2025 -- H 5689
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LC001296
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INCOME HOUS ING
Introduced By: Representatives Fellela, Fascia, Perez, Quattrocchi, Nardone, Santucci,
and Chippendale
Date Introduced: February 26, 2025
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. 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
(2) “Affordable housing plan” means a component of a housing element, as defined in § 11
45-22.2-4(1), that addresses housing needs in a city or town that is prepared in accordance with 12
guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(e)(1) 13
and (f). 14
(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 § 45-22.2-12. 1
(4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city or 2
town pursuant to chapters 22.2 and 22.3 of this title. 3
(5) “Consistent with local needs” means reasonable in view of the state need for low- and 4
moderate-income housing, considered with the impact to the total number of low-income persons 5
residing in the city or town affected and the need to protect the health and safety of the occupants 6
of the proposed housing or and of the residents of the city or town, to the impact on the public 7
school system, public transportation and public infrastructure in the city or town affected, to 8
promote better site and building design in relation to the surroundings, or to preserve open spaces, 9
and if the local zoning or land use ordinances, requirements, and regulations are applied as equally 10
as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, 11
requirements, or regulations are consistent with local needs when imposed by a city or town council 12
after a comprehensive hearing in a city or town where: 13
(i) Low- or moderate-income housing exists which is: (A) In the case of an urban city or 14
town which has at least 5,000 occupied year-round rental units and the units, as reported in the 15
latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-16
round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round 17
rental units; or (B) In the case of all other cities or towns, is in excess of ten percent (10%) of the 18
year-round housing units reported in the census. 19
(ii) The city or town has promulgated zoning or land use ordinances, requirements, and 20
regulations to implement a comprehensive plan that has been adopted and approved pursuant to 21
chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides 22
for low- and moderate-income housing in excess of either ten percent (10%) of the year-round 23
housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided 24
in subsection (5)(i). 25
(iii) Multi-family rental units built under a comprehensive permit may be calculated 26
towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, 27
as long as the units meet and are in compliance with the provisions of § 45-53-3.1. 28
(6) “Infeasible” means any condition brought about by any single factor or combination of 29
factors, as a result of limitations imposed on the development by conditions attached to the approval 30
of the comprehensive permit, to the extent that it makes it financially or logistically impracticable 31
for any applicant to proceed in building or operating low- or moderate-income housing within the 32
limitations set by the subsidizing agency of government or local review board, on the size or 33
character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and 34
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income permissible, and without substantially changing the rent levels and unit sizes proposed by 1
the applicant. 2
(7) “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage 3
finance corporation in accordance with § 42-55-5.3(a). 4
(8) “Local review board” means the planning board as defined by § 45-22.2-4. 5
(9) “Low- or moderate-income housing” shall be synonymous with “affordable housing” 6
as defined in § 42-128-8.1, and further means any type of housing whether built or operated by any 7
public agency or any nonprofit organization or by any limited equity housing cooperative or any 8
private developer, that is subsidized by a federal, state, or municipal government subsidy under any 9
program to assist the construction or rehabilitation of affordable housing and that will remain 10
affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other 11
period that is either agreed to by the applicant and town or prescribed by the federal, state, or 12
municipal government subsidy program but that is not less than thirty (30) years from initial 13
occupancy. 14
(i) Any housing unit that qualifies under this subsection (9) and under § 42-128-8.1 shall 15
be counted as one whole unit toward the municipality’s requirement for low- or moderate-income 16
housing. 17
(ii) Any mobile or manufactured home(s) that meet the requirements of § 42-128-18
8.1(d)(1)(ii) but are not subsidized by a federal, state, or municipal government subsidy and/or do 19
not have a deed restriction or land lease as described in this subsection (9), shall count as one-half 20
(½) of one unit for the purpose of the calculation of the total of low- or moderate-income year-21
round housing within a city or town, as long as a municipality contracts with a monitoring agent to 22
verify that the requirements of § 42-128-8.1(d)(1)(ii) are met for these units. Such units shall not 23
be required to meet the income verification requirements of § 42-128-8.1. The monitoring agent 24
shall provide a listing of the eligible units to Rhode Island Housing, who shall provide a report as 25
to the qualifying mobile or manufactured homes under this subsection (9) to the governor, speaker 26
of the house of representatives, senate president, and secretary of housing on an annual basis, 27
