NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 837

HOUSE BILL 738

 

 

AN ACT TO AMEND THE URBAN REDEVELOPMENT LAW TO AUTHORIZE REDEVELOPMENT OF NON-RESIDENTIAL AREAS; TO PROVIDE FOR CONSERVATION, REHABILITATION AND RECONDITIONING AREAS; AND TO CLARIFY AND SIMPLIFY PROCEDURAL REQUIREMENTS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 37 of Chapter 160 of the General Statutes of North Carolina, as amended, known and cited as the "Urban Redevelopment Law," is amended by adding a new Section immediately following G.S. 160‑455, to be designated as G.S. 160‑455.1, and to read as follows:

"G.S. 160‑455.1.  Additional findings. It is further determined and declared as a matter of legislative finding:

"(a)       That the cities of North Carolina constitute important assets for the State and its citizens; that the preservation of the cities and of urban life against physical, social, and other hazards is vital to the safety, health, and welfare of the citizens of the State, and sound urban development in the future is essential to the continued economic development of North Carolina, and that the creation, existence, and growth of substandard areas present substantial hazards to the cities of the State, to urban life, and to sound future urban development.

"(b)      That blight exists in commercial and industrial areas as well as in residential areas, in the form of dilapidated, deteriorated, poorly ventilated, obsolete, over-crowded, unsanitary, or unsafe buildings, inadequate and unsafe streets, inadequate lots, and other conditions detrimental to the sound growth of the community; that the presence of such conditions tends to depress the value of neighboring properties, to impair the tax base of the community, and to inhibit private efforts to rehabilitate or improve other structures in the area; and that the acquisition, preparation, sale, sound replanning and redevelopment of such areas in accordance with sound and approved plans will promote the public health, safety, convenience and welfare.

"(c)       That not only is it in the interest of the public health, safety, convenience and welfare to eliminate existing substandard areas of all types, but it is also in the public interest and less costly to the community to prevent the creation of new blighted areas or the expansion of existing blighted areas; that vigorous enforcement of municipal and State building standards, sound planning of new community facilities, public acquisition of dilapidated, obsolescent buildings, and other municipal action can aid in preventing the creation of new blighted areas or the expansion of existing blighted areas; and that rehabilitation, conservation, and reconditioning of areas in accordance with sound and approved plans, where, in the absence of such action, there is a clear and present danger that the area will become blighted, will protect and promote the public health, safety, convenience and welfare.

"Therefore it is hereby declared to be the policy of the State of North Carolina to protect and promote the health, safety, and welfare of the inhabitants of its urban areas by authorizing redevelopment commissions to undertake nonresidential redevelopment in accord with sound and approved plans and to undertake the rehabilitation, conservation, and reconditioning of areas where, in the absence of such action, there is a clear and present danger that the area will become blighted."

Sec. 2.  Subsection (m) of Section 160‑456 is rewritten to read as follows:

"(m)      'Redevelopment area'. Any area which a planning commission may find to be

(1)        a blighted area because of the conditions enumerated in subsection (q) of this Section,

(2)        a nonresidential redevelopment area because of conditions enumerated in subsection (q)(1) of this Section;

(3)        a rehabilitation, conservation, and reconditioning area within the meaning of subsection (q)(2) of this Section;

(4)        any combination thereof, so as to require redevelopment under the provisions of this Article."

Sec. 3.  Subsection (q) of G.S. 160‑456, as the same appears in the 1959 Supplement to the General Statutes, is amended by adding new subsections at the end thereof to be designated as subsections (1) and (2) and to read as follows:

"(1)      'Nonresidential redevelopment area' shall mean an area in which there is a predominance of buildings or improvements, whose use is predominantly nonresidential, and which, by reason of

(a)        dilapidation, deterioration, age or obsolescence of buildings and other structures,

(b)        inadequate provision for ventilation, light, air, sanitation or open spaces,

(c)        defective or inadequate street layout,

(d)        faulty lot layout in relation to size, adequacy, accessibility, or usefulness,

