In this article the following words have the
meanings indicated:
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 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
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. It includes
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 of them 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. The plan shall be sufficiently complete to indicate whatever
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,
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 of them in accordance
with an urban renewal plan. These undertakings and activities may
include:
A.
Acquisition of a slum area or a blighted area
or portion of them;
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 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; and
G.
The preservation, improvement or embellishment
of historic structures or monuments.
The municipality has the following additional
powers. These powers are declared to be necessary and proper to carry
into full force and effect the specific powers granted in this article
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 those plans. These plans may include, but
are not limited to:
(1) Plans for carrying out a program of voluntary or compulsory
repair and rehabilitation of buildings and improvements;
(2) 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
(3) 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 or other governmental
entity for those 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 those
persons for moving expenses and losses of property for which reimbursement
or compensation is not otherwise made, including the making of payments
financed by the federal government;
C. To appropriate whatever funds and make whatever expenditures
as may be necessary to carry out the purposes of this article, including,
but not limited:
(1) To the payment of any and all costs and expenses incurred
in connection with, or incidental to, the acquisition of land or property,
and for the demolition, removal, relocation, renovation or alteration
of land, buildings, streets, highways, alleys, utilities or services,
and other structures or improvements, and for the construction, reconstruction,
installation, relocation or repair of streets, highways, alleys, utilities
or services, in connection with urban renewal projects;
(2) To levy taxes and assessments for those purposes;
(3) 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 whatever security as may be required for this financial
assistance; and
(4) To invest any urban renewal funds held in reserves
or sinking funds or any of these funds not required for immediate
disbursement in property or securities which are legal investments
for other municipal funds;
D. Acquired property.
(1) To hold, improve, clear or prepare for redevelopment
any property acquired in connection with urban renewal projects;
(2) To mortgage, pledge, hypothecate or otherwise encumber
that property; and
(3) To insure or provide for the insurance of the 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 agreements with other public bodies
or agencies (these agreements may extend over any period, notwithstanding
any 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
whatever conditions imposed pursuant to federal laws as the municipality
considers 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 the municipality
in order that the objective of remedying slum and blighted areas and
preventing its causes within the municipality may be promoted and
achieved most effectively; and
I. To exercise all or any part or combination of the
powers granted in 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 the municipality;
B. Locates and defines the slum or blighted area;
C. Finds that the rehabilitation, redevelopment, or a
combination of them, of the area or areas is necessary and in the
interest of the public health, safety, morals or welfare of the residents
of the municipality.
Condemnation of land or property under the provisions
of this article shall be in accordance with the procedure provided
in the Real Property Article of the Annotated Code of Maryland.
The municipality, to the extent it determines
to be feasible in carrying out the provisions of this article, shall
afford maximum opportunity to the rehabilitation or redevelopment
of any urban renewal area by private enterprise consistent with the
sound needs of the municipality as a whole. 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 authorization of general obligation bonds by the
municipality, and also within limitations determined by the municipality.
This act shall be known and may be cited as
the "Redevelopment Urban Renewal Act."