beginning on or before December 31, 2025. 28
(iii) Low- or moderate-income housing also includes rental property located within a 29
municipality that is secured with a federal government rental assistance voucher. 30
(iv) For the period beginning on or after July 1, 2024, any housing unit that qualifies as 31
low- or moderate-income housing under this subsection (9) and under § 42-128-8.1 and any rental 32
property secured with a federal government rental assistance voucher that does not otherwise meet 33
the other requirements to qualify as low- or moderate-income housing under this section shall be 34
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counted as one whole unit toward the municipality’s requirement for low- or moderate-income 1
housing, as long as a municipality confirms with the issuing authority that the voucher is in good 2
standing and active. 3
(10) “Meeting local housing needs” means as a result of the adoption of the implementation 4
program of an approved affordable housing plan, the absence of unreasonable denial of applications 5
that are made pursuant to an approved affordable housing plan in order to accomplish the purposes 6
and expectations of the approved affordable housing plan, and a showing that at least twenty percent 7
(20%) of the total residential units approved by a local review board or any other municipal board 8
in a calendar year are for low- and moderate-income housing as defined in § 42-128-8.1. 9
(11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island 10
housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight 11
set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4. 12
(12) “Municipal government subsidy” means assistance that is made available through a 13
city or town program sufficient to make housing affordable, as affordable housing is defined in § 14
42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct 15
financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses 16
and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any 17
combination of forms of assistance. 18
(13) “Substantial multi-family housing project” means any application proposing to build 19
low- or moderate-income housing that exceeds sixty (60) units, inclusive of any density bonus 20
allowance pursuant to § 45-53-4, in any municipality with a population less than thirty-five 21
thousand (35,000) residents according to the United States Census Bureau. 22
45-53-4. Procedure for approval of construction of low- or moderate-income housing. 23
(a)(1) Excluding any application for substantial multi-family housing project, any Any 24
applicant proposing to build low- or moderate-income housing may submit to the local review 25
board a single application for a comprehensive permit to build that housing in lieu of separate 26
applications to the applicable local boards. This procedure is only available for proposals in which 27
at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 28
(2) Any applicant proposing to build a substantial multi-family housing project shall submit 29
separate applications to the applicable boards who shall hear testimony and make findings that the 30
project is consistent with local needs. 31
(b) Municipal government subsidies, including adjustments and zoning incentives, are to 32
be made available to applications under this chapter to offset the differential costs of the low- or 33
moderate-incoming housing units in a development under this chapter. At a minimum, the 34
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following zoning incentives shall be allowed for projects submitted under this chapter: 1
(1) Density bonus. A municipality shall provide an applicant with more dwelling units 2
than allowed by right under its zoning ordinance in the form of a density bonus to allow an increase 3
in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal 4
government subsidies as defined in § 45-53-3. Furthermore, a municipality shall provide, at a 5
minimum, the following density bonuses for projects submitted under this chapter, provided that 6
the total land utilized in the density calculation shall exclude wetlands; wetland buffers; area 7
devoted to infrastructure necessary for development; and easements or rights of way of record: 8
(i) For properties connected to public sewer and water, or eligible to be connected to public 9
sewer and water based on written confirmation from each respective service provider, the density 10
bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income 11
housing shall be at least five (5) units per acre; 12
(ii) For properties connected to public sewer and water, or eligible to be connected to public 13
sewer and water based on written confirmation from each respective service provider, the density 14
bonus for a project that provides at least fifty percent (50%) low- and moderate-income housing 15
shall be at least nine (9) units per acre; 16
(iii) For properties connected to public sewer and water, or eligible to be connected to 17
public sewer and water based on written confirmation from each respective service provider, the 18
density bonus for a project that provides one hundred percent (100%) low- and moderate-income 19
housing shall be at least twelve (12) units per acre; 20
(iv) For properties not connected to either public water or sewer or both, but which provide 21
competent evidence as to the availability of water to service the development and/or a permit for 22
on-site wastewater treatment facilities to service the dwelling units from the applicable state 23
agency, the density bonus for a project that provides at least twenty-five percent (25%) low- and 24
moderate-income housing shall be at least three (3) units per acre; 25
