2025 -- H 5801
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LC002161
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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: Representative June Speakman
Date Introduced: February 27, 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 low- and moderate-income housing needs in a city or town that is 12
prepared in accordance with guidelines adopted by the state planning council, and/or to meet the 13
provisions of § 45-53-4(e)(1) 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 is part of an approved 16
local comprehensive plan as promulgated by the state planning council; provided, however, that 17
state review and approval, for plans submitted by December 31, 2004, shall not be contingent on 18
the city or town having completed, adopted, or amended its comprehensive plan as provided for in 19
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§ 45-22.2-8, § 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 chapter 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 number of low-income persons in the city or town 5
affected and the need to protect the health and safety of the occupants of the proposed housing or 6
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 subsection (5)(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
(6) “Infeasible” means any condition brought about by any single factor or combination of 28
factors, as a result of limitations imposed on the development by conditions attached to the approval 29
of the comprehensive permit, to the extent that it makes it financially or logistically impracticable 30
for any applicant to proceed in building or operating low- or moderate-income housing within the 31
limitations set by the subsidizing agency of government or local review board, on the size or 32
character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and 33
income permissible, and without substantially changing the rent levels and unit sizes proposed by 34
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the applicant. 1
(7) “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage 2
finance corporation in accordance with § 42-55-5.3(a). 3
(8) “Local review board” means the local planning board or commission as defined by § 4
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
45-53-4. Procedure for approval of construction of low- or moderate-income housing. 19
(a) Any applicant proposing to build low- or moderate-income housing may submit to the 20
local review board a single application for a comprehensive permit to build that housing in lieu of 21
separate applications to the applicable local boards. This procedure is only available for proposals 22
in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 23
(b) Municipal government subsidies, including density bonuses, adjustments and zoning 24
incentives, are to be made available to applications under this chapter to offset the differential costs 25
of the low- or moderate-incoming housing units in a development under this chapter. At a 26
minimum, the following zoning incentives shall be allowed for projects submitted under this 27
chapter: 28
(1) Density bonus. A municipality shall provide an applicant with more dwelling units 29
than allowed by right under its zoning ordinance in the form of a density bonus to allow an increase 30
in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal 31
government subsidies as defined in § 45-53-3. 32
Furthermore, a municipality shall provide, at a minimum, the following density bonuses 33
for projects submitted under this chapter, provided that the total land utilized in the density 34
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calculation shall exclude wetlands; wetland buffers; area devoted to roadway infrastructure 1
necessary for development; and easements or rights of way of record: 2
(i) For properties connected to public sewer and water, or eligible to be connected to public 3
sewer and water based on written confirmation from each respective service provider, the density 4
bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income 5
housing shall be at least five (5) units per acre; 6
(ii) For properties connected to public sewer and water, or eligible to be connected to public 7
sewer and water based on written confirmation from each respective service provider, the density 8
bonus for a project that provides at least fifty percent (50%) low- and moderate-income housing 9
shall be at least nine (9) units per acre; 10
(iii) For properties connected to public sewer and water, or eligible to be connected to 11
public sewer and water based on written confirmation from each respective service provider, the 12
density bonus for a project that provides one hundred percent (100%) low- and moderate-income 13
housing shall be at least twelve (12) units per acre; 14
(iv) For properties not connected to either public water or sewer or both, but which provide 15
competent evidence as to the availability of water to service the development and/or a permit for 16
on-site wastewater treatment facilities to service the dwelling units from the applicable state 17
agency, the density bonus for a project that provides at least twenty-five percent (25%) low- and 18
moderate-income housing shall be at least three (3) units per acre; 19
(v) For properties not connected to either public water or sewer or both, but which provide 20
competent evidence as to the availability of water to service the development and/or a permit for 21
on-site wastewater treatment facilities to service the dwelling units from the applicable state 22
agency, the density bonus for a project that provides at least fifty percent (50%) low- and moderate-23
income housing shall be at least five (5) units per acre; 24
(vi) For properties not connected to either public water or sewer or both, but which provide 25
competent evidence as to the availability of water to service the development and/or a permit for 26
on-site wastewater treatment facilities to service the dwelling units from the applicable state 27
agency, the density bonus for a project that provides one hundred percent (100%) low- and 28
moderate-income housing shall be at least eight (8) units per acre; 29
(2) Parking. A municipality shall not require more than one off-street parking space per 30
dwelling unit for units up to and including two (2) bedrooms in applications submitted under this 31
chapter; 32
(3) Bedrooms. A municipality shall not limit the number of bedrooms for applications 33
submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single-34
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family dwelling units; 1
(4) Floor area. A municipality shall not utilize floor area requirements to limit any 2
application, except as provided by § 45-24.3-11. 3
(c) A municipality shall not restrict comprehensive permit applications and permits by any 4
locally adopted ordinance or policy that places a limit or moratorium on the development of 5
residential units. 6
(d) The application and review process for a comprehensive permit shall be as follows: 7
(1) Pre-application conference. A municipality may require an applicant proposing a 8
project under this chapter, who is not electing to have master plan review, to complete, or the 9
applicant proposing a project under this chapter may request a pre-application conference with the 10
local review board, the technical review committee established pursuant to § 45-23-56, or with the 11
administrative officer for the local review board as appropriate. In advance of a pre-application 12
conference, the applicant shall be required to submit only a short description of the project in 13
writing including the number of units, type of housing, density analysis, preliminary list of 14
adjustments needed, as well as a location map, and conceptual site plan. The purpose of the pre-15
application conference shall be to review a concept plan of the proposed development and to elicit 16
feedback from the reviewing person or board. Upon receipt of a request by an applicant for a pre-17
application conference, the municipality shall have thirty (30) days to schedule and hold the pre-18
application conference, unless a different timeframe is agreed to by the applicant in writing. If thirty 19
(30) days has elapsed from the filing of the pre-application submission and no pre-application 20
conference has taken place, nothing shall be deemed to preclude an applicant from thereafter filing 21
and proceeding with an application for preliminary plan review for a comprehensive permit. 22
(2) Optional master plan. An applicant may elect to apply for and be heard on master plan 23
review prior to preliminary plan submission. If a master plan review is elected by the applicant the 24
following shall apply: 25
(i) Submission requirements. Submission requirements for master plan review shall be 26
limited to the following: 27
(A) An application form and fee; 28
(B) A short description of the project in writing including the number of units, type of 29
housing, density analysis, list of adjustments needed, as well as a location map, and preliminary 30
determinations as to site constraints; 31
