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Rhode Island House Bill H6081

Rhode Island 2023 Regular Session

Rhode Island House Bill H6081 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INCOME HOUS ING
1616 Introduced By: Representatives Shekarchi, Speakman, Knight, Donovan, Tanzi, Cruz,
1717 Cortvriend, Casey, and Potter
1818 Date Introduced: March 03, 2023
1919 Referred To: House Municipal Government & Housing
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 45-53-3 and 45-53-4 of the General Laws in Chapter 45-53 entitled 1
2424 "Low and Moderate Income Housing" are hereby amended to read as follows: 2
2525 45-53-3. Definitions Definitions -- Effective January 1, 2024. 3
2626 The following words, wherever used in this chapter, unless a different meaning clearly 4
2727 appears from the context, have the following meanings: 5
2828 (1) "Adjustment(s)" means a request, or requests by the applicant to seek relief from the 6
2929 literal use and dimensional requirements of the municipal zoning ordinance and/or the design 7
3030 standards or requirements of the municipal land development and subdivision regulations. The 8
3131 standard for the local review board’s consideration of adjustments is set forth in § 45-53-9
32-4(D)(2)(iii)(E)(II). 10
32+4(C)(2)(iii)(E)(II). 10
3333 (1)(2) “Affordable housing plan” means a component of a housing element, as defined in 11
34-§ 45-22.2-4(1), to meet that adresses housing needs in a city or town that is prepared in accordance 12
35-with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-13
36-4(b)(1) and (c). 14
34+§ 45-22.2-4(1), to meet that complies with housing needs in a city or town that is prepared in 12
35+accordance with guidelines adopted by the state planning council, and/or to meet the provisions of 13
36+§ 45-53-4(b)(1) and (c). 14
3737 (2)(3) “Approved affordable housing plan” means an affordable housing plan that has been 15
3838 approved by the director of administration as meeting the guidelines for the local comprehensive 16
3939 plan as promulgated by the state planning council; provided, however, that state review and 17
4040 approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town 18
4141 having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § 19
4242
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4545 45-22.2-9, or § 45-22.2-9. 1
4646 (3)(4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city 2
4747 or town pursuant to chapters 22.2 and 22.3 of this title. 3
4848 (4)(5) “Consistent with local needs” means reasonable in view of the state need for low- 4
4949 and moderate-income housing, considered with the number of low-income persons in the city or 5
5050 town affected and the need to protect the health and safety of the occupants of the proposed housing 6
5151 or of the residents of the city or town, to promote better site and building design in relation to the 7
5252 surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, 8
5353 requirements, and regulations are applied as equally as possible to both subsidized and 9
5454 unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are 10
5555 consistent with local needs when imposed by a city or town council after a comprehensive hearing 11
5656 in a city or town where: 12
5757 (i) Low- or moderate-income housing exists which is: (A) In the case of an urban city or 13
5858 town which has at least 5,000 occupied year-round rental units and the units, as reported in the 14
5959 latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-15
6060 round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round 16
6161 rental units; or (B) In the case of all other cities or towns, is in excess of ten percent (10%) of the 17
6262 year-round housing units reported in the census. 18
6363 (ii) The city or town has promulgated zoning or land use ordinances, requirements, and 19
6464 regulations to implement a comprehensive plan that has been adopted and approved pursuant to 20
6565 chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides 21
6666 for low- and moderate-income housing in excess of either ten percent (10%) of the year-round 22
6767 housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided 23
6868 in subdivision (4)(i). 24
6969 (iii) Multi-family rental units built under a comprehensive permit may be calculated 25
7070 towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, 26
7171 as long as the units meet and are in compliance with the provisions of § 45-53-3.1. 27
7272 (5)(6) “Infeasible” means any condition brought about by any single factor or combination 28
7373 of factors, as a result of limitations imposed on the development by conditions attached to the 29
7474 approval of the comprehensive permit, to the extent that it makes it impossible for a public agency, 30
75-nonprofit organization, or limited equity housing cooperative financially or logistically 31
76-impracticable for any applicant to proceed in building or operating low- or moderate-income 32
77-housing without financial loss, within the limitations set by the subsidizing agency of government 33
78-or local review board, on the size or character of the development, on the amount or nature of the 34
75+nonprofit organization, or limited equity housing cooperative financially or logistically impractical 31
76+for any applicant to proceed in building or operating low- or moderate-income housing without 32
77+financial loss, within the limitations set by the subsidizing agency of government or local review 33
78+board, on the size or character of the development, on the amount or nature of the subsidy, or on 34
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82-subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the 1
83-rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity 2
84-housing cooperative applicant. 3
81+LC002127 - Page 3 of 16
82+the tenants, rentals, and income permissible, and without substantially changing the rent levels and 1
83+unit sizes proposed by the public agency, nonprofit organization, or limited equity housing 2
84+cooperative applicant. 3
8585 (6)(7) “Letter of eligibility” means a letter issued by the Rhode Island housing and 4
8686 mortgage finance corporation in accordance with § 42-55-5.3(a). 5
87-(7) “Local board” means any town or city official, zoning board of review, planning board 6
88-or commission, board of appeal or zoning enforcement officer, local conservation commission, 7
89-historic district commission, or other municipal board having supervision of the construction of 8
90-buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws. 9
91-(8) “Local review board” means the planning board as defined by § 45-22.2-4(20), or if 10
92-designated by ordinance as the board to act on comprehensive permits for the town, the zoning 11
93-board of review established pursuant to § 45-24-56. 12
94-(9) “Low- or moderate-income housing” shall be synonymous with “affordable housing” 13
95-as defined in § 42-128-8.1, and further means any housing whether built or operated by any public 14
96-agency or any nonprofit organization or by any limited equity housing cooperative or any private 15
97-developer, that is subsidized by a federal, state, or municipal government subsidy under any 16
98-program to assist the construction or rehabilitation of housing affordable housing to low- or 17
99-moderate-income households, as defined in the applicable federal or state statute, or local ordinance 18
100-and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99) 19
101-years or such other period that is either agreed to by the applicant and town or prescribed by the 20
102-federal, state, or municipal government subsidy program but that is not less than thirty (30) years 21
103-from initial occupancy. 22
104-(10) “Meeting local housing needs” means as a result of the adoption of the implementation 23
105-program of an approved affordable housing plan and, the absence of unreasonable denial of 24
106-applications that are made pursuant to an approved affordable housing plan in order to accomplish 25
107-the purposes and expectations of the approved affordable housing plan, and a showing that at least 26
108-twenty percent (20%) of the total residential units approved by a local review board or any other 27
109-municipal board in a calendar year are for low- and moderate-income housing as defined in § 42-28
110-128-8.1. 29
111-(11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island 30
112-housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight 31
113-set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4. 32
114-(12) “Municipal government subsidy” means assistance that is made available through a 33
115-city or town program sufficient to make housing affordable, as affordable housing is defined in § 34
87+(7)(8) “Local board” means any town or city official, zoning board of review, planning 6
88+board or commission, board of appeal or zoning enforcement officer, local conservation 7
89+commission, historic district commission, or other municipal board having supervision of the 8
90+construction of buildings or the power of enforcing land use regulations, such as subdivision, or 9
91+zoning laws. 10
92+(8)(9) “Local review board” means the planning board as defined by § 45-22.2-4(20), or if 11
93+designated by ordinance as the board to act on comprehensive permits for the town, the zoning 12
94+board of review established pursuant to § 45-24-56. 13
95+(9)(10) “Low- or moderate-income housing” means any housing whether built or operated 14
96+by any public agency or any nonprofit organization or by any limited equity housing cooperative 15
97+or any private developer, that is subsidized by a federal, state, or municipal government subsidy 16
98+under any program to assist the construction or rehabilitation of housing affordable to housing for 17
99+low- or moderate-income households, as defined in the applicable federal or state statute, or local 18
100+ordinance § 42-128-8.1 and that will remain affordable through a land lease and/or deed restriction 19
101+for ninety-nine (99) years or such other period that is either agreed to by the applicant and town or 20
102+prescribed by the federal, state, or municipal government subsidy program but that is not less than 21
103+thirty (30) years from initial occupancy. 22
104+(10)(11) “Meeting local housing needs” means as a result of the adoption of the 23
105+implementation program of an approved affordable housing plan and , the absence of unreasonable 24
106+denial of applications that are made pursuant to an approved affordable housing plan in order to 25
107+accomplish the purposes and expectations of the approved affordable housing plan, and a showing 26