(v) For properties not connected to either public water or sewer or both, but which provide 26
competent evidence as to the availability of water to service the development and/or a permit for 27
on-site wastewater treatment facilities to service the dwelling units from the applicable state 28
agency, the density bonus for a project that provides at least fifty percent (50%) low- and moderate-29
income housing shall be at least five (5) units per acre; 30
(vi) For properties not connected to either public water or sewer or both, but which provide 31
competent evidence as to the availability of water to service the development and/or a permit for 32
on-site wastewater treatment facilities to service the dwelling units from the applicable state 33
agency, the density bonus for a project that provides one hundred percent (100%) low- and 34
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moderate-income housing shall be at least eight (8) units per acre; 1
(2) Parking. A municipality shall not require more than one off-street parking space per 2
dwelling unit for units up to and including two (2) bedrooms in applications submitted under this 3
chapter; 4
(3) Bedrooms. A municipality shall not limit the number of bedrooms for applications 5
submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single-6
family dwelling units; 7
(4) Floor area. A municipality shall not utilize floor area requirements to limit any 8
application, except as provided by § 45-24.3-11. 9
(c) A municipality shall not restrict comprehensive permit applications and permits by any 10
locally adopted ordinance or policy that places a limit or moratorium on the development of 11
residential units. 12
(d) The application and review process for a comprehensive permit shall be as follows: 13
(1) Pre-application conference. (i) Excluding an application for substantial multi-family 14
housing project a A municipality may require an applicant proposing a project under this chapter 15
to 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 as appropriate. In advance 18
of a pre-application conference, the applicant shall be required to submit only a short description 19
of the project in writing including the number of units, type of housing, density analysis, 20
preliminary list of adjustments needed, as well as a location map, and conceptual site plan. The 21
purpose of the pre-application conference shall be to review a concept plan of the proposed 22
development and to elicit feedback from the reviewing person or board. Upon receipt of a request 23
by an applicant for a pre-application conference, the municipality shall have thirty (30) days to 24
schedule and hold the pre-application conference, unless a different timeframe is agreed to by the 25
applicant in writing. If thirty (30) days has elapsed from the filing of the pre-application submission 26
and no pre-application conference has taken place, nothing shall be deemed to preclude an applicant 27
from thereafter filing and proceeding with an application for preliminary plan review for a 28
comprehensive permit. 29
(ii) For any application for a substantial multi-family housing project, a municipality shall 30
require an applicant proposing such project to seek a pre-approval conference with the local review 31
board, the technical review committee established pursuant to § 45-23-56, or with the 32
administrative officer for the local review board as appropriate. In advance of a pre-application 33
conference, the applicant shall be required to submit a description of the project in writing, 34
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including the number of units, type of housing, density analysis, preliminary list of adjustments 1
needed, as well as location map, and conceptual site plan. The purpose of the pre-application 2
conference shall be to review a concept plan of the proposed development and to elicit feedback 3
from the reviewing person or board. Upon receipt of a request by an applicant for pre-application 4
conference, the municipality shall have thirty (30) days to schedule and hold the pre-application 5
conference, unless a different timeframe is agreed to by the applicant in writing. If thirty (30) days 6
has elapsed from the filing of the pre-application submission and no pre-application conference has 7
taken place, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding 8
with an application for preliminary plan review for said project. 9
(2) Preliminary plan review. 10
(i) Submission requirements. Applications for preliminary plan review under this chapter 11
shall include: 12
(A) A letter of eligibility issued by the Rhode Island housing and mortgage finance 13
corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 14
Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 15
application in such form as may be prescribed for a municipal government subsidy; and 16
(B) A letter signed by the authorized representative of the applicant, setting forth the 17
specific sections and provisions of applicable local ordinances and regulations from which the 18
applicant is seeking adjustments; and 19
(C) A proposed timetable for the commencement of construction and completion of the 20
project; and 21
(D) Those items required by local regulations promulgated pursuant to applicable state law, 22
with the exception of evidence of state or federal permits; and for comprehensive permit 23
applications included in the checklist for the preliminary plan review in the local regulations 24
promulgated pursuant to chapter 23 of this title; and 25
(E) Notwithstanding the submission requirements set forth above, the local review board 26
may request additional, reasonable documentation throughout the public hearing, including, but not 27
limited to, opinions of experts, credible evidence of application for necessary federal and/or state 28