(C) Conceptual site plans showing infrastructure locations for roadways, preliminary 32
locations and design of conceptual stormwater facilities, location of sewer and water lines and/or 33
wells and on-site wastewater treatment systems, locations of housing units, estimated locations of 34
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site constraints and wetlands; 1
(D) A preliminary traffic opinion for projects of over thirty (30) dwelling units; 2
(E) If the applicant submits any requests for adjustments at master plan, a public hearing 3
shall be held in the same manner as during preliminary plan review as set forth in this section and 4
the applicant shall be responsible for providing the list of abutters and all advertising costs. 5
(ii) Certification of completeness. The master plan application must be certified complete 6
or incomplete by the administrative officer according to the provisions of § 45-23-36; provided, 7
however, that the certificate shall be granted within twenty-five (25) days of submission of the 8
application. The running of the time period set forth herein will be deemed stopped upon the 9
issuance of a written certificate of incompleteness of the application by the administrative officer 10
and will recommence upon the resubmission of a corrected application by the applicant. However, 11
in no event will the administrative officer be required to certify a corrected submission as complete 12
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 13
the application as incomplete, the officer shall set forth in writing with specificity the missing or 14
incomplete items. 15
(iii) Review of applications. A master plan application filed in accordance with this chapter 16
shall be reviewed in accordance with the following provisions: 17
(A) Timeframe for review. The local review board shall render a decision on the master 18
plan application within sixty (60) days of the date the application is certified complete, or within a 19
further amount of time that may be consented to by the applicant through the submission of a 20
written consent. 21
(B) Failure to act. Failure of the local review board to act within the prescribed period 22
constitutes approval of the master plan, and a certificate of the administrative officer as to the failure 23
of the local review board to act within the required time and the resulting approval shall be issued 24
on request of the applicant. 25
(C) Required findings. In voting on an application, the local review board shall make 26
findings, supported by legally competent evidence on the record that discloses the nature and 27
character of the observations upon which the fact finders acted, on the standards required for 28
preliminary plan review in this section, to the extent applicable at the master plan. The failure to 29
provide information which is required later at preliminary plan review shall not form a basis for 30
denial. If the board votes to defer a finding to preliminary plan it shall do so on the record during 31
the proceedings and in the written decision and specify what items are necessary for review at the 32
preliminary plan stage in order to address that finding. 33
(iv) Vesting. The approved master plan is vested for a period of two (2) years with the right 34
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to extend for two (2), one-year extensions upon written request by the applicant, who must appear 1
before the planning board for each annual review. Thereafter, vesting may be extended for a longer 2
period, for good cause shown, if requested, in writing by the applicant, and approved by the local 3
review board. The vesting for the master plan approval includes all ordinance provisions and 4
regulations at the time of the approval, general and specific conditions shown on the approved 5
preliminary plan drawings and supporting material. 6
(2)(3) Preliminary plan review. 7
(i) Submission requirements. Applications for preliminary plan review under this chapter 8
shall include: 9
(A) A letter of eligibility issued by the Rhode Island housing and mortgage finance 10
corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 11
Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 12
application in such form as may be prescribed for a municipal government subsidy; and 13
(B) A letter signed by the authorized representative of the applicant, setting forth the 14
specific sections and provisions of applicable local ordinances and regulations from which the 15
applicant is seeking adjustments; and 16
(C) A proposed timetable for the commencement of construction and completion of the 17
project; and 18
(D) Those items required by local regulations promulgated pursuant to applicable state law, 19
with the exception of evidence of state or federal permits; and for comprehensive permit 20
applications included in the checklist for the preliminary plan review in the local regulations 21
promulgated pursuant to chapter 23 of this title; and 22
(E) Notwithstanding the submission requirements set forth above, the local review board 23
may request additional, reasonable documentation throughout the public hearing, including, but not 24
limited to, opinions of experts, credible evidence of application for necessary federal and/or state 25
permits, statements and advice from other local boards and officials. 26
(ii) Certification of completeness. The preliminary plan application must be certified 27
complete or incomplete by the administrative officer according to the provisions of § 45-23-36; 28
provided, however, that the certificate shall be granted within twenty-five (25) days of submission 29
of the application. The running of the time period set forth herein will be deemed stopped upon the 30
issuance of a written certificate of incompleteness of the application by the administrative officer 31
and will recommence upon the resubmission of a corrected application by the applicant. However, 32
in no event will the administrative officer be required to certify a corrected submission as complete 33
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 34
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the application as incomplete, the officer shall set forth in writing with specificity the missing or 1
incomplete items. 2
(iii) Review of applications. An application filed in accordance with this chapter shall be 3
reviewed in accordance with the following provisions: 4
(A) Public hearing. A public hearing shall be noticed and held as soon as practicable after 5
the issuance of a certificate of completeness. 6
(B) Notice. Public notice for the public hearing will be the same notice required under local 7
regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42. 8
The cost of notice shall be paid by the applicant. 9
(C) Timeframe for review. The local review board shall render a decision on the 10
preliminary plan application within ninety (90) days of the date the application is certified 11
complete, or within a further amount of time that may be consented to by the applicant through the 12
submission of a written consent. 13
(D) Failure to act. Failure of the local review board to act within the prescribed period 14
constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the 15
failure of the local review board to act within the required time and the resulting approval shall be 16
issued on request of the applicant. Further, if the public hearing is not convened or a decision is not 17
rendered within the time allowed in subsections (d)(2)(iii)(A) and (d)(2)(iii)(C) of this section, the 18
application is deemed to have been allowed and the preliminary plan approval shall be issued 19
immediately. 20
(E) Required findings for approval. In approving voting on an application, the local 21
review board shall make positive findings, supported by legally competent evidence on the record 22
that discloses the nature and character of the observations upon which the fact finders acted, on 23
each of the following standard provisions standards, where applicable: 24
(I) Whether the The proposed development is consistent with local needs as identified in 25
the local comprehensive community plan with particular emphasis on the community’s affordable 26
housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies. If 27
the board makes a negative finding on this standard, it must also find that the municipality has made 28
significant progress in implementing that housing plan. 29
(II) Whether the The proposed development is in compliance with the standards and 30
provisions of the municipality’s zoning ordinance and subdivision regulations, and/or where 31
adjustments are requested by the applicant, that whether local concerns that have been affected by 32
the relief granted do not outweigh the state and local need for low- and moderate-income housing. 33
(III) Whether the All low- and moderate-income housing units proposed are integrated 34
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throughout the development; are compatible in scale and , meaning that the footprint and height of 1
the low- and moderate- units shall not be less than twenty-five percent (25%) of the footprint and 2
