2023 -- H 6081 SUBSTITUTE A
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LC002127/SUB A
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INC OME HOUSING
Introduced By: Representatives Shekarchi, Speakman, Knight, Donovan, Tanzi, Cruz,
Cortvriend, Casey, and Potter
Date Introduced: March 03, 2023
Referred To: House Municipal Government & Housing
It is enacted by the General Assembly as follows:
SECTION 1. Sections 45-53-3 and 45-53-4 of the General Laws in Chapter 45-53 entitled 1
"Low and Moderate Income Housing" are hereby amended to read as follows: 2
45-53-3. Definitions Definitions -- Effective January 1, 2024. 3
The following words, wherever used in this chapter, unless a different meaning clearly 4
appears from the context, have the following meanings: 5
(1) "Adjustment(s)" means a request, or requests by the applicant to seek relief from the 6
literal use and dimensional requirements of the municipal zoning ordinance and/or the design 7
standards or requirements of the municipal land development and subdivision regulations. The 8
standard for the local review board’s consideration of adjustments is set forth in § 45-53-9
4(D)(2)(iii)(E)(II). 10
(1)(2) “Affordable housing plan” means a component of a housing element, as defined in 11
§ 45-22.2-4(1), to meet that adresses housing needs in a city or town that is prepared in accordance 12
with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-13
4(b)(1) and (c). 14
(2)(3) “Approved affordable housing plan” means an affordable housing plan that has been 15
approved by the director of administration as meeting the guidelines for the local comprehensive 16
plan as promulgated by the state planning council; provided, however, that state review and 17
approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town 18
having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § 19
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45-22.2-9, or § 45-22.2-9. 1
(3)(4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city 2
or town pursuant to chapters 22.2 and 22.3 of this title. 3
(4)(5) “Consistent with local needs” means reasonable in view of the state need for low- 4
and moderate-income housing, considered with the number of low-income persons in the city or 5
town affected and the need to protect the health and safety of the occupants of the proposed housing 6
or of the residents of the city or town, to promote better site and building design in relation to the 7
surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, 8
requirements, and regulations are applied as equally as possible to both subsidized and 9
unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are 10
consistent with local needs when imposed by a city or town council after a comprehensive hearing 11
in a city or town where: 12
(i) Low- or moderate-income housing exists which is: (A) In the case of an urban city or 13
town which has at least 5,000 occupied year-round rental units and the units, as reported in the 14
latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-15
round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round 16
rental units; or (B) In the case of all other cities or towns, is in excess of ten percent (10%) of the 17
year-round housing units reported in the census. 18
(ii) The city or town has promulgated zoning or land use ordinances, requirements, and 19
regulations to implement a comprehensive plan that has been adopted and approved pursuant to 20
chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides 21
for low- and moderate-income housing in excess of either ten percent (10%) of the year-round 22
housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided 23
in subdivision (4)(i). 24
(iii) Multi-family rental units built under a comprehensive permit may be calculated 25
towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, 26
as long as the units meet and are in compliance with the provisions of § 45-53-3.1. 27
(5)(6) “Infeasible” means any condition brought about by any single factor or combination 28
of factors, as a result of limitations imposed on the development by conditions attached to the 29
approval of the comprehensive permit, to the extent that it makes it impossible for a public agency, 30
nonprofit organization, or limited equity housing cooperative financially or logistically 31
impracticable for any applicant to proceed in building or operating low- or moderate-income 32
housing without financial loss, within the limitations set by the subsidizing agency of government 33
or local review board, on the size or character of the development, on the amount or nature of the 34
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subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the 1
rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity 2
housing cooperative applicant. 3
(6)(7) “Letter of eligibility” means a letter issued by the Rhode Island housing and 4
mortgage finance corporation in accordance with § 42-55-5.3(a). 5
(7) “Local board” means any town or city official, zoning board of review, planning board 6
or commission, board of appeal or zoning enforcement officer, local conservation commission, 7
historic district commission, or other municipal board having supervision of the construction of 8
buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws. 9
(8) “Local review board” means the planning board as defined by § 45-22.2-4(20), or if 10
designated by ordinance as the board to act on comprehensive permits for the town, the zoning 11
board of review established pursuant to § 45-24-56. 12
(9) “Low- or moderate-income housing” shall be synonymous with “affordable housing” 13
