State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-19 > 23-19-35-1

SECTION 23-19-35.1

   § 23-19-35.1  Use of acquired property.– (a) In addition to any other permitted use, the houses and structures acquiredper §§ 23-19-34 and 23-19-35 may, in accordance with procedures setforth in regulation(s) adopted by the corporation, be:

   (i) Sold by the corporation in order to be salvaged or movedto another location;

   (ii) Razed or salvaged by the corporation; or

   (iii) Moved by the corporation to a location greater than onethousand feet (1000') from the entire operational area of the central landfill.

   (b) Notwithstanding any law or regulation to the contrary, inorder to return some of the property purchased pursuant to § 23-19-34 or§ 23-19-35 to the tax rolls, the corporation may sell, for any usepermitted by local zoning, any property acquired pursuant to § 23-19-34 or§ 23-19-35 that is located north of Central Avenue in Johnston, andgreater than one thousand feet (1000') from the entire operational boundary ofthe central landfill. In addition, a covenant shall be placed in the deed ofany real property so sold notifying the purchaser of the presence of thelandfill and protecting the corporation from any legal action by the purchaserwith respect to the environmental impact of it.

   (c) Notwithstanding any law or regulation to the contrary, inorder to return some of the property purchased pursuant to §§23-19-34 and 23-19-35 to the tax rolls, the corporation shall in addition toany other permitted use have the right to sell, rent, lease, transfer orotherwise convey or encumber, any and all land acquired per § 23-19-34 orper § 23-19-35, provided the land is used solely for industrial/businessuses in conformance with the dimensional requirements of the local zoningordinance. In addition, a covenant shall be placed in the deed of any realproperty so sold notifying the purchaser of the presence of the landfill andprotecting the corporation from any legal action by the purchaser with respectto the environmental impact of it.

   (2) The corporation's development of an industrial/businesspark pursuant to this chapter shall be in accordance with the following:

   (i) The corporation may utilize any and all property acquiredpursuant to §§ 23-19-34 and 23-19-35 and/or any property owned by thecorporation located south of Central Pike, west of Old Pocasset Road, to theintersection of Old Pocasset Road and Scituate Avenue, then west of Route 295,bounded to the south by the northern shore (mean high water line) of the UpperSimmons Reservoir and the Lower Simmons Reservoir, for the development of theindustrial/business park.

   (ii) The corporation may retain ownership of the land thatcomprises the industrial/business park and/or may sell or lease portions of theindustrial/business park to other public or private entities.

   (iii) The industrial/business park may be utilized for anyand all permitted business, manufacturing and/or industrial uses authorized bythe town of Johnston zoning ordinance in any zoning district for all zoningdistricts notwithstanding the underlining zoning district designation of thesubject land.

   (iv) The corporation may not extend the operational portionof the central landfill into any portion of the industrial/business park.

   (v) The corporation's development of the industrial/businesspark shall be in compliance with the dimensional requirements of the town ofJohnston zoning ordinance.

   (vi) The corporation shall maintain a one hundred (100) footwide vegetated buffer between any portion of the industrial/business park andany adjacent property being used for residential purposes.

   (vii) The corporation's development of theindustrial/business park shall not be effected by any change in the town ofJohnston's zoning or subdivision ordinances enacted after December 31, 2000.

   (d) Notwithstanding any law or regulation to the contrary, inorder to return some of the property purchased pursuant to § 23-19-35 tothe tax rolls, the corporation may sell, for any use permitted by local zoning,any property acquired to § 23-19-35 in which the primary structure on theproperty is located greater than two thousand feet (2000') from the entireoperational portion of the central landfill. The corporation may sell all ofthese parcels and all structures thereon for any use permitted by local zoning.In addition, a covenant shall be placed in the deed of any real property sosold notifying the purchaser of the presence of the landfill and protecting thecorporation from any legal action by the purchaser with respect to theenvironmental impact of it.

