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5 | 5 | | 2025 -- H 6136 |
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6 | 6 | | ======== |
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7 | 7 | | LC002545 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO TOWNS AN D CITIES -- QUALIFYING LOW- AND MODERATE-INCOME |
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16 | 16 | | HOUSING -- TOWN OF WEST GREENWICH -- TAX STABILIZATION |
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17 | 17 | | Introduced By: Representative Sherry Roberts |
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18 | 18 | | Date Introduced: March 26, 2025 |
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19 | 19 | | Referred To: House Municipal Government & Housing |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby 1 |
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24 | 24 | | amended by adding thereto the following chapter: 2 |
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25 | 25 | | CHAPTER 53.1 3 |
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26 | 26 | | QUALIFYING LOW- AND MODERATE-INCOME HOUSING -- TOWN OF WEST 4 |
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27 | 27 | | GREENWICH -- TAX STABILIZATION 5 |
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28 | 28 | | 45-53.1-1. Definitions. 6 |
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29 | 29 | | (a) For purposes of this chapter, the words and terms defined in § 45-53-3 shall have the 7 |
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30 | 30 | | same meaning when used in this chapter. 8 |
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31 | 31 | | (b) In addition to the definitions provided pursuant to the provisions of subsection (a) of 9 |
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32 | 32 | | this section, the following words and terms when used in this chapter shall have the following 10 |
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33 | 33 | | meaning: 11 |
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34 | 34 | | (1) "Exit 7 special management district" means large-scale development consistent with 12 |
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35 | 35 | | the West Greenwich comprehensive plan in the area located at exit 7 along Interstate 95 in the town 13 |
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36 | 36 | | of West Greenwich. 14 |
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37 | 37 | | (2) "Qualified property" means a development project for which the property owner 15 |
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38 | 38 | | submits a comprehensive permit application to the town of West Greenwich, in accordance with 16 |
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39 | 39 | | the provisions of chapter 53 of title 45 and the code of ordinances; provided that, the proposed 17 |
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40 | 40 | | development project: 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002545 - Page 2 of 5 |
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44 | 44 | | (1) Contains at least twelve (12) acres of previously undeveloped land; 1 |
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45 | 45 | | (2) Is located exclusively within the town of West Greenwich’s exit 7 special management 2 |
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46 | 46 | | district; and 3 |
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47 | 47 | | (3) Includes one or more structures containing no less than three hundred (300) residential 4 |
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48 | 48 | | housing units, at least twenty-five percent (25%) of which constitute deed-restricted low- or 5 |
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49 | 49 | | moderate- income housing units. A qualified property may be comprised of one or more contiguous 6 |
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50 | 50 | | tax parcels, and may have distinct and/or multiple owners. 7 |
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51 | 51 | | 45-53.1-2. Exemption or stabilization of tax on qualified property used for residential 8 |
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52 | 52 | | purposes inclusive of low- and moderate-income housing in the town of West Greenwich. 9 |
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53 | 53 | | (a) To address the longstanding challenges faced by the town of West Greenwich and 10 |
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54 | 54 | | surrounding municipalities to meet state and local needs for low- and moderate-income housing 11 |
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55 | 55 | | pursuant to the provisions of chapter 53 of title 45 ("low and moderate income housing") and the 12 |
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56 | 56 | | town of West Greenwich code of ordinances, the town council for the town of West Greenwich 13 |
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57 | 57 | | may hold a public hearing, at least ten (10) days' notice of which shall be published in a newspaper 14 |
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58 | 58 | | of general circulation in the town of West Greenwich, and upon a determination by the town council 15 |
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59 | 59 | | that the granting of the exemption and/or stabilization of taxes for a qualified property shall inure 16 |
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60 | 60 | | to the benefit of the town of West Greenwich including, without limitation, by reason of the town 17 |
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61 | 61 | | of West Greenwich achieving, exceeding, or furthering its realization of its goal of ten percent 18 |
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62 | 62 | | (10%) of its year round housing units constituting low- and moderate-income housing units 19 |
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63 | 63 | | pursuant to the provisions of chapter 53 of title 45, the town council may vote to authorize for a 20 |
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64 | 64 | | period not exceeding thirty (30) years and notwithstanding the valuation of the property or the rate 21 |
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65 | 65 | | of tax: 22 |
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66 | 66 | | (1) To exempt from the payment of taxes, in whole or in part, all or any portion of a 23 |
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67 | 67 | | qualified property including, without limitation, housing units deed restricted as low- or moderate-24 |
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68 | 68 | | income housing units that are not so restricted, land, and/or other improvements; and/or 25 |
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69 | 69 | | (2) To determine a stabilized amount of taxes to be paid on account of all or any portion of 26 |
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70 | 70 | | a qualified property including, without limitation, housing units deed restricted as low- or 27 |
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71 | 71 | | moderate-income housing units that are not so restricted, land, and/or other improvements. 28 |
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72 | 72 | | (b) The town council may hold a public hearing and vote to authorize an exemption and/or 29 |
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73 | 73 | | stabilization pursuant to this chapter at any time after a comprehensive permit application for a 30 |