as defined in § 42-128-8.1, and further means any housing whether built or operated by any public 14
agency or any nonprofit organization or by any limited equity housing cooperative or any private 15
developer, that is subsidized by a federal, state, or municipal government subsidy under any 16
program to assist the construction or rehabilitation of housing affordable housing to low- or 17
moderate-income households, as defined in the applicable federal or state statute, or local ordinance 18
and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99) 19
years or such other period that is either agreed to by the applicant and town or prescribed by the 20
federal, state, or municipal government subsidy program but that is not less than thirty (30) years 21
from initial occupancy. 22
(10) “Meeting local housing needs” means as a result of the adoption of the implementation 23
program of an approved affordable housing plan and, the absence of unreasonable denial of 24
applications that are made pursuant to an approved affordable housing plan in order to accomplish 25
the purposes and expectations of the approved affordable housing plan, and a showing that at least 26
twenty percent (20%) of the total residential units approved by a local review board or any other 27
municipal board in a calendar year are for low- and moderate-income housing as defined in § 42-28
128-8.1. 29
(11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island 30
housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight 31
set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4. 32
(12) “Municipal government subsidy” means assistance that is made available through a 33
city or town program sufficient to make housing affordable, as affordable housing is defined in § 34
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42-128-8.1(d)(1); such assistance may shall include a combination of, but is not limited to, direct 1
financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses 2
and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any 3
combination of forms of assistance. 4
45-53-4. Procedure for approval of construction of low- or moderate-income housing 5
Procedure for approval of construction of low- or moderate-income housing -- Effective 6
January 1, 2024. 7
(a) Any applicant proposing to build low- or moderate-income housing may submit to the 8
local review board a single application for a comprehensive permit to build that housing in lieu of 9
separate applications to the applicable local boards. This procedure is only available for proposals 10
in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 11
(b) Municipal government subsidies, including adjustments and zoning incentives are to 12
be made available to applications under this chapter to offset the differential costs of the low- or 13
moderate-incoming housing units in a development under this chapter. At a minimum, the 14
following zoning incentives shall be allowed for projects submitted under this chapter: 15
(1) Density bonus. A municipality shall provide an applicant with more dwelling units than 16
allowed by right under its zoning ordinance in the form of a density bonus to allow an increase in 17
the allowed dwelling units per acre (DU/A), as well as other incentives and municipal government 18
subsidies as defined in § 45-53-3. Furthermore, a municipality shall provide, at a minimum, the 19
following density bonuses for projects submitted under this chapter, provided that the total land 20
utilized in the density calculation shall exclude wetlands, wetland buffers, area devoted to 21
infrastructure necessary for development and easements or rights of way of record: 22
(i) For properties connected to public sewer and water, or eligible to be connected to public 23
sewer and water based on written confirmation from each respective service provider, the density 24
bonus for a project which provides at least twenty-five percent (25%) low- and moderate-income 25
housing shall be at least five (5) units per acre; 26
(ii) For properties connected to public sewer and water, or eligible to be connected to public 27
sewer and water based on written confirmation from each respective service provider, the density 28
bonus for a project which provides at least fifty percent (50%) low- and moderate-income housing 29
shall be at least nine (9) units per acre; 30
(iii) For properties connected to public sewer and water, or eligible to be connected to 31
public sewer and water based on written confirmation from each respective service provider, the 32
density bonus for a project which provides one hundred percent (100%) low- and moderate-income 33
housing shall be at least twelve (12) units per acre; 34
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(iv) For properties not connected to either public water or sewer or both, but which provide 1
competent evidence as to the availability of water to service the development and/or a permit for 2
on-site wastewater treatment facilities to service the dwelling units from the applicable state 3
agency, the density bonus for a project which provides at least twenty-five percent (25%) low- and 4
moderate-income housing shall be at least three (3) units per acre; 5
(v) For properties not connected to either public water or sewer or both, but which provide 6
competent evidence as to the availability of water to service the development and/or a permit for 7
on-site wastewater treatment facilities to service the dwelling units from the applicable state 8
agency, the density bonus for a project which provides at least fifty percent (50%) low- and 9
