18-2155. Plan; expedited review; eligibility; limit; procedure; projects; use of property taxes; requirements; revocation of expedited reviews; effect.
1,155 words·~5 min read·
/ne/chapter-18/18-2155A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The governing body of a city may elect by resolution to allow expedited reviews of redevelopment plans that meet the requirements of subsection
(2)of this section. A redevelopment plan that receives an expedited review pursuant to this section shall be exempt from the requirements of sections 18-2111 to 18-2115 and 18-2116 .
(2)A redevelopment plan is eligible for expedited review under this section if:
(a)The redevelopment plan includes only one redevelopment project;
(b)The redevelopment project involves:
(i)The repair, rehabilitation, or replacement of an existing structure that has been within the corporate limits of the city or the city's extraterritorial zoning jurisdiction for at least twenty-five years and is located within a substandard and blighted area; or
(ii)The redevelopment of a vacant platted lot or nonconforming lot of record that is located within a substandard and blighted area that has been within the corporate limits of the city or the city's extraterritorial zoning jurisdiction for at least twenty-five years and has been platted or recorded for at least twenty-five years;
(c)The redevelopment project is located in a county with a population of less than one hundred thousand inhabitants; and
(d)The assessed value of the property within the redevelopment project area when the project is complete is estimated to be no more than:
(i)Three hundred fifty thousand dollars for a redevelopment project involving a single-family residential structure;
(ii)One million five hundred thousand dollars for a redevelopment project involving a multi-family residential structure or commercial structure; or
(iii)Ten million dollars for a redevelopment project involving the revitalization of a structure included in the National Register of Historic Places.
(3)The governing body of a city that elects to allow expedited reviews of redevelopment plans under this section may establish by resolution an annual limit on the number of such redevelopment plans that may be approved by the governing body.
(4)The expedited review shall consist of the following steps:
(a)A redeveloper shall prepare the redevelopment plan using a standard form developed by the Department of Economic Development. The form shall include
(i)the existing uses and condition of the property within the redevelopment project area,
(ii)the proposed uses of the property within the redevelopment project area,
(iii)the number of years the existing structure or vacant platted lot or nonconforming lot of record has been within the corporate limits of the city or the city's extraterritorial zoning jurisdiction,
(iv)the current assessed value of the property within the redevelopment project area,
(v)the increase in the assessed value of the property within the redevelopment project area that is estimated to occur as a result of the redevelopment project,
(vi)an indication of whether the redevelopment project will be financed in whole or in part through the division of taxes as provided in section 18-2147 , and
(vii)the agreed-upon costs of the redevelopment project;
(b)The redeveloper shall submit the redevelopment plan directly to the governing body along with an application fee in an amount set by the governing body, not to exceed fifty dollars. Such application fee shall be separate from any fees for building permits or other permits needed for the project; and
(c)The governing body shall determine whether to approve or deny the redevelopment plan within thirty days after submission of the plan. A redevelopment plan may be denied if:
(i)The redevelopment plan does not meet the requirements of subsection
(2)of this section;
(ii)Approval of the redevelopment plan would exceed the annual limit established under subsection
(3)of this section; or
(iii)The redevelopment plan is inconsistent with the city's comprehensive development plan.
(5)Each city may select the appropriate employee or department to conduct expedited reviews pursuant to this section.
(6)For any approved redevelopment project that is financed in whole or in part through the division of taxes as provided in section 18-2147 :
(a)The authority shall incur indebtedness related to the redevelopment project which shall not exceed the lesser of the agreed-upon costs of the redevelopment project or the amount estimated to be generated over a fifteen-year period from the portion of taxes mentioned in subdivision (1)(b) of section 18-2147 . Such indebtedness shall not create a general obligation on behalf of the authority or the city in the event that the amount generated over a fifteen-year period from the portion of taxes mentioned in subdivision (1)(b) of section 18-2147 does not equal the costs of the agreed-upon work to repair, rehabilitate, or replace the structure or to redevelop the vacant platted lot or nonconforming lot of record as provided in the redevelopment plan;
(b)Upon completion of the agreed-upon work to repair, rehabilitate, or replace the structure or to redevelop the vacant platted lot or nonconforming lot of record as provided in the redevelopment plan, the redeveloper shall notify the county assessor of such completion; and
(c)The county assessor shall then determine:
(i)Whether the redevelopment project is complete. Redevelopment projects must be completed within two years after the redevelopment plan is approved under this section; and
(ii)The assessed value of the property within the redevelopment project area.
(7)After the county assessor makes the determinations required under subdivision (6)(c) of this section, the county assessor shall use a standard certification form developed by the Department of Revenue to certify to the authority:
(a)That improvements have been made and completed;
(b)That a valuation increase has occurred;
(c)The amount of the valuation increase; and
(d)That the valuation increase was due to the improvements made.
(8)Once the county assessor has made the certification required under subsection
(7)of this section, the authority may begin to use the portion of taxes mentioned in subdivision (1)(b) of section 18-2147 to pay the indebtedness incurred by the authority under subdivision (6)(a) of this section.
(9)The payments shall be remitted to the holder of the indebtedness. The changes made to this subsection by Laws 2023, LB531, shall be retroactive in application and shall apply to redevelopment plans approved prior to, on, or after June 7, 2023.
(10)A single fund may be used for all redevelopment projects that receive an expedited review pursuant to this section. It shall not be necessary to create a separate fund for any such project, including a project financed in whole or in part through the division of taxes as provided in section 18-2147 .
(11)The governing body of a city that elects to allow expedited reviews of redevelopment plans under this section may revoke such election by resolution at any time. The revocation of such election shall not affect the validity of
(a)any redevelopment plan or redevelopment project that was approved under this section prior to the revocation of such election or
(b)any indebtedness incurred by the authority under subdivision (6)(a) of this section prior to the revocation of such election.