§ 42-64-13 - Relations with municipalities.
SECTION 42-64-13
§ 42-64-13 Relations with municipalities.– (a) With respect to projects situated on federal land, the Rhode Islandeconomic development corporation is authorized to plan, construct, reconstruct,rehabilitate, alter, improve, develop, maintain, and operate projects: (i) inconformity with the applicable provisions of chapter 1 of title 2 except thatthe projects shall not require the approval of a town or city council providedfor in § 2-1-21, and (ii) without regard to the zoning or other land useordinances, codes, plans, or regulations of any municipality or politicalsubdivision; provided, however, that the exemption from the zoning or otherland use ordinances, codes, plans, or regulations shall be subject to thecorporation's compliance with the provisions of this subsection. Projects whichare planned, constructed, reconstructed, rehabilitated, altered, improved, ordeveloped by the corporation on federal land in accordance with the provisionsof this subsection may be maintained and operated by lessees from andsuccessors in interest to the corporation in the same manner as if the projectshad been in existence prior to the enactment of the zoning or other land useordinances, codes, plans, or regulations which, but for this chapter, wouldotherwise be applicable.
(2) As used in this section, "the comprehensive plan" means acomprehensive plan adopted pursuant to chapter 22 of title 45 by a planningboard or commission; "the applicable comprehensive plan" shall mean thecomprehensive plan of any municipality within which any project is to besituated, in whole or in part; and "the project plan" shall mean a generaldescription of a proposed project situated on federal land, describing inreasonable detail its location, nature, and size. A zoning ordinance adopted bya municipality pursuant to chapter 24 of title 45 shall not be deemed to be acomprehensive plan nor a statement of the land use goals, objectives, andstandards.
(3) If any project plan of the corporation with respect toprojects situated on federal land conforms to the land use goals, objectives,and standards of the applicable comprehensive plan as of the time of thecorporation's adoption of the project plan, or if there is no applicablecomprehensive plan, then before proceeding with the project described in theproject plan, the corporation shall refer the project plan to the appropriatecommunity advisory committee which may thereafter hold any public hearings asit may deem to be desirable for the purpose of permitting the public to commenton the project plan. The community advisory committee shall not later thanforty-five (45) days after its receipt of the project plan, transmit itscomments on the project plan, in either written or oral form, to thecorporation and thereupon, or upon the community advisory committee's failureto take any action within the time specified, the corporation shall beauthorized to proceed with the project described in the project plan withoutregard to the zoning or other land use ordinances, codes, plans, or regulationsof a municipality within which the project is to be situated in whole or inpart.
(4) If any project plan of the corporation with respect toprojects situated on federal land does not conform to the land use goals,objectives, and standards of the applicable comprehensive plan as of the timeof the corporation's adoption of the project plan, then, before proceeding withthe project described in the project plan, the corporation shall refer theproject plan to the local governing body of any municipality within which anyproject is to be situated, in whole or in part. The local governing body maythereafter hold any public hearings as it may deem to be desirable for thepurpose of permitting the public to comment on the project plan. The localgoverning body shall, not later than forty-five (45) days after its receipt ofthe project plan, advise the corporation of its approval or disapproval of thatplan. If it shall disapprove the project plan, the corporation shallnevertheless be authorized to proceed with the project described in the projectplan (without regard to the zoning or other land use ordinances, codes, plans,or regulations of a municipality within which the project is to be situated inwhole or in part) upon the subsequent affirmative vote of a majority of themembers of the board of directors then holding office as directors taken at ameeting open to the public. If the local governing body approves the projectplan or fails to take any action within the time specified, the corporationshall be authorized to proceed with the project described in the project planwithout regard to the zoning or other land use ordinances, codes, plans, orregulations of a municipality within which the project is to be situated inwhole or in part.
(5) The project plan's conformity with the applicablecomprehensive plan shall be determined by the board of directors of thecorporation and its determination shall be binding and conclusive for allpurposes.
(b) With respect to projects situated on real property otherthan federal land, the corporation shall plan, construct, reconstruct,rehabilitate, alter, improve, develop, maintain, and operate projects inconformity with the applicable zoning or other land use ordinances, codes,plans, or regulations of any municipality or political subdivision of the statein which those projects are situated.
(c) The corporation shall, in planning, constructing,reconstructing, rehabilitating, altering, or improving any project, comply withall requirements of state and federal laws, codes, or regulations applicable tothat planning, construction, reconstruction, rehabilitation, alteration, orimprovement. The corporation shall adopt a comprehensive building code (whichmay, but need not be, the BOCA Code) with which all projects shall comply. Thatadoption shall not preclude the corporation's later adoption of a differentcomprehensive building code or of its alteration, amendment, or supplementationof any comprehensive building code so adopted. Except as otherwise specificallyprovided to the contrary, no municipality or other political subdivision of thestate shall have the power to modify or change in whole or in part thedrawings, plans, or specifications for any project of the corporation; nor torequire that any person, firm, or corporation employed with respect to thatproject perform work in any other or different manner than that provided bythose drawings, plans, and specifications; nor to require that any such person,firm, or corporation obtain any approval, permit, or certificate from themunicipality or political subdivision in relation to the project; and the doingof that work by any person, firm, or corporation in accordance with the termsof those drawings, plans, specifications, or contracts shall not subject theperson, firm, or corporation to any liability or penalty, civil or criminal,other than as may be stated in the contracts or may be incidental to the properenforcement thereof; nor shall any municipality or political subdivision havethe power to require the corporation, or any lessee or successor in interest,to obtain any approval, permit, or certificate from the municipality orpolitical subdivision as a condition of owning, using, maintaining, operating,or occupying any project acquired, constructed, reconstructed, rehabilitated,altered, or improved by the corporation or pursuant to drawings, plans, andspecifications made or approved by the corporation; provided, however, thatnothing contained in this subsection shall be deemed to relieve any person,firm, or corporation from the necessity of obtaining from any municipality orother political subdivision of the state any license which, but for theprovisions of this chapter, would be required in connection with the renderingof personal services or sale at retail of tangible personal property.
(d) Except to the extent that the corporation shall expresslyotherwise agree, a municipality or political subdivision, including, but notlimited to, a county, city, town, or district, in which a project of thecorporation is located, shall provide for the project, whether then owned bythe corporation or any successor in interest, police, fire, sanitation, healthprotection, and other municipal services of the same character and to the sameextent as those provided for other residents of that municipality or politicalsubdivision, but nothing contained in this section shall be deemed to requireany municipality or political subdivision to make capital expenditures for thesole purpose of providing any of these services for that project.
(e) In carrying out a project, the corporation shall beempowered to enter into contractual agreements with municipalities and publiccorporations and those municipalities and public corporations are authorizedand empowered, notwithstanding any other law, to enter into any contractualagreements with the corporation and to do all things necessary to carry outtheir obligations under the agreements.
(f) Notwithstanding the provisions of any general, special,or local law or charter, municipalities and public corporations are empoweredto purchase, or to lease for a term not exceeding ninety-nine (99) years,projects of the corporation, upon any terms and conditions as may be agreedupon by the municipality or public corporation and the corporation.