may involve slum clearance and redevelopment
in an urban renewal area or rehabilitation or conservation in an urban
renewal area or any combination or part thereof in accordance with
an urban renewal plan. Such undertakings and activities may include:
A.
Acquisition of a slum area or a blighted area or portion thereof.
B.
Demolition and removal of buildings and improvements.
C.
Installation, construction or reconstruction of streets, utilities,
parks, playgrounds and other improvements necessary for carrying out
in the urban renewal area the urban renewal objectives of this Article
in accordance with the urban renewal plan.
D.
Disposition of any property acquired in the urban renewal area,
including sale, initial leasing or retention by the municipality itself,
at its fair value for uses in accordance with the urban renewal plan.
E.
Carrying out plans for a program of voluntary or compulsory
repair and rehabilitation of buildings or other improvements in accordance
with the urban renewal plan.
F.
Acquisition of any other real property in the urban renewal
area where necessary to eliminate unhealthful, unsanitary or unsafe
conditions; lessen density; eliminate obsolete or other uses detrimental
to the public welfare; or otherwise to remove or prevent the spread
of blight or deterioration; or to provide land for needed public facilities.
G.
The preservation, improvement or embellishment of historic structures
or monuments.
The municipality is hereby authorized and empowered to carry
out urban renewal projects, which shall be limited to slum clearance
in slum or blighted areas and redevelopment or the rehabilitation
of slum or blighted areas; to acquire in connection with such projects,
within the corporate limits of the municipality, land and property
of every kind and any right, interest, franchise, easement or privilege
therein, including land or property and any right or interest therein
already devoted to public use, by purchase, lease, gift, condemnation
or any other legal means; and to sell, lease, convey, transfer or
otherwise dispose of any of said land or property regardless of whether
or not it has been developed, redeveloped, altered or improved and
irrespective of the manner or means in or by which it may have been
acquired, to any private, public or quasi-public corporation, partnership,
association, person or other legal entity. No land or property taken
by the municipality for any of the aforementioned purposes or in connection
with the exercise of any of the powers which by this Article are granted
to the municipality by exercising the power of eminent domain shall
be taken without just compensation, as agreed upon between the parties
or awarded by a jury, being first paid or tendered to the party entitled
to such compensation. All land or property needed or taken by the
exercise of the power of eminent domain by the municipality for any
of the aforementioned purposes or in connection with the exercise
of any of the powers granted by this Article is hereby declared to
be needed or taken for public uses and purposes. Any or all of the
activities authorized pursuant to this section shall constitute governmental
functions undertaken for public uses and purposes, and the power of
taxation may be exercised, public funds expended and public credit
extended in furtherance thereof. The municipality is hereby granted
the following additional powers which are hereby found and declared
to be necessary and proper to carry into full force and effect the
specific powers hereinbefore granted and to fully accomplish the purposes
and objects contemplated by the provisions of this section:
A. To make or have made all surveys and plans necessary to the carrying
out of the purposes of this Article and to adopt or approve, modify
and amend such plans, which plans may include but shall not be limited
to plans for carrying out a program of voluntary or compulsory repair
and rehabilitation of buildings and improvements; plans for the enforcement
of codes and regulations relating to the use of land and the use and
occupancy of buildings and improvements and to the compulsory repair,
rehabilitation, demolition or removal of buildings and improvements;
and appraisals, title searches, surveys, studies and other plans and
work necessary to prepare for the undertaking of urban renewal projects
and related activities; and to apply for, accept and utilize grants
of funds from the federal government for such purposes.
B. To prepare plans for the relocation of persons, including families,
business concerns and others, displaced from an urban renewal area
and to make relocation payments to or with respect to such persons
for moving expenses and losses of property for which reimbursement
or compensation is not otherwise made, including the making of such
payments financed by the federal government.
C. To appropriate such funds and make such expenditures as may be necessary
to carry out the purposes of this Article, including the payment or
reimbursement of reasonable actual costs incurred as a result of utility
relocations when such relocations are made necessary by an urban renewal
project after making appropriate adjustment for any improvements or
betterments to the utility's facilities made in connection with the
relocation; and to levy taxes and assessments for such purposes; to
borrow money and to apply for and accept advances, loans, grants,
contributions and any other form of financial assistance from the
federal government, the state, county or other public bodies or from
any sources, public or private, for the purposes of this Article and
to give such security as may be required therefor; and to invest any
urban renewal funds held in reserves or sinking funds or any such
funds not required for immediate disbursement in property or securities
which are legal investments for other municipal funds.
