2019 -- S 0803 SUBSTITUTE A | |
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LC002444/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES | |
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Introduced By: Senators Ruggerio, McCaffrey, Lynch Prata, Conley, and Ciccone | |
Date Introduced: April 11, 2019 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 24.6 |
4 | SPECIAL ECONOMIC DEVELOPMENT DISTRICTS |
5 | 45-24.6-1. Declaration of purpose. |
6 | (a) According to the United States Census Bureau estimates as of 2015, Rhode Island |
7 | ranks second among the fifty (50) states in terms of population density. Notwithstanding this, |
8 | there exists within the various municipalities of the state, certain large tracts of developable or |
9 | blighted state-owned land, which areas represent in and of themselves and are often contiguous |
10 | with areas of vital economic importance to the state. In light of this, the state declares that these |
11 | tracts of state-owned land, and more specifically those tracts that are twenty (20) or more |
12 | contiguous acres in size, are important state assets which require the coordination of federal, |
13 | state, local, or private action to efficiently make use of these lands. |
14 | (b) It is further declared that coordination is paramount to development as time delays, |
15 | redundant approvals and local eccentricities often impede the development project. |
16 | (c) It is further declared that there is a statewide need for coordinated attention to and |
17 | supervision of the development of these areas for the purpose of education, enjoyment, and |
18 | welfare of the general public, the promotion of commercial and economic development, the |
19 | attraction to our state of appropriate business, industrial, and tourist trade, resources, and |
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1 | investment, the development of an attractive environment that fosters the social welfare and |
2 | health of the public. |
3 | (d) It is further declared that the developmental tools presently available to municipalities |
4 | in the state do not contain sufficient flexibility to address the unique problems arising from the |
5 | projects and to govern comprehensive and coordinated development of areas subject to these |
6 | projects consistently with the previously-declared public needs and purposes. Proper development |
7 | of these areas, consistent with the general welfare, may require designation of special land-use |
8 | districts and special land-use controls which may be more stringent or more flexible than existing |
9 | zoning, planning, and other developmental tools, and may require the adoption, implementation, |
10 | and administration of a plan that establishes a framework for development including detailed |
11 | design and development criteria, regulations, and enforcement procedures. |
12 | (e) It is further declared that the most efficient and effective method to further the |
13 | previously-declared public policy of the state to encourage the appropriate, comprehensive, and |
14 | coordinated development of these properties is to permit the creation of special economic |
15 | development districts in the municipalities of the state and the creation of special economic |
16 | development district commissions to adopt, implement, and administer plans of development that |
17 | establish and enforce design and development criteria and regulations for the development of |
18 | these areas. |
19 | 45-24.6-2. Short title. |
20 | This chapter may be known and may be cited as the "Rhode Island Special Economic |
21 | Development District Enabling Act". |
22 | 45-24.6-3. Definitions. |
23 | As used in this chapter, the following words and terms have the following meanings, |
24 | unless the context indicates another or different meaning or intent: |
25 | (1) "Certificate of approval" means the document issued by a special economic |
26 | development district commission approving an application for construction, erection, alteration, |
27 | demolition, or use of a structure or land within the special economic development district, and |
28 | pursuant to which a building permit may be issued. |
29 | (2) "Certificate of rejection" means the document issued by a special economic |
30 | development district commission rejecting an application for construction, erection, alteration, |
31 | demolition, or use of a structure or land within a special economic development district. |
32 | (3) "Commission" means a special economic development district commission or |
33 | independent public instrumentality authorized by the general assembly and empowered by this |
34 | chapter. |
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1 | (4) "Contiguous acres" means tracts or parcels of land that abut or connect without |
2 | excepting therefrom streams, ponds, rivers, roads, bridges, or other types of paths or rights of |
3 | way. |
4 | (5) "Development map" means a map of a special economic development district that |
5 | shows the parcels into which the district may have been divided according to the plan of |
6 | development. |
7 | (6) "District" means any developable or blighted state-owned tracts or parcels of land, |
