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.
MUNICIPALITY
The City of Hyattsville, a municipal corporation of the State
of Maryland.
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 a 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, land
uses, maximum density and building requirements.
URBAN RENEWAL PROJECTS
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 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 that 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 that the legislative body enacts such an ordinance, all
of the powers by this section granted to the municipality shall, from
the effective date of said ordinance, be vested in the public body
or agency thereby established, except the following:
A. The power to pass a resolution to initiate an urban renewal project
pursuant to § C11-4 of this Charter.
B. The power to issue general obligation bonds pursuant to § C11-9
of this Charter.
C. The power to appropriate funds and to levy taxes and assessments
pursuant to § C11-2B(3) of this Charter.
In order to initiate an urban renewal project, the legislative
body of the municipality shall adopt a resolution which:
A. Finds that one (1) 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 the
Annotated Code of Maryland entitled "Eminent Domain," 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 obligations bonds by such municipality and
also within such limitations as shall be determined by said municipality.
If any provisions 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 provisions 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.
All plans, whether preliminary or final, prepared or presented
under the provisions of this Article by the municipality shall not
conflict with and must conform to the Master Plan for Prince George's
County. This provision shall be construed to mean that all urban renewal
plans effecting a change in zoning shall be reviewed by the Maryland-National
Capital Park and Planning Commission, and any zoning amendments pursuant
to this urban renewal program must be approved by the District Council.