108+that at least twenty percent (20%) of the total residential units approved by a local review board or 27
109+any other municipal board in a calendar year are for low- and moderate-income housing as defined 28
110+in § 42-128-8.1. 29
111+(11)(12) “Monitoring agents” means those monitoring agents appointed by the Rhode 30
112+Island housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and 31
113+oversight set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4. 32
114+(12)(13) “Municipal government subsidy” means assistance that is made available through 33
115+a city or town program sufficient to make housing affordable, as affordable housing is defined in § 34
116116
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119119 42-128-8.1(d)(1); such assistance may shall include a combination of, but is not limited to, direct 1
120120 financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses 2
121121 and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any 3
122122 combination of forms of assistance. 4
123123 45-53-4. Procedure for approval of construction of low- or moderate-income housing 5
124124 Procedure for approval of construction of low- or moderate-income housing -- Effective 6
125125 January 1, 2024. 7
126126 (a) Any applicant proposing to build low- or moderate-income housing may submit to the 8
127127 local review board a single application for a comprehensive permit to build that housing in lieu of 9
128128 separate applications to the applicable local boards. This procedure is only available for proposals 10
129129 in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 11
130-(b) Municipal government subsidies, including adjustments and zoning incentives are to 12
131-be made available to applications under this chapter to offset the differential costs of the low- or 13
132-moderate-incoming housing units in a development under this chapter. At a minimum, the 14
133-following zoning incentives shall be allowed for projects submitted under this chapter: 15
134-(1) Density bonus. A municipality shall provide an applicant with more dwelling units than 16
135-allowed by right under its zoning ordinance in the form of a density bonus to allow an increase in 17
136-the allowed dwelling units per acre (DU/A), as well as other incentives and municipal government 18
137-subsidies as defined in § 45-53-3. Furthermore, a municipality shall provide, at a minimum, the 19
138-following density bonuses for projects submitted under this chapter, provided that the total land 20
139-utilized in the density calculation shall exclude wetlands, wetland buffers, area devoted to 21
140-infrastructure necessary for development and easements or rights of way of record: 22
141-(i) For properties connected to public sewer and water, or eligible to be connected to public 23
142-sewer and water based on written confirmation from each respective service provider, the density 24
143-bonus for a project which provides at least twenty-five percent (25%) low- and moderate-income 25
144-housing shall be at least five (5) units per acre; 26
145-(ii) For properties connected to public sewer and water, or eligible to be connected to public 27
146-sewer and water based on written confirmation from each respective service provider, the density 28
147-bonus for a project which provides at least fifty percent (50%) low- and moderate-income housing 29
148-shall be at least nine (9) units per acre; 30
149-(iii) For properties connected to public sewer and water, or eligible to be connected to 31
150-public sewer and water based on written confirmation from each respective service provider, the 32
151-density bonus for a project which provides one hundred percent (100%) low- and moderate-income 33
152-housing shall be at least twelve (12) units per acre; 34
130+(b) Municipal government subsidies, adjustments and zoning incentives are to be made 12
131+available to applications under this chapter, which shall include, but not be limited to: 13
132+(1) A municipality shall provide an applicant with more dwelling units than allowed by 14
133+right under its zoning ordinance in the form of a density bonus of at least a thirty percent (30%) 15
134+increase in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal 16
135+government subsidies as defined in § 45-53-3. Such zoning incentives, adjustment and municipal 17
136+government subsidies shall be established by the municipality and shall apply to offset differential 18
137+costs of below-market units. The allowed dwelling units per acre (DU/A) shall be calculated based 19
138+upon the total lot area of the property and the minimum lot size requirements of the underlying 20
139+zoning district in which the property is located; 21
140+(2) A larger density bonus shall be approved by a municipality for projects containing 22
141+greater than the threshold of twenty-five percent (25%) of low- and moderate-income housing 23
142+required under this chapter. A density bonus shall be calculated based upon the total lot area of the 24
143+property and the minimum lot size requirements of the underlying zoning district in which the 25
144+property is located; 26
145+(3) A municipality shall not require more than one off-street parking space per dwelling 27
146+unit in applications submitted under this chapter; 28
147+(4) A municipality shall not limit the number of bedrooms for applications submitted under 29
148+this chapter to anything less than three (3) bedrooms per dwelling unit; 30
149+(5) A municipality shall not utilize floor area requirements to limit any application, except 31
150+as provided by § 45-24.3-11; 32
151+(6) A municipality shall not restrict comprehensive permit applications and permits by any 33
152+locally adopted ordinance or policy that places a limit or moratorium on the development of 34
153153
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156-(iv) For properties not connected to either public water or sewer or both, but which provide 1
157-competent evidence as to the availability of water to service the development and/or a permit for 2
158-on-site wastewater treatment facilities to service the dwelling units from the applicable state 3
159-agency, the density bonus for a project which provides at least twenty-five percent (25%) low- and 4
160-moderate-income housing shall be at least three (3) units per acre; 5
161-(v) For properties not connected to either public water or sewer or both, but which provide 6
162-competent evidence as to the availability of water to service the development and/or a permit for 7
163-on-site wastewater treatment facilities to service the dwelling units from the applicable state 8
164-agency, the density bonus for a project which provides at least fifty percent (50%) low- and 9
165-moderate-income housing shall be at least five (5) units per acre; 10
166-(vi) For properties not connected to either public water or sewer or both, but which provide 11
167-competent evidence as to the availability of water to service the development and/or a permit for 12
168-on-site wastewater treatment facilities to service the dwelling units from the applicable state 13
169-agency, the density bonus for a project which provides one hundred percent (100%) low- and 14
170-moderate-income housing shall be at least eight (8) units per acre; 15
171-(2) Parking. A municipality shall not require more than one off-street parking space per 16
172-dwelling unit for units up to and including two (2) bedrooms in applications submitted under this 17
173-chapter; 18
174-(3) Bedrooms. A municipality shall not limit the number of bedrooms for applications 19
175-submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single 20
176-family dwelling units; 21
177-(4) Floor area. A municipality shall not utilize floor area requirements to limit any 22
178-application, except as provided by § 45-24.3-11; 23
179-(c) A municipality shall not restrict comprehensive permit applications and permits by any 24
180-locally adopted ordinance or policy that places a limit or moratorium on the development of 25
181-residential units. 26
182-(d) The application and review process for a comprehensive permit shall be as follows: 27
183-(1) Submission requirements. Applications for a comprehensive permit shall include: 28
184-(i) A letter of eligibility issued by the Rhode Island housing and mortgage finance 29
185-corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 30
186-Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 31
187-application in such form as may be prescribed for a municipal government subsidy; and 32
188-(ii) A written request to the local review board to submit a single application to build or 33
189-rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local 34
155+LC002127 - Page 5 of 16
156+residential units. 1
157+(c) The application and review process for a comprehensive permit shall be as follows: 2
158+(1) Submission requirements. Applications for a comprehensive permit shall include: 3
159+(i) A letter of eligibility issued by the Rhode Island housing and mortgage finance 4
160+corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 5
161+Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 6
162+application in such form as may be prescribed for a municipal government subsidy; and 7
163+(ii) A written request to the local review board to submit a single application to build or 8
164+rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local 9
165+boards. The written request shall identify the specific sections and provisions of applicable local 10
166+ordinances and regulations from which the applicant is seeking relief; and 11
167+(iii) A proposed timetable for the commencement of construction and completion of the 12
168+project; and 13
169+(iv) A sample land lease or deed restriction with affordability liens that will restrict use as 14
170+low- and moderate-income housing in conformance with the guidelines of the agency providing 15
171+the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 16
172+years; and 17
173+(v) Identification of an approved entity that will monitor the long-term affordability of the 18
174+low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include 19
175+the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and 20
176+acting through its monitoring agents, and these agents shall monitor the long-term affordability of 21
177+the low- and moderate-income units pursuant to § 45-53-3.2; and 22
178+(vi) A financial pro-forma for the proposed development; and 23
179+(vii) For comprehensive permit applications: (A) Not involving major land developments 24
180+or major subdivisions including, but not limited to, applications seeking relief from specific 25
181+provisions of a local zoning ordinance, or involving administrative subdivisions, minor land 26