moderate-income housing shall be at least five (5) units per acre; 10
(vi) For properties not connected to either public water or sewer or both, but which provide 11
competent evidence as to the availability of water to service the development and/or a permit for 12
on-site wastewater treatment facilities to service the dwelling units from the applicable state 13
agency, the density bonus for a project which provides one hundred percent (100%) low- and 14
moderate-income housing shall be at least eight (8) units per acre; 15
(2) Parking. A municipality shall not require more than one off-street parking space per 16
dwelling unit for units up to and including two (2) bedrooms in applications submitted under this 17
chapter; 18
(3) Bedrooms. A municipality shall not limit the number of bedrooms for applications 19
submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single 20
family dwelling units; 21
(4) Floor area. A municipality shall not utilize floor area requirements to limit any 22
application, except as provided by § 45-24.3-11; 23
(c) A municipality shall not restrict comprehensive permit applications and permits by any 24
locally adopted ordinance or policy that places a limit or moratorium on the development of 25
residential units. 26
(d) The application and review process for a comprehensive permit shall be as follows: 27
(1) Submission requirements. Applications for a comprehensive permit shall include: 28
(i) A letter of eligibility issued by the Rhode Island housing and mortgage finance 29
corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 30
Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 31
application in such form as may be prescribed for a municipal government subsidy; and 32
(ii) A written request to the local review board to submit a single application to build or 33
rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local 34
LC002127/SUB A - Page 6 of 17
boards. The written request shall identify the specific sections and provisions of applicable local 1
ordinances and regulations from which the applicant is seeking relief; and 2
(iii) A proposed timetable for the commencement of construction and completion of the 3
project; and 4
(iv) A sample land lease or deed restriction with affordability liens that will restrict use as 5
low- and moderate-income housing in conformance with the guidelines of the agency providing 6
the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 7
years; and 8
(v) Identification of an approved entity that will monitor the long-term affordability of the 9
low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include 10
the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and 11
acting through its monitoring agents, and these agents shall monitor the long-term affordability of 12
the low- and moderate-income units pursuant to § 45-53-3.2; and 13
(vi) A financial pro-forma for the proposed development; and 14
(vii) For comprehensive permit applications: (A) Not involving major land developments 15
or major subdivisions including, but not limited to, applications seeking relief from specific 16
provisions of a local zoning ordinance, or involving administrative subdivisions, minor land 17
developments or minor subdivisions, or other local ordinances and regulations: those items required 18
by local regulations promulgated pursuant to applicable state law, with the exception of evidence 19
of state or federal permits; and for comprehensive permit applications; and (B) Involving major 20
land developments and major subdivisions, unless otherwise agreed to by the applicant and the 21
town; those items included in the checklist for the master plan in the local regulations promulgated 22
pursuant to § 45-23-40. Subsequent to master plan approval, the applicant must submit those items 23
included in the checklist for a preliminary plan for a major land development or major subdivision 24
project in the local regulations promulgated pursuant to § 45-23-41, with the exception of evidence 25
of state or federal permits. All required state and federal permits must be obtained prior to the final 26
plan approval or the issuance of a building permit; and 27
(viii) Municipalities may impose fees on comprehensive permit applications that are 28
consistent with but do not exceed fees that would otherwise be assessed for a project of the same 29
scope and type but not proceeding under this chapter, provided, however, that the imposition of 30
such fees shall not preclude a showing by a nonprofit applicant that the fees make the project 31
financially infeasible; and 32
(xi) Notwithstanding the submission requirements set forth above, the local review board 33
may request additional, reasonable documentation throughout the public hearing, including, but not 34
LC002127/SUB A - Page 7 of 17
limited to, opinions of experts, credible evidence of application for necessary federal and/or state 1
permits, statements and advice from other local boards and officials. 2
(2) Certification of completeness. The application must be certified complete or incomplete 3
by the administrative officer according to the provisions of § 45-23-36; provided, however, that for 4
a major land development or major subdivision, the certificate for a master plan shall be granted 5
within twenty-five (25) days and for a preliminary plan shall be granted within twenty-five (25) 6
days. The running of the time period set forth herein will be deemed stopped upon the issuance of 7
a certificate of incompleteness of the application by the administrative officer and will recommence 8
upon the resubmission of a corrected application by the applicant. However, in no event will the 9
