40-58-06. Preparation, adoption, and revision of development or renewal plans

40-58-06. Preparation, adoption, and revision of development or renewal plans

1. A municipality may not approve a development or renewal plan for a development or

renewal area unless the governing body by resolution determines that the area is a

slum or blighted area or consists of industrial or commercial property, or a combination

of those areas or properties, and designates the area or properties as appropriate for a

development or renewal project. The local governing body may not approve a

development or renewal plan until a general plan for the municipality is prepared. For

this purpose and other municipal purposes, a municipality may prepare, adopt, and

revise a general plan for the physical development of the municipality as a whole

giving due regard to the environs and metropolitan surroundings, establish and

maintain a planning commission for this purpose and related municipal planning

activities, and make available and appropriate necessary funds for these purposes. A

municipality may not acquire real property for a development or renewal project unless

the governing body approves the development or renewal plan in accordance with

subsection 4.

2. The municipality may prepare or cause to be prepared a development or renewal plan,

or any person or agency, public or private, may submit a development or renewal plan

to a municipality. Prior to its approval of a development or renewal plan, the governing

body shall submit the plan to the planning commission of the municipality, if any, for

review and recommendations as to its conformity with the general plan for the

development of the municipality as a whole. However, if the development or renewal

plan relates only to proposed development of industrial or commercial property, the

governing body is not required to submit the plan to the planning commission unless

the proposed development is not consistent with the comprehensive city plan. The

planning commission shall submit its written recommendations with respect to the

proposed development or renewal plan to the governing body within thirty days after

receipt of the plan for review. Upon receipt of the recommendations of the planning

commission, or if no recommendations are received within the thirty-day period, the

governing body may proceed with the hearing on the proposed development or

renewal plan prescribed by subsection 3.

3. The governing body shall hold a public hearing on a development or renewal plan or

substantial modification of an approved plan, after public notice of the hearing is

provided by publication in a newspaper having a general circulation in the area of

operation of the municipality. The notice must describe the time, date, place, and

purpose of the hearing, generally identify the development or renewal area covered by

the plan, and outline the general scope of the development or renewal project under

consideration.

4. Following the hearing, the governing body may approve a development or renewal

plan if it finds that:

a. A feasible method exists for the location of families who will be displaced from the

development or renewal area in decent, safe, and sanitary dwelling

accommodations within their means and without undue hardship to those

families;

b. The development or renewal plan conforms to the general plan of the municipality

as a whole; and

c. The development or renewal plan will afford maximum opportunity, consistent

with the sound needs of the municipality as a whole, for the development,

rehabilitation, or redevelopment of the development or renewal area by private

enterprise.

5. A development or renewal plan may be modified at any time; provided, that if modified

after the lease or sale by the municipality of real property in the development or

renewal project area, the modification is subject to the rights at law or in equity as a

lessee or purchaser, or the lessee's or purchaser's successor or successors in

the development or renewal area by private

enterprise.

5. A development or renewal plan may be modified at any time; provided, that if modified

after the lease or sale by the municipality of real property in the development or

renewal project area, the modification is subject to the rights at law or in equity as a

lessee or purchaser, or the lessee's or purchaser's successor or successors in

interest, is entitled to assert. Any proposed modification which will substantially change

the development or renewal plan as previously approved by the governing body is

subject to the requirements of this section, including the requirement of a public

hearing, before it may be approved.

6. Upon the approval of a development or renewal plan by the municipality, the provisions

of the plan governing the future use and building requirements applicable to the

property covered by the plan control the future use of and building on the property.