height of the market rate units are of similar architectural style to the market rate units within the 3
project so that the exterior of the units looks like an integrated neighborhood with similar rooflines, 4
window patterns, materials and colors; and will be built and occupied prior to, or simultaneous with 5
the construction and occupancy of any market rate units. Except that for housing units that are 6
intended to be occupied by persons fifty-five (55) years of age or older, or sixty-two (62) years of 7
age or older, as permitted by the federal Fair Housing Act pursuant to 42 U.S.C.A. § 3607(b) and 8
24 CFR § 100.300-308 and the Rhode Island fair housing practices act pursuant to § 34-37-4.1, 9
need not be integrated in any building or phase within the development that contains housing units 10
that are not age-restricted, and neither age-restricted housing units nor any building or phase 11
containing age-restricted housing units must be compatible in scale and architectural style to other 12
housing unit types to the extent the age-restricted housing units are designed to meet the physical 13
or social needs of older persons or necessary to provide housing opportunities for older persons. 14
(IV) Whether there There will be no significant negative impacts on the health and safety 15
of current or future residents of the community, in areas including, but not limited to, safe 16
circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, 17
availability of potable water, adequate surface water run-off, and the preservation of natural, 18
historical, or cultural features that contribute to the attractiveness of the community. 19
(V) Whether the All proposed land developments and all or subdivisions lots will have 20
adequate and permanent physical access to a public street in accordance with the requirements of 21
§ 45-23-60(a)(5), or the local review board has approved other access, such as a private road. 22
(VI) Whether the The proposed development will not result in the creation of individual 23
lots with any physical constraints to development that building on those lots according to pertinent 24
regulations and building standards would be impracticable, unless created only as permanent open 25
space or permanently reserved for a public purpose on the approved, recorded plans. 26
(F) Required findings for denial. In reviewing the comprehensive permit request, the 27
local review board may deny the request for any of the following reasons: (I) If the city or town 28
has an approved affordable housing plan and is meeting housing needs, and the proposal is 29
inconsistent with the affordable housing plan; provided that, the local review board also finds that 30
the municipality has made significant progress in implementing that housing plan; (II) The proposal 31
is not consistent with local needs, including, but not limited to, the needs identified in an approved 32
comprehensive plan, and/or local zoning ordinances and procedures promulgated in conformance 33
with the comprehensive plan; (III) The proposal is not in conformance with the comprehensive 34
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plan; (IV) The community has met or has plans to meet the goal of ten percent (10%) of the year-1
round units or, in the case of an urban town or city, fifteen percent (15%) of the occupied rental 2
housing units as defined in § 45-53-3(5)(i) being low- and moderate-income housing; provided 3
that, the local review board also finds that the community has achieved or has made significant 4
progress towards meeting the goals required by this section; or (V) Concerns for the environment 5
and the health and safety of current residents have not been adequately addressed. 6
(iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with 7
the right to extend for two (2), one-year extensions upon written request by the applicant, who must 8
appear before the planning board for each annual review and provide proof of valid state or federal 9
permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 10
shown, if requested, in writing by the applicant, and approved by the local review board. The 11
vesting for the preliminary plan approval includes all ordinance provisions and regulations at the 12
time of the approval, general and specific conditions shown on the approved preliminary plan 13
drawings and supporting material. 14
(3)(4) Final plan review. The second and final stage of review for the comprehensive 15
permit project shall be done administratively, unless an applicant has requested and been granted 16
any waivers from the submission of checklist items for preliminary plan review, and then, at the 17
local review board’s discretion, it may vote to require the applicant to return for final plan review 18
and approval. 19
(i) Submission requirements. Applications for final plan review under this chapter shall 20
include: 21
(A) All required state and federal permits must be obtained prior to the final plan approval 22
or the issuance of a building permit; and 23
(B) A draft monitoring agreement which identifies an approved entity that will monitor the 24
long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and 25
(C) A sample land lease or deed restriction with affordability liens that will restrict use as 26
low- and moderate-income housing in conformance with the guidelines of the agency providing 27
the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 28
years; and 29
(D) Those items required by local regulations promulgated pursuant to applicable state law 30
included in the checklist for final plan review in the local regulations promulgated pursuant to 31
chapter 23 of this title, including, but not limited to: 32
(I) Arrangements for completion of the required public improvements, including 33
construction schedule and/or financial guarantees; and 34
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(II) Certification by the tax collector that all property taxes are current; and 1
(III) For phased projects, the final plan for phases following the first phase, shall be 2
accompanied by copies of as-built drawings not previously submitted of all existing public 3
improvements for prior phases. 4
(ii) Certification of completeness. The final plan application must be certified complete 5
or incomplete by the administrative officer according to the provisions of § 45-23-36; provided 6
however, that the certificate shall be granted within twenty-five (25) days of submission of the 7
application. The running of the time period set forth herein will be deemed stopped upon the 8
issuance of a written certificate of incompleteness of the application by the administrative officer 9
and will recommence upon the resubmission of a corrected application by the applicant. However, 10
in no event will the administrative officer be required to certify a corrected submission as complete 11
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 12
the application as incomplete, the officer shall set forth in writing with specificity the missing or 13
incomplete items. 14
(iii) Review of applications. 15
(A) Timeframe for review. The reviewing authority shall render a decision on the final 16
plan application within forty-five (45) days of the date the application is certified complete. 17
(B) Modifications and changes to plans: 18
(I) Minor changes, as defined in the local regulations, to the approved plans approved at 19
preliminary plan may be approved administratively, by the administrative officer, whereupon final 20
plan approval may be issued. The changes may be authorized without additional public hearings, 21
at the discretion of the administrative officer. All changes shall be made part of the permanent 22
record of the project application. This provision does not prohibit the administrative officer from 23
requesting a recommendation from either the technical review committee or the local review board. 24
Denial of the proposed change(s) shall be referred to the local review board for review as a major 25
change. 26
(II) Major changes, as defined in the local regulations, to the plans approved at preliminary 27
plan may be approved only by the local review board and must follow the same review and public 28
hearing process required for approval of preliminary plans as described in subsection (d)(2)(iii) of 29
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. Failure of the reviewing authority to act within the prescribed period 5
constitutes approval of the final plan, and a certificate of the administrative officer as to the failure 6
to act within the required time and the resulting approval shall be issued on request of the applicant. 7
(iv) Vesting. The approved final plan is vested for a period of two (2) years with the right 8
to extend for one one-year extension upon written request by the applicant, who must appear before 9
the planning board for the extension request. Thereafter, vesting may be extended for a longer 10
period, for good cause shown, if requested, in writing by the applicant, and approved by the local 11
review board. 12
(4)(5) Infeasibility of conditions of approval. The burden is on the applicant to show, by 13
