Rhode Island 2025 Regular Session

Rhode Island House Bill H6178 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 6178
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7	7	LC002694
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWN AND CITIES -- LOW AND MODERATE INCOME HOUS ING--
16	16	COMPREHENSIVE PERMIT PROJECTS IN TIVERTON
17	17	Introduced By: Representatives Edwards, and McGaw
18	18	Date Introduced: April 04, 2025
19	19	Referred To: House Municipal Government & Housing
20	20	(Tiverton)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 45-53-4 of the General Laws in Chapter 45-53 entitled "Low and 1
24	24	Moderate Income Housing" is hereby amended to read as follows: 2
25	25	45-53-4. Procedure for approval of construction of low- or moderate-income housing. 3
26	26	(a) Any applicant proposing to build low- or moderate-income housing may submit to the 4
27	27	local review board a single application for a comprehensive permit to build that housing in lieu of 5
28	28	separate applications to the applicable local boards. This procedure is only available for proposals 6
29	29	in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 7
30	30	(b) Municipal government subsidies, including adjustments and zoning incentives, are to 8
31	31	be made available to applications under this chapter to offset the differential costs of the low- or 9
32	32	moderate-incoming housing units in a development under this chapter. At a minimum, the 10
33	33	following zoning incentives shall be allowed for projects submitted under this chapter: 11
34	34	(1) Density bonus. A municipality shall provide an applicant with more dwelling units 12
35	35	than allowed by right under its zoning ordinance in the form of a density bonus to allow an increase 13
36	36	in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal 14
37	37	government subsidies as defined in § 45-53-3; provided, however that, applications filed in the 15
38	38	town of Tiverton shall not include accessory dwelling units as part of any project. Furthermore, a 16
39	39	municipality shall provide, at a minimum, the following density bonuses for projects submitted 17
40	40	under this chapter, provided that the total land utilized in the density calculation shall exclude 18
41	41
42	42
43	43	LC002694 - Page 2 of 12
44	44	wetlands; wetland buffers; area devoted to infrastructure necessary for development; and easements 1
45	45	or rights of way of record: 2
46	46	(i) For properties connected to public sewer and water, or eligible to be connected to public 3
47	47	sewer and water based on written confirmation from each respective service provider, the density 4
48	48	bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income 5
49	49	housing shall be at least five (5) units per acre; 6
50	50	(ii) For properties connected to public sewer and water, or eligible to be connected to public 7
51	51	sewer and water based on written confirmation from each respective service provider, the density 8
52	52	bonus for a project that provides at least fifty percent (50%) low- and moderate-income housing 9
53	53	shall be at least nine (9) units per acre; 10
54	54	(iii) For properties connected to public sewer and water, or eligible to be connected to 11
55	55	public sewer and water based on written confirmation from each respective service provider, the 12
56	56	density bonus for a project that provides one hundred percent (100%) low- and moderate-income 13
57	57	housing shall be at least twelve (12) units per acre; 14
58	58	(iv) For properties not connected to either public water or sewer or both, but which provide 15
59	59	competent evidence as to the availability of water to service the development and/or a permit for 16
60	60	on-site wastewater treatment facilities to service the dwelling units from the applicable state 17
61	61	agency, the density bonus for a project that provides at least twenty-five percent (25%) low- and 18
62	62	moderate-income housing shall be at least three (3) units per acre; 19
63	63	(v) For properties not connected to either public water or sewer or both, but which provide 20
64	64	competent evidence as to the availability of water to service the development and/or a permit for 21
65	65	on-site wastewater treatment facilities to service the dwelling units from the applicable state 22
66	66	agency, the density bonus for a project that provides at least fifty percent (50%) low- and moderate-23
67	67	income housing shall be at least five (5) units per acre; 24
68	68	(vi) For properties not connected to either public water or sewer or both, but which provide 25
69	69	competent evidence as to the availability of water to service the development and/or a permit for 26
70	70	on-site wastewater treatment facilities to service the dwelling units from the applicable state 27
71	71	agency, the density bonus for a project that provides one hundred percent (100%) low- and 28
72	72	moderate-income housing shall be at least eight (8) units per acre; 29
73	73	(2) Parking. A municipality shall not require more than one off-street parking space per 30
74	74	dwelling unit for units up to and including two (2) bedrooms in applications submitted under this 31
75	75	chapter; 32
76	76	(3) Bedrooms. A municipality shall not limit the number of bedrooms for applications 33
77	77	submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single-34
78	78
79	79
80	80	LC002694 - Page 3 of 12
81	81	family dwelling units; 1
82	82	(4) Floor area. A municipality shall not utilize floor area requirements to limit any 2
83	83	application, except as provided by § 45-24.3-11. 3
84	84	(c) A municipality shall not restrict comprehensive permit applications and permits by any 4
85	85	locally adopted ordinance or policy that places a limit or moratorium on the development of 5
86	86	residential units. 6
87	87	(d) The application and review process for a comprehensive permit shall be as follows: 7
88	88	(1) Pre-application conference. A municipality may require an applicant proposing a 8
89	89	project under this chapter to complete, or the applicant proposing a project under this chapter may 9
90	90	request a pre-application conference with the local review board, the technical review committee 10
91	91	established pursuant to § 45-23-56, or with the administrative officer for the local review board as 11
92	92	appropriate. In advance of a pre-application conference, the applicant shall be required to submit 12
93	93	only a short description of the project in writing including the number of units, type of housing, 13
94	94	density analysis, preliminary list of adjustments needed, as well as a location map, and conceptual 14
95	95	site plan. The purpose of the pre-application conference shall be to review a concept plan of the 15
96	96	proposed development and to elicit feedback from the reviewing person or board. Upon receipt of 16
