Section 880-RICR-00-00-5.6 - Program Enrollment5.6.1Enrollment OverviewThe activation of Sites for uses consistent with the Enactment, the Program and these Rules requires that such sites receive all of the engineering, permitting and other pre-development approvals and activities that are necessary to prepare the site for development activity in accordance with the Enactment, the Program and these Rules. Activated sites also need to have the utility, transportation, and other infrastructure necessary to support the proposed use. The Program is intended to provide technical and/or financial assistance to aid in preparing Enrolled Sites for development activity, as described in the Program Guidance.
5.6.2Eligibility for EnrollmentA. For a Site to be eligible for enrollment in the Program, an Enrollment Application for the Site must be submitted to the Corporation and the Site must meet the Enrollment Requirements outlined herein and further described in the Program Guidance. The Program Guidance shall contain the required forms and/or template for the Enrollment Application.B. The Managing Director shall announce via the Corporation's website or other publicly available means the availability of the Enrollment Application and the time periods for receipt of Enrollment Applications, which may include one (1) or more deadlines. Such announcement will include the method via which Enrollment Applications shall be delivered to the Corporation, along with any relevant Enrollment Application deadlines.C. Two (2) types of Sites shall be eligible for enrollment. For both types of Sites, the municipality in which the Site is located must support the Enrollment Application, as evidenced by a Letter of Support from the Chief Executive of the municipality, meaning the City Mayor, Town Manager or equivalent. To apply for enrollment in the Program a Site must either:1. Accommodate upgraded, enhanced or otherwise improved infrastructure within an area of a community in support of the uses outlined in the Enactment; or2. At a minimum, meet the following requirements, as may be further detailed in the Program Guidance: a. The zoning district in which the Site is located allows one (1) or more of the uses described in the Enactment as by-right permitted uses, as evidenced by a statement from the municipal Zoning Enforcement Officer, as designated in accordance with R.I. Gen. Law §45-24-54.b. The Site is a minimum of approximately ten (10) acres in size and/or is anticipated to yield a building of approximately one hundred thousand (100,000) square feet. Alternatively, the Site accommodates expansion of an existing industrial use or facility.c. The Site is within one (1) mile of a designated Arterial roadway, Highway, Freeway, or Expressway as depicted on the "Existing Highway Functional Classification" map, prepared by the R.I. Division of Planning and dated March 11, 2019, as may be updated by the R.I. Division of Planning from time to time (collectively, the "State Highways").D. Each Enrollment Application will be reviewed by the Corporation as described in §5.6.4 of this Part. For sites to be enrolled in the Program, development of the Site for one (1) or more of the uses described in the Enactment must be reasonably feasible, as determined by the Board as outlined herein and outlined in the Program Guidance.5.6.3Enrollment Application FeesAn Applicant may be charged a one (1) time, non-refundable application fee by the Corporation and may be charged fees for ongoing administration in relation to the Site, up to a total amount of five thousand dollars ($5,000.00). A fee schedule, as such may be necessary, shall be published within the Program Guidance, as the same may be amended from time to time.
5.6.4Review of Enrollment ApplicationsA. Each Enrollment Application shall be reviewed by the Program Staff to confirm compliance with the Act, the Enactment, these Rules, and the Program Guidance. The Managing Director may reject any incomplete or deficient Enrollment Application.B. The Managing Director may require the submission of additional information in connection with any Enrollment Application or the revision of an Enrollment Application, and may, in such Managing Director's sole discretion, permit the resubmission of an Enrollment Application that was rejected for being incomplete or deficient.C. Each Site for which an Enrollment Application has been submitted and that meets the eligibility requirements outlined in §5.6.2(C) of this Part will be assessed by the Program Staff for development feasibility (the "Development Feasibility Assessment"). The extent of the Development Feasibility Assessment shall be described in the Program Guidance and shall, at minimum, include assessment of the Site's:2. Size and/or potential building yield;4. Environmental conditions;6. Title and ownership status.D. For Sites proposing only upgraded, enhanced or otherwise improved infrastructure in support of the uses outlined in the Enactment, the Development Feasibility Assessment may be applied to the entire district or area to be serviced by the infrastructure.5.6.5Enrollment of Sites into the ProgramA. For Site's meeting the eligibility requirements outlined in §5.6.2(C) of this Part., upon completion of a Site's Development Feasibility Assessment, the Managing Director shall present the Enrollment Application to the Board at a public meeting of the Board. The presentation to the Board shall include, without limitation, the results of the Development Feasibility Assessment and the Managing Director's recommendation of whether a Site qualifies for enrollment in the Program.B. At a public meeting of the Board, the Board will determine whether to enroll a Site in the Program. For all Enrollment Applications, the Board shall conduct a vote regarding enrollment, and shall include specific findings relative to the Site's development feasibility (the "Enrollment Findings"), which shall be based on the Site's Development Feasibility Assessment. The Board may impose conditions on the enrollment of a Site in the Program as necessary to effectuate the purposes of the Program.C. The Corporation shall not have any obligation to enroll any Site in the Program under the Act, the Enactment or these Rules.D. A review of an Enrollment Application and the Board's decision to enroll or not enroll a Site into the Program shall not constitute a "contested case" under the Administrative Procedures Act, R.I. Gen. Law §42-35-9, and no opportunity to object to an Application shall be afforded, nor shall judicial review be available from a decision rendered by the Corporation, Board, Managing Director or Program Staff in connection with any Enrollment Application.5.6.6Assistance to Enrolled SitesA. Enrolled Sites shall be provided technical assistance with engineering, permitting and other pre-development approvals and activities needed to prepare the Site for development activity in accordance with the Enactment, these Rules and the Program. The technical assistance provided to Enrolled Sites shall constitute the small grants for pre-development as set forth in the Enactment. The assistance provided to each Enrolled Site shall be determined on a case-by-case basis, as deemed necessary by the Managing Director based on review of the Enrollment Application, the results of the Development Feasibility Assessment, and the current status of the Site's engineering and permitting activities. It is intended that each Enrolled Site will be eligible to receive technical assistance in an amount up to two hundred thousand dollars ($200,000.00). However, Enrolled Sites that present more complex development issues or that would enable greater development opportunities may receive additional technical assistance as recommended by the Managing Director and upon approval of the Board. Once the determined technical assistance has been provided to an Enrolled Site and such Enrolled Site is prepared for development activity in accordance with the Enactment, these Rules and the Program, the Corporation shall issue a PrePermitted Certificate to the Enrolled Site.B. Some Enrolled Sites may not require technical assistance to be prepared for development activity. In such cases, Enrolled Sites may be issued a PrePermitted Certificate immediately subsequent to enrollment, and may submit a Capital Investment Application to the Corporation as outlined in § 5.7 of this Part.C. The types of assistance that may be provided to Enrolled Sites shall be outlined in the Program Guidance. Without limiting the generality of the foregoing, the assistance provided may include any of the following activities:2. Wetland flagging and mapping;3. Soil bearing analysis;4. Site and off-site engineering;5. Application for required permits;6. Preparation of environmental remediation plans;8. Community impact analysis;9. Economic analysis; and10. Any other activities necessary to obtain a Pre-Permitted Certificate.880 R.I. Code R. 880-RICR-00-00-5.6
Adopted Effective 11/7/2021