competent evidence before the local review board, that proposed conditions of approval are 14
infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable 15
opportunity to respond to such proposed conditions prior to a final vote on the application. 16
(5)(6) Fees. Municipalities may impose fees on comprehensive permit applications that are 17
consistent with but do not exceed fees that would otherwise be assessed for a project of the same 18
scope and type, but not proceeding under this chapter; provided, however, the imposition of such 19
fees shall not preclude a showing by an applicant that the fees make the project financially 20
infeasible. 21
(6)(7) Recording of written decisions. All written decisions on applications under this 22
chapter shall be recorded in the land evidence records within twenty (20) days after the local review 23
board’s vote or the administrative officer’s decision, as applicable. A copy of the recorded decision 24
shall be mailed within one business day of recording, by any method that provides confirmation of 25
receipt, to the applicant and to any objector who has filed a written request for notice with the 26
administrative officer. 27
(7)(8) Local review board powers. The local review board has the same power to issue 28
permits or approvals that any local board or official who would otherwise act with respect to the 29
application, including, but not limited to, the power to attach to the permit or approval, conditions, 30
and requirements with respect to height, site plan, size or shape, or building materials, as are 31
consistent with the terms of this section. 32
(8)(9) Majority vote required. All local review board decisions on comprehensive permits 33
shall be by majority vote of the members present at the proceeding. 34
LC002161 - Page 14 of 30
(9)(10) Construction timetable. A comprehensive permit shall expire unless construction 1
is started within twelve (12) months and completed within sixty (60) months of the recording of 2
the final plan unless a longer and/or phased period for development is agreed to by the local review 3
board and the applicant. Low- and moderate-income housing units shall be built and occupied prior 4
to, or simultaneous with the construction and occupancy of market rate units. 5
(10)(11) For-profit developers — Limits. A town or city with an approved affordable 6
housing plan and that is meeting local housing needs, as defined in this chapter, may by council 7
action limit the annual total number of dwelling units in comprehensive permit applications from 8
for-profit developers to an aggregate of one percent (1%) of the total number of year-round housing 9
units in the town or city, as recognized in the affordable housing plan and notwithstanding the 10
timetables set forth elsewhere in this section, the local review board shall have the authority to 11
consider comprehensive permit applications from for-profit developers, which are made pursuant 12
to this paragraph, sequentially in the order in which they are submitted. 13
(11) (12) Report. The local review board of a town with an approved affordable housing 14
plan shall report the status of implementation to the housing resources commission, including the 15
disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006, 16
and for each June 30 thereafter by September 1 through 2010. The housing resources commission 17
shall prepare by October 15 and adopt by December 31, a report on the status of implementation, 18
which shall be submitted to the governor, the speaker and the president of the senate, and shall find 19
which towns are not in compliance with implementation requirements. 20
(12)(13) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect 21
on February 13, 2004, a local review board shall commence hearings within thirty (30) days of 22
receiving an application remanded pursuant to § 45-53-5 or, effective January 1, 2024, § 45-53-23
5.1. In any town with more than one remanded application, applications may be scheduled for 24
hearing in the order in which they were received, and may be taken up sequentially, with the thirty-25
day (30) requirement for the initiation of hearings, commencing upon the decision of the earlier 26
filed application. 27
(e)(1) The general assembly finds and declares that in January 2004 towns throughout 28
Rhode Island have been confronted by an unprecedented volume and complexity of development 29
applications as a result of private for-profit developers using the provisions of this chapter and that 30
in order to protect the public health and welfare in communities and to provide sufficient time to 31
establish a reasonable and orderly process for the consideration of applications made under the 32
provisions of this chapter, and to have communities prepare plans to meet low- and moderate-33
income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 34
LC002161 - Page 15 of 30
permit applications as herein provided by private for-profit developers; a moratorium is hereby 1
imposed on the use of the provisions of this chapter by private for-profit developers, which 2
moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 3
prior to expiration and extended to such other date as may be established by law. Notwithstanding 4
the provisions of subsection (a) of this section, private for-profit developers may not utilize the 5
procedure of this chapter until the expiration of the moratorium. 6
(2) No for-profit developer shall submit a new application for comprehensive permits until 7
July 1, 2005, except by mutual agreement with the local review board. 8
(3) Notwithstanding the provisions of subsection (e)(2) of this section, a local review board 9
in a town which has submitted a plan in accordance with subsection (f) of this section, shall not be 10
required to accept an application for a new comprehensive permit from a for-profit developer until 11
October 1, 2005. 12
(f) Towns and cities that are not in conformity with the provisions of § 45-53-3(5)(i) shall 13
prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-14
income housing as specified by § 45-53-3(5)(ii), consistent with applicable law and regulation. 15
That the secretary of the planning board or commission of each city or town subject to the 16
requirements of this paragraph shall report in writing the status of the preparation of the housing 17
element for low- and moderate-income housing on or before June 30, 2004, and on or before 18
December 31, 2004, to the secretary of the state planning council, to the chair of the house 19
committee on corporations and to the chair of the senate committee on commerce, housing and 20
municipal government. 21
(g) If any provision of this section or the application thereof shall for any reason be judged 22
invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any 23
other provision of this chapter, but shall be confined in its effect to the provision or application 24
directly involved in the controversy giving rise to the judgment, and a moratorium on the 25
applications of for-profit developers pursuant to this chapter shall remain and continue to be in 26
effect for the period commencing on the day this section becomes law [February 13, 2004] and 27
continue until it shall expire on January 31, 2005, or until amended further. 28
(h) In planning for, awarding, and otherwise administering programs and funds for housing 29
and for community development, state departments, agencies, boards and commissions, and public 30
corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of 31
§ 45-53-3(5)(ii), give priority to the maximum extent allowable by law to towns with an approved 32
affordable housing plan. The director of administration shall adopt not later than January 31, 2005, 33
regulations to implement the provisions of this section. 34
LC002161 - Page 16 of 30
(i) Multi-family rental units built under a comprehensive permit may be calculated towards 1
meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long 2
as the units meet and are in compliance with the provisions of § 45-53-3.1. 3
SECTION 2. Sections 45-53-3 and 45-53-4 of the General Laws in Chapter 45-53 entitled 4
"Low and Moderate Income Housing" are hereby amended to read as follows: 5
45-53-3. Definitions. [Effective January 1, 2026, inclusive of existing language in § 45-6
53-3.] 7
The following words, wherever used in this chapter, unless a different meaning clearly 8
appears from the context, have the following meanings: 9
(1) “Adjustment(s)” means a request or requests by the applicant to seek relief from the 10
literal use and dimensional requirements of the municipal zoning ordinance and/or the design 11
standards or requirements of the municipal land development and subdivision regulations. The 12
standard for the local review board’s consideration of adjustments is set forth in § 45-53-13
4(d)(2)(iii)(E)(II). 14
(2) “Affordable housing plan” means a component of a housing element, as defined in § 15
45-22.2-4(1), that addresses low- and moderate-income housing needs in a city or town that is 16
prepared in accordance with guidelines adopted by the state planning council, and/or to meet the 17