97	97	a request by an applicant for a pre-application conference, the municipality shall have thirty (30) 17
98	98	days to schedule and hold the pre-application conference, unless a different timeframe is agreed to 18
99	99	by the applicant in writing. If thirty (30) days has elapsed from the filing of the pre-application 19
100	100	submission and no pre-application conference has taken place, nothing shall be deemed to preclude 20
101	101	an applicant from thereafter filing and proceeding with an application for preliminary plan review 21
102	102	for a comprehensive permit. 22
103	103	(2) Preliminary plan review. 23
104	104	(i) Submission requirements. Applications for preliminary plan review under this chapter 24
105	105	shall include: 25
106	106	(A) A letter of eligibility issued by the Rhode Island housing and mortgage finance 26
107	107	corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 27
108	108	Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 28
109	109	application in such form as may be prescribed for a municipal government subsidy; and 29
110	110	(B) A letter signed by the authorized representative of the applicant, setting forth the 30
111	111	specific sections and provisions of applicable local ordinances and regulations from which the 31
112	112	applicant is seeking adjustments; and 32
113	113	(C) A proposed timetable for the commencement of construction and completion of the 33
114	114	project; and 34
115	115
116	116
117	117	LC002694 - Page 4 of 12
118	118	(D) Those items required by local regulations promulgated pursuant to applicable state law, 1
119	119	with the exception of evidence of state or federal permits; and for comprehensive permit 2
120	120	applications included in the checklist for the preliminary plan review in the local regulations 3
121	121	promulgated pursuant to chapter 23 of this title; and 4
122	122	(E) Notwithstanding the submission requirements set forth above, the local review board 5
123	123	may request additional, reasonable documentation throughout the public hearing, including, but not 6
124	124	limited to, opinions of experts, credible evidence of application for necessary federal and/or state 7
125	125	permits, statements and advice from other local boards and officials. 8
126	126	(ii) Certification of completeness. The preliminary plan application must be certified 9
127	127	complete or incomplete by the administrative officer according to the provisions of § 45-23-36; 10
128	128	provided, however, that the certificate shall be granted within twenty-five (25) days of submission 11
129	129	of the application. The running of the time period set forth herein will be deemed stopped upon the 12
130	130	issuance of a written certificate of incompleteness of the application by the administrative officer 13
131	131	and will recommence upon the resubmission of a corrected application by the applicant. However, 14
132	132	in no event will the administrative officer be required to certify a corrected submission as complete 15
133	133	or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 16
134	134	the application as incomplete, the officer shall set forth in writing with specificity the missing or 17
135	135	incomplete items. 18
136	136	(iii) Review of applications. An application filed in accordance with this chapter shall be 19
137	137	reviewed in accordance with the following provisions: 20
138	138	(A) Public hearing. A public hearing shall be noticed and held as soon as practicable after 21
139	139	the issuance of a certificate of completeness. 22
140	140	(B) Notice. Public notice for the public hearing will be the same notice required under local 23
141	141	regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42. 24
142	142	The cost of notice shall be paid by the applicant. 25
143	143	(C) Timeframe for review. The local review board shall render a decision on the 26
144	144	preliminary plan application within ninety (90) days of the date the application is certified 27
145	145	complete, or within a further amount of time that may be consented to by the applicant through the 28
146	146	submission of a written consent. 29
147	147	(D) Failure to act. Failure of the local review board to act within the prescribed period 30
148	148	constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the 31
149	149	failure of the local review board to act within the required time and the resulting approval shall be 32
150	150	issued on request of the applicant. Further, if the public hearing is not convened or a decision is not 33
151	151	rendered within the time allowed in subsections (d)(2)(iii)(A) and (d)(2)(iii)(C) of this section, the 34
152	152
153	153
154	154	LC002694 - Page 5 of 12
155	155	application is deemed to have been allowed and the preliminary plan approval shall be issued 1
156	156	immediately. 2
157	157	(E) Required findings for approval. In approving an application, the local review board 3
158	158	shall make positive findings, supported by legally competent evidence on the record that discloses 4
159	159	the nature and character of the observations upon which the fact finders acted, on each of the 5
160	160	following standard provisions, where applicable: 6
161	161	(I) The proposed development is consistent with local needs as identified in the local 7
162	162	comprehensive community plan with particular emphasis on the community’s affordable housing 8
163	163	plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 9
164	164	(II) The proposed development is in compliance with the standards and provisions of the 10
165	165	municipality’s zoning ordinance and subdivision regulations, and/or where adjustments are 11
166	166	requested by the applicant, that local concerns that have been affected by the relief granted do not 12
167	167	outweigh the state and local need for low- and moderate-income housing. 13
168	168	(III) All low- and moderate-income housing units proposed are integrated throughout the 14
169	169	development; are compatible in scale and architectural style to the market rate units within the 15
170	170	project; and will be built and occupied prior to, or simultaneous with the construction and 16
171	171	occupancy of any market rate units. 17
172	172	(IV) There will be no significant negative impacts on the health and safety of current or 18
173	173	future residents of the community, in areas including, but not limited to, safe circulation of 19
174	174	pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability 20
175	175	of potable water, adequate surface water run-off, and the preservation of natural, historical, or 21
176	176	cultural features that contribute to the attractiveness of the community. 22
177	177	(V) All proposed land developments and all subdivisions lots will have adequate and 23
178	178