8 | which at its creation, consists of twenty (20) or more contiguous acres in size. |
9 | (7) "Permit" means a building permit issued by a duly licensed building inspector. |
10 | (8) "Person" means a natural person or any other legal entity, including, but not limited |
11 | to, a corporation, firm, partnership, or trust. |
12 | (9) "Plan of development" or "plan" means a plan, including design and development |
13 | criteria and regulations, for the development of a special economic development district adopted |
14 | by a special economic development district commission pursuant to this chapter. |
15 | (10) "Regulations" means the rules regulating the construction, erection, alteration, |
16 | demolition, or use of a structure or land within a special development district adopted by a special |
17 | economic development commission pursuant to a plan of development. |
18 | (11) "Special economic development district" means an area of a municipality or |
19 | municipalities that has been or will be established, designated, laid out, or defined by the general |
20 | assembly including but not limited to, independent public instrumentalities created by the general |
21 | assembly. |
22 | (12) "Structure" means a building or anything that is constructed or erected and that |
23 | requires location on the ground or attachment to something located on the ground. |
24 | 45-24.6-4. Special economic development districts authorized. |
25 | (a) For the purposes stated in § 45-24.6-1, the general assembly may, by statute, |
26 | establish, designate, lay out, and define, as special economic development districts, areas that are, |
27 | may be or have been the subject of, or substantially affected by combined federal, state, local, or |
28 | private action, in the same manner as municipalities are presently empowered to establish, |
29 | designate, lay out, and define zoning districts, and which lands are developable or blighted state- |
30 | owned tracts or parcels of land, and which at the time of the creation of the district, consist of |
31 | twenty (20) or more contiguous acres in size. Properties owned or controlled by the department of |
32 | environmental management shall not be subject to the provisions of this chapter. |
33 | (b) The boundaries of a special economic development district established, designated, |
34 | laid out, and defined according to the provisions of this chapter, may be amended only by an act |
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1 | of the general assembly. |
2 | (c) The powers of the district to achieve the purposes of this chapter shall be exercised by |
3 | a commission as herein provided as a public corporation and instrumentality of the state, to adopt, |
4 | implement, and administer a plan of development. |
5 | Each district commission shall consist of seven (7) voting members. The governor of the |
6 | state of Rhode Island shall appoint, with the advice and consent of the senate, the seven (7) voting |
7 | members of the commission. The commission shall have the sole authority to adopt, implement, |
8 | and administer a plan of development for the special economic development district. |
9 | 45-24.6-5. Powers of commission. |
10 | A special economic development district commission established under this chapter shall |
11 | have all powers necessary and incidental to the adoption, implementation, and administration of a |
12 | plan of development, and any other powers that the general assembly may grant in the creation of |
13 | the commission. |
14 | 45-24.6-6. Adoption of special development district plan – Regulation of structures |
15 | and uses - Notice. |
16 | (a) A special economic development district commission shall adopt a plan of |
17 | development. Any plan of development adopted by a special economic development district |
18 | commission pursuant to this chapter may regulate and restrict, by means of regulations duly |
19 | adopted by the commission, the erection, construction, reconstruction, alteration, repair, or use of |
20 | buildings, structures, or land within the special economic development district in a uniform, |
21 | consistent, and nondiscriminatory manner that is rationally related to the purposes of this chapter. |
22 | The plan may include regulations relating to allowable land uses, the location and use of |
23 | buildings, street systems, dimensional, height and area coverage requirements, setbacks and |
24 | build-to lines, frontage, parking requirements, landscaping, pedestrian travel, signs, design |
25 | review, open spaces, and population density. |
26 | (b) Pursuant to the plan of development, the commission may divide the special |
27 | economic development district into several parcels as indicated on a development map, and may |
28 | regulate structures and uses differently in different parcels, so long as regulation of similar |
29 | structures and uses is uniform within any one parcel. |
30 | (c) A plan of development may be adopted or amended only after a public hearing before |
31 | the commission, at which all interested parties have an opportunity to be heard. Notice of the |
32 | time, place, nature, and purpose of the public hearing shall be given to all owners of real property |