provisions of § 45-53-4(e)(1) and (f). 18
(3) “Approved affordable housing plan” means an affordable housing plan that has been 19
approved by the director of administration as meeting the guidelines for the local comprehensive 20
plan as promulgated by the state planning council; provided, however, that state review and 21
approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town 22
having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § 23
45-22.2-9, or § 45-22.2-12. 24
(4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city or 25
town pursuant to chapters 22.2 and 22.3 of this title. 26
(5) “Consistent with local needs” means reasonable in view of the state need for low- and 27
moderate-income housing, considered with the number of low-income persons in the city or town 28
affected and the need to protect the health and safety of the occupants of the proposed housing or 29
of the residents of the city or town, to promote better site and building design in relation to the 30
surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, 31
requirements, and regulations are applied as equally as possible to both subsidized and 32
unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are 33
consistent with local needs when imposed by a city or town council after a comprehensive hearing 34
LC002161 - Page 17 of 30
in a city or town where: 1
(i) Low- or moderate-income housing exists which is: (A) In the case of an urban city or 2
town which has at least 5,000 occupied year-round rental units and the units, as reported in the 3
latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-4
round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round 5
rental units; or (B) In the case of all other cities or towns, is in excess of ten percent (10%) of the 6
year-round housing units reported in the census. 7
(ii) The city or town has promulgated zoning or land use ordinances, requirements, and 8
regulations to implement a comprehensive plan that has been adopted and approved pursuant to 9
chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides 10
for low- and moderate-income housing in excess of either ten percent (10%) of the year-round 11
housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided 12
in subsection (5)(i). 13
(iii) Multi-family rental units built under a comprehensive permit may be calculated 14
towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, 15
as long as the units meet and are in compliance with the provisions of § 45-53-3.1. 16
(6) “Infeasible” means any condition brought about by any single factor or combination of 17
factors, as a result of limitations imposed on the development by conditions attached to the approval 18
of the comprehensive permit, to the extent that it makes it financially or logistically impracticable 19
for any applicant to proceed in building or operating low- or moderate-income housing within the 20
limitations set by the subsidizing agency of government or local review board, on the size or 21
character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and 22
income permissible, and without substantially changing the rent levels and unit sizes proposed by 23
the applicant. 24
(7) “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage 25
finance corporation in accordance with § 42-55-5.3(a). 26
(8) “Local review board” means the planning board as defined by § 45-22.2-4. 27
(9) “Low- or moderate-income housing” shall be synonymous with “affordable housing” 28
as defined in § 42-128-8.1, and further means any type of housing whether built or operated by any 29
public agency or any nonprofit organization or by any limited equity housing cooperative or any 30
private developer, that is subsidized by a federal, state, or municipal government subsidy under any 31
program to assist the construction or rehabilitation of affordable housing and that will remain 32
affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other 33
period that is either agreed to by the applicant and town or prescribed by the federal, state, or 34
LC002161 - Page 18 of 30
municipal government subsidy program but that is not less than thirty (30) years from initial 1
occupancy. 2
(i) Any housing unit that qualifies under this subsection (9) and under § 42-128-8.1 shall 3
be counted as one whole unit toward the municipality’s requirement for low- or moderate-income 4
housing. 5
(ii) Any mobile or manufactured home(s) that meet the requirements of § 42-128-6
8.1(d)(1)(ii) but are not subsidized by a federal, state, or municipal government subsidy and/or do 7
not have a deed restriction or land lease as described in this subsection (9), shall count as one-half 8
(½) of one unit for the purpose of the calculation of the total of low- or moderate-income year-9
round housing within a city or town, as long as a municipality contracts with a monitoring agent to 10
verify that the requirements of § 42-128-8.1(d)(1)(ii) are met for these units. Such units shall not 11
be required to meet the income verification requirements of § 42-128-8.1. The monitoring agent 12
shall provide a listing of the eligible units to Rhode Island Housing, who shall provide a report as 13
to the qualifying mobile or manufactured homes under this subsection (9) to the governor, speaker 14
of the house of representatives, senate president, and secretary of housing on an annual basis, 15
beginning on or before December 31, 2025. 16
(iii) Low- or moderate-income housing also includes rental property located within a 17
municipality that is secured with a federal government rental assistance voucher. 18
(iv) For the period beginning on or after July 1, 2024, any housing unit that qualifies as 19
low- or moderate-income housing under this subsection (9) and under § 42-128-8.1 and any rental 20
property secured with a federal government rental assistance voucher that does not otherwise meet 21
the other requirements to qualify as low- or moderate-income housing under this section shall be 22
counted as one whole unit toward the municipality’s requirement for low- or moderate-income 23
housing, as long as a municipality confirms with the issuing authority that the voucher is in good 24
standing and active. 25
(10) “Meeting local housing needs” means as a result of the adoption of the implementation 26
program of an approved affordable housing plan, the absence of unreasonable denial of applications 27
that are made pursuant to an approved affordable housing plan in order to accomplish the purposes 28
and expectations of the approved affordable housing plan, and a showing that at least twenty percent 29
(20%) of the total residential units approved by a local review board or any other municipal board 30
in a calendar year are for low- and moderate-income housing as defined in § 42-128-8.1. 31
(11)(10) “Monitoring agents” means those monitoring agents appointed by the Rhode 32
Island housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and 33
oversight set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4. 34
LC002161 - Page 19 of 30
(12)(11) “Municipal government subsidy” means assistance that is made available through 1
a city or town program sufficient to make housing affordable, as affordable housing is defined in § 2
42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct 3
financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses 4
and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any 5
combination of forms of assistance. 6
45-53-4. Procedure for approval of construction of low- or moderate-income housing. 7
[Effective January 1, 2026, inclusive of existing language in § 45-53-4.] 8
(a) Any applicant proposing to build low- or moderate-income housing may submit to the 9
local review board a single application for a comprehensive permit to build that housing in lieu of 10
separate applications to the applicable local boards. This procedure is only available for proposals 11
in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 12
(b) Municipal government subsidies, including adjustments and zoning incentives, are to 13
be made available to applications under this chapter to offset the differential costs of the low- or 14
moderate-incoming housing units in a development under this chapter. At a minimum, the 15
following zoning incentives shall be allowed for projects submitted under this chapter: 16
(1) Density bonus. A municipality shall provide an applicant with more dwelling units 17
than allowed by right under its zoning ordinance in the form of a density bonus to allow an increase 18
in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal 19
government subsidies as defined in § 45-53-3. (i) Cities and towns that have low- or-moderate-20
income housing in excess of ten percent (10%) of its year-round housing units in the respective city 21
or town shall provide an applicant with more dwelling units than allowed by right under its zoning 22
ordinance in the form of a density bonus to allow an increase in the allowed dwelling units per acre 23
(DU/A), as well as other incentives and municipal government subsidies as defined in § 45-53-3; 24
(ii) Cities and towns that do not have low- or moderate-income housing in excess of ten 25