182+developments or minor subdivisions, or other local ordinances and regulations: those items required 27
183+by local regulations promulgated pursuant to applicable state law, with the exception of evidence 28
184+of state or federal permits; and for comprehensive permit applications; and (B) Involving major 29
185+land developments and major subdivisions, unless otherwise agreed to by the applicant and the 30
186+town; those items included in the checklist for the master plan in the local regulations promulgated 31
187+pursuant to § 45-23-40. Subsequent to master plan approval, the applicant must submit those items 32
188+included in the checklist for a preliminary plan for a major land development or major subdivision 33
189+project in the local regulations promulgated pursuant to § 45-23-41, with the exception of evidence 34
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193-boards. The written request shall identify the specific sections and provisions of applicable local 1
194-ordinances and regulations from which the applicant is seeking relief; and 2
195-(iii) A proposed timetable for the commencement of construction and completion of the 3
196-project; and 4
197-(iv) A sample land lease or deed restriction with affordability liens that will restrict use as 5
198-low- and moderate-income housing in conformance with the guidelines of the agency providing 6
199-the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 7
200-years; and 8
201-(v) Identification of an approved entity that will monitor the long-term affordability of the 9
202-low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include 10
203-the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and 11
204-acting through its monitoring agents, and these agents shall monitor the long-term affordability of 12
205-the low- and moderate-income units pursuant to § 45-53-3.2; and 13
206-(vi) A financial pro-forma for the proposed development; and 14
207-(vii) For comprehensive permit applications: (A) Not involving major land developments 15
208-or major subdivisions including, but not limited to, applications seeking relief from specific 16
209-provisions of a local zoning ordinance, or involving administrative subdivisions, minor land 17
210-developments or minor subdivisions, or other local ordinances and regulations: those items required 18
211-by local regulations promulgated pursuant to applicable state law, with the exception of evidence 19
212-of state or federal permits; and for comprehensive permit applications; and (B) Involving major 20
213-land developments and major subdivisions, unless otherwise agreed to by the applicant and the 21
214-town; those items included in the checklist for the master plan in the local regulations promulgated 22
215-pursuant to § 45-23-40. Subsequent to master plan approval, the applicant must submit those items 23
216-included in the checklist for a preliminary plan for a major land development or major subdivision 24
217-project in the local regulations promulgated pursuant to § 45-23-41, with the exception of evidence 25
218-of state or federal permits. All required state and federal permits must be obtained prior to the final 26
219-plan approval or the issuance of a building permit; and 27
220-(viii) Municipalities may impose fees on comprehensive permit applications that are 28
221-consistent with but do not exceed fees that would otherwise be assessed for a project of the same 29
222-scope and type but not proceeding under this chapter, provided, however, that the imposition of 30
223-such fees shall not preclude a showing by a nonprofit applicant that the fees make the project 31
224-financially infeasible; and 32
225-(xi) Notwithstanding the submission requirements set forth above, the local review board 33
226-may request additional, reasonable documentation throughout the public hearing, including, but not 34
192+LC002127 - Page 6 of 16
193+of state or federal permits. All required state and federal permits must be obtained prior to the final 1
194+plan approval or the issuance of a building permit; and 2
195+(viii) Municipalities may impose fees on comprehensive permit applications that are 3
196+consistent with but do not exceed fees that would otherwise be assessed for a project of the same 4
197+scope and type but not proceeding under this chapter, provided, however, that the imposition of 5
198+such fees shall not preclude a showing by a nonprofit applicant that the fees make the project 6
199+financially infeasible; and 7
200+(xi) Notwithstanding the submission requirements set forth above, the local review board 8
201+may request additional, reasonable documentation throughout the public hearing, including, but not 9
202+limited to, opinions of experts, credible evidence of application for necessary federal and/or state 10
203+permits, statements and advice from other local boards and officials. 11
204+(2) Certification of completeness. The application must be certified complete or incomplete 12
205+by the administrative officer according to the provisions of § 45-23-36; provided, however, that for 13
206+a major land development or major subdivision, the certificate for a master plan shall be granted 14
207+within twenty-five (25) days and for a preliminary plan shall be granted within twenty-five (25) 15
208+days. The running of the time period set forth herein will be deemed stopped upon the issuance of 16
209+a certificate of incompleteness of the application by the administrative officer and will recommence 17
210+upon the resubmission of a corrected application by the applicant. However, in no event will the 18
211+administrative officer be required to certify a corrected submission as complete or incomplete less 19
212+than ten (10) days after its resubmission. If the administrative officer certifies the application as 20
213+incomplete, the officer shall set forth in writing with specificity the missing or incomplete items. 21
214+(3)(1) Pre-application conference. Where the comprehensive permit application proposal 22
215+is a major land development project or a major subdivision pursuant to chapter 23 of this title for a 23
216+project in excess of twenty (20) units and/or for property in excess of five (5) acres, a municipality 24
217+may require an applicant proposing a project under this chapter to first schedule a pre-application 25
218+conference with the local review board, the technical review committee established pursuant to § 26
219+45-23-56, or with the administrative officer for the local review board and other local officials, as 27
220+appropriate. To request a pre-application conference, the applicant shall submit only a short 28
221+description of the project in writing including the number of units, type of housing, as well as a 29
222+location map, and conceptual site plan. The purpose of the pre-application conference shall be to 30
223+review a concept plan of the proposed development and to elicit feedback from the reviewing 31
224+person or board. Upon receipt of a request by an applicant for a pre-application conference, the 32
225+municipality has shall have thirty (30) days to schedule and hold the pre-application conference. If 33
226+thirty (30) days has elapsed from the filing of the pre-application submission and no pre-application 34
227227
228228
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230-limited to, opinions of experts, credible evidence of application for necessary federal and/or state 1
231-permits, statements and advice from other local boards and officials. 2
232-(2) Certification of completeness. The application must be certified complete or incomplete 3
233-by the administrative officer according to the provisions of § 45-23-36; provided, however, that for 4
234-a major land development or major subdivision, the certificate for a master plan shall be granted 5
235-within twenty-five (25) days and for a preliminary plan shall be granted within twenty-five (25) 6
236-days. The running of the time period set forth herein will be deemed stopped upon the issuance of 7
237-a certificate of incompleteness of the application by the administrative officer and will recommence 8
238-upon the resubmission of a corrected application by the applicant. However, in no event will the 9
239-administrative officer be required to certify a corrected submission as complete or incomplete less 10
240-than ten (10) days after its resubmission. If the administrative officer certifies the application as 11
241-incomplete, the officer shall set forth in writing with specificity the missing or incomplete items. 12
242-(3)(1) Pre-application conference. Where the comprehensive permit application proposal 13
243-is a major land development project or a major subdivision pursuant to chapter 23 of this title a A 14
244-municipality may require an applicant proposing a project under this chapter to first schedule 15
245-complete, or the applicant proposing a project under this chapter may request a pre-application 16
246-conference with the local review board, the technical review committee established pursuant to § 17
247-45-23-56, or with the administrative officer for the local review board and other local officials, as 18
248-appropriate. To request In advance of a pre-application conference, the applicant shall be required 19
249-to submit only a short description of the project in writing including the number of units, type of 20
250-housing, density analysis, preliminary list of adjustments needed, as well as a location map, and 21
251-conceptual site plan. The purpose of the pre-application conference shall be to review a concept 22
252-plan of the proposed development and to elicit feedback from the reviewing person or board. Upon 23
253-receipt of a request by an applicant for a pre-application conference, the municipality has shall have 24
254-thirty (30) days to schedule and hold the pre-application conference, unless a different timeframe 25
255-is agreed to by the applicant in writing. If thirty (30) days has elapsed from the filing of the pre-26
256-application submission and no pre-application conference has taken place, nothing shall be deemed 27
257-to preclude an applicant from thereafter filing and proceeding with an application for preliminary 28
258-plan review for a comprehensive permit. 29
259-(4) Review of applications. An application filed in accordance with this chapter shall be 30
260-reviewed by the local review board at a public hearing in accordance with the following provisions: 31
261-(i) Notification. Upon issuance of a certificate of completeness for a comprehensive permit, 32
262-the local review board shall immediately notify each local board, as applicable, of the filing of the 33