33 | within the bounds of the special economic development district and within two hundred feet |
34 | (200') of the perimeter thereof, by registered or certified mail at least seven (7) days before the |
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1 | date of the hearing, and by publication of notice in a newspaper of general circulation within the |
2 | municipality at least once each week for three (3) successive weeks prior to the date of the |
3 | hearing. |
4 | (d) The municipality shall not have concurrent jurisdiction over the special economic |
5 | development district, |
6 | 45-24.6-7. Permit required to erect, construct, alter, repair, or demolish structure – |
7 | Commission quorum and voting. |
8 | (a) Before any structure may be erected, constructed, altered, repaired, or demolished |
9 | within a special economic development district, the person proposing the construction or other |
10 | alteration shall file with the commission an application for permission to erect, construct, alter, |
11 | repair, or demolish the structure, together with plans and specifications, all that may be required |
12 | by regulations adopted by the commission. It is the duty of the commission to review the |
13 | application, plans, and specifications, and no building permit shall be granted until the |
14 | commission has acted on it. No construction or other alteration of a structure may be undertaken |
15 | within a special development district without a permit. The commission may, by regulation, |
16 | coordinate permit approvals with state building officials and fire marshals, city or town officials |
17 | or independent staff or consultants. |
18 | (b) Nothing in this chapter prevents or is to be construed to prevent ordinary maintenance |
19 | or repair of any structure within the special economic development district; nor shall anything in |
20 | this chapter prevent or be construed to prevent the continuance of the use of any building or |
21 | improvement for any purpose to which the building or improvement was lawfully devoted at the |
22 | time of the adoption of a plan of development, or to prevent or be construed to prevent the |
23 | erection, construction, alteration, repair, or demolition of any structure under a permit issued by |
24 | the inspector of buildings prior to the adoption of a plan of development pursuant to this chapter. |
25 | (c) At all meetings of the commission, a majority of the commissioners is necessary and |
26 | sufficient to constitute a quorum for the transaction of business, and the act of a majority of the |
27 | commissioners present at any meeting at which there is a quorum is the act of the commission, |
28 | except as otherwise provided by law. |
29 | 45-24.6-8. Variances, deviations, and special exceptions. |
30 | (a) Any commission that adopts or has adopted a plan conforming to this chapter has the |
31 | authority to grant variances, deviations, and special exceptions of any regulations adopted |
32 | pursuant to that plan, upon the application of an aggrieved property owner: |
33 | (1) Special exceptions to the terms of the regulations may be granted in those cases |
34 | specified in the regulations, and subject to those conditions and safeguards specified therein, |
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1 | where the use granted by special exception is reasonably necessary for the convenience or welfare |
2 | of the public and does not substantially or permanently injure the value of neighboring property. |
3 | (2) Variances may be granted where, owing to special conditions, enforcement of the |
4 | regulations would result in unnecessary hardship, where the variance will not be contrary to the |
5 | public interest, and the spirit of the plan will be observed and substantial justice done. |
6 | (3) Deviations may be granted where the enforcement of the regulations relating to |
7 | setbacks, build-to lines, and other area and dimensional restrictions would preclude the full |
8 | enjoyment by the owner of a permitted use and amount to more than a mere inconvenience. |
9 | (b) The commission shall hold a hearing on the application within a reasonable time, and |
10 | give public notice and due notice of the hearing to the parties in interest and property owners |
11 | within two hundred feet (200') of the affected property. At any hearing any party may appear in |
12 | person or by agent or attorney. |
13 | (c) Nothing in this chapter shall be construed to restrict, amend, repeal, or otherwise |
14 | supersede the jurisdiction of the commission regarding any area designated a special development |
15 | district pursuant to this chapter. |
16 | 45-24.6-9. Appeals to superior court. |
17 | (a) Any person or persons jointly or severally aggrieved by a decision of the commission |
18 | may appeal to the superior court for the county in which the special economic development |
19 | district is situated by filing a complaint stating the reasons of appeal within twenty (20) days after |
20 | the decision has been filed in the office of the commission. The commission shall file the original |
21 | documents acted upon by it and constituting the record of the hearing appealed from, or certified |
