Title 42
State Affairs and Government

Chapter 64.14
The I-195 Redevelopment Act of 2011

R.I. Gen. Laws § 42-64.14-13

§ 42-64.14-13. Planning, permitting, appeals and development.

(a) The commission shall exercise its powers in a manner consistent with development plans approved for the I-195 redevelopment district by the commission. Such plans may be prepared without limitation by the commission in order to achieve the purposes of this chapter. Development in the district, whether by the commission or otherwise shall be subject to the plans prepared by the commission and the commission plans shall be consistent with the city of Providence comprehensive plan adopted by the city pursuant to 45-22-2.1 et seq. and the city of Providence zoning ordinances pursuant to § 45-24-27 et seq. as previously enacted by the city of Providence, and as may be enacted be enacted and/or amended from time to time through July 1, 2012, or enacted thereafter with the consent of the commission. Approved plans for the I-195 redevelopment district may be considered, in whole or part as appropriate, for adoption as an element of the state guide plan by the state planning council, but shall not be subject to the state guide plan or any other approval provisions related thereto.

(b) The commission shall serve as the sole permitting authority for all development within the district, as defined in § 37-5-7, pursuant to the powers granted to the commission by §§ 42-64.14-7 and 42-64.14-8 of this chapter. The state fire marshal and the state building code commissioner shall issue any necessary permits related to fire safety and building code compliance respectively. The commission shall seek the cooperation of the state building code commissioner and the state fire marshal to expedite all necessary permits and approvals for development within the district.

(c) The commission shall have authority to approve and/or mandate an accelerated plan review process, which may include the implementation of phased and/or fast-track development, which is defined as the initiation of development prior to final issuance of all permits and approvals and/or the completion of final project design and construction plans.

(d) The commission shall create for the redevelopment of its properties and parcels sold by its design guidelines in consultation with the state historic preservation officer.

(e) All appeals timely filed pursuant to chapter 42-35 of the general laws entitled the Administrative Procedures Act with the Rhode Island superior court relative to permits and approvals shall be accelerated and given priority and advanced on the calendar of the Rhode Island superior court.

(f) Under no circumstances shall the commission establish, authorize, zone, plan, or permit in the district a so-called “casino” or any form of gambling, including but not limited to those activities governed by title 41 of the Rhode Island general laws, so-called “video-gambling” or any lotteries whatsoever except for the sale of lottery tickets pursuant to title 42, section 61 of the general laws. Furthermore, upon conveyance, but in any event before approving any project, development, or redevelopment, the commission shall ensure that a deed restriction, running to the benefit of the city of Providence and the state, is recorded against the subject property effectuating and memorializing such restriction. The aforementioned restriction shall run with the land and be binding upon all successors and assign. Any deed restriction conveyed to the state pursuant to this subsection may be waived only by statute, resolution or other action by the general assembly which complies with the constitutional requirements for the expansion of gambling.

History of Section.
P.L. 2011, ch. 245, § 3; P.L. 2011, ch. 267, § 3.