permits, statements and advice from other local boards and officials. 29
(F) Notwithstanding the submission requirements set forth in subsection (d)(1)(ii) of this 30
section, for an application for a substantial multi-family housing project, the local review board 31
shall also require the applicant to provide documentation that the project is consistent with local 32
need. 33
(ii) Certification of completeness. The preliminary plan application must be certified 34
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complete or incomplete by the administrative officer according to the provisions of § 45-23-36; 1
provided, however, that the certificate shall be granted within twenty-five (25) days of submission 2
of the application. The running of the time period set forth herein will be deemed stopped upon the 3
issuance of a written certificate of incompleteness of the application by the administrative officer 4
and will recommence upon the resubmission of a corrected application by the applicant. However, 5
in no event will the administrative officer be required to certify a corrected submission as complete 6
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 7
the application as incomplete, the officer shall set forth in writing with specificity the missing or 8
incomplete items. 9
(iii) Review of applications. An application filed in accordance with this chapter shall be 10
reviewed in accordance with the following provisions: 11
(A) Public hearing. A public hearing shall be noticed and held as soon as practicable after 12
the issuance of a certificate of completeness. 13
(B) Notice. Public notice for the public hearing will be the same notice required under local 14
regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42. 15
The cost of notice shall be paid by the applicant. 16
(C) Timeframe for review. The local review board shall render a decision on the 17
preliminary plan application within ninety (90) days of the date the application is certified 18
complete, or within a further amount of time that may be consented to by the applicant through the 19
submission of a written consent. 20
(D) Failure to act. Failure of the local review board to act within the prescribed period 21
constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the 22
failure of the local review board to act within the required time and the resulting approval shall be 23
issued on request of the applicant. Further, if the public hearing is not convened or a decision is not 24
rendered within the time allowed in subsections (d)(2)(iii)(A) and (d)(2)(iii)(C) of this section, the 25
application is deemed to have been allowed and the preliminary plan approval shall be issued 26
immediately. 27
(E) Required findings for approval. In approving an application, the local review board 28
shall make positive findings, supported by legally competent evidence on the record that discloses 29
the nature and character of the observations upon which the fact finders acted, on each of the 30
following standard provisions, where applicable: 31
(I) The proposed development is consistent with local needs as identified in the local 32
comprehensive community plan with particular emphasis on the community’s affordable housing 33
plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 34
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(II) The proposed development is in compliance with the standards and provisions of the 1
municipality’s zoning ordinance and subdivision regulations, and/or where adjustments are 2
requested by the applicant, that local concerns that have been affected by the relief granted do not 3
outweigh the state and local need for low- and moderate-income housing. 4
(III) All low- and moderate-income housing units proposed are integrated throughout the 5
development; are compatible in scale and architectural style to the market rate units within the 6
project; and will be built and occupied prior to, or simultaneous with the construction and 7
occupancy of any market rate units. 8
(IV) There will be no significant negative impacts on the local needs including, but not 9
limited to, the public school system, public transportation, and public infrastructure in a 10
community, the health and safety of current or future residents of the community, in areas 11
including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of 12
emergency services, sewerage disposal, availability of potable water, adequate surface water run-13
off, and the preservation of natural, historical, or cultural features that contribute to the 14
attractiveness of the community. 15
(V) All proposed land developments and all subdivisions lots will have adequate and 16
permanent physical access to a public street in accordance with the requirements of § 45-23-17
60(a)(5). 18
(VI) The proposed development will not result in the creation of individual lots with any 19
physical constraints to development that building on those lots according to pertinent regulations 20
and building standards would be impracticable, unless created only as permanent open space or 21
permanently reserved for a public purpose on the approved, recorded plans. 22
(F) Required findings for denial. In reviewing the comprehensive permit request, the 23
local review board may deny the request for any of the following reasons: (I) If the city or town 24
has an approved affordable housing plan and is meeting housing needs, and the proposal is 25
inconsistent with the affordable housing plan; provided that, the local review board also finds that 26
the municipality has made significant progress in implementing that housing plan; (II) The proposal 27
is not consistent with local needs, including, but not limited to, the impact on the public school 28