22 | copies of the documents, together with any other facts that may be pertinent, with the clerk of the |
23 | court within ten (10) days after being served with a copy of the complaint. When the complaint is |
24 | filed by someone other than the original applicant or appellant, the original applicant or appellant |
25 | and the members of the commission shall be made parties to the proceedings. The appeal shall |
26 | not stay proceedings upon the decision being appealed, but the court may, in its discretion, grant a |
27 | stay on appropriate terms and make any other orders that it deems necessary for an equitable |
28 | disposition of the appeal. |
29 | (b) If, before the date set for hearing in the superior court, an application is made to the |
30 | court for leave to present additional evidence before the commission, and it is shown to the |
31 | satisfaction of the court that the additional evidence is material and that there were good reasons |
32 | for the failure to present it at the hearing before the commission, the court may order that the |
33 | additional evidence be taken before the commission upon conditions determined by the court. The |
34 | commission may modify its findings and decision by reason of the additional evidence and file |
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1 | that evidence and any modifications, new findings, or decisions with the superior court. |
2 | (c) The review shall be conducted by the superior court without a jury. The court shall |
3 | consider the record of the hearing before the commission, and if it appears to the court that |
4 | additional evidence is necessary for the proper disposition of the matter, it may allow any party to |
5 | the appeal to present evidence in open court, which evidence, along with the record shall |
6 | constitute the record upon which the determination of the court is made. |
7 | (d) The court shall not substitute its judgment for that of the commission as to the weight |
8 | of the evidence on questions of fact. The court may affirm the decision of the commission or |
9 | remand the case for further proceedings, or may reverse or modify the decision if substantial |
10 | rights of the appellant have been prejudiced because of findings, inferences, conclusions, or |
11 | decisions which are: |
12 | (1) In violation of constitutional, statutory provisions; |
13 | (2) In excess of the authority granted to the commission by statute; |
14 | (3) Made upon unlawful procedure; |
15 | (4) Affected by other error of law; |
16 | (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the |
17 | whole record; or |
18 | (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted |
19 | exercise of discretion. |
20 | 45-24.6-10. Construction of chapter. |
21 | Whenever the context permits in this chapter, the use of the plural includes the singular, |
22 | the singular, the plural, and the use of any gender is deemed to include all genders. |
23 | 45-24.6-11. Severability. |
24 | If any one or more sections, clauses, sentences, or parts of this chapter are for any reason |
25 | adjudged unconstitutional or invalid in any court, the judgment does not affect, impair, or |
26 | invalidate the remaining provisions of this chapter, but are confined in its operation to the specific |
27 | provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, |
28 | clause, or provision of this chapter in any one or more instances or circumstances shall not be |
29 | taken to affect or prejudice in any way its applicability or validity in any other instance. |
30 | 45-24.6-12. Applicability of other laws. |
31 | (a) Any special economic development district commission created pursuant to this |
32 | chapter will not be subject to the provisions of §§ 42-35-1 through 42-35-18. Any commission |
33 | and its members will be subject to the provisions of §§ 36-14-1 through 36-14-19 and §§ 42-46-1 |
34 | through 42-46-14. |
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1 | (b) In the event of a conflict between the provisions of this chapter and any other |
2 | provisions of the general laws governing the powers of any other district commission created by |
3 | or pursuant to the general laws, including but not limited to the I-195 redevelopment district |
4 | established pursuant to chapter 64.14 of title 42, the provisions of this chapter shall prevail. The |
5 | provisions of this chapter shall also prevail over any district commissions established by |
6 | legislation promulgated after the effective date of this act, unless specifically exempted by that |
7 | legislation. |
8 | SECTION 2. Sections 42-64.14-5, 42-64.14-8 and 42-64.14-18 of the General Laws in |
9 | Chapter 42-64.14 entitled "The I-195 Redevelopment Act of 2011" are hereby amended to read as |
10 | follows: |
11 | 42-64.14-5. The I-195 redevelopment district created. |
12 | (a) The I-195 redevelopment district is hereby constituted as an independent public |
13 | instrumentality and body corporate and politic for the purposes set forth in this chapter with a |
14 | separate legal existence from the city of Providence and from the state and the exercise by the |
15 | commission of the powers conferred by this chapter shall be deemed and held to be the |