263-application, by sending a copy to the local boards and to other parties entitled to notice of hearings 34
229+LC002127 - Page 7 of 16
230+conference has taken place, nothing shall be deemed to preclude an applicant from thereafter filing 1
231+and proceeding with an application for preliminary plan review for a comprehensive permit. 2
232+(4) Review of applications. An application filed in accordance with this chapter shall be 3
233+reviewed by the local review board at a public hearing in accordance with the following provisions: 4
234+(i) Notification. Upon issuance of a certificate of completeness for a comprehensive permit, 5
235+the local review board shall immediately notify each local board, as applicable, of the filing of the 6
236+application, by sending a copy to the local boards and to other parties entitled to notice of hearings 7
237+on applications under the zoning ordinance and/or land development and subdivision regulations 8
238+as applicable. 9
239+(ii) Public notice. Public notice for all public hearings will be the same notice required 10
240+under local regulations for a public hearing for a preliminary plan promulgated in accordance with 11
241+§ 45-23-42. The cost of notice shall be paid by the applicant. 12
242+(iii) Review of minor projects. The review of a comprehensive permit application involving 13
243+only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief 14
244+from other local regulations or ordinances not otherwise addressed in this subsection, shall be 15
245+conducted following the procedures in the applicable local regulations, with the exception that all 16
246+minor land developments or minor subdivisions under this section are required to hold a public 17
247+hearing on the application, and within ninety-five (95) days of issuance of the certificate of 18
248+completeness, or within such further time as is agreed to by the applicant and the local review 19
249+board, render a decision. 20
250+(iv) Review of major projects. In the review of a comprehensive permit application 21
251+involving a major land development and/or major subdivision, the local review board shall hold a 22
252+public hearing on the master plan and shall, within ninety (90) days of issuance of the certification 23
253+of completeness, or within such further amount of time as may be agreed to by the local review 24
254+board and the applicant, render a decision. Preliminary and final plan review shall be conducted 25
255+according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise 26
256+specified in this section. 27
257+(2) Preliminary plan review. 28
258+(i) Submission requirements.-- Applications for preliminary plan review under this chapter 29
259+shall include: 30
260+(A) A letter of eligibility issued by the Rhode Island housing and mortgage finance 31
261+corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 32
262+Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 33
263+application in such form as may be prescribed for a municipal government subsidy; and 34
264264
265265
266-LC002127/SUB A - Page 8 of 17
267-on applications under the zoning ordinance and/or land development and subdivision regulations 1
268-as applicable. 2
269-(ii) Public notice. Public notice for all public hearings will be the same notice required 3
270-under local regulations for a public hearing for a preliminary plan promulgated in accordance with 4
271-§ 45-23-42. The cost of notice shall be paid by the applicant. 5
272-(iii) Review of minor projects. The review of a comprehensive permit application involving 6
273-only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief 7
274-from other local regulations or ordinances not otherwise addressed in this subsection, shall be 8
275-conducted following the procedures in the applicable local regulations, with the exception that all 9
276-minor land developments or minor subdivisions under this section are required to hold a public 10
277-hearing on the application, and within ninety-five (95) days of issuance of the certificate of 11
278-completeness, or within such further time as is agreed to by the applicant and the local review 12
279-board, render a decision. 13
280-(iv) Review of major projects. In the review of a comprehensive permit application 14
281-involving a major land development and/or major subdivision, the local review board shall hold a 15
282-public hearing on the master plan and shall, within ninety (90) days of issuance of the certification 16
283-of completeness, or within such further amount of time as may be agreed to by the local review 17
284-board and the applicant, render a decision. Preliminary and final plan review shall be conducted 18
285-according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise 19
286-specified in this section. 20
287-(2) Preliminary plan review. 21
288-(i) Submission requirements.-- Applications for preliminary plan review under this chapter 22
289-shall include: 23
290-(A) A letter of eligibility issued by the Rhode Island housing and mortgage finance 24
291-corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 25
292-Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 26
293-application in such form as may be prescribed for a municipal government subsidy; and 27
294-(B) A letter signed by the authorized representative of the applicant, setting forth the 28
295-specific sections and provisions of applicable local ordinances and regulations from which the 29
296-applicant is seeking adjustments; and 30
297-(C) A proposed timetable for the commencement of construction and completion of the 31
298-project; and 32
299-(D) Those items required by local regulations promulgated pursuant to applicable state law, 33
300-with the exception of evidence of state or federal permits; and for comprehensive permit 34
266+LC002127 - Page 8 of 16
267+(B) A letter signed by the authorized representative of the applicant, setting forth the 1
268+specific sections and provisions of applicable local ordinances and regulations from which the 2
269+applicant is seeking adjustments; and 3
270+(C) A proposed timetable for the commencement of construction and completion of the 4
271+project; and 5
272+(D) Those items required by local regulations promulgated pursuant to applicable state law, 6
273+with the exception of evidence of state or federal permits; and for comprehensive permit 7
274+applications included in the checklist for the preliminary plan review in the local regulations 8
275+promulgated pursuant to chapter 23 of title 45; and 9
276+(E) Notwithstanding the submission requirements set forth above, the local review board 10
277+may request additional, reasonable documentation throughout the public hearing, including, but not 11
278+limited to, opinions of experts, credible evidence of application for necessary federal and/or state 12
279+permits, statements and advice from other local boards and officials. 13
280+(ii) Certification of completeness. The preliminary plan application must be certified 14
281+complete or incomplete by the administrative officer according to the provisions of § 45-23-36; 15
282+provided, however, that the certificate shall be granted within twenty-five (25) days of submission 16
283+of the application. The running of the time period set forth herein will be deemed stopped upon the 17
284+issuance of a written certificate of incompleteness of the application by the administrative officer 18
285+and will recommence upon the resubmission of a corrected application by the applicant. However, 19
286+in no event will the administrative officer be required to certify a corrected submission as complete 20
287+or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 21
288+the application as incomplete, the officer shall set forth in writing with specificity the missing or 22
289+incomplete items. 23
290+(iii) Review of applications. An application filed in accordance with this chapter shall be 24
291+reviewed in accordance with the following provisions: 25
292+(A) Public hearing. A public hearing shall be noticed and held within thirty (30) days of 26
293+the issuance of a certificate of completeness. 27
294+(B) Notice. Public notice for the public hearing will be the same notice required under local 28
295+regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42. 29
296+The cost of notice shall be paid by the applicant. 30
297+(C) Timeframe for review. The local review board shall render a decision on the 31
298+preliminary plan application within ninety (90) days of the date the application is certified 32
299+complete, or within a further amount of time that may be consented to by the applicant through the 33
300+submission of a written consent. 34
301301
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303-LC002127/SUB A - Page 9 of 17
304-applications included in the checklist for the preliminary plan review in the local regulations 1
305-promulgated pursuant to chapter 23 of title 45; and 2
306-(E) Notwithstanding the submission requirements set forth above, the local review board 3
307-may request additional, reasonable documentation throughout the public hearing, including, but not 4
308-limited to, opinions of experts, credible evidence of application for necessary federal and/or state 5
309-permits, statements and advice from other local boards and officials. 6
310-(ii) Certification of completeness. The preliminary plan application must be certified 7
311-complete or incomplete by the administrative officer according to the provisions of § 45-23-36; 8
312-provided, however, that the certificate shall be granted within twenty-five (25) days of submission 9
313-of the application. The running of the time period set forth herein will be deemed stopped upon the 10
314-issuance of a written certificate of incompleteness of the application by the administrative officer 11
315-and will recommence upon the resubmission of a corrected application by the applicant. However, 12
316-in no event will the administrative officer be required to certify a corrected submission as complete 13
317-or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 14
318-the application as incomplete, the officer shall set forth in writing with specificity the missing or 15
319-incomplete items. 16
320-(iii) Review of applications. An application filed in accordance with this chapter shall be 17
321-reviewed in accordance with the following provisions: 18
322-(A) Public hearing. A public hearing shall be noticed and held as soon as practicable after 19
323-the issuance of a certificate of completeness. 20
324-(B) Notice. Public notice for the public hearing will be the same notice required under local 21
325-regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42. 22