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-19 > 23-19-35-1

SECTION 23-19-35.1

   § 23-19-35.1  Use of acquired property.– (a) In addition to any other permitted use, the houses and structures acquiredper §§ 23-19-34 and 23-19-35 may, in accordance with procedures setforth in regulation(s) adopted by the corporation, be:

   (i) Sold by the corporation in order to be salvaged or movedto another location;

   (ii) Razed or salvaged by the corporation; or

   (iii) Moved by the corporation to a location greater than onethousand feet (1000') from the entire operational area of the central landfill.

   (b) Notwithstanding any law or regulation to the contrary, inorder to return some of the property purchased pursuant to § 23-19-34 or§ 23-19-35 to the tax rolls, the corporation may sell, for any usepermitted by local zoning, any property acquired pursuant to § 23-19-34 or§ 23-19-35 that is located north of Central Avenue in Johnston, andgreater than one thousand feet (1000') from the entire operational boundary ofthe central landfill. In addition, a covenant shall be placed in the deed ofany real property so sold notifying the purchaser of the presence of thelandfill and protecting the corporation from any legal action by the purchaserwith respect to the environmental impact of it.

   (c) Notwithstanding any law or regulation to the contrary, inorder to return some of the property purchased pursuant to §§23-19-34 and 23-19-35 to the tax rolls, the corporation shall in addition toany other permitted use have the right to sell, rent, lease, transfer orotherwise convey or encumber, any and all land acquired per § 23-19-34 orper § 23-19-35, provided the land is used solely for industrial/businessuses in conformance with the dimensional requirements of the local zoningordinance. In addition, a covenant shall be placed in the deed of any realproperty so sold notifying the purchaser of the presence of the landfill andprotecting the corporation from any legal action by the purchaser with respectto the environmental impact of it.

   (2) The corporation's development of an industrial/businesspark pursuant to this chapter shall be in accordance with the following:

   (i) The corporation may utilize any and all property acquiredpursuant to §§ 23-19-34 and 23-19-35 and/or any property owned by thecorporation located south of Central Pike, west of Old Pocasset Road, to theintersection of Old Pocasset Road and Scituate Avenue, then west of Route 295,bounded to the south by the northern shore (mean high water line) of the UpperSimmons Reservoir and the Lower Simmons Reservoir, for the development of theindustrial/business park.

   (ii) The corporation may retain ownership of the land thatcomprises the industrial/business park and/or may sell or lease portions of theindustrial/business park to other public or private entities.

   (iii) The industrial/business park may be utilized for anyand all permitted business, manufacturing and/or industrial uses authorized bythe town of Johnston zoning ordinance in any zoning district for all zoningdistricts notwithstanding the underlining zoning district designation of thesubject land.

   (iv) The corporation may not extend the operational portionof the central landfill into any portion of the industrial/business park.

   (v) The corporation's development of the industrial/businesspark shall be in compliance with the dimensional requirements of the town ofJohnston zoning ordinance.

   (vi) The corporation shall maintain a one hundred (100) footwide vegetated buffer between any portion of the industrial/business park andany adjacent property being used for residential purposes.

   (vii) The corporation's development of theindustrial/business park shall not be effected by any change in the town ofJohnston's zoning or subdivision ordinances enacted after December 31, 2000.

   (d) Notwithstanding any law or regulation to the contrary, inorder to return some of the property purchased pursuant to § 23-19-35 tothe tax rolls, the corporation may sell, for any use permitted by local zoning,any property acquired to § 23-19-35 in which the primary structure on theproperty is located greater than two thousand feet (2000') from the entireoperational portion of the central landfill. The corporation may sell all ofthese parcels and all structures thereon for any use permitted by local zoning.In addition, a covenant shall be placed in the deed of any real property sosold notifying the purchaser of the presence of the landfill and protecting thecorporation from any legal action by the purchaser with respect to theenvironmental impact of it.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-19 > 23-19-35-1

SECTION 23-19-35.1

   § 23-19-35.1  Use of acquired property.– (a) In addition to any other permitted use, the houses and structures acquiredper §§ 23-19-34 and 23-19-35 may, in accordance with procedures setforth in regulation(s) adopted by the corporation, be:

   (i) Sold by the corporation in order to be salvaged or movedto another location;

   (ii) Razed or salvaged by the corporation; or

   (iii) Moved by the corporation to a location greater than onethousand feet (1000') from the entire operational area of the central landfill.