16 | performance of an essential public function. The boundaries of the district are established in § 37- |
17 | 5-8. However, parcels P2 and P4, as delineated on that certain plan of land captioned |
18 | "Improvements to Interstate Route 195, Providence, Rhode Island, Proposed Development Parcel |
19 | Plans 1 through 10, Scale: 1" =20', May 2010, Bryant Associates, Inc., Engineers-Surveyors- |
20 | Construction Managers, Lincoln, RI, Maguire Group, Inc., Architects/Engineers/Planners, |
21 | Providence, RI," shall be developed and continued to be used as parks or park supporting activity; |
22 | provided, however, the commission may, from time to time, pursuant to action taken at a meeting |
23 | of the commission in public session, adjust the boundaries of parcel P4 provided that at all times |
24 | parcel P4 shall contain no fewer than one hundred eighty-six thousand one hundred eighty-six |
25 | square feet (186,186 ft2) of land and provided, further, that the city of Providence shall not be |
26 | responsible for the upkeep of the parks unless a memorandum of understanding is entered into |
27 | between the commission or the state and the city of Providence that grants full funding to the city |
28 | for that purpose. |
29 | (b) The property owned by the district is designated as a special economic development |
30 | district pursuant to § 45-24.6-4 and constitutes state-owned land within the meaning of that |
31 | section. |
32 | (c) Except as otherwise provided in chapter 24.6 of title 45, the The I-195 redevelopment |
33 | district commission established in this chapter shall oversee, plan, implement, and administer the |
34 | development of the areas within the district consistent with and subject to the city of Providence |
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1 | comprehensive plan adopted by the city pursuant to § 45-22-2.1 et seq. and the city of Providence |
2 | zoning ordinances pursuant to § 45-24-27 et seq. as previously enacted by the city of Providence, |
3 | and as may be enacted and/or amended from time to time through July 1, 2012, or enacted and/or |
4 | amended thereafter with the consent of the commission. |
5 | (c)(d) The city of Providence shall not be required to install or pay for the initial |
6 | installation of any public or private utility infrastructure within the district. |
7 | (d)(e) It is the intent of the general assembly by the passage of this chapter to vest in the |
8 | commission all powers, authority, rights, privileges, and titles that may be necessary to enable it |
9 | to accomplish the purposes herein set forth, and this chapter and the powers granted hereby shall |
10 | be liberally construed in conformity with those purposes. |
11 | 42-64.14-8. Additional general powers. |
12 | In addition to the powers of the commission otherwise provided herein, the commission |
13 | shall have the powers set forth below and shall be subject to the limitations herein set forth. |
14 | Except as may be expressly limited by action of the commission at a regular or special meeting, |
15 | the commission shall have the powers necessary to put into effect the powers of the commission |
16 | as set forth below and as herein limited. |
17 | (a) The commission is authorized and empowered to fix, revise, charge, collect, and abate |
18 | fees, rates, assessments, delinquency charges, and other charges for its services, and other |
19 | services, facilities, and commodities furnished or supplied by it including penalties for violations |
20 | of such regulations as the commission may from time to time promulgate under this chapter. |
21 | Fees, rates, assessments, delinquency charges, and other charges of general application shall be |
22 | adopted and revised by the commission in accordance with procedures to be established by the |
23 | commission for assuring that interested persons are afforded notice and an opportunity to present |
24 | data, views, and arguments. The commission shall hold at least one public hearing on its schedule |
25 | of fees, rates, and charges or any revision thereof prior to adoption, notice of which shall be |
26 | published in a newspaper of substantial circulation in the district at least fifteen (15) days in |
27 | advance of the hearing, and notice of the hearing shall be provided to the city council of the city |
28 | of Providence. No later than the date of such publication the commission shall make available to |
29 | the public the proposed schedule of fees, rates, and charges. Fees, rates, rents, assessments, |
30 | abatements, and other charges established by the commission shall not be subject to supervision |
31 | or regulation by any department, division, district, board, bureau, or agency of the state or any of |
32 | its political subdivisions. In order to provide for the collection and enforcement of its fees, rates, |
33 | rents, assessments, and other charges, the commission is hereby granted all the powers and |
34 | privileges with respect to such collection and enforcement held by the city of liens for unpaid |
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1 | taxes. Provided however that the commission shall be required to collect all project application |