(e)        tax or special assessment delinquency exceeding the fair value of the property,

(f)         unsanitary or unsafe conditions,

(g)        the existence of conditions which endanger life or property by fire arid other causes, or

(h)        any combination of such factors

(1)        substantially impairs the sound growth of the community,

(2)        has seriously adverse effects on surrounding development, and

(3)        is detrimental to the public health, safety, morals or welfare; provided, no such area shall be considered a nonresidential redevelopment area nor subject to the power of eminent domain, within the meaning of this Article, unless it is determined by the planning commission that at least one half of the number of buildings within the area are of the character described in this subsection and substantially contribute to the conditions making such area a nonresidential redevelopment area; provided that if the power of eminent domain shall be exercised under the provisions of this Article, the respondent or respondents shall be entitled to be represented by counsel of their own selection and their reasonable counsel fees fixed by the court, taxed as a part of the costs and paid by the petitioners.

"(2)      'Rehabilitation, conservation, and reconditioning area' shall mean any area which the planning commission shall find, by reason of factors listed in subsection (q) or subsection (q)(1), to be subject to a clear and present danger that, in the absence of municipal action to rehabilitate, conserve, and recondition the area, it will become in the reasonably foreseeable future a blighted area or a nonresidential redevelopment area as denned herein. In such an area, no individual tract, building, or improvement shall be subject to the power of eminent domain, within the meaning of this Article, unless it is of the character described in subsection (q) or subsection (q)(1) and substantially contributes to the conditions endangering the area; provided that if the power of eminent domain shall be exercised under the provisions of this Article, the respondent or respondents shall be entitled to be represented by counsel of their own selection and their reasonable counsel fees fixed by the court, taxed as a part of the costs and paid by the petitioners."

Sec. 4.  Subsection (r) of Section 160‑456 is rewritten to read as follows:

"(r)       'Redevelopment project' shall mean any work or undertaking:

1.         To acquire blighted or nonresidential redevelopment areas or portions thereof, or individual tracts in rehabilitation, conservation, and reconditioning areas, including lands, structures, or improvements, the acquisition of which is necessary or incidental to the proper clearance, development, or redevelopment of such areas or to the prevention of the spread or recurrence of conditions of blight;

2.         To clear any such areas by demolition or removal of existing buildings, structures, streets, utilities or other improvements thereon and to install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan;

3.         To sell land in such areas for residential, recreational, commercial, industrial or other use or for the public use to the highest bidder as herein set out or to retain such land for public use, in accordance with the redevelopment plan;

4.         To carry out plans for a program of voluntary or compulsory repair, rehabilitation, or reconditioning of buildings or other improvements in such areas.

"The term 'redevelopment project' may also include the preparation of a redevelopment plan, the plannning, survey and other work incident to a redevelopment project, and the preparation of all plans and arrangements for carrying out a redevelopment project."

Sec. 5.  G.S. 160‑462(j) is amended by adding at the end thereof the following:

"A redevelopment commission is hereby specifically authorized to make (1) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements and (2) plans for the enforcement of laws, 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. The redevelopment commission is further authorized to develop, test and report methods and techniques, and carry out demonstrations and other activities, for the prevention and elimination of slums and urban blight."

Sec. 6.  G.S. 160‑456 is amended as follows:

a.         Subsection (d) is amended by striking out the word "Field" in line 1 and substituting the word "Area" therefor.

b.         Subsection (n) of Section 160‑456 is amended by striking out the word "area" in line 1 thereof.

c.         Subsection (p) of Section 160‑456 is amended by striking out the words "submitted for approval to the governing body by a commission," in lines 2 and 3 thereof.

Sec. 7.  Subsection (f) of Section 160‑462 is amended by striking out the word "proposal" in line 13 thereof and substituting the word "plan" therefor.

