880 R.I. Code R. 880-RICR-00-00-4.6

Current through November 21, 2024
Section 880-RICR-00-00-4.6 - Protective Controls and Subdivisions
4.6.1 Protective Controls
A. Approval of Plan - No building or structure shall be erected, constructed, or placed in the Park premises or so altered as to change the location, exterior dimensions, or appearance of the same unless plans are submitted to and approved by QDC. These plans shall conform to the Development Regulations. Plans shall include, but shall not be limited to, elevations and construction materials; site development, including utilities, grading, drainage, plantings; building location; and locations of required yards, walks, drives, parking areas, lighting and signs. The QDC shall act upon the plans consistent with § 4.8 of this Part indicating approval, rejection, or recommendations for modifications.
B. Development Restrictions - Any use established or changed to, and any building, structure, or land developed, constructed or used for, any permitted principal use or accessory use, shall comply with all of the standards contained in the Development Regulations. No change in standards shall invalidate any existing use if such a use was in compliance with standards existing at the time of commencement of that use. If any existing use of buildings or other structures is extended, enlarged, or reconstructed, the standards shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use, building or structure.
C. Commencement of Construction - If, after the expiration of six (6) months from the date of delivery of a deed from the QDC, a grantee shall not have begun, in good faith with reasonably complete arrangements to carry through to completion the development of the property pursuant to plans approved by the QDC under the foregoing restrictions and provisions, the QDC shall have the option to repurchase the property for the price paid by the party which acquired the same from QDC. The QDC may extend the six (6) month period whenever it deems it desirable to do so. The QDC's option must be exercised in writing within one year after it accrues; otherwise, the option shall expire. Any extension pursuant to this clause shall extend the QDC's right of repurchase in the same manner as contemplated after the expiration of the first six (6) months.
D. Subdivision - The premises shall not be subdivided without the approval of the QDC, its successors and assigns, or its duly authorized representative. No part of the Park premises which is left unimproved may be leased, re-sold, or otherwise disposed of without being first offered in writing for resale to the QDC at the same price per square foot at which any portion of the premises were sold by the QDC to the party which acquired the same from the QDC. Land subdivisions shall follow the Administrative Subdivision Guidelines found in the Development Regulation's Guidance Document.
E. Additions to Buildings - Any addition or alteration (interior and exterior) to the buildings or future improvements to a site shall conform to these regulations and shall be subject to the approval of the QDC.
F. Injunctive Relief - The QDC may obtain injunctive relief to enjoin the violations of any of these provisions without prejudice to any of its other legal or equitable remedies.
G. Utility Easement - The QDC reserves the right to construct underground utility facilities and install and maintain pipes and conduits. The QDC also reserves the right to maintain all existing utility facilities within existing utility easements. New easements through an area shall not be more than twenty (20) feet in width and the subsequent owners or any lessees of the premises or any portion thereof, agree to execute any and all instruments necessary and reasonable for the further development of the premises, including the granting of easements of no more than twenty (20) feet in width, provided no such easement shall interfere with any building planned for, or constructed on, the premises by the subsequent owner or lessee.
H. Construction - The QDC shall have the power to interpret the provisions of these regulations, to decide any disputes that arise, and to reconcile any inconsistency or omission in these regulations in such manner and to such extent as it shall deem necessary or desirable. All determinations made by the QDC shall be final and binding on all applicants requesting approvals.
I. Plan Approval - Upon the completion of the construction of a building or other structure on the premises or property that is subject of approval, it shall be conclusively presumed, insofar as any bona fide purchaser or mortgagee is concerned, that the location of the building or other structure has been approved by QDC and that all plans, specifications and details of such buildings or other structures which have been constructed on the premises and all other plans and restrictions referred to herein, have been approved in writing by QDC unless there shall have been recorded in the Records of Land Evidence a notice to the effect that such approval has been withheld.
J. Certificate of Approval - Upon the granting of any approvals pursuant to the terms of these regulations, QDC will stamp the final plans submitted by the applicant with a red-ink signed approval block to serve as a Certificate of Approval.

880 R.I. Code R. 880-RICR-00-00-4.6

Amended effective 11/27/2018