2 | fees, zoning fees and charges, building permit fees, fire code compliance or other public safety |
3 | permit fees or charges, planning fees, historic district fees and charges, and other similar fees and |
4 | charges that would otherwise be payable to the city of Providence in connection with such |
5 | projects located in the city of Providence and remit the greater of one-half (1/2) of such fees |
6 | collected by the commission to the city of Providence, or one-half (1/2) of such fees the city of |
7 | Providence would have received from the project under the city's ordinances uniformly applied. |
8 | The city of Providence shall continue to be entitled to collect all other customary fees for |
9 | development and maintenance within the district as uniformly applied throughout the city of |
10 | Providence, including, but not limited to, utility tie-in, connection fees, maintenance fees and |
11 | assessments. |
12 | (b) Notwithstanding any provision of law to the contrary, in order to provide for the |
13 | consolidated, coordinated, efficient and effective exercise of public development powers affecting |
14 | or benefiting the city of Providence and the state within the boundaries of the district as defined |
15 | in § 37-5-8, the commission shall have the powers of: |
16 | (i) A special development district as provided for in chapter 45-24.4. |
17 | (ii) A redevelopment agency as provided for in chapters 45-31, 45-31.1, 45-31.2, 45-32, |
18 | and 45-33 within areas of the district which are part of an enterprise zone as provided for in |
19 | chapter 42-64.3. Within the district, the term "blighted area and substandard area" shall be |
20 | deemed to include areas where the presence of hazardous materials, as defined in § 23-19.14-2, |
21 | impairs the use, reuse, or redevelopment of impacted sites. |
22 | (iii) A municipal public buildings authority as provided for in chapter 45-50. |
23 | (iv) A subsidiary of the Rhode Island commerce corporation and the enactment of this |
24 | chapter shall constitute the approval of the general assembly as required by § 42-64-7.1. |
25 | (v) The city planning board as established pursuant to chapter 45-23. |
26 | (vi) The city zoning board as established pursuant to chapter 45-24, including, but not |
27 | limited to, the granting of any use or dimensional variances or special use permits. |
28 | (vii) The city historic district commission established pursuant to chapter 45-24.1. |
29 | (viii) Any other city board existing or created that exercises any of the authorities of a |
30 | planning board, zoning board, design review board or historic district commission. Provided, |
31 | however, and notwithstanding the foregoing, the commission shall at all times ensure that all |
32 | projects and development subject to the jurisdiction of the commission are consistent with and |
33 | subject to the city of Providence comprehensive plan adopted by the city pursuant to § 45-22-2.1 |
34 | et seq. and the city of Providence zoning ordinances pursuant to § 45-24-27 et seq. as previously |
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1 | enacted by the city of Providence, and as may be enacted and/or amended from time to time |
2 | through July 1, 2012, or enacted and/or amended thereafter with the consent of the commission. |
3 | (ix) A special economic development district as provided for in chapter 24.6 of title 45. |
4 | (3) For the benefit of the district, the commission shall have the power to enter into |
5 | agreements with the city of Providence for: |
6 | (i) The exercise of powers for tax increment financing as provided for in chapter 45-33.2; |
7 | (ii) The imposition of impact fees as provided for in chapter 45-22.4 in order to provide |
8 | infrastructure capacity to or make physical improvements within the district; or |
9 | (iii) Approval within the district of a district management authority as provided for in |
10 | chapter 45-59, for purposes of undertaking activities consistent with the approved plans for the |
11 | district adopted pursuant to § 42-64.14-8. |
12 | (4) Title and survey adjustments. The commission is authorized to adjust boundary lines, |
13 | survey lines and property descriptions of the parcels of land comprising the I-195 surplus land as |
14 | may be necessary or appropriate to facilitate or enhance project design plans and for the location |
15 | and/or relocation of city streets, utility corridors, easements and rights-of-way. |
16 | (5) The commission is authorized and empowered, in the name of and for the State of |
17 | Rhode Island, to enter into contracts for the sale, transfer or conveyance, in fee simple, by lease |
18 | or otherwise of the any of the I-195 Surplus lands identified in § 37-5-8 in order to achieve the |
19 | purposes of this chapter and customary terms for commercial real estate transactions of this |
20 | nature, and containing the following provisions: |
21 | (i) The terms for each parcel shall be the fair market value of such parcel at the time of |
22 | conveyance as determined by the commission. |
23 | (ii) As a condition to the sale, lease or other transfer of each parcel or any portion thereof, |
24 | any buyer, tenant or transferee that is a not-for-profit, organization or entity that is otherwise |