   (b) Notwithstanding any law or regulation to the contrary, inorder to return some of the property purchased pursuant to § 23-19-34 or§ 23-19-35 to the tax rolls, the corporation may sell, for any usepermitted by local zoning, any property acquired pursuant to § 23-19-34 or§ 23-19-35 that is located north of Central Avenue in Johnston, andgreater than one thousand feet (1000') from the entire operational boundary ofthe central landfill. In addition, a covenant shall be placed in the deed ofany real property so sold notifying the purchaser of the presence of thelandfill and protecting the corporation from any legal action by the purchaserwith respect to the environmental impact of it.

   (c) Notwithstanding any law or regulation to the contrary, inorder to return some of the property purchased pursuant to §§23-19-34 and 23-19-35 to the tax rolls, the corporation shall in addition toany other permitted use have the right to sell, rent, lease, transfer orotherwise convey or encumber, any and all land acquired per § 23-19-34 orper § 23-19-35, provided the land is used solely for industrial/businessuses in conformance with the dimensional requirements of the local zoningordinance. In addition, a covenant shall be placed in the deed of any realproperty so sold notifying the purchaser of the presence of the landfill andprotecting the corporation from any legal action by the purchaser with respectto the environmental impact of it.

   (2) The corporation's development of an industrial/businesspark pursuant to this chapter shall be in accordance with the following:

   (i) The corporation may utilize any and all property acquiredpursuant to §§ 23-19-34 and 23-19-35 and/or any property owned by thecorporation located south of Central Pike, west of Old Pocasset Road, to theintersection of Old Pocasset Road and Scituate Avenue, then west of Route 295,bounded to the south by the northern shore (mean high water line) of the UpperSimmons Reservoir and the Lower Simmons Reservoir, for the development of theindustrial/business park.

   (ii) The corporation may retain ownership of the land thatcomprises the industrial/business park and/or may sell or lease portions of theindustrial/business park to other public or private entities.

   (iii) The industrial/business park may be utilized for anyand all permitted business, manufacturing and/or industrial uses authorized bythe town of Johnston zoning ordinance in any zoning district for all zoningdistricts notwithstanding the underlining zoning district designation of thesubject land.

   (iv) The corporation may not extend the operational portionof the central landfill into any portion of the industrial/business park.

   (v) The corporation's development of the industrial/businesspark shall be in compliance with the dimensional requirements of the town ofJohnston zoning ordinance.

   (vi) The corporation shall maintain a one hundred (100) footwide vegetated buffer between any portion of the industrial/business park andany adjacent property being used for residential purposes.

   (vii) The corporation's development of theindustrial/business park shall not be effected by any change in the town ofJohnston's zoning or subdivision ordinances enacted after December 31, 2000.

   (d) Notwithstanding any law or regulation to the contrary, inorder to return some of the property purchased pursuant to § 23-19-35 tothe tax rolls, the corporation may sell, for any use permitted by local zoning,any property acquired to § 23-19-35 in which the primary structure on theproperty is located greater than two thousand feet (2000') from the entireoperational portion of the central landfill. The corporation may sell all ofthese parcels and all structures thereon for any use permitted by local zoning.In addition, a covenant shall be placed in the deed of any real property sosold notifying the purchaser of the presence of the landfill and protecting thecorporation from any legal action by the purchaser with respect to theenvironmental impact of it.