The purpose of this article is to permit the stabilization and rebirth of an entire neighborhood where significant decay and blight have occurred. It is the intent of this section that the City and the Redevelopment Authority work with the targeted neighborhood to achieve a successful revitalization not to force a proposal onto the residents and businesses located there. Where there is an urgent need or where the blighted condition of the targeted neighborhood threatens the stability of adjoining neighborhoods, the City and Authority may impose an urban renewal area to protect the larger interests of the City as a whole.
Prior to the development of any urban redevelopment plan under § 535-228 below, the Planning Commission shall make and certify, by resolution, the following findings:
A. 
A certification that the neighborhood targeted is blighted. In finding that the area is blighted, the Commission shall consider at least the following factors:
(1) 
Unsafe, unsanitary, inadequate, or overcrowded conditions in dwellings.
(2) 
Excessive land coverage.
(3) 
Defective design or arrangement of buildings.
(4) 
Faulty street or lot layout.
(5) 
Economically or socially undesirable land uses.
(6) 
Building obsolescence.
(7) 
Other effects of inadequate planning.
B. 
A certification of the area as an urban redevelopment area. Such certification shall include the following factors:
(1) 
The certification is in conformance with the Comprehensive Plan.
(2) 
The certification references the certification of blight required above.
(3) 
For extraterritorial certifications, the Commission shall make findings that the certification is in compliance with the comprehensive plans or community objectives of both the local municipality and the county in which the area is to be certified. Absent such documents, the Commission shall find that the goals of the area are consistent with surrounding land uses, streets, and infrastructure so as to not overburden the neighborhood.
A. 
Once the Planning Commission makes the requisite preliminary findings, it shall undertake a study of the redevelopment area to ascertain exactly what factors are causing the blighting influences and outline methods to overcome those influences. The results of this study shall form an urban redevelopment plan. At a minimum, the urban redevelopment plan shall include the following:
(1) 
The elements required under Section 10(c) of the Urban Redevelopment Law.[1]
[1]
Editor's Note: See 35 P.S. § 1710(c).
(2) 
A statement on how the redevelopment will integrate into its built, social, and natural surroundings.
(3) 
Specific descriptions on the regulatory effects that proposals arising from the plan will have on the requirements of other parts of this chapter.
(4) 
A statement of goals and objectives of the plan as well as a statement of consistency with the Comprehensive Plan.
(5) 
A method of amending or appealing specific provisions of the plan and subsequent proposals.
(6) 
A definite expiration date of the plan and all proposals. In no case shall any urban redevelopment plan remain effective for longer than 20 years from the date it is initially adopted by the Planning Commission.
B. 
Upon completing the draft which will be presented for passage, the Commission shall circulate the document through the interdepartmental review procedure in Part 10 to solicit comments and recommendations from other agencies, as well as to make them aware of the plan. Such comments and recommendations may include requests from those agencies that the Commission include certain projects within the scope of the plan.
C. 
The Commission may, at its discretion, hold a public hearing on the proposed urban redevelopment plan. Notice of the hearing shall be published once in a newspaper of general circulation in the redevelopment area at least two weeks, but not more than three weeks, prior to the hearing date. The notice shall include the time, date, location, and purpose of the hearing. The Commission is hereby encouraged to hold these hearings within the geographic limits of the redevelopment area or as close as possible thereto.
D. 
The Planning Commission shall adopt the urban redevelopment plan by resolution at any regularly scheduled meeting.
A. 
Once the Planning Commission passes the urban redevelopment plan, the Redevelopment Authority shall, in conformity with the plan, prepare an urban redevelopment proposal for all or part of the redevelopment area. The proposal shall, at a minimum, include the following elements:
(1) 
The urban redevelopment plan from which the proposal is derived.
(2) 
A project narrative including the background, rationale, objectives, and goals.
(3) 
A review of similar or model projects which have achieved favorable results.
(4) 
The methodology to be used to achieve the objectives of the plan and the specific proposal.
(5) 
A statement of participants and assignment of responsibilities.
(6) 
The form of the redevelopment contract to be used to implement the proposal. The redevelopment contract shall comply with Section 11 of the Urban Redevelopment Law.[1]
[1]
Editor's Note: See 35 P.S. § 1711.
(7) 
A definite expiration date of proposal. In no case shall any urban redevelopment proposal remain effective for longer than the plan from which it is derived, nor shall any proposal run for more than 10 years.