25 | exempt from municipal real estate taxes, including, without limitation, any independent public |
26 | instrumentality, governmental or quasi governmental agency, body, division, or official, or any |
27 | affiliate or subsidiary thereof, shall have entered into an agreement for payments to the city in |
28 | accordance with § 42-64.14-14 relating to tax exempt parcels, or such other things acceptable to |
29 | the city. |
30 | (iii) Promptly after taking title to a parcel, the buyer shall cause such parcel to be |
31 | attractively landscaped and maintained for use as green space until such time as development of |
32 | the parcel in accordance with this section begins. |
33 | (iv) Development of the parcels, as appropriate, shall be in accordance with the findings |
34 | set forth in this chapter and with the buyer's approved development plan for the identified parcels, |
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1 | as the same may be amended from time to time with the approval of the commission. |
2 | (v) As a condition to the contract for the sale, lease, transfer or conveyance an approved |
3 | development plan shall include a construction schedule that shall commence within twelve (12) |
4 | months from the effective date of the contract and all construction shall be complete within three |
5 | (3) years from the commencement of said construction unless otherwise amended and approved |
6 | by the commission at a duly posted public meeting of the commission. |
7 | (6) Notwithstanding any provision of this chapter 42-64.14 or any other law to the |
8 | contrary, the commission shall exercise all powers authorized by §§ 42-64.14-7 and 42-64.14-8 in |
9 | a manner consistent with and subject to the city of Providence comprehensive plan adopted by the |
10 | city pursuant to 45-22-2.1 et seq. and the city of Providence zoning ordinances pursuant to 45-24- |
11 | 27 et seq. as previously enacted by the city of Providence, and as may be enacted and/or amended |
12 | from time to time through July 1, 2012, or enacted thereafter with the consent of the commission. |
13 | (7) Under no circumstances shall the commission establish, authorize, zone, plan, or |
14 | permit in the district a so-called "casino" or any form of gambling, including but not limited to |
15 | those activities governed by title 41 of the Rhode Island general laws, so-called "video-gambling" |
16 | or any lotteries whatsoever except for the sale of lottery tickets pursuant to title 42, section 61 of |
17 | the general laws. Furthermore, upon conveyance, but in any event before approving any project, |
18 | development, or redevelopment, the commission shall ensure that a deed restriction, running to |
19 | the benefit of the city of Providence and the state, is recorded against the subject property |
20 | effectuating and memorializing such restriction. The aforementioned restriction shall run with the |
21 | land and be binding upon all successors and assign. Any deed restriction conveyed to the state |
22 | pursuant to this subsection may be waived only by statute, resolution or other action by the |
23 | general assembly which complies with the constitutional requirements for the expansion of |
24 | gambling. |
25 | 42-64.14-18. Inconsistent laws or ordinance inoperative. |
26 | Except as otherwise provided herein, any provisions of any special law and part of any |
27 | special law and all ordinances and parts of ordinances pertaining to development within the |
28 | district which are inconsistent with the provisions of this chapter shall be inoperative and cease to |
29 | be effective. The provisions of this chapter shall be deemed to provide an exclusive, additional, |
30 | alternative, and complete method for the doing of the things authorized hereby and shall be |
31 | deemed and construed to be supplemental and additional to, and not in derogation of, powers |
32 | conferred upon the commission by law and on the city by its charter; provided, however, that |
33 | insofar as the express provisions of this chapter are inconsistent with the provisions of any |
34 | general or special law, administrative order or regulation, or ordinance of the city, the provisions |
| LC002444/SUB A - Page 12 of 13 |
1 | of this chapter shall be controlling; provided, however, to the extent of any inconsistency or |
2 | conflict between this chapter and chapter 24.6 of title 45, the provisions of chapter 24.6 of title 45 |
3 | shall be controlling. |
4 | SECTION 3. This act shall take effect upon passage. |
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LC002444/SUB A | |
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| LC002444/SUB A - Page 13 of 13 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES | |
*** | |
1 | This act would establish special economic development districts and special economic |
2 | development district commissions which would have the authority to adopt a plan for the |
3 | development of a special economic development district. |
4 | This act would take effect upon passage. |
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LC002444/SUB A | |
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| LC002444/SUB A - Page 14 of 13 |