Sec. 16. (a) This subsection does not apply to the redevelopment commission of an excluded city described in section 1(b) of this chapter. After adoption under section 15 of this chapter of a resolution that designates a redevelopment project area or amends the resolution or plan for an existing area, the redevelopment commission shall submit the resolution and supporting data to the plan commission of the unit, or if there is no plan commission, then to the body charged with the duty of developing a general plan for the unit, if there is such a body. The plan commission may determine whether the resolution and the redevelopment plan conform to the plan of development for the unit and approve or disapprove the resolution and plan proposed. The redevelopment commission may amend or modify the resolution and proposed plan in order to conform them to the requirements of the plan commission. The plan commission shall issue its written order approving or disapproving the resolution and redevelopment plan, and may, with the consent of the redevelopment commission, rescind or modify that order.
(b) This subsection does not apply to the redevelopment commission of an excluded city described in section 1(b) of this chapter. The redevelopment commission may not proceed with:
(1) the acquisition of a redevelopment project area; or
(2) the implementation of an amendment to the resolution or plan for an existing redevelopment project area;
until the approving order of the plan commission is issued and approved by the municipal legislative body or county executive.
(c) In determining the location and extent of a redevelopment project area proposed to be acquired for redevelopment, the redevelopment commission and the plan commission of the unit shall give consideration to transitional and permanent provisions for adequate housing for the residents of the area who will be displaced by the redevelopment project.
(d) After adoption under section 15 of this chapter of a resolution that designates a redevelopment project area or amends the resolution or plan for an existing area, a redevelopment commission in an excluded city that is exempt from the requirements of subsections (a) and (b) shall submit the resolution and supporting data to the municipal legislative body of the excluded city. The municipal legislative body may:
(1) determine if the resolution and the redevelopment plan conform to the plan of development for the unit; and
(2) approve or disapprove the resolution and plan proposed.
[Pre-Local Government Recodification Citations: 18-7-7-13; 18-7-7.1-13.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.190-2005, SEC.9; P.L.185-2005, SEC.13; P.L.1-2006, SEC.565; P.L.146-2008, SEC.727.
Structure Indiana Code
Article 7. Planning and Development
Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions
36-7-14-1.5. Applicability of Chapter to Fire Protection Districts
36-7-14-1.7. Applicability of Chapter to Fire Protection Territories
36-7-14-2. Declaration of Public Purpose; Opportunities for Redevelopment by Private Enterprise
36-7-14-3. Redevelopment Departments and Commissions; Creation; Taxing Districts; Oversight
36-7-14-3.1. Electronic Meetings
36-7-14-3.7. Transfer of Control and Jurisdiction Over Certain Development Areas; Requirements
36-7-14-6.1. Commissioners; Appointment; Nonvoting Adviser
36-7-14-9. Commissioners; Removal From Office
36-7-14-10. Commissioners and Nonvoting Advisers; Pecuniary Interests in Property and Transactions
36-7-14-11. Duties of Commission
36-7-14-12.2. Powers of Commission
36-7-14-12.4. Ownership Prohibition Regarding Single Family Dwellings
36-7-14-13. Annual Reports; Contents; Subject to Laws of General Nature
36-7-14-14. Contracts to Perform Powers and Duties
36-7-14-16. Approval of Resolutions and Plans by Unit
36-7-14-17. Notice and Hearing
36-7-14-17.5. Notice and Hearing; Amendment of Resolution or Plan; Procedure
36-7-14-19. Acquisition of Real Property; Procedure; Approval
36-7-14-20. Eminent Domain; Procedure; Legislative Body Resolution
36-7-14-21. Commission Authority in Redevelopment Area
36-7-14-22. Public Sale or Lease of Real Property; Procedure
36-7-14-22.5. Additional Commission Powers Concerning Real Property; Public Meeting
36-7-14-22.6. "Abutting Landowner"; "Offering Price"; Sale to Abutting Landowner; Appraisal
36-7-14-22.7. Disposal of Real Property; Appraisal
36-7-14-22.8. New Opportunity Area
36-7-14-23. Unit Officers; Duties Regarding Department Funds
36-7-14-24. Payment of Expenses Incurred Before Tax Levy; Procedure
36-7-14-25.2. Leased Facilities; Procedure; Fiscal Body Approval
36-7-14-25.3. Lessors of Redevelopment Facilities; Effect of Other Statutory Provisions
36-7-14-25.5. Payment of Redevelopment Bonds or Leases; Pledge or Covenant of Legislative Body
36-7-14-26. Capital Fund; Deposits; Gifts; Allocation Fund
36-7-14-27.5. Tax Anticipation Warrants; Authorization; Procedure; Legislative Body Approval
36-7-14-29. Payments From Funds; Procedure
36-7-14-30. Urban Renewal Projects; Authorization
36-7-14-31. Urban Renewal Plans
36-7-14-32. Urban Renewal Projects; Powers and Duties of Commissions; Units and Officers
36-7-14-33. Urban Renewal Projects; Cooperation With Public Entities
36-7-14-34. Preparation of Urban Rehabilitation Programs
36-7-14-36. Neighborhood Development Programs; Authorization; Procedure; Federal Aid
36-7-14-37. Redevelopment Districts and Departments; Tax Exemptions
36-7-14-40. Violations; Penalties
36-7-14-41. Economic Development Area; Determination; Enlargement
36-7-14-44. Military Base Reuse Area
36-7-14-45. Establishment of Program for Housing; Notices; Conditions
36-7-14-46. Commission Authority in Program for Housing
36-7-14-47. Commission Findings Required; Contents
36-7-14-49. Program for Age-Restricted Housing
36-7-14-50. Powers of Commission in Implementing Age-Restricted Housing Program
36-7-14-51. Findings for Age-Restricted Housing Program
36-7-14-53. Residential Housing Development Program; Authorization; Procedures
36-7-14-54. Residential Housing Development Program; Powers; Restrictions
36-7-14-55. Residential Housing Development Program; Required Findings
36-7-14-56. Residential Housing Development Program; Allocation Area