administrative officer be required to certify a corrected submission as complete or incomplete less 10
than ten (10) days after its resubmission. If the administrative officer certifies the application as 11
incomplete, the officer shall set forth in writing with specificity the missing or incomplete items. 12
(3)(1) Pre-application conference. Where the comprehensive permit application proposal 13
is a major land development project or a major subdivision pursuant to chapter 23 of this title a A 14
municipality may require an applicant proposing a project under this chapter to first schedule 15
complete, or the applicant proposing a project under this chapter may request a pre-application 16
conference with the local review board, the technical review committee established pursuant to § 17
45-23-56, or with the administrative officer for the local review board and other local officials, as 18
appropriate. To request In advance of a pre-application conference, the applicant shall be required 19
to submit only a short description of the project in writing including the number of units, type of 20
housing, density analysis, preliminary list of adjustments needed, as well as a location map, and 21
conceptual site plan. The purpose of the pre-application conference shall be to review a concept 22
plan of the proposed development and to elicit feedback from the reviewing person or board. Upon 23
receipt of a request by an applicant for a pre-application conference, the municipality has shall have 24
thirty (30) days to schedule and hold the pre-application conference, unless a different timeframe 25
is agreed to by the applicant in writing. If thirty (30) days has elapsed from the filing of the pre-26
application submission and no pre-application conference has taken place, nothing shall be deemed 27
to preclude an applicant from thereafter filing and proceeding with an application for preliminary 28
plan review for a comprehensive permit. 29
(4) Review of applications. An application filed in accordance with this chapter shall be 30
reviewed by the local review board at a public hearing in accordance with the following provisions: 31
(i) Notification. Upon issuance of a certificate of completeness for a comprehensive permit, 32
the local review board shall immediately notify each local board, as applicable, of the filing of the 33
application, by sending a copy to the local boards and to other parties entitled to notice of hearings 34
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on applications under the zoning ordinance and/or land development and subdivision regulations 1
as applicable. 2
(ii) Public notice. Public notice for all public hearings will be the same notice required 3
under local regulations for a public hearing for a preliminary plan promulgated in accordance with 4
§ 45-23-42. The cost of notice shall be paid by the applicant. 5
(iii) Review of minor projects. The review of a comprehensive permit application involving 6
only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief 7
from other local regulations or ordinances not otherwise addressed in this subsection, shall be 8
conducted following the procedures in the applicable local regulations, with the exception that all 9
minor land developments or minor subdivisions under this section are required to hold a public 10
hearing on the application, and within ninety-five (95) days of issuance of the certificate of 11
completeness, or within such further time as is agreed to by the applicant and the local review 12
board, render a decision. 13
(iv) Review of major projects. In the review of a comprehensive permit application 14
involving a major land development and/or major subdivision, the local review board shall hold a 15
public hearing on the master plan and shall, within ninety (90) days of issuance of the certification 16
of completeness, or within such further amount of time as may be agreed to by the local review 17
board and the applicant, render a decision. Preliminary and final plan review shall be conducted 18
according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise 19
specified in this section. 20
(2) Preliminary plan review. 21
(i) Submission requirements.-- Applications for preliminary plan review under this chapter 22
shall include: 23
(A) A letter of eligibility issued by the Rhode Island housing and mortgage finance 24
corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 25
Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 26
application in such form as may be prescribed for a municipal government subsidy; and 27
(B) A letter signed by the authorized representative of the applicant, setting forth the 28
specific sections and provisions of applicable local ordinances and regulations from which the 29
applicant is seeking adjustments; and 30
(C) A proposed timetable for the commencement of construction and completion of the 31
project; and 32
(D) Those items required by local regulations promulgated pursuant to applicable state law, 33
with the exception of evidence of state or federal permits; and for comprehensive permit 34
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applications included in the checklist for the preliminary plan review in the local regulations 1
promulgated pursuant to chapter 23 of title 45; and 2
(E) Notwithstanding the submission requirements set forth above, the local review board 3
may request additional, reasonable documentation throughout the public hearing, including, but not 4
limited to, opinions of experts, credible evidence of application for necessary federal and/or state 5