D. To hold, improve, clear or prepare for redevelopment any property
acquired in connection with urban renewal projects; to mortgage, pledge,
hypothecate or otherwise encumber such property; and to insure or
provide for the insurance of such property or operations of the municipality
against any risks or hazards, including the power to pay premiums
on any such insurance.
E. To make and execute all contracts and other instruments necessary
or convenient to the exercise of its powers under this Article, including
the power to enter into agreement with any other public bodies or
agencies, which agreements may extend over any period, notwithstanding
and provision or rule of law to the contrary, and to include in any
contract for financial assistance with the federal government for
or with respect to an urban renewal project and related activities
such conditions imposed pursuant to federal laws as the municipality
may deem reasonable and appropriate.
F. To enter into any building or property in any urban renewal area
in order to make inspections, surveys, appraisals, soundings or test
borings and to obtain an order for this purpose from the Circuit Court
for the county in which the municipality is situated in the event
entry is denied or resisted.
G. To plan, replan, install, construct, reconstruct, repair, close or
vacate streets, roads, sidewalks, public utilities, parks, playgrounds
and other public improvements in connection with an urban renewal
project and to make exceptions from building regulations.
H. To generally organize, coordinate and direct the administration of
the provisions of this Article as they apply to such municipality
in order that the objective of remedying slum and blighted areas and
preventing the causes thereof within such municipality may be most
effectively promoted and achieved.
I. To exercise all or any part or combination of powers herein granted.
The municipality may itself exercise all the powers granted
by this Article or may, if its legislative body by ordinance determines
such action to be in the public interest, elect to have such powers
exercised by a separate public body or agency as hereinafter provided.
In the event said legislative body makes such determination, it shall
proceed by ordinance to establish a public body or agency to undertake
in the municipality the activities authorized by this Article. Such
ordinance shall include provisions establishing the number of members
of such public body or agency, the manner of their appointment and
removal, the terms of said members and their compensation. The ordinance
may include such additional provisions relating to the organization
of said public body or agency as may be necessary. In the event the
legislative body enacts such an ordinance, all of the powers by this
Article granted to the municipality shall, from the effective date
of said ordinance, be vested in the public body or agency thereby
established, except:
A. The power to pass a resolution to initiate an urban renewal project pursuant to §
C13-4 of this Article.
B. The power to issue general obligation bonds pursuant to §
C13-9 of this Article.
C. The power to appropriate funds and to levy taxes and assessments pursuant to §
C13-2C of this Article.
In order to initiate an urban renewal project, the legislative
body of the municipality shall adopt a resolution which:
A. Finds that one or more slum or blighted areas exist in such municipality.
B. Locates and defines said slum or blighted areas.
C. Finds that the rehabilitation, redevelopment or a combination thereof
of such area or areas is necessary in the interest of the public health,
safety, morals or welfare of the residents of such municipality.
Condemnation of land or property under the provisions of this
Article shall be in accordance with the procedure provided in Article
33A of the Annotated Code of Maryland (1957), as amended, and acts
amendatory thereof or supplementary thereto.
The municipality, to the greatest extent it determines to be
feasible in carrying out the provisions of this Article, shall afford
maximum opportunity, consistent with the sound needs of the municipality
as a whole, to the rehabilitation or redevelopment of any urban renewal
area by private enterprise. The municipality shall give consideration
to this objective in exercising its powers under this Article.
For the purpose of financing and carrying out of an urban renewal
project and related activities, the municipality may issue and sell
its general obligation bonds. Any bonds issued by the municipality
pursuant to this section shall be issued in the manner and within
the limitations prescribed by applicable law for the issuance and
authorizations of general obligation bonds by such municipality and
also within such limitations as shall be determined by said municipality.
If any provision of this Article or the application thereof
to any person or circumstances is held invalid, the remainder of the
Article and the application of such provision to persons or circumstances,
other than those as to which it is held invalid, shall not be affected
thereby. The powers conferred by this Article shall be in addition
and supplemental to the powers conferred by any other law.