system, public transportation, and public infrastructure in a community, the needs identified in an 29
approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in 30
conformance with the comprehensive plan; (III) The proposal is not in conformance with the 31
comprehensive plan; (IV) The community has met or has plans to meet the goal of ten percent 32
(10%) of the year-round units or, in the case of an urban town or city, fifteen percent (15%) of the 33
occupied rental housing units as defined in § 45-53-3(5)(i) being low- and moderate-income 34
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housing; provided that, the local review board also finds that the community has achieved or has 1
made significant progress towards meeting the goals required by this section; or (V) Concerns for 2
the environment and the health and safety of current residents have not been adequately addressed. 3
(iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with 4
the right to extend for two (2), one-year extensions upon written request by the applicant, who must 5
appear before the planning board for each annual review and provide proof of valid state or federal 6
permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 7
shown, if requested, in writing by the applicant, and approved by the local review board. The 8
vesting for the preliminary plan approval includes all ordinance provisions and regulations at the 9
time of the approval, general and specific conditions shown on the approved preliminary plan 10
drawings and supporting material. 11
(3) Final plan review. Excluding an application for a substantial multi-family housing 12
project, the The second and final stage of review for the comprehensive permit project shall be 13
done administratively, unless an applicant has requested and been granted any waivers from the 14
submission of checklist items for preliminary plan review, and then, at the local review board’s 15
discretion, it may vote to require the applicant to return for final plan review and approval. All 16
applications for a substantial multi-family housing project shall require the applicant to return for 17
the final plan preview and approval. 18
(i) Submission requirements. Applications for final plan review under this chapter shall 19
include: 20
(A) All required state and federal permits must be obtained prior to the final plan approval 21
or the issuance of a building permit; and 22
(B) A draft monitoring agreement which identifies an approved entity that will monitor the 23
long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and 24
(C) A sample land lease or deed restriction with affordability liens that will restrict use as 25
low- and moderate-income housing in conformance with the guidelines of the agency providing 26
the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 27
years; and 28
(D) Those items required by local regulations promulgated pursuant to applicable state law 29
included in the checklist for final plan review in the local regulations promulgated pursuant to 30
chapter 23 of this title, including, but not limited to: 31
(I) Arrangements for completion of the required public improvements, including 32
construction schedule and/or financial guarantees; and 33
(II) Certification by the tax collector that all property taxes are current; and 34
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(III) For phased projects, the final plan for phases following the first phase, shall be 1
accompanied by copies of as-built drawings not previously submitted of all existing public 2
improvements for prior phases. 3
(ii) Certification of completeness. The final plan application must be certified complete 4
or incomplete by the administrative officer according to the provisions of § 45-23-36; provided 5
however, that the certificate shall be granted within twenty-five (25) days of submission of the 6
application. The running of the time period set forth herein will be deemed stopped upon the 7
issuance of a written certificate of incompleteness of the application by the administrative officer 8
and will recommence upon the resubmission of a corrected application by the applicant. However, 9
in no event will the administrative officer be required to certify a corrected submission as complete 10
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 11
the application as incomplete, the officer shall set forth in writing with specificity the missing or 12
incomplete items. 13
(iii) Review of applications. 14
(A) Timeframe for review. The reviewing authority shall render a decision on the final 15
plan application within forty-five (45) days of the date the application is certified complete. 16
(B) Modifications and changes to plans: 17
(I) Excluding an application for substantial multi-family housing project, minor Minor 18
changes, as defined in the local regulations, to the plans approved at preliminary plan may be 19
approved administratively, by the administrative officer, whereupon final plan approval may be 20
issued. The changes may be authorized without additional public hearings, at the discretion of the 21
administrative officer. All changes shall be made part of the permanent record of the project 22
application. This provision does not prohibit the administrative officer from requesting a 23
recommendation from either the technical review committee or the local review board. Denial of 24
the proposed change(s) shall be referred to the local review board for review as a major change. 25
(II) Minor changes, as defined in the local regulations, for any substantial multi-family 26
housing project and all major Major changes, as defined in the local regulations, to the plans 27
approved at preliminary plan may be approved only by the local review board and must follow the 28