percent (10%) of its year-round housing units shall provide an applicant with more dwelling units 26
than allowed by right under its zoning ordinances in the form of a density bonus to allow an increase 27
in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal 28
government subsidies as defined in § 45-53-3. Furthermore, a municipality these municipalities 29
shall provide, at a minimum, the following density bonuses for projects submitted under this 30
chapter, provided that the total land utilized in the density calculation shall exclude wetlands; 31
wetland buffers; area devoted to infrastructure necessary for development; and easements or rights 32
of way of record: 33
(i)(A) For properties connected to public sewer and water, or eligible to be connected to 34
LC002161 - Page 20 of 30
public sewer and water based on written confirmation from each respective service provider, the 1
density bonus for a project that provides at least twenty-five percent (25%) low- and moderate-2
income housing shall be at least five (5) units per acre; 3
(ii)(B) For properties connected to public sewer and water, or eligible to be connected to 4
public sewer and water based on written confirmation from each respective service provider, the 5
density bonus for a project that provides at least fifty percent (50%) low- and moderate-income 6
housing shall be at least nine (9) units per acre; 7
(iii)(C) For properties connected to public sewer and water, or eligible to be connected to 8
public sewer and water based on written confirmation from each respective service provider, the 9
density bonus for a project that provides one hundred percent (100%) low- and moderate-income 10
housing shall be at least twelve (12) units per acre; 11
(iv)(D) For properties not connected to either public water or sewer or both, but which 12
provide competent evidence as to the availability of water to service the development and/or a 13
permit for on-site wastewater treatment facilities to service the dwelling units from the applicable 14
state agency, the density bonus for a project that provides at least twenty-five percent (25%) low- 15
and moderate-income housing shall be at least three (3) units per acre; 16
(v)(E) For properties not connected to either public water or sewer or both, but which 17
provide competent evidence as to the availability of water to service the development and/or a 18
permit for on-site wastewater treatment facilities to service the dwelling units from the applicable 19
state agency, the density bonus for a project that provides at least fifty percent (50%) low- and 20
moderate-income housing shall be at least five (5) units per acre; 21
(vi)(F) For properties not connected to either public water or sewer or both, but which 22
provide competent evidence as to the availability of water to service the development and/or a 23
permit for on-site wastewater treatment facilities to service the dwelling units from the applicable 24
state agency, the density bonus for a project that provides one hundred percent (100%) low- and 25
moderate-income housing shall be at least eight (8) units per acre; 26
(2) Parking. A municipality shall not require more than one off-street parking space per 27
dwelling unit for units up to and including two (2) bedrooms in applications submitted under this 28
chapter; 29
(3) Bedrooms. A municipality shall not limit the number of bedrooms for applications 30
submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single-31
family dwelling units; 32
(4) Floor area. A municipality shall not utilize floor area requirements to limit any 33
application, except as provided by § 45-24.3-11. 34
LC002161 - Page 21 of 30
(c) A municipality shall not restrict comprehensive permit applications and permits by any 1
locally adopted ordinance or policy that places a limit or moratorium on the development of 2
residential units. 3
(d) The application and review process for a comprehensive permit shall be as follows: 4
(1) Pre-application conference. A municipality may require an applicant proposing a 5
project under this chapter to complete, or the applicant proposing a project under this chapter may 6
request a pre-application conference with the local review board, the technical review committee 7
established pursuant to § 45-23-56, or with the administrative officer for the local review board as 8
appropriate. In advance of a pre-application conference, the applicant shall be required to submit 9
only a short description of the project in writing including the number of units, type of housing, 10
density analysis, preliminary list of adjustments needed, as well as a location map, and conceptual 11
site plan. The purpose of the pre-application conference shall be to review a concept plan of the 12
proposed development and to elicit feedback from the reviewing person or board. Upon receipt of 13
a request by an applicant for a pre-application conference, the municipality shall have thirty (30) 14
days to schedule and hold the pre-application conference, unless a different timeframe is agreed to 15
by the applicant in writing. If thirty (30) days has elapsed from the filing of the pre-application 16
submission and no pre-application conference has taken place, nothing shall be deemed to preclude 17
an applicant from thereafter filing and proceeding with an application for preliminary plan review 18
for a comprehensive permit. 19
(2) Preliminary plan review. 20
(i) Submission requirements. Applications for preliminary plan review under this chapter 21
shall include: 22
(A) A letter of eligibility issued by the Rhode Island housing and mortgage finance 23
corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 24
Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 25
application in such form as may be prescribed for a municipal government subsidy; and 26
(B) A letter signed by the authorized representative of the applicant, setting forth the 27
specific sections and provisions of applicable local ordinances and regulations from which the 28
applicant is seeking adjustments; and 29
(C) A proposed timetable for the commencement of construction and completion of the 30
project; and 31
(D) Those items required by local regulations promulgated pursuant to applicable state law, 32
with the exception of evidence of state or federal permits; and for comprehensive permit 33
applications included in the checklist for the preliminary plan review in the local regulations 34
LC002161 - Page 22 of 30
promulgated pursuant to chapter 23 of this title; and 1
(E) Notwithstanding the submission requirements set forth above, the local review board 2
may request additional, reasonable documentation throughout the public hearing, including, but not 3
limited to, opinions of experts, credible evidence of application for necessary federal and/or state 4
permits, statements and advice from other local boards and officials. 5
(ii) Certification of completeness. The preliminary plan application must be certified 6
complete or incomplete by the administrative officer according to the provisions of § 45-23-36; 7
provided, however, that the certificate shall be granted within twenty-five (25) days of submission 8
of the application. The running of the time period set forth herein will be deemed stopped upon the 9
issuance of a written certificate of incompleteness of the application by the administrative officer 10
and will recommence upon the resubmission of a corrected application by the applicant. However, 11
in no event will the administrative officer be required to certify a corrected submission as complete 12
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 13
the application as incomplete, the officer shall set forth in writing with specificity the missing or 14
incomplete items. 15
(iii) Review of applications. An application filed in accordance with this chapter shall be 16
reviewed in accordance with the following provisions: 17
(A) Public hearing. A public hearing shall be noticed and held as soon as practicable after 18
the issuance of a certificate of completeness. 19
(B) Notice. Public notice for the public hearing will be the same notice required under local 20
regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42. 21
The cost of notice shall be paid by the applicant. 22
(C) Timeframe for review. The local review board shall render a decision on the 23
preliminary plan application within ninety (90) days of the date the application is certified 24
complete, or within a further amount of time that may be consented to by the applicant through the 25
submission of a written consent. 26
(D) Failure to act. Failure of the local review board to act within the prescribed period 27
constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the 28
failure of the local review board to act within the required time and the resulting approval shall be 29
issued on request of the applicant. Further, if the public hearing is not convened or a decision is not 30
rendered within the time allowed in subsections (d)(2)(iii)(A) and (d)(2)(iii)(C) of this section, the 31
application is deemed to have been allowed and the preliminary plan approval shall be issued 32