B. 
Upon completing the draft which will be presented for passage, the Authority shall circulate the document through the interdepartmental review procedure in Part 10 to solicit comments and recommendations from other agencies as well as to make them aware of the proposal. Such comments and recommendations may include requests from those agencies that the Authority include certain projects within the scope of the plan.
C. 
Once the interdepartmental review is complete, the Authority shall consider all comments and incorporate those which are deemed appropriate into the proposal. Once this has been done, the Authority shall forward the resulting proposal document to the Planning Commission for its review and recommendation. The Commission shall have 45 days to submit its recommendations to the Authority and City Council.
D. 
The Authority may, at its discretion, hold a public hearing on the proposed urban redevelopment proposal. Notice of the hearing shall be published once in a newspaper of general circulation in the redevelopment area at least two weeks, but not more than three weeks, prior to the hearing date. The notice shall include the time, date, location, and purpose of the hearing. The Authority is hereby encouraged to hold these hearings within the geographic limits of the redevelopment area or as close as possible thereto. This hearing shall not be held until after the review period in Subsection C of this section has been completed.
E. 
The Authority shall then submit the proposal to the City Council with the Commission's recommendations for final passage.
F. 
Upon receipt of the proposal, the City Council shall schedule a public hearing on the proposal in accordance with Section 10(g) of the Urban Redevelopment Law.[2]
[2]
Editor's Note: See 35 P.S. § 1710(g).
G. 
The City Council shall reject or adopt by ordinance the urban redevelopment proposal at any regularly scheduled meeting in accordance with Section 10(h) of the Urban Redevelopment Law.[3]
[3]
Editor's Note: See 35 P.S. § 1710(h).
Upon approval of the urban redevelopment proposal by City Council, the Authority is fully authorized to carry out the proposal by any means necessary at its disposal; provided, however, that all acts shall comply with the proposal and the controlling plan promulgated through the procedures set forth above.
The provisions of a plan or proposal under this article may be altered by any one of the following three methods, unless such plan or proposal specifically provides an alternate method upon adoption:
A. 
Amendment.
(1) 
A plan may be amended by the Planning Commission by the same process by which the plan was originally adopted. No amendment shall cause the life of the plan to extend beyond 20 years from the date the plan was originally passed by the Commission. When a plan is amended, the Authority shall immediately undertake to amend any affected proposals.
(2) 
A proposal may be amended through the same process by which the proposal was originally adopted. No amendment shall cause the life of the proposal to extend beyond either the life of the plan or 10 years from the date Council originally adopted the proposal, whichever first occurs.
B. 
Appeal.
(1) 
If a specific provision is detrimental to a specific property, the owner of the property may appeal to the Altoona City Planning Commission for relief from that specific provision. The Committee shall not provide relief unless it is able to make the following findings:
(a) 
The relief requested is not contrary to the goals and objectives set forth in the urban redevelopment plan.
(b) 
The request is the minimum alteration necessary to provide relief.
(c) 
The Authority and Commission have had opportunity to review and comment on the appeal.
(d) 
The request is not in violation of the contract form approved by Council and that, if a redevelopment contract is involved, the contract can be amended without necessitating amendment of the plan or proposal.
(e) 
The request is in harmony with the surrounding built, social, and natural environment and will not be deleterious to the public safety, health, and general welfare.
(2) 
In the event that relief granted by the Committee necessitates a change in the contract, the Authority shall execute such change as expeditiously as possible.
C. 
Contract. If the alteration is simply a need to change the provisions of the redevelopment contract, the Authority is authorized to make such change, provided:
(1) 
The change will not violate the form of contract approved by Council.
(2) 
The change is not in violation of the goals and objectives of the plan or the proposal which the contract seeks to implement.
(3) 
The change is consistent with the provisions and requirements set forth in the plan and proposal the contract seeks to implement.
Upon completion of all proposed activity within any given redevelopment area, the Planning Commission shall certify the area as restored. Such certification shall serve to dissolve the certification of blight and the certification of the redevelopment area. In the event the Commission fails to make such a certification, it shall be deemed certified upon the tolling of six months after the final expiration of the controlling plan. A deemed certification shall have the same effect as one granted by the Commission. All redevelopment areas previously certified as blighted by the Commission are hereby certified as restored unless such blight certification was issued after January 1, 1997.