same review and public hearing process required for approval of preliminary plans as described in 29
subsection (d)(2)(iii) of this section. 30
(III) The administrative officer shall notify the applicant in writing within fourteen (14) 31
days of submission of the final plan application if the administrative officer is referring the 32
application to the local review board under this subsection. 33
(C) Decision on final plan. An application filed in accordance with this chapter shall be 34
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approved by the administrative officer unless such application does not satisfy conditions set forth 1
in the preliminary plan approval decision or such application does not have the requisite state and/or 2
federal approvals or other required submissions, does not post the required improvement bonds, or 3
such application is a major modification of the plans approved at preliminary plan. 4
(D) Failure to act. Excluding an application for a substantial multi-family housing project, 5
failure Failure of the reviewing authority to act within the prescribed period constitutes approval 6
of the final plan, and a certificate of the administrative officer as to the failure to act within the 7
required time and the resulting approval shall be issued on request of the applicant. 8
(iv) Vesting. The approved final plan is vested for a period of two (2) years with the right 9
to extend for one one-year extension upon written request by the applicant, who must appear before 10
the planning board for the extension request. Thereafter, vesting may be extended for a longer 11
period, for good cause shown, if requested, in writing by the applicant, and approved by the local 12
review board. 13
(4) Infeasibility of conditions of approval. The burden is on the applicant to show, by 14
competent evidence before the local review board, that proposed conditions of approval are 15
infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable 16
opportunity to respond to such proposed conditions prior to a final vote on the application. 17
(5) Fees. Municipalities may impose fees on comprehensive permit applications that are 18
consistent with but do not exceed fees that would otherwise be assessed for a project of the same 19
scope and type, but not proceeding under this chapter; provided, however, the imposition of such 20
fees shall not preclude a showing by an applicant that the fees make the project financially 21
infeasible. 22
(6) Recording of written decisions. All written decisions on applications under this 23
chapter shall be recorded in the land evidence records within twenty (20) days after the local review 24
board’s vote or the administrative officer’s decision, as applicable. A copy of the recorded decision 25
shall be mailed within one business day of recording, by any method that provides confirmation of 26
receipt, to the applicant and to any objector who has filed a written request for notice with the 27
administrative officer. 28
(7) Local review board powers. The local review board has the same power to issue 29
permits or approvals that any local board or official who would otherwise act with respect to the 30
application, including, but not limited to, the power to attach to the permit or approval, conditions, 31
and requirements with respect to height, site plan, size or shape, or building materials, as are 32
consistent with the terms of this section. 33
(8) Majority vote required. 34
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(i) Excluding an application for a substantial multi-family housing project, all All local 1
review board decisions on comprehensive permits shall be by majority vote of the members present 2
at the proceeding. 3
(ii) All local review board decisions on an application for a substantial multi-family 4
housing project shall be by a majority vote of the entire board. 5
(9) Construction timetable. A comprehensive permit shall expire unless construction is 6
started within twelve (12) months and completed within sixty (60) months of the recording of the 7
final plan unless a longer and/or phased period for development is agreed to by the local review 8
board and the applicant. Low- and moderate-income housing units shall be built and occupied prior 9
to, or simultaneous with the construction and occupancy of market rate units. 10
(10) For-profit developers — Limits. A town with an approved affordable housing plan 11
and that is meeting local housing needs, as defined in this chapter, may by council action limit the 12
annual total number of dwelling units in comprehensive permit applications from for-profit 13
developers to an aggregate of one percent (1%) of the total number of year-round housing units in 14
the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth 15
elsewhere in this section, the local review board shall have the authority to consider comprehensive 16
permit applications from for-profit developers, which are made pursuant to this paragraph, 17
sequentially in the order in which they are submitted. 18
(11) Report. The local review board of a town with an approved affordable housing plan 19
shall report the status of implementation to the housing resources commission, including the 20
disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006, 21
and for each June 30 thereafter by September 1 through 2010. The housing resources commission 22
shall prepare by October 15 and adopt by December 31, a report on the status of implementation, 23
which shall be submitted to the governor, the speaker and the president of the senate, and shall find 24
which towns are not in compliance with implementation requirements. 25
(12) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on 26