Sec. 8.  G.S. 160‑463 is amended as follows:

a.         Subsection (d) of Section 160‑463 is amended by striking out the word "area" in line 1 thereof.

b.         Subsection (e) of Section 160‑463 is amended to read as follows:

"The commission shall hold a public hearing prior to its final determination of the redevelopment plan. Notice of such hearing shall be given once a week for two successive calendar weeks in a newspaper published in the municipality, or, if there be no newspaper published in the municipality, by posting such notice at four public places in the municipality, said notice to be published the first time or posted not less than fifteen days prior to the date fixed for said hearing."

c.         Subsections (f) and (g) of Section 160‑463 are amended by striking out the word "proposal" wherever the same appears in said subsections and substituting therefor the word "plan".

d.         Subsection (h) of Section 160‑463 is amended to read as follows:

"The governing body, upon receipt of the redevelopment plan and the recommendation (if any) of the planning commission, shall hold a public hearing upon said plan. Notice of such hearing shall be given once a week for two successive weeks in a newspaper published in the municipality, or, if there be no newspaper published in the municipality, by posting such notice at four public places in the municipality, said notice to be published the first time or posted not less than fifteen days prior to the date fixed for said hearing. The notice shall describe the redevelopment area by boundaries, in a manner designed to be understandable by the general public. The redevelopment plan, including such maps, plans, contracts, or other documents as form a part of it, together with the recommendation (if any) of the planning commission and supporting data, shall be available for public inspection at a location specified in the notice for at least ten days prior to the hearing.

"At the hearing the governing body shall afford an opportunity to all persons or agencies interested to be heard and shall receive, make known, and consider recommendations in writing with reference to the redevelopment plan."

e.         Subsection (i) of Section 160‑463 is amended to read as follows:

"The governing body shall approve, amend, or reject the redevelopment plan as submitted."

f.          Subsection (j) of Section 160‑463 is amended to read as follows:

"Upon approval by the governing body of the redevelopment plan, the commission is authorized to acquire property, to execute contracts for clearance and preparation of the land for resale, and to take other actions necessary to carry out the plan, in accordance with the provisions of this Article."

Sec. 9.  G.S. 160-464 is amended as follows:

a.         Subsection (b) of Section 160‑464 is amended by striking out the word "four" in line 5 and substituting the word "two" therefor. Subsection (b) is further amended by striking out the words "All awards of contracts and" in line 21 and by capitalizing the word "All" which precedes the word "sales". Subsection (b) is further amended by inserting the words "any such required" between the word "After" and the word "approval" in lines 22 and 23.

b.         Subsection (d) of Section 160‑464 is amended by inserting the words "rent or lease", between the words "temporarily" and "operate" in line 1 thereof.

Sec. 10.  Subsection (d) of Section 160‑466 is hereby amended by rewriting said subsection to read as follows:

"(d)      Bonds shall be sold by the redevelopment commission at public sale upon such terms and in such manner, consistent with the provisions hereof, as the redevelopment commission may determine. Prior to the sale of bonds hereunder, the redevelopment commission shall first cause a notice of the sale of the bonds to be published at least once at least ten days before the date fixed for the receipt of bids for the bonds (a) in a newspaper having the largest or next largest circulation in the redevelopment commission's area of operation and (b) in a publication that carries advertisements for the sale of State and municipal bonds published in the City of New York in the State of New York; provided, however, that in its discretion the redevelopment commission may cause any such notice of sale in the New York publication to. be published as part of a consolidated notice of sale offering for sale the obligations of other public agencies in addition to the redevelopment commission's bonds, and provided further that any bonds may be sold by the redevelopment commission to the government at private sale upon such terms and conditions as are mutually agreed upon between the commission and the government. No bonds issued pursuant to this Article shall be sold at less than par and accrued interest. The provisions of the Local Government Act shall not be applicable with respect to bonds sold or issued under this Act."

Sec. 11.  No amendment herein made shall have the effect of invalidating or otherwise impairing the validity of any actions which have heretofore been taken.

Sec. 12.  Should any Section, clause, or provisions of this Act be decided by the courts to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the Act as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

Sec. 13.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed to the extent of such conflict.

Sec. 14.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 15th day of June, 1961.