immediately. 33
(E) Required findings for approval. In approving an application, the local review board 34
LC002161 - Page 23 of 30
shall make positive findings, supported by legally competent evidence on the record that discloses 1
the nature and character of the observations upon which the fact finders acted, on each of the 2
following standard provisions, where applicable: 3
(I) The proposed development is consistent with local needs as identified in the local 4
comprehensive community plan with particular emphasis on the community’s affordable housing 5
plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 6
(II) The proposed development is in compliance with the standards and provisions of the 7
municipality’s zoning ordinance and subdivision regulations, and/or where adjustments are 8
requested by the applicant, that local concerns that have been affected by the relief granted do not 9
outweigh the state and local need for low- and moderate-income housing. 10
(III) All low- and moderate-income housing units proposed are integrated throughout the 11
development; are compatible in scale and architectural style to the market rate units within the 12
project; and will be built and occupied prior to, or simultaneous with the construction and 13
occupancy of any market rate units. 14
(IV) There will be no significant negative impacts on the health and safety of current or 15
future residents of the community, in areas including, but not limited to, safe circulation of 16
pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability 17
of potable water, adequate surface water run-off, and the preservation of natural, historical, or 18
cultural features that contribute to the attractiveness of the community. 19
(V) All proposed land developments and all subdivisions lots will have adequate and 20
permanent physical access to a public street in accordance with the requirements of § 45-23-21
60(a)(5). 22
(VI) The proposed development will not result in the creation of individual lots with any 23
physical constraints to development that building on those lots according to pertinent regulations 24
and building standards would be impracticable, unless created only as permanent open space or 25
permanently reserved for a public purpose on the approved, recorded plans. 26
(F) Required findings for denial. In reviewing the comprehensive permit request, the 27
local review board may deny the request for any of the following reasons: (I) If the city or town 28
has an approved affordable housing plan and is meeting housing needs, and the proposal is 29
inconsistent with the affordable housing plan; provided that, the local review board also finds that 30
the municipality has made significant progress in implementing that housing plan; (II) The proposal 31
is not consistent with local needs, including, but not limited to, the needs identified in an approved 32
comprehensive plan, and/or local zoning ordinances and procedures promulgated in conformance 33
with the comprehensive plan; (III) The proposal is not in conformance with the comprehensive 34
LC002161 - Page 24 of 30
plan; (IV) The community has met or has plans to meet the goal of ten percent (10%) of the year-1
round units or, in the case of an urban town or city, fifteen percent (15%) of the occupied rental 2
housing units as defined in § 45-53-3(5)(i) being low- and moderate-income housing; provided 3
that, the local review board also finds that the community has achieved or has made significant 4
progress towards meeting the goals required by this section; or (V) Concerns for the environment 5
and the health and safety of current residents have not been adequately addressed. 6
(iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with 7
the right to extend for two (2), one-year extensions upon written request by the applicant, who must 8
appear before the planning board for each annual review and provide proof of valid state or federal 9
permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 10
shown, if requested, in writing by the applicant, and approved by the local review board. The 11
vesting for the preliminary plan approval includes all ordinance provisions and regulations at the 12
time of the approval, general and specific conditions shown on the approved preliminary plan 13
drawings and supporting material. 14
(3) Final plan review. The second and final stage of review for the comprehensive permit 15
project shall be done administratively, unless an applicant has requested and been granted any 16
waivers from the submission of checklist items for preliminary plan review, and then, at the local 17
review board’s discretion, it may vote to require the applicant to return for final plan review and 18
approval. 19
(i) Submission requirements. Applications for final plan review under this chapter shall 20
include: 21
(A) All required state and federal permits must be obtained prior to the final plan approval 22
or the issuance of a building permit; and 23
(B) A draft monitoring agreement which identifies an approved entity that will monitor the 24
long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and 25
(C) A sample land lease or deed restriction with affordability liens that will restrict use as 26
low- and moderate-income housing in conformance with the guidelines of the agency providing 27
the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 28
years; and 29
(D) Those items required by local regulations promulgated pursuant to applicable state law 30
included in the checklist for final plan review in the local regulations promulgated pursuant to 31
chapter 23 of this title, including, but not limited to: 32
(I) Arrangements for completion of the required public improvements, including 33
construction schedule and/or financial guarantees; and 34
LC002161 - Page 25 of 30
(II) Certification by the tax collector that all property taxes are current; and 1
(III) For phased projects, the final plan for phases following the first phase, shall be 2
accompanied by copies of as-built drawings not previously submitted of all existing public 3
improvements for prior phases. 4
(ii) Certification of completeness. The final plan application must be certified complete 5
or incomplete by the administrative officer according to the provisions of § 45-23-36; provided 6
however, that the certificate shall be granted within twenty-five (25) days of submission of the 7
application. The running of the time period set forth herein will be deemed stopped upon the 8
issuance of a written certificate of incompleteness of the application by the administrative officer 9
and will recommence upon the resubmission of a corrected application by the applicant. However, 10
in no event will the administrative officer be required to certify a corrected submission as complete 11
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 12
the application as incomplete, the officer shall set forth in writing with specificity the missing or 13
incomplete items. 14
(iii) Review of applications. 15
(A) Timeframe for review. The reviewing authority shall render a decision on the final 16
plan application within forty-five (45) days of the date the application is certified complete. 17
(B) Modifications and changes to plans: 18
(I) Minor changes, as defined in the local regulations, to the plans approved at preliminary 19
plan may be approved administratively, by the administrative officer, whereupon final plan 20
approval may be issued. The changes may be authorized without additional public hearings, at the 21
discretion of the administrative officer. All changes shall be made part of the permanent record of 22
the project application. This provision does not prohibit the administrative officer from requesting 23
a 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) Major changes, as defined in the local regulations, to the plans approved at preliminary 26
plan may be approved only by the local review board and must follow the same review and public 27
hearing process required for approval of preliminary plans as described in subsection (d)(2)(iii) of 28
this section. 29
(III) The administrative officer shall notify the applicant in writing within fourteen (14) 30
days of submission of the final plan application if the administrative officer is referring the 31
application to the local review board under this subsection. 32
(C) Decision on final plan. An application filed in accordance with this chapter shall be 33
approved by the administrative officer unless such application does not satisfy conditions set forth 34
LC002161 - Page 26 of 30
in the preliminary plan approval decision or such application does not have the requisite state and/or 1
federal approvals or other required submissions, does not post the required improvement bonds, or 2
such application is a major modification of the plans approved at preliminary plan. 3
(D) Failure to act. Failure of the reviewing authority to act within the prescribed period 4
constitutes approval of the final plan, and a certificate of the administrative officer as to the failure 5
to act within the required time and the resulting approval shall be issued on request of the applicant. 6