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74 | 74 | | qualified property has been submitted to the town in accordance with the provisions of chapter 53 31 |
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75 | 75 | | of title 45 and the town code of ordinances, and a request for tax exemption and/or stabilization 32 |
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76 | 76 | | pursuant to this chapter has been submitted to the town council. If the town council votes to 33 |
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77 | 77 | | authorize an exemption and/or stabilization of qualified property pursuant to this chapter, such 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC002545 - Page 3 of 5 |
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81 | 81 | | affirmative vote shall be deemed authorization for the president of the town council to execute and 1 |
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82 | 82 | | deliver on behalf of the town a written agreement with the qualified property owner containing the 2 |
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83 | 83 | | terms and conditions of such approved exemption and/or stabilization pursuant to this chapter. 3 |
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84 | 84 | | (c) Except as otherwise provided in this chapter, property for which taxes have been 4 |
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85 | 85 | | exempted and/or stabilized, in whole or in part, pursuant to this chapter shall not, during the period 5 |
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86 | 86 | | for which taxes have been so exempted and/or stabilized, be further liable to taxation by the town 6 |
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87 | 87 | | as long as such property shall remain qualified property as defined in § 45-53.1-1(b). 7 |
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88 | 88 | | (d) Any period of tax exemption and/or stabilization granted by the town council shall 8 |
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89 | 89 | | commence on the first day of the fiscal year immediately following the fiscal year in which the 9 |
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90 | 90 | | town shall have issued a certificate of occupancy for a residential housing unit at the qualified 10 |
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91 | 91 | | property. 11 |
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92 | 92 | | (e) If any property owner whose property taxes have been exempted and/or stabilized 12 |
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93 | 93 | | pursuant to this chapter remains delinquent in the payment of property taxes for more than sixty 13 |
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94 | 94 | | (60) days after the town council delivers written notice of such delinquency to the property owner 14 |
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95 | 95 | | and all mortgagees of record, the town council shall have the authority to review and vote to 15 |
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96 | 96 | | terminate the tax exemption and/or stabilization at a meeting for which at least ten (10) days' prior 16 |
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97 | 97 | | written notice shall be provided to the property owner and all mortgagees of record. 17 |
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98 | 98 | | (f) Any exemption and/or stabilization granted under this chapter shall continue until the 18 |
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99 | 99 | | earlier of: 19 |
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100 | 100 | | (1) Thirty (30) years from the commencement date identified in subsection (d) of this 20 |
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101 | 101 | | section; 21 |
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102 | 102 | | (2) The expiration of such time period authorized by the town council; 22 |
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103 | 103 | | (3) Termination by the town council due to delinquency in the payment of the property 23 |
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104 | 104 | | taxes, as set forth in subsection (e) of this section subject to all applicable notice and cure rights; 24 |
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105 | 105 | | and 25 |
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106 | 106 | | (4) The property does not contain one or more structures containing no less than three-26 |
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107 | 107 | | hundred (300) residential housing units, at least twenty-five percent (25%) of which constitute 27 |
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108 | 108 | | deed-restricted low- or moderate-income housing units. 28 |
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109 | 109 | | 45-53.1-3. Severability. 29 |
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110 | 110 | | If any term or provision of this chapter, or the application thereof to the town of West 30 |
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111 | 111 | | Greenwich or to any property, property owner, person, or circumstances, is deemed invalid for any 31 |
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112 | 112 | | reason, the remainder of such terms or provisions of this chapter, or the application of such terms 32 |
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113 | 113 | | or provisions to the town of West Greenwich, or to any property, property owner, persons, or 33 |
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114 | 114 | | circumstances, shall not be affected thereby and, to this end, the provisions of this chapter are 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC002545 - Page 4 of 5 |
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118 | 118 | | declared to be severable. 1 |
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119 | 119 | | SECTION 2. This act shall take effect upon passage. 2 |
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121 | 121 | | LC002545 |
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123 | 123 | | |
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124 | 124 | | |
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125 | 125 | | LC002545 - Page 5 of 5 |
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126 | 126 | | EXPLANATION |
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127 | 127 | | BY THE LEGISLATIVE COUNCIL |
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128 | 128 | | OF |
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129 | 129 | | A N A C T |
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130 | 130 | | RELATING TO TOWNS AN D CITIES -- QUALIFYING LOW- AND MODERATE-INCOME |
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131 | 131 | | HOUSING -- TOWN OF WEST GREENWICH -- TAX STABILIZATION |
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132 | 132 | | *** |
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133 | 133 | | This act would authorize the town council of West Greenwich to provide an exemption 1 |
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134 | 134 | | and/or stabilization of tax agreement on qualified property used for residential purposes inclusive 2 |
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135 | 135 | | of low- and moderate-income housing in the town of West Greenwich. 3 |
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136 | 136 | | This act would take effect upon passage. 4 |
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138 | 138 | | LC002545 |
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139 | 139 | | ======== |
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