326-The cost of notice shall be paid by the applicant. 23
327-(C) Timeframe for review. The local review board shall render a decision on the 24
328-preliminary plan application within ninety (90) days of the date the application is certified 25
329-complete, or within a further amount of time that may be consented to by the applicant through the 26
330-submission of a written consent. 27
331-(D) Failure to act. Failure of the local review board to act within the prescribed period 28
332-constitutes approval of the preliminary plan and a certificate of the administrative officer as to the 29
333-failure of the local review board to act within the required time and the resulting approval shall be 30
334-issued on request of the applicant. Further, if the public hearing is not convened or a decision is not 31
335-rendered within the time allowed in subsections (c)(2)(iii)(A) and (c)(2)(iii)(C) of this section, the 32
336-application is deemed to have been allowed and the preliminary plan approval shall be issued 33
337-immediately. 34
303+LC002127 - Page 9 of 16
304+(D) Failure to act. Failure of the local review board to act within the prescribed period 1
305+constitutes approval of the preliminary plan and a certificate of the administrative officer as to the 2
306+failure of the local review board to act within the required time and the resulting approval shall be 3
307+issued on request of the applicant. Further, if the public hearing is not convened or a decision is not 4
308+rendered within the time allowed in subsections (c)(2)(iii)(A) and (c)(2)(iii)(C) of this section, the 5
309+application is deemed to have been allowed and the preliminary plan approval shall be issued 6
310+immediately. 7
311+(v)(E) Required findings for approval. In approving an application, the local review board 8
312+shall make positive findings, supported by legally competent evidence on the record that discloses 9
313+the nature and character of the observations upon which the fact finders acted, on each of the 10
314+following standard provisions, where applicable: 11
315+(A)(I) The proposed development is consistent with local needs as identified in the local 12
316+comprehensive community plan with particular emphasis on the community’s affordable housing 13
317+plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 14
318+(B)(II) The proposed development is in compliance with the standards and provisions of 15
319+the municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or 16
320+waived adjustments are requested by the applicant that local concerns that have been affected by 17
321+the relief granted do not outweigh the state and local need for low- and moderate-income housing. 18
322+(C)(III) All low- and moderate-income housing units proposed are integrated throughout 19
323+the development; are compatible in scale and architectural style to the market rate units within the 20
324+project; and will be built and occupied prior to, or simultaneous with the construction and 21
325+occupancy of any market rate units. 22
326+(D) There will be no significant negative environmental impacts from the proposed 23
327+development as shown on the final plan, with all required conditions for approval. 24
328+(E)(IV) There will be no significant negative impacts on the health and safety of current or 25
329+future residents of the community, in areas including, but not limited to, safe circulation of 26
330+pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability 27
331+of potable water, adequate surface water run-off, and the preservation of natural, historical, or 28
332+cultural features that contribute to the attractiveness of the community. 29
333+(F)(V) All proposed land developments and all subdivisions lots will have adequate and 30
334+permanent physical access to a public street in accordance with the requirements of § 45-23-60(5). 31
335+(G)(VI) The proposed development will not result in the creation of individual lots with 32
336+any physical constraints to development that building on those lots according to pertinent 33
337+regulations and building standards would be impracticable, unless created only as permanent open 34
338338
339339
340-LC002127/SUB A - Page 10 of 17
341-(v)(E) Required findings for approval. In approving an application, the local review board 1
342-shall make positive findings, supported by legally competent evidence on the record that discloses 2
343-the nature and character of the observations upon which the fact finders acted, on each of the 3
344-following standard provisions, where applicable: 4
345-(A)(I) The proposed development is consistent with local needs as identified in the local 5
346-comprehensive community plan with particular emphasis on the community’s affordable housing 6
347-plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 7
348-(B)(II) The proposed development is in compliance with the standards and provisions of 8
349-the municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or 9
350-waived adjustments are requested by the applicant, that local concerns that have been affected by 10
351-the relief granted do not outweigh the state and local need for low- and moderate-income housing. 11
352-(C)(III) All low- and moderate-income housing units proposed are integrated throughout 12
353-the development; are compatible in scale and architectural style to the market rate units within the 13
354-project; and will be built and occupied prior to, or simultaneous with the construction and 14
355-occupancy of any market rate units. 15
356-(D) There will be no significant negative environmental impacts from the proposed 16
357-development as shown on the final plan, with all required conditions for approval. 17
358-(E)(IV) There will be no significant negative impacts on the health and safety of current or 18
359-future residents of the community, in areas including, but not limited to, safe circulation of 19
360-pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability 20
361-of potable water, adequate surface water run-off, and the preservation of natural, historical, or 21
362-cultural features that contribute to the attractiveness of the community. 22
363-(F)(V) All proposed land developments and all subdivisions lots will have adequate and 23
364-permanent physical access to a public street in accordance with the requirements of § 45-23-60(5). 24
365-(G)(VI) The proposed development will not result in the creation of individual lots with 25
366-any physical constraints to development that building on those lots according to pertinent 26
367-regulations and building standards would be impracticable, unless created only as permanent open 27
368-space or permanently reserved for a public purpose on the approved, recorded plans. 28
369-(vi) The local review board has the same power to issue permits or approvals that any local 29
370-board or official who would otherwise act with respect to the application, including, but not limited 30
371-to, the power to attach to the permit or approval, conditions, and requirements with respect to 31
372-height, site plan, size or shape, or building materials, as are consistent with the terms of this section. 32
373-(vii)(F) Required findings for denial. In reviewing the comprehensive permit request, the 33
374-local review board may deny the request for any of the following reasons: (A)(I) If the city or town 34
340+LC002127 - Page 10 of 16
341+space or permanently reserved for a public purpose on the approved, recorded plans. 1
342+(vi) The local review board has the same power to issue permits or approvals that any local 2
343+board or official who would otherwise act with respect to the application, including, but not limited 3
344+to, the power to attach to the permit or approval, conditions, and requirements with respect to 4
345+height, site plan, size or shape, or building materials, as are consistent with the terms of this section. 5
346+(vii)(F) Required findings for denial. In reviewing the comprehensive permit request, the 6
347+local review board may deny the request for any of the following reasons: (A)(I) If the city or town 7
348+has an approved affordable housing plan and is meeting housing needs, and the proposal is 8
349+inconsistent with the affordable housing plan; provided that, the local review board also finds that 9
350+the municipality has made significant progress in implementing that housing plan; (B)(II) The 10
351+proposal is not consistent with local needs, including, but not limited to, the needs identified in an 11
352+approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in 12
353+conformance with the comprehensive plan; (C)(III) The proposal is not in conformance with the 13
354+comprehensive plan; (D)(IV) The community has met or has plans to meet the goal of ten percent 14
355+(10%) of the year-round units or, in the case of an urban town or city, fifteen percent (15%) of the 15
356+occupied rental housing units as defined in § 45-53-3(4)(i) being low- and moderate-income 16
357+housing; provided that, the local review board also finds that the community has achieved or has 17
358+made significant progress towards meeting the goals required by this section; or (E)(V) Concerns 18
359+for the environment and the health and safety of current residents have not been adequately 19
360+addressed. 20
361+(iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with the 21
362+right to extend for two (2), one-year extensions upon written request by the applicant, who must 22
363+appear before the planning board for each annual review and provide proof of valid state or federal 23
364+permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 24
365+shown, if requested, in writing by the applicant, and approved by the local review board. The 25
366+vesting for the preliminary plan approval includes all ordinance provisions and regulations at the 26
367+time of the approval, general and specific conditions shown on the approved preliminary plan 27
368+drawings and supporting material. 28
369+(3) Final plan review. The second and final stage of review for the comprehensive permit 29
370+project shall be done administratively, unless an applicant has requested and been granted any 30
371+waivers from the submission of checklist items for preliminary plan review, and then, at the local 31
372+review board's discretion, it may vote to require the applicant to return for final plan review and 32
373+approval. 33
374+(i) Submission requirements. -- Applications for final plan review under this chapter shall 34
375375
376376
377-LC002127/SUB A - Page 11 of 17
378-has an approved affordable housing plan and is meeting housing needs, and the proposal is 1
