§ 45-31-8 - Definitions.
SECTION 45-31-8
§ 45-31-8 Definitions. – The following definitions and general provisions govern the construction ofchapters 31 – 33 of this title:
(1) "Agency" means a redevelopment agency created by thischapter.
(2) "Arrested blighted area" means any area which, by reasonof the existence of physical conditions including, but not by way oflimitation, the existence of unsuitable soil conditions, the existence ofdumping or other unsanitary or unsafe conditions, the existence of ledge orrock, the necessity of unduly expensive excavation, fill or grading, or thenecessity of undertaking unduly expensive measures for the drainage of the areaor for the prevention of flooding or for making the area appropriate for sounddevelopment, or by reason of obsolete, inappropriate, or otherwise faultyplatting or subdivision, deterioration of site improvements, inadequacy ofutilities, diversity of ownership of plots, or tax delinquencies, or by reasonof any combination of any of the foregoing conditions, is unduly costly todevelop soundly through the ordinary operations of private enterprise andimpairs the sound growth of the community.
(3) "Blighted and substandard area" includes a "slum blightedarea", a "deteriorated blighted area", or an "arrested blighted area", or anycombination of these areas. "Blighted and substandard area" shall also includethose areas where the presence of hazardous materials, as defined in §23-19.14-2, impairs the use, reuse, or redevelopment of impacted sites.
(4) "Bonds of agency" means any bonds, notes, interimcertificates, debentures, or other obligations issued by an agency pursuant to§§ 45-33-5 – 45-33-15.
(5) "Community" means a city or town.
(6) "Deteriorated blighted area" means any area in whichthere exist buildings or improvements, either used or intended to be used forliving, commercial, industrial, or other purposes, or any combination of theseuses, which by reason of:
(i) Dilapidation, deterioration, age, or obsolescence;
(ii) Inadequate provision for ventilation, light, sanitation,open spaces, and recreation facilities;
(iii) High density of population and overcrowding,
(iv) Defective design or unsanitary or unsafe character orconditions of physical construction;
(v) Defective or inadequate street and lot layout; and
(vi) Mixed character, shifting, or deterioration of uses towhich they are put, or any combination of these factors and characteristics,are conducive to the further deterioration and decline of the area to the pointwhere it may become a slum blighted area as defined in subdivision (18), andare detrimental to the public health, safety, morals, and welfare of theinhabitants of the community and of the state generally. A deterioratedblighted area need not be restricted to, or consist entirely of, lands,buildings, or improvements which of themselves are detrimental or inimical tothe public health, safety, morals, or welfare, but may consist of an area inwhich these conditions exist and injuriously affect the entire area.
(7) "Federal government" means the United States of Americaor any agency or instrumentality, corporate or otherwise, of the United Statesof America.
(8) "Legislative body" means the city council or town council.
(9) "Obligee of the agency" or "obligee" include anybondholder, trustee or trustees for any bondholder, or lessor demising to theagency property used in connection with a redevelopment project or any assigneeor assignees of that lessor, and the federal government.
(10) "Planning commission" or "commission" means a planningcommission or other planning agency established under any state law or createdby or pursuant to the charter of the community.
(11) "Project area" means all or any portion of aredevelopment area. A project area may include lands, buildings, orimprovements which of themselves are not detrimental or inimical to the publichealth, safety, morals, or welfare, but whose inclusion is necessary, with orwithout change in their conditions or ownership, for the effectiveredevelopment of the area of which they are a part.
(12) "Public hearing" means a hearing before a legislativebody or before any committee of the legislative body to which the matter to beheard has been referred.
(13) "Real property" means lands, including lands underwaterand waterfront property, buildings, structures, fixtures, and improvements tothe lands, and every estate, interest, privilege, easement, franchise andright, legal or equitable, including rights of way, terms for years and liens,charges or encumbrances by way of judgment, attachment, mortgage, or otherwise,and the indebtedness secured by liens.
(14) "Redevelopment" means the elimination and prevention ofthe spread of blighted and substandard areas. Redevelopment may include theplanning, replanning, acquisition, rehabilitation, improvement, clearance,sale, lease, or other disposition, or any combination of these, of land,buildings, or other improvements for residential, recreational, commercial,industrial, institutional, public, or other purposes, including the provisionof streets, utilities, recreational areas, and other open spaces consistentwith the needs of sound community growth in accordance with the community'sgeneral plan and carrying out plans for a program of voluntary repair andrehabilitation of buildings or other improvements.
(15) "Redevelopment area" means any area of a community whichits legislative body finds is a blighted and substandard area whoseredevelopment is necessary to effectuate the public purposes declared in thischapter.
(16) "Redevelopment plan" means a plan, as it exists fromtime to time, for a redevelopment project, which:
(i) Conforms to the general plan for the community as awhole; and
(ii) Is sufficiently complete to indicate land acquisition,demolition and removal of structures, redevelopment, improvements, andrehabilitation as may be proposed to be carried out in the project area, zoningand planning changes, if any, land uses, maximum densities, buildingrequirements, and the plan's relationship to definite local objectives,respecting appropriate land uses, improved traffic, public transportation,public utilities, recreational and community facilities, and other publicimprovements.
(17) "Redevelopment project" means any work or undertaking ofan agency pursuant to chapters 31 – 33 of this title.
(18) "Slum blighted area" means any area in which there is apredominance of buildings or improvements, either used or intended to be usedfor living, commercial, industrial, or other purposes, or any combination ofthese uses, which by reason of: (i) dilapidation, deterioration, age, orobsolescence; (ii) inadequate provision for ventilation, light, sanitation,open spaces, and recreation facilities; (iii) high density of population andovercrowding; (iv) defective design or unsanitary or unsafe character orcondition of physical construction; (v) defective or inadequate street and lotlayout; and (vi) mixed character or shifting of uses to which they are put, orany combination of these factors and characteristics, are conducive to illhealth, transmission of disease, infant mortality, juvenile delinquency, andcrime; injuriously affect the entire area and constitute a menace to the publichealth, safety, morals, and welfare of the inhabitants of the community and ofthe state generally. A slum blighted area need not be restricted to, or consistentirely of, lands, buildings, or improvements which of themselves aredetrimental or inimical to the public health, safety, morals, or welfare, butmay consist of an area in which these conditions predominate and injuriouslyaffect the entire area.
(19) "State government" means the state of Rhode Island, orany agency or instrumentality of the state, corporate or otherwise.
(20) "State public body" means the state, or any city or townor any other subdivision or public body of the state or of any city or town.