permits, statements and advice from other local boards and officials. 6
(ii) Certification of completeness. The preliminary plan application must be certified 7
complete or incomplete by the administrative officer according to the provisions of § 45-23-36; 8
provided, however, that the certificate shall be granted within twenty-five (25) days of submission 9
of the application. The running of the time period set forth herein will be deemed stopped upon the 10
issuance of a written certificate of incompleteness of the application by the administrative officer 11
and will recommence upon the resubmission of a corrected application by the applicant. However, 12
in no event will the administrative officer be required to certify a corrected submission as complete 13
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 14
the application as incomplete, the officer shall set forth in writing with specificity the missing or 15
incomplete items. 16
(iii) Review of applications. An application filed in accordance with this chapter shall be 17
reviewed in accordance with the following provisions: 18
(A) Public hearing. A public hearing shall be noticed and held as soon as practicable after 19
the issuance of a certificate of completeness. 20
(B) Notice. Public notice for the public hearing will be the same notice required under local 21
regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42. 22
The cost of notice shall be paid by the applicant. 23
(C) Timeframe for review. The local review board shall render a decision on the 24
preliminary plan application within ninety (90) days of the date the application is certified 25
complete, or within a further amount of time that may be consented to by the applicant through the 26
submission of a written consent. 27
(D) Failure to act. Failure of the local review board to act within the prescribed period 28
constitutes approval of the preliminary plan and a certificate of the administrative officer as to the 29
failure of the local review board to act within the required time and the resulting approval shall be 30
issued on request of the applicant. Further, if the public hearing is not convened or a decision is not 31
rendered within the time allowed in subsections (c)(2)(iii)(A) and (c)(2)(iii)(C) of this section, the 32
application is deemed to have been allowed and the preliminary plan approval shall be issued 33
immediately. 34
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(v)(E) Required findings for approval. In approving an application, the local review board 1
shall make positive findings, supported by legally competent evidence on the record that discloses 2
the nature and character of the observations upon which the fact finders acted, on each of the 3
following standard provisions, where applicable: 4
(A)(I) The proposed development is consistent with local needs as identified in the local 5
comprehensive community plan with particular emphasis on the community’s affordable housing 6
plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 7
(B)(II) The proposed development is in compliance with the standards and provisions of 8
the municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or 9
waived adjustments are requested by the applicant, that local concerns that have been affected by 10
the relief granted do not outweigh the state and local need for low- and moderate-income housing. 11
(C)(III) All low- and moderate-income housing units proposed are integrated throughout 12
the development; are compatible in scale and architectural style to the market rate units within the 13
project; and will be built and occupied prior to, or simultaneous with the construction and 14
occupancy of any market rate units. 15
(D) There will be no significant negative environmental impacts from the proposed 16
development as shown on the final plan, with all required conditions for approval. 17
(E)(IV) There will be no significant negative impacts on the health and safety of current or 18
future residents of the community, in areas including, but not limited to, safe circulation of 19
pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability 20
of potable water, adequate surface water run-off, and the preservation of natural, historical, or 21
cultural features that contribute to the attractiveness of the community. 22
(F)(V) All proposed land developments and all subdivisions lots will have adequate and 23
permanent physical access to a public street in accordance with the requirements of § 45-23-60(5). 24
(G)(VI) The proposed development will not result in the creation of individual lots with 25
any physical constraints to development that building on those lots according to pertinent 26
regulations and building standards would be impracticable, unless created only as permanent open 27
space or permanently reserved for a public purpose on the approved, recorded plans. 28
(vi) The local review board has the same power to issue permits or approvals that any local 29
board or official who would otherwise act with respect to the application, including, but not limited 30
to, the power to attach to the permit or approval, conditions, and requirements with respect to 31
height, site plan, size or shape, or building materials, as are consistent with the terms of this section. 32
(vii)(F) Required findings for denial. In reviewing the comprehensive permit request, the 33
local review board may deny the request for any of the following reasons: (A)(I) If the city or town 34
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has an approved affordable housing plan and is meeting housing needs, and the proposal is 1