February 13, 2004, a local review board shall commence hearings within thirty (30) days of 27
receiving an application remanded pursuant to § 45-53-5 or, effective January 1, 2024, § 45-53-28
5.1. In any town with more than one remanded application, applications may be scheduled for 29
hearing in the order in which they were received, and may be taken up sequentially, with the thirty-30
day (30) requirement for the initiation of hearings, commencing upon the decision of the earlier 31
filed application. 32
(e)(1) The general assembly finds and declares that in January 2004 towns throughout 33
Rhode Island have been confronted by an unprecedented volume and complexity of development 34
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applications as a result of private for-profit developers using the provisions of this chapter and that 1
in order to protect the public health and welfare in communities and to provide sufficient time to 2
establish a reasonable and orderly process for the consideration of applications made under the 3
provisions of this chapter, and to have communities prepare plans to meet low- and moderate-4
income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 5
permit applications as herein provided by private for-profit developers; a moratorium is hereby 6
imposed on the use of the provisions of this chapter by private for-profit developers, which 7
moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 8
prior to expiration and extended to such other date as may be established by law. Notwithstanding 9
the provisions of subsection (a) of this section, private for-profit developers may not utilize the 10
procedure of this chapter until the expiration of the moratorium. 11
(2) No for-profit developer shall submit a new application for comprehensive permits until 12
July 1, 2005, except by mutual agreement with the local review board. 13
(3) Notwithstanding the provisions of subsection (e)(2) of this section, a local review board 14
in a town which has submitted a plan in accordance with subsection (f) of this section, shall not be 15
required to accept an application for a new comprehensive permit from a for-profit developer until 16
October 1, 2005. 17
(f) Towns and cities that are not in conformity with the provisions of § 45-53-3(5)(i) shall 18
prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-19
income housing as specified by § 45-53-3(5)(ii), consistent with applicable law and regulation. 20
That the secretary of the planning board or commission of each city or town subject to the 21
requirements of this paragraph shall report in writing the status of the preparation of the housing 22
element for low- and moderate-income housing on or before June 30, 2004, and on or before 23
December 31, 2004, to the secretary of the state planning council, to the chair of the house 24
committee on corporations and to the chair of the senate committee on commerce, housing and 25
municipal government. 26
(g) If any provision of this section or the application thereof shall for any reason be judged 27
invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any 28
other provision of this chapter, but shall be confined in its effect to the provision or application 29
directly involved in the controversy giving rise to the judgment, and a moratorium on the 30
applications of for-profit developers pursuant to this chapter shall remain and continue to be in 31
effect for the period commencing on the day this section becomes law [February 13, 2004] and 32
continue until it shall expire on January 31, 2005, or until amended further. 33
(h) In planning for, awarding, and otherwise administering programs and funds for housing 34
LC001296 - Page 15 of 16
and for community development, state departments, agencies, boards and commissions, and public 1
corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of 2
§ 45-53-3(5)(ii), give priority to the maximum extent allowable by law to towns with an approved 3
affordable housing plan. The director of administration shall adopt not later than January 31, 2005, 4
regulations to implement the provisions of this section. 5
(i) Multi-family rental units built under a comprehensive permit may be calculated towards 6
meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long 7
as the units meet and are in compliance with the provisions of § 45-53-3.1. 8
SECTION 2. This act shall take effect upon passage. 9
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LC001296 - Page 16 of 16
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INCOME HOUS ING
***
This act would define a substantial multi-family housing project as any application 1
proposing to build low- or moderate-income housing that exceeds sixty (60) units, in any 2
municipality with a population less than thirty-five thousand (35,000) residents. Additionally, this 3
act would require a majority vote of all board members for substantial multi-family housing project. 4
Also, for any application for a substantial multi-family housing project, a municipality would 5
require an applicant proposing to seek a pre-approval conference with the local review board, the 6
technical review committee established pursuant to § 45-23-56, or with the administrative officer 7
for the local review board as appropriate. In advance of a pre-application conference, the applicant 8
would be required to submit a description of the project in writing including the number of units, 9
type of housing, density analysis, preliminary list of adjustments needed, as well as location map, 10
and conceptual site plan, the municipality shall have thirty (30) days to schedule and hold the pre-11
application conference. 12
This act would take effect upon passage. 13
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