(iv) Vesting. The approved final plan is vested for a period of two (2) years with the right 7
to extend for one one-year extension upon written request by the applicant, who must appear before 8
the planning board for the extension request. Thereafter, vesting may be extended for a longer 9
period, for good cause shown, if requested, in writing by the applicant, and approved by the local 10
review board. 11
(4) Infeasibility of conditions of approval. The burden is on the applicant to show, by 12
competent evidence before the local review board, that proposed conditions of approval are 13
infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable 14
opportunity to respond to such proposed conditions prior to a final vote on the application. 15
(5) Fees. Municipalities may impose fees on comprehensive permit applications that are 16
consistent with but do not exceed fees that would otherwise be assessed for a project of the same 17
scope and type, but not proceeding under this chapter; provided, however, the imposition of such 18
fees shall not preclude a showing by an applicant that the fees make the project financially 19
infeasible. 20
(6) Recording of written decisions. All written decisions on applications under this 21
chapter shall be recorded in the land evidence records within twenty (20) days after the local review 22
board’s vote or the administrative officer’s decision, as applicable. A copy of the recorded decision 23
shall be mailed within one business day of recording, by any method that provides confirmation of 24
receipt, to the applicant and to any objector who has filed a written request for notice with the 25
administrative officer. 26
(7) Local review board powers. The local review board has the same power to issue 27
permits or approvals that any local board or official who would otherwise act with respect to the 28
application, including, but not limited to, the power to attach to the permit or approval, conditions, 29
and requirements with respect to height, site plan, size or shape, or building materials, as are 30
consistent with the terms of this section. 31
(8) Majority vote required. All local review board decisions on comprehensive permits 32
shall be by majority vote of the members present at the proceeding. 33
(9) Construction timetable. A comprehensive permit shall expire unless construction is 34
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started within twelve (12) months and completed within sixty (60) months of the recording of the 1
final plan unless a longer and/or phased period for development is agreed to by the local review 2
board and the applicant. Low- and moderate-income housing units shall be built and occupied prior 3
to, or simultaneous with the construction and occupancy of market rate units. 4
(10) For-profit developers — Limits. A town with an approved affordable housing plan 5
and that is meeting local housing needs, as defined in this chapter or city in which ten percent (10%) 6
of the year-round housing units are low-or moderate-income housing, may by council action limit 7
the annual total number of dwelling units in comprehensive permit applications from for-profit 8
developers to an aggregate of one percent (1%) of the total number of year-round housing units in 9
the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth 10
elsewhere in this section, the local review board shall have the authority to consider comprehensive 11
permit applications from for-profit developers, which are made pursuant to this paragraph, 12
sequentially in the order in which they are submitted. 13
(11) Report. The local review board of a town with an approved affordable housing plan 14
shall report the status of implementation to the housing resources commission, including the 15
disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006, 16
and for each June 30 thereafter by September 1 through 2010. The housing resources commission 17
shall prepare by October 15 and adopt by December 31, a report on the status of implementation, 18
which shall be submitted to the governor, the speaker and the president of the senate, and shall find 19
which towns are not in compliance with implementation requirements. 20
(12) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on 21
February 13, 2004, a local review board shall commence hearings within thirty (30) days of 22
receiving an application remanded pursuant to § 45-53-5 or, effective January 1, 2024, § 45-53-23
5.1. In any town with more than one remanded application, applications may be scheduled for 24
hearing in the order in which they were received, and may be taken up sequentially, with the thirty-25
day (30) requirement for the initiation of hearings, commencing upon the decision of the earlier 26
filed application. 27
(e)(1) The general assembly finds and declares that in January 2004 towns throughout 28
Rhode Island have been confronted by an unprecedented volume and complexity of development 29
applications as a result of private for-profit developers using the provisions of this chapter and that 30
in order to protect the public health and welfare in communities and to provide sufficient time to 31
establish a reasonable and orderly process for the consideration of applications made under the 32
provisions of this chapter, and to have communities prepare plans to meet low- and moderate-33
income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 34
LC002161 - Page 28 of 30
permit applications as herein provided by private for-profit developers; a moratorium is hereby 1
imposed on the use of the provisions of this chapter by private for-profit developers, which 2
moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 3
prior to expiration and extended to such other date as may be established by law. Notwithstanding 4
the provisions of subsection (a) of this section, private for-profit developers may not utilize the 5
procedure of this chapter until the expiration of the moratorium. 6
(2) No for-profit developer shall submit a new application for comprehensive permits until 7
July 1, 2005, except by mutual agreement with the local review board. 8
(3) Notwithstanding the provisions of subsection (e)(2) of this section, a local review board 9
in a town which has submitted a plan in accordance with subsection (f) of this section, shall not be 10
required to accept an application for a new comprehensive permit from a for-profit developer until 11
October 1, 2005. 12
(f) Towns and cities that are not in conformity with the provisions of § 45-53-3(5)(i) shall 13
prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-14
income housing as specified by § 45-53-3(5)(ii), consistent with applicable law and regulation. 15
That the secretary of the planning board or commission of each city or town subject to the 16
requirements of this paragraph shall report in writing the status of the preparation of the housing 17
element for low- and moderate-income housing on or before June 30, 2004, and on or before 18
December 31, 2004, to the secretary of the state planning council, to the chair of the house 19
committee on corporations and to the chair of the senate committee on commerce, housing and 20
municipal government. 21
(g) If any provision of this section or the application thereof shall for any reason be judged 22
invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any 23
other provision of this chapter, but shall be confined in its effect to the provision or application 24
directly involved in the controversy giving rise to the judgment, and a moratorium on the 25
applications of for-profit developers pursuant to this chapter shall remain and continue to be in 26
effect for the period commencing on the day this section becomes law [February 13, 2004] and 27
continue until it shall expire on January 31, 2005, or until amended further. 28
(h) In planning for, awarding, and otherwise administering programs and funds for housing 29
and for community development, state departments, agencies, boards and commissions, and public 30
corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of 31
§ 45-53-3(5)(ii), give priority to the maximum extent allowable by law to towns with an approved 32
affordable housing plan. The director of administration shall adopt not later than January 31, 2005, 33
regulations to implement the provisions of this section. 34
LC002161 - Page 29 of 30
(i) Multi-family rental units built under a comprehensive permit may be calculated towards 1
meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long 2
as the units meet and are in compliance with the provisions of § 45-53-3.1. 3
SECTION 3. Section 1 of this act shall take effect upon passage and section 2 of this act 4
shall take effect on January 1, 2026. 5
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INCOME HOUSING
***
This act would amend several definitions relating to low- or moderate-income housing as 1
well as the procedure for the approval of low- or moderate-income housing. 2
Section 1 of this act would take effect upon passage and section 2 of this act would take 3
effect on January 1, 2026. 4
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