inconsistent with the affordable housing plan; provided that, the local review board also finds that 2
the municipality has made significant progress in implementing that housing plan; (B)(II) The 3
proposal is not consistent with local needs, including, but not limited to, the needs identified in an 4
approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in 5
conformance with the comprehensive plan; (C)(III) The proposal is not in conformance with the 6
comprehensive plan; (D)(IV) The community has met or has plans to meet the goal of ten percent 7
(10%) of the year-round units or, in the case of an urban town or city, fifteen percent (15%) of the 8
occupied rental housing units as defined in § 45-53-3(4)(i) being low- and moderate-income 9
housing; provided that, the local review board also finds that the community has achieved or has 10
made significant progress towards meeting the goals required by this section; or (E)(V) Concerns 11
for the environment and the health and safety of current residents have not been adequately 12
addressed. 13
(iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with the 14
right to extend for two (2), one-year extensions upon written request by the applicant, who must 15
appear before the planning board for each annual review and provide proof of valid state or federal 16
permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 17
shown, if requested, in writing by the applicant, and approved by the local review board. The 18
vesting for the preliminary plan approval includes all ordinance provisions and regulations at the 19
time of the approval, general and specific conditions shown on the approved preliminary plan 20
drawings and supporting material. 21
(3) Final plan review. The second and final stage of review for the comprehensive permit 22
project shall be done administratively, unless an applicant has requested and been granted any 23
waivers from the submission of checklist items for preliminary plan review, and then, at the local 24
review board's discretion, it may vote to require the applicant to return for final plan review and 25
approval. 26
(i) Submission requirements. -- Applications for final plan review under this chapter shall 27
include: 28
(A) All required state and federal permits must be obtained prior to the final plan approval 29
or the issuance of a building permit; and 30
(B) A draft monitoring agreement which identifies an approved entity that will monitor the 31
long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and 32
(C) A sample land lease or deed restriction with affordability liens that will restrict use as 33
low- and moderate-income housing in conformance with the guidelines of the agency providing 34
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the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 1
years; and 2
(D) Those items required by local regulations promulgated pursuant to applicable state law 3
included in the checklist for final plan review in the local regulations promulgated pursuant to 4
chapter 23 of title 45, including, but not limited to: 5
(I) Arrangements for completion of the required public improvements, including 6
construction schedule and/or financial guarantees; and 7
(II) Certification by the tax collector that all property taxes are current; and 8
(III) For phased projects, the final plan for phases following the first phase, shall be 9
accompanied by copies of as-built drawings not previously submitted of all existing public 10
improvements for prior phases. 11
(ii) Certification of completeness. The final plan application must be certified complete or 12
incomplete by the administrative officer according to the provisions of § 45-23-36; provided 13
however, that, the certificate shall be granted within twenty-five (25) days of submission of the 14
application. The running of the time period set forth herein will be deemed stopped upon the 15
issuance of a written certificate of incompleteness of the application by the administrative officer 16
and will recommence upon the resubmission of a corrected application by the applicant. However, 17
in no event will the administrative officer be required to certify a corrected submission as complete 18
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 19
the application as incomplete, the officer shall set forth in writing with specificity the missing or 20
incomplete items. 21
(iii) Review of applications. 22
(A) Timeframe for review. The reviewing authority shall render a decision on the final plan 23
application within forty-five (45) days of the date the application is certified complete. 24
(B) Modifications and changes to plans: 25
(I) Minor changes, as defined in the local regulations, to the plans approved at preliminary 26
plan may be approved administratively, by the administrative officer, whereupon final plan 27
approval may be issued. The changes may be authorized without additional public hearings, at the 28
discretion of the administrative officer. All changes shall be made part of the permanent record of 29
the project application. This provision does not prohibit the administrative officer from requesting 30
a recommendation from either the technical review committee or the local review board. Denial of 31
the proposed change(s) shall be referred to the local review board for review as a major change. 32
(II) Major changes, as defined in the local regulations, to the plans approved at preliminary 33
plan may be approved only by the local review board and must follow the same review and public 34