379-inconsistent with the affordable housing plan; provided that, the local review board also finds that 2
380-the municipality has made significant progress in implementing that housing plan; (B)(II) The 3
381-proposal is not consistent with local needs, including, but not limited to, the needs identified in an 4
382-approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in 5
383-conformance with the comprehensive plan; (C)(III) The proposal is not in conformance with the 6
384-comprehensive plan; (D)(IV) The community has met or has plans to meet the goal of ten percent 7
385-(10%) of the year-round units or, in the case of an urban town or city, fifteen percent (15%) of the 8
386-occupied rental housing units as defined in § 45-53-3(4)(i) being low- and moderate-income 9
387-housing; provided that, the local review board also finds that the community has achieved or has 10
388-made significant progress towards meeting the goals required by this section; or (E)(V) Concerns 11
389-for the environment and the health and safety of current residents have not been adequately 12
390-addressed. 13
391-(iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with the 14
392-right to extend for two (2), one-year extensions upon written request by the applicant, who must 15
393-appear before the planning board for each annual review and provide proof of valid state or federal 16
394-permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 17
395-shown, if requested, in writing by the applicant, and approved by the local review board. The 18
396-vesting for the preliminary plan approval includes all ordinance provisions and regulations at the 19
397-time of the approval, general and specific conditions shown on the approved preliminary plan 20
398-drawings and supporting material. 21
399-(3) Final plan review. The second and final stage of review for the comprehensive permit 22
400-project shall be done administratively, unless an applicant has requested and been granted any 23
401-waivers from the submission of checklist items for preliminary plan review, and then, at the local 24
402-review board's discretion, it may vote to require the applicant to return for final plan review and 25
403-approval. 26
404-(i) Submission requirements. -- Applications for final plan review under this chapter shall 27
405-include: 28
406-(A) All required state and federal permits must be obtained prior to the final plan approval 29
407-or the issuance of a building permit; and 30
408-(B) A draft monitoring agreement which identifies an approved entity that will monitor the 31
409-long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and 32
410-(C) A sample land lease or deed restriction with affordability liens that will restrict use as 33
411-low- and moderate-income housing in conformance with the guidelines of the agency providing 34
377+LC002127 - Page 11 of 16
378+include: 1
379+(A) All required state and federal permits must be obtained prior to the final plan approval 2
380+or the issuance of a building permit; and 3
381+(B) A draft monitoring agreement which identifies an approved entity that will monitor the 4
382+long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and 5
383+(C) A sample land lease or deed restriction with affordability liens that will restrict use as 6
384+low- and moderate-income housing in conformance with the guidelines of the agency providing 7
385+the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 8
386+years; and 9
387+(D) Those items required by local regulations promulgated pursuant to applicable state law 10
388+included in the checklist for final plan review in the local regulations promulgated pursuant to 11
389+chapter 23 of title 45, including, but not limited to: 12
390+(I) Arrangements for completion of the required public improvements, including 13
391+construction schedule and/or financial guarantees; and 14
392+(II) Certification by the tax collector that all property taxes are current; and 15
393+(III) For phased projects, the final plan for phases following the first phase, shall be 16
394+accompanied by copies of as-built drawings not previously submitted of all existing public 17
395+improvements for prior phases. 18
396+(ii) Certification of completeness. The final plan application must be certified complete or 19
397+incomplete by the administrative officer according to the provisions of § 45-23-36; provided 20
398+however, that, the certificate shall be granted within fourteen (14) days of submission of the 21
399+application. The running of the time period set forth herein will be deemed stopped upon the 22
400+issuance of a written certificate of incompleteness of the application by the administrative officer 23
401+and will recommence upon the resubmission of a corrected application by the applicant. However, 24
402+in no event will the administrative officer be required to certify a corrected submission as complete 25
403+or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 26
404+the application as incomplete, the officer shall set forth in writing with specificity the missing or 27
405+incomplete items. 28
406+(iii) Review of applications. 29
407+(A) Timeframe for review. The reviewing authority shall render a decision on the final plan 30
408+application within forty-five (45) days of the date the application is certified complete. 31
409+(B) Modifications and changes to plans: 32
410+(I) Minor changes, as defined in the local regulations, to the plans approved at preliminary 33
411+plan may be approved administratively, by the administrative officer, whereupon final plan 34
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415-the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 1
416-years; and 2
417-(D) Those items required by local regulations promulgated pursuant to applicable state law 3
418-included in the checklist for final plan review in the local regulations promulgated pursuant to 4
419-chapter 23 of title 45, including, but not limited to: 5
420-(I) Arrangements for completion of the required public improvements, including 6
421-construction schedule and/or financial guarantees; and 7
422-(II) Certification by the tax collector that all property taxes are current; and 8
423-(III) For phased projects, the final plan for phases following the first phase, shall be 9
424-accompanied by copies of as-built drawings not previously submitted of all existing public 10
425-improvements for prior phases. 11
426-(ii) Certification of completeness. The final plan application must be certified complete or 12
427-incomplete by the administrative officer according to the provisions of § 45-23-36; provided 13
428-however, that, the certificate shall be granted within twenty-five (25) days of submission of the 14
429-application. The running of the time period set forth herein will be deemed stopped upon the 15
430-issuance of a written certificate of incompleteness of the application by the administrative officer 16
431-and will recommence upon the resubmission of a corrected application by the applicant. However, 17
432-in no event will the administrative officer be required to certify a corrected submission as complete 18
433-or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 19
434-the application as incomplete, the officer shall set forth in writing with specificity the missing or 20
435-incomplete items. 21
436-(iii) Review of applications. 22
437-(A) Timeframe for review. The reviewing authority shall render a decision on the final plan 23
438-application within forty-five (45) days of the date the application is certified complete. 24
439-(B) Modifications and changes to plans: 25
440-(I) Minor changes, as defined in the local regulations, to the plans approved at preliminary 26
441-plan may be approved administratively, by the administrative officer, whereupon final plan 27
442-approval may be issued. The changes may be authorized without additional public hearings, at the 28
443-discretion of the administrative officer. All changes shall be made part of the permanent record of 29
444-the project application. This provision does not prohibit the administrative officer from requesting 30
445-a recommendation from either the technical review committee or the local review board. Denial of 31
446-the proposed change(s) shall be referred to the local review board for review as a major change. 32
447-(II) Major changes, as defined in the local regulations, to the plans approved at preliminary 33
448-plan may be approved only by the local review board and must follow the same review and public 34
414+LC002127 - Page 12 of 16
415+approval may be issued. The changes may be authorized without additional public hearings, at the 1
416+discretion of the administrative officer. All changes shall be made part of the permanent record of 2
417+the project application. This provision does not prohibit the administrative officer from requesting 3
418+a recommendation from either the technical review committee or the local review board. Denial of 4
419+the proposed change(s) shall be referred to the local review board for review as a major change. 5
420+(II) Major changes, as defined in the local regulations, to the plans approved at preliminary 6
421+plan may be approved only by the local review board and must follow the same review and public 7
422+hearing process required for approval of preliminary plans as described in subsection (c)(2)(iii) of 8
423+this section. 9
424+(III) The administrative officer shall notify the applicant in writing within fourteen (14) 10
425+days of submission of the final plan application if the administrative officer is referring the 11
426+application to the local review board under this subsection. 12
427+(C) Decision on final plan. An application filed in accordance with this chapter shall be 13
428+approved by the administrative officer unless such application does not satisfy conditions set forth 14
429+in the preliminary plan approval decision or such application does not have the requisite state and/or 15
430+federal approvals or other required submissions, does not post the required improvement bonds, or 16
431+such application is a major modification of the plans approved at preliminary plan. 17
432+(D) Failure to act. Failure of the reviewing authority to act within the prescribed period 18
433+constitutes approval of the final plan and a certificate of the administrative officer as to the failure 19
434+to act within the required time and the resulting approval shall be issued on request of the applicant. 20
435+(iv) Vesting. The approved final plan is vested for a period of two (2) years with the right 21
436+to extend for one one-year extension upon written request by the applicant, who must appear before 22
437+the planning board for the extension request. Thereafter, vesting may be extended for a longer 23
438+period, for good cause shown, if requested, in writing by the applicant, and approved by the local 24
439+review board. 25
440+(4) Fees. Municipalities may impose fees on comprehensive permit applications that are 26
441+consistent with but do not exceed fees that would otherwise be assessed for a project of the same 27
442+scope and type, but not proceeding under this chapter; provided, however, the imposition of such 28
443+fees shall not preclude a showing by an applicant that the fees make the project financially 29
444+infeasible; and 30
445+(5) Recording of written decisions. All written decisions on applications under this chapter 31
446+shall be recorded in the land evidence records within twenty (20) days after the local review board's 32
447+vote or the administrative officer's decision, as applicable. A copy of the recorded decision shall be 33
448+mailed within one business day of recording, by any method that provides confirmation of receipt, 34
449449
450450
451-LC002127/SUB A - Page 13 of 17
452-hearing process required for approval of preliminary plans as described in subsection (c)(2)(iii) of 1
453-this section. 2
454-(III) The administrative officer shall notify the applicant in writing within fourteen (14) 3
455-days of submission of the final plan application if the administrative officer is referring the 4
456-application to the local review board under this subsection. 5
457-(C) Decision on final plan. An application filed in accordance with this chapter shall be 6
458-approved by the administrative officer unless such application does not satisfy conditions set forth 7
459-in the preliminary plan approval decision or such application does not have the requisite state and/or 8
460-federal approvals or other required submissions, does not post the required improvement bonds, or 9
461-such application is a major modification of the plans approved at preliminary plan. 10
462-(D) Failure to act. Failure of the reviewing authority to act within the prescribed period 11
463-constitutes approval of the final plan and a certificate of the administrative officer as to the failure 12
464-to act within the required time and the resulting approval shall be issued on request of the applicant. 13
465-(iv) Vesting. The approved final plan is vested for a period of two (2) years with the right 14
466-to extend for one one-year extension upon written request by the applicant, who must appear before 15
467-the planning board for the extension request. Thereafter, vesting may be extended for a longer 16
468-period, for good cause shown, if requested, in writing by the applicant, and approved by the local 17
469-review board. 18
470-(4) Infeasibility of conditions of approval. The burden is on the applicant to show, by 19
471-competent evidence before the local review board, that proposed conditions of approval are 20
472-infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable 21
473-opportunity to respond to such proposed conditions prior to a final vote on the application. 22
474-(5) Fees. Municipalities may impose fees on comprehensive permit applications that are 23
475-consistent with but do not exceed fees that would otherwise be assessed for a project of the same 24
476-scope and type, but not proceeding under this chapter; provided, however, the imposition of such 25
477-fees shall not preclude a showing by an applicant that the fees make the project financially 26
478-infeasible; and 27
479-(6) Recording of written decisions. All written decisions on applications under this chapter 28
480-shall be recorded in the land evidence records within twenty (20) days after the local review board's 29
481-vote or the administrative officer's decision, as applicable. A copy of the recorded decision shall be 30
482-mailed within one business day of recording, by any method that provides confirmation of receipt, 31
483-to the applicant and to any objector who has filed a written request for notice with the administrative 32
484-officer. 33
485-(7) Local review board powers. The local review board has the same power to issue permits 34
451+LC002127 - Page 13 of 16
452+to the applicant and to any objector who has filed a written request for notice with the administrative 1
453+officer. 2
454+(6) Local review board powers. The local review board has the same power to issue permits 3
455+or approvals that any local board or official who would otherwise act with respect to the application, 4
456+including, but not limited to, the power to attach to the permit or approval, conditions, and 5
457+requirements with respect to height, site plan, size or shape, or building materials, as are consistent 6
458+with the terms of this section. 7
459+(viii)(7) Majority vote required. All local review board decisions on comprehensive 8
460+permits shall be by majority vote of the members present at the proceeding; provided that, there is 9
461+at least a quorum of the local review board present and voting at the proceeding, and may be 10
462+appealed by the applicant to the state housing appeals board. 11
463+(ix) If the public hearing is not convened or a decision is not rendered within the time 12
464+allowed in subsections (a)(4)(iii) and (iv), the application is deemed to have been allowed and the 13
465+relevant approval shall issue immediately; provided, however, that this provision shall not apply to 14
466+any application remanded for hearing in any town where more than one application has been 15
467+remanded for hearing provided for in § 45-53-6(f)(2). 16
468+(x) Any person aggrieved by the issuance of an approval may appeal to the superior court 17
469+within twenty (20) days of the issuance of approval. 18
470+(xi)(8) Construction timetable. A comprehensive permit shall expire unless construction is 19
471+started within twelve (12) months and completed within sixty (60) months of the recording of the 20
472+final plan approval unless a longer and/or phased period for development is agreed to by the local 21
473+review board and the applicant. Low- and moderate-income housing units shall be built and 22
474+occupied prior to, or simultaneous with the construction and occupancy of market rate units. 23
475+(xii)(9) For-profit developers -- Limits. A town with an approved affordable housing plan 24
476+and that is meeting local housing needs, as defined in this chapter, may by council action limit the 25
477+annual total number of dwelling units in comprehensive permit applications from for-profit 26
478+developers to an aggregate of one percent (1%) of the total number of year-round housing units in 27
479+the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth 28
480+elsewhere in this section, the local review board shall have the authority to consider comprehensive 29
481+permit applications from for-profit developers, which are made pursuant to this paragraph, 30
482+sequentially in the order in which they are submitted. 31
483+(xiii)(10) Report. The local review board of a town with an approved affordable housing 32
484+plan shall report the status of implementation to the housing resources commission, including the 33
485+disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006, 34
486486
487487
488-LC002127/SUB A - Page 14 of 17
489-or approvals that any local board or official who would otherwise act with respect to the application, 1
490-including, but not limited to, the power to attach to the permit or approval, conditions, and 2
491-requirements with respect to height, site plan, size or shape, or building materials, as are consistent 3
492-with the terms of this section. 4
493-(viii)(8) Majority vote required. All local review board decisions on comprehensive 5
494-permits shall be by majority vote of the members present at the proceeding; provided that, there is 6
495-at least a quorum of the local review board present and voting at the proceeding, and may be 7
496-appealed by the applicant to the state housing appeals board. 8
497-(ix) If the public hearing is not convened or a decision is not rendered within the time 9
498-allowed in subsections (a)(4)(iii) and (iv), the application is deemed to have been allowed and the 10
499-relevant approval shall issue immediately; provided, however, that this provision shall not apply to 11
500-any application remanded for hearing in any town where more than one application has been 12
501-remanded for hearing provided for in § 45-53-6(f)(2). 13
502-(x) Any person aggrieved by the issuance of an approval may appeal to the superior court 14
503-within twenty (20) days of the issuance of approval. 15
504-(xi)(9) Construction timetable. A comprehensive permit shall expire unless construction is 16
505-started within twelve (12) months and completed within sixty (60) months of the recording of the 17
506-final plan approval unless a longer and/or phased period for development is agreed to by the local 18
507-review board and the applicant. Low- and moderate-income housing units shall be built and 19
508-occupied prior to, or simultaneous with the construction and occupancy of market rate units. 20
509-(xii)(10) For-profit developers -- Limits. A town with an approved affordable housing plan 21
510-and that is meeting local housing needs, as defined in this chapter, may by council action limit the 22
511-annual total number of dwelling units in comprehensive permit applications from for-profit 23
512-developers to an aggregate of one percent (1%) of the total number of year-round housing units in 24
513-the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth 25
514-elsewhere in this section, the local review board shall have the authority to consider comprehensive 26
515-permit applications from for-profit developers, which are made pursuant to this paragraph, 27
516-sequentially in the order in which they are submitted. 28
517-(xiii)(11) Report. The local review board of a town with an approved affordable housing 29
518-plan shall report the status of implementation to the housing resources commission, including the 30
519-disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006, 31
520-and for each June 30 thereafter by September 1 through 2010. The housing resources commission 32
521-shall prepare by October 15 and adopt by December 31, a report on the status of implementation, 33
522-which shall be submitted to the governor, the speaker, and the president of the senate, and the 34
488+LC002127 - Page 14 of 16
489+and for each June 30 thereafter by September 1 through 2010. The housing resources commission 1
490+shall prepare by October 15 and adopt by December 31, a report on the status of implementation, 2
491+which shall be submitted to the governor, the speaker, and the president of the senate, and the 3
492+chairperson of the state housing appeals board, and shall find which towns are not in compliance 4
493+with implementation requirements. 5
494+(xiv)(11) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on 6
495+February 13, 2004, to a local review board shall commence hearings within thirty (30) days of 7
496+receiving an application remanded by the state housing appeals board pursuant to § 45-53-6(f)(2) 8
497+shall be heard as herein provided; in or superior court, as applicable. In any town with more than 9
498+one remanded application, applications may be scheduled for hearing in the order in which they 10
499+were received, and may be taken up sequentially, with the thirty-day (30) requirement for the 11
500+initiation of hearings, commencing upon the decision of the earlier filed application. 12
501+(b)(d)(1) The general assembly finds and declares that in January 2004 towns throughout 13
502+Rhode Island have been confronted by an unprecedented volume and complexity of development 14
503+applications as a result of private for-profit developers using the provisions of this chapter and that 15
504+in order to protect the public health and welfare in communities and to provide sufficient time to 16
505+establish a reasonable and orderly process for the consideration of applications made under the 17
506+provisions of this chapter, and to have communities prepare plans to meet low- and moderate-18
507+income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 19
508+permit applications as herein provided by private for-profit developers; a moratorium is hereby 20
509+imposed on the use of the provisions of this chapter by private for-profit developers, which 21
510+moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 22
511+prior to expiration and extended to such other date as may be established by law. Notwithstanding 23
512+the provisions of subsection (a) of this section, private for-profit developers may not utilize the 24
513+procedure of this chapter until the expiration of the moratorium. 25
514+(2) No for-profit developer shall submit a new application for comprehensive permits until 26
515+July 1, 2005, except by mutual agreement with the local review board. 27
516+(3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review 28
517+board in a town which has submitted a plan in accordance with subsection (c) of this section, shall 29
518+not be required to accept an application for a new comprehensive permit from a for-profit developer 30
519+until October 1, 2005. 31
520+(c)(e) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i) 32
521+shall prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-33
522+income housing as specified by § 45-53-3(4)(ii), consistent with applicable law and regulation. 34
523523
524524
525-LC002127/SUB A - Page 15 of 17
526-chairperson of the state housing appeals board, and shall find which towns are not in compliance 1
527-with implementation requirements. 2
528-(xiv)(12) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on 3
529-February 13, 2004, to a local review board shall commence hearings within thirty (30) days of 4
530-receiving an application remanded by the state housing appeals board pursuant to § 45-53-6(f)(2) 5
531-shall be heard as herein provided; in or superior court, as applicable. In any town with more than 6
532-one remanded application, applications may be scheduled for hearing in the order in which they 7
533-were received, and may be taken up sequentially, with the thirty-day (30) requirement for the 8
534-initiation of hearings, commencing upon the decision of the earlier filed application. 9
535-(b)(d)(1) The general assembly finds and declares that in January 2004 towns throughout 10
536-Rhode Island have been confronted by an unprecedented volume and complexity of development 11
537-applications as a result of private for-profit developers using the provisions of this chapter and that 12
538-in order to protect the public health and welfare in communities and to provide sufficient time to 13
539-establish a reasonable and orderly process for the consideration of applications made under the 14
540-provisions of this chapter, and to have communities prepare plans to meet low- and moderate-15
541-income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 16
542-permit applications as herein provided by private for-profit developers; a moratorium is hereby 17
543-imposed on the use of the provisions of this chapter by private for-profit developers, which 18
544-moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 19
545-prior to expiration and extended to such other date as may be established by law. Notwithstanding 20
546-the provisions of subsection (a) of this section, private for-profit developers may not utilize the 21
547-procedure of this chapter until the expiration of the moratorium. 22
548-(2) No for-profit developer shall submit a new application for comprehensive permits until 23
549-July 1, 2005, except by mutual agreement with the local review board. 24
550-(3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review 25
551-board in a town which has submitted a plan in accordance with subsection (c) of this section, shall 26
552-not be required to accept an application for a new comprehensive permit from a for-profit developer 27
553-until October 1, 2005. 28
554-(c)(e) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i) 29
555-shall prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-30
556-income housing as specified by § 45-53-3(4)(ii), consistent with applicable law and regulation. 31
557-That the secretary of the planning board or commission of each city or town subject to the 32
558-requirements of this paragraph shall report in writing the status of the preparation of the housing 33
559-element for low- and moderate-income housing on or before June 30, 2004, and on or before 34
560-
561-
562-LC002127/SUB A - Page 16 of 17
563-December 31, 2004, to the secretary of the state planning council, to the chair of the house 1
564-committee on corporations and to the chair of the senate committee on commerce, housing and 2
565-municipal government. The state housing appeals board shall use said plan elements in making 3
566-determinations provided for in § 45-53-6(c)(2). 4
567-(d)(f) If any provision of this section or the application thereof shall for any reason be 5
568-judged invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or 6
569-of any other provision of this chapter, but shall be confined in its effect to the provision or 7
570-application directly involved in the controversy giving rise to the judgment, and a moratorium on 8
571-the applications of for-profit developers pursuant to this chapter shall remain and continue to be in 9
572-effect for the period commencing on the day this section becomes law [February 13, 2004] and 10
573-continue until it shall expire on January 31, 2005, or until amended further. 11
574-(e)(g) In planning for, awarding, and otherwise administering programs and funds for 12
575-housing and for community development, state departments, agencies, boards and commissions, 13
576-and public corporations, as defined in chapter 18 of title 35, shall among the towns subject to the 14
577-provision of § 45-53-3(ii), give priority to the maximum extent allowable by law to towns with an 15
578-approved affordable housing plan. The director of administration shall adopt not later than January 16
579-31, 2005, regulations to implement the provisions of this section. 17
580-(f)(h) Multi-family rental units built under a comprehensive permit may be calculated 18
581-towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, 19
582-as long as the units meet and are in compliance with the provisions of § 45-53-3.1. 20
583-SECTION 2. This act shall take effect on January 1, 2024. 21
525+LC002127 - Page 15 of 16
526+That the secretary of the planning board or commission of each city or town subject to the 1
527+requirements of this paragraph shall report in writing the status of the preparation of the housing 2
528+element for low- and moderate-income housing on or before June 30, 2004, and on or before 3
529+December 31, 2004, to the secretary of the state planning council, to the chair of the house 4
530+committee on corporations and to the chair of the senate committee on commerce, housing and 5
531+municipal government. The state housing appeals board shall use said plan elements in making 6
532+determinations provided for in § 45-53-6(c)(2). 7
533+(d)(f) If any provision of this section or the application thereof shall for any reason be 8
534+judged invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or 9
535+of any other provision of this chapter, but shall be confined in its effect to the provision or 10
536+application directly involved in the controversy giving rise to the judgment, and a moratorium on 11
537+the applications of for-profit developers pursuant to this chapter shall remain and continue to be in 12
538+effect for the period commencing on the day this section becomes law [February 13, 2004] and 13
539+continue until it shall expire on January 31, 2005, or until amended further. 14
540+(e)(g) In planning for, awarding, and otherwise administering programs and funds for 15
541+housing and for community development, state departments, agencies, boards and commissions, 16
542+and public corporations, as defined in chapter 18 of title 35, shall among the towns subject to the 17
543+provision of § 45-53-3(ii), give priority to the maximum extent allowable by law to towns with an 18
544+approved affordable housing plan. The director of administration shall adopt not later than January 19
545+31, 2005, regulations to implement the provisions of this section. 20
546+(f)(h) Multi-family rental units built under a comprehensive permit may be calculated 21
547+towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, 22
548+as long as the units meet and are in compliance with the provisions of § 45-53-3.1. 23
549+SECTION 2. This act shall take effect on January 1, 2024. 24
584550 ========
585-LC002127/SUB A
551+LC002127
586552 ========
587553
588554
589-LC002127/SUB A - Page 17 of 17
555+LC002127 - Page 16 of 16
590556 EXPLANATION
591557 BY THE LEGISLATIVE COUNCIL
592558 OF
593559 A N A C T
594560 RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INC OME HOUSING
595561 ***
596562 This act would provide amendments relative to low- and moderate-income housing and 1
597563 modify and clarify the procedure for review of applications to build such housing. 2
598564 This act would take effect on January 1, 2024. 3
599565 ========
600-LC002127/SUB A
566+LC002127
601567 ========