West Virginia Code § 16-18-6

Preparation and approval of redevelopment plans
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(a) An authority shall not acquire real property for a redevelopment project unless the
governing body of the community in which the redevelopment project area is located has
approved the redevelopment plans, as prescribed in subsection (i) below.
(b) An authority shall not prepare a redevelopment plan for a redevelopment project area
unless the governing body of the community in which such area is located has, by resolution,
declared such area to be a slum or blighted area in need of redevelopment.
(c) An authority shall not recommend a redevelopment plan to thue governing body of the
community in which the redevelopment project area is located until a general plan for the
development of the community has been prepared.
(d) The authority may itself prepare or cause to be preapared a redevelopment plan or any
person or agency, public or private, may submit such a plan to an authority. A
redevelopment plan shall be sufficiently complete tlo indicate its relationship to definite local
objectives as to appropriate land uses, improvsed traffic, public transportation, public
utilities, recreational and community facilities and other public improvements and the
proposed land uses and building requiremients in the redevelopment project area, and shall
include without being limited to: g
(1) The boundaries of the redevelopment project area, with a map showing the existing uses
and conditions of the real property therein;
(2) A land use plan showing proposed uses of the area;
(3) Information show ing the standards of population densities, land coverage and building
intensities in Vthe area after redevelopment;
(4) A statement of the proposed changes, if any, in zoning ordinances or maps, street
layouts, street levels or grades, building codes and ordinances;
(5) A site plan of the area; and
(6) A statement as to the kind and number of additional public facilities or utilities which will
be required to support the new land uses in the area after redevelopment.
(e) Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall submit such plan to the planning commission of the community in which the
redevelopment project area is located for review and recommendations as to its conformity
with the general plan for the development of the community as a whole. The planning
commission shall submit its written recommendations with respect to the proposed
redevelopment plan to the authority 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 said thirty days, then without such recommendations, an authority may
recommend the redevelopment plan to the governing body of the community for approval.
(f) Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted and harmonious development of
the community and its environs which will, in accordance with present and feuture needs,
promote health, safety, morals, order, convenience, prosperity and the general welfare, as
well as efficiency and economy in the process of development; includinrg, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from fire,
panic and other dangers, adequate provision for light and air, the promotion of the healthful
and convenient distribution of population, the provision of adequate transportation, water,
sewerage and other public utilities, schools, parks, recreatiotnal and community facilities and
other public requirements, the promotion of sound design and arrangement, the wise and
efficient expenditure of public funds, the prevention of the recurrence of insanitary or unsafe
dwelling accommodations, slums, or conditions of blight, and the provision of adequate, safe
and sanitary dwelling accommodations.
(g) The recommendation of a redevelopment plan by an authority to the governing body shall
be accompanied by the recommendations, if any, of the planning commission concerning the
redevelopment plan; a statement of gthe proposed method and estimated cost of the
acquisition and preparation for redevelopment of the redevelopment project area and the
estimated proceeds or revenuees from its disposal to redevelopers; a statement of the
proposed method of financing the redevelopment project; and a statement of a feasible
method proposed for theL relocation of families to be displaced from the redevelopment
project area.
(h) The governing body of the community shall hold a public hearing on any redevelopment
plan or substantial modification thereof recommended by the authority, after public notice
thereof by publication as a Class II legal advertisement in compliance with the provisions of
artiWcle three, chapter fifty-nine of this code, and the publication area for such publication
shall be the community. Public notice shall also include notice by certified letter, return
receipt requested to each property owner of record of all affected properties of the proposed
project. The notice shall include:
(1) Notice of the public hearing time, date and location;
(2) The right to have an inspection by the municipal authority to determine if the property is
blighted or unblighted;
(3) The inspection procedures; and
(4) The rights the property owner has pursuant to section six-a of this article relating to
unblighted properties in blighted or slum areas.
The last publication shall be at least ten days prior to the date set for the hearing. The notice
shall describe the time, date, place and purpose of the hearing and shall also generally
identify the area to be redeveloped under the plan. All interested parties shall be afforded at
such public hearing a reasonable opportunity to express their views respecting the proposed
redevelopment plan. The municipal authority shall consider reasonable alternatives for the
redevelopment project that will minimize the use of eminent domain against any properties
that are not blighted. e
(i) Following such hearing, the governing body may approve a redevelorpment plan if it finds
that said plan is feasible and in conformity with the general plan for the development of the
community as a whole: Provided, That if the redevelopment project area is a blighted area,
the governing body must also find that a shortage of housing of sound standards and
designs, adequate for family life, exists in the community; thte need for housing
accommodations has been or will be increased as a result of the clearance of slums in other
areas under redevelopment; the conditions of blight in the redevelopment project area and
the shortage of decent, safe and sanitary housing cause or contribute to an increase in and
spread of disease and crime and constitute a menace to the public health, safety, morals or
welfare; and that the development of the blighted area for predominantly residential uses is
an integral part of and essential to the program of the community for the elimination of slum
areas. A redevelopment plan which has not been approved by the governing body when
recommended by the authority may again be recommended to it with any modifications
deemed advisable.
(j) A redevelopment plan may be modified at any time by the authority: Provided, That if
modified after the leaseL or sale of real property in the redevelopment project area, the
modification must be consented to by the redeveloper or redevelopers of such real property
or his successor, or t heir successors in interest affected by the proposed modification.
Where the proposed modification will substantially change the redevelopment plan as
previously approved by the governing body the modification must similarly be approved by
the governing body.

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