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hearing process required for approval of preliminary plans as described in subsection (c)(2)(iii) of 1
this section. 2
(III) The administrative officer shall notify the applicant in writing within fourteen (14) 3
days of submission of the final plan application if the administrative officer is referring the 4
application to the local review board under this subsection. 5
(C) Decision on final plan. An application filed in accordance with this chapter shall be 6
approved by the administrative officer unless such application does not satisfy conditions set forth 7
in the preliminary plan approval decision or such application does not have the requisite state and/or 8
federal approvals or other required submissions, does not post the required improvement bonds, or 9
such application is a major modification of the plans approved at preliminary plan. 10
(D) Failure to act. Failure of the reviewing authority to act within the prescribed period 11
constitutes approval of the final plan and a certificate of the administrative officer as to the failure 12
to act within the required time and the resulting approval shall be issued on request of the applicant. 13
(iv) Vesting. The approved final plan is vested for a period of two (2) years with the right 14
to extend for one one-year extension upon written request by the applicant, who must appear before 15
the planning board for the extension request. Thereafter, vesting may be extended for a longer 16
period, for good cause shown, if requested, in writing by the applicant, and approved by the local 17
review board. 18
(4) Infeasibility of conditions of approval. The burden is on the applicant to show, by 19
competent evidence before the local review board, that proposed conditions of approval are 20
infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable 21
opportunity to respond to such proposed conditions prior to a final vote on the application. 22
(5) Fees. Municipalities may impose fees on comprehensive permit applications that are 23
consistent with but do not exceed fees that would otherwise be assessed for a project of the same 24
scope and type, but not proceeding under this chapter; provided, however, the imposition of such 25
fees shall not preclude a showing by an applicant that the fees make the project financially 26
infeasible; and 27
(6) Recording of written decisions. All written decisions on applications under this chapter 28
shall be recorded in the land evidence records within twenty (20) days after the local review board's 29
vote or the administrative officer's decision, as applicable. A copy of the recorded decision shall be 30
mailed within one business day of recording, by any method that provides confirmation of receipt, 31
to the applicant and to any objector who has filed a written request for notice with the administrative 32
officer. 33
(7) Local review board powers. The local review board has the same power to issue permits 34
LC002127/SUB A - Page 14 of 17
or approvals that any local board or official who would otherwise act with respect to the application, 1
including, but not limited to, the power to attach to the permit or approval, conditions, and 2
requirements with respect to height, site plan, size or shape, or building materials, as are consistent 3
with the terms of this section. 4
(viii)(8) Majority vote required. All local review board decisions on comprehensive 5
permits shall be by majority vote of the members present at the proceeding; provided that, there is 6
at least a quorum of the local review board present and voting at the proceeding, and may be 7
appealed by the applicant to the state housing appeals board. 8
(ix) If the public hearing is not convened or a decision is not rendered within the time 9
allowed in subsections (a)(4)(iii) and (iv), the application is deemed to have been allowed and the 10
relevant approval shall issue immediately; provided, however, that this provision shall not apply to 11
any application remanded for hearing in any town where more than one application has been 12
remanded for hearing provided for in § 45-53-6(f)(2). 13
(x) Any person aggrieved by the issuance of an approval may appeal to the superior court 14
within twenty (20) days of the issuance of approval. 15
(xi)(9) Construction timetable. A comprehensive permit shall expire unless construction is 16
started within twelve (12) months and completed within sixty (60) months of the recording of the 17
final plan approval unless a longer and/or phased period for development is agreed to by the local 18
review board and the applicant. Low- and moderate-income housing units shall be built and 19
occupied prior to, or simultaneous with the construction and occupancy of market rate units. 20
(xii)(10) For-profit developers -- Limits. A town with an approved affordable housing plan 21
and that is meeting local housing needs, as defined in this chapter, may by council action limit the 22
annual total number of dwelling units in comprehensive permit applications from for-profit 23
developers to an aggregate of one percent (1%) of the total number of year-round housing units in 24
the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth 25
elsewhere in this section, the local review board shall have the authority to consider comprehensive 26
permit applications from for-profit developers, which are made pursuant to this paragraph, 27
sequentially in the order in which they are submitted. 28
(xiii)(11) Report. The local review board of a town with an approved affordable housing 29
plan shall report the status of implementation to the housing resources commission, including the 30
disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006, 31
and for each June 30 thereafter by September 1 through 2010. The housing resources commission 32
shall prepare by October 15 and adopt by December 31, a report on the status of implementation, 33
which shall be submitted to the governor, the speaker, and the president of the senate, and the 34
LC002127/SUB A - Page 15 of 17
chairperson of the state housing appeals board, and shall find which towns are not in compliance 1
with implementation requirements. 2
(xiv)(12) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on 3
February 13, 2004, to a local review board shall commence hearings within thirty (30) days of 4
receiving an application remanded by the state housing appeals board pursuant to § 45-53-6(f)(2) 5
shall be heard as herein provided; in or superior court, as applicable. In any town with more than 6
one remanded application, applications may be scheduled for hearing in the order in which they 7
were received, and may be taken up sequentially, with the thirty-day (30) requirement for the 8
initiation of hearings, commencing upon the decision of the earlier filed application. 9
(b)(d)(1) The general assembly finds and declares that in January 2004 towns throughout 10
Rhode Island have been confronted by an unprecedented volume and complexity of development 11
applications as a result of private for-profit developers using the provisions of this chapter and that 12
in order to protect the public health and welfare in communities and to provide sufficient time to 13
establish a reasonable and orderly process for the consideration of applications made under the 14
provisions of this chapter, and to have communities prepare plans to meet low- and moderate-15
income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 16
permit applications as herein provided by private for-profit developers; a moratorium is hereby 17
imposed on the use of the provisions of this chapter by private for-profit developers, which 18
moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 19
prior to expiration and extended to such other date as may be established by law. Notwithstanding 20
the provisions of subsection (a) of this section, private for-profit developers may not utilize the 21
procedure of this chapter until the expiration of the moratorium. 22
(2) No for-profit developer shall submit a new application for comprehensive permits until 23
July 1, 2005, except by mutual agreement with the local review board. 24
(3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review 25
board in a town which has submitted a plan in accordance with subsection (c) of this section, shall 26
not be required to accept an application for a new comprehensive permit from a for-profit developer 27
until October 1, 2005. 28
(c)(e) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i) 29
shall prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-30
income housing as specified by § 45-53-3(4)(ii), consistent with applicable law and regulation. 31
That the secretary of the planning board or commission of each city or town subject to the 32
requirements of this paragraph shall report in writing the status of the preparation of the housing 33
element for low- and moderate-income housing on or before June 30, 2004, and on or before 34
LC002127/SUB A - Page 16 of 17
December 31, 2004, to the secretary of the state planning council, to the chair of the house 1
committee on corporations and to the chair of the senate committee on commerce, housing and 2
municipal government. The state housing appeals board shall use said plan elements in making 3
determinations provided for in § 45-53-6(c)(2). 4
(d)(f) If any provision of this section or the application thereof shall for any reason be 5
judged invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or 6
of any other provision of this chapter, but shall be confined in its effect to the provision or 7
application directly involved in the controversy giving rise to the judgment, and a moratorium on 8
the applications of for-profit developers pursuant to this chapter shall remain and continue to be in 9
effect for the period commencing on the day this section becomes law [February 13, 2004] and 10
continue until it shall expire on January 31, 2005, or until amended further. 11
(e)(g) In planning for, awarding, and otherwise administering programs and funds for 12
housing and for community development, state departments, agencies, boards and commissions, 13
and public corporations, as defined in chapter 18 of title 35, shall among the towns subject to the 14
provision of § 45-53-3(ii), give priority to the maximum extent allowable by law to towns with an 15
approved affordable housing plan. The director of administration shall adopt not later than January 16
31, 2005, regulations to implement the provisions of this section. 17
(f)(h) Multi-family rental units built under a comprehensive permit may be calculated 18
towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, 19
as long as the units meet and are in compliance with the provisions of § 45-53-3.1. 20
SECTION 2. This act shall take effect on January 1, 2024. 21
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LC002127/SUB A - Page 17 of 17
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INC OME HOUSING
***
This act would provide amendments relative to low- and moderate-income housing and 1
modify and clarify the procedure for review of applications to build such housing. 2
This act would take effect on January 1, 2024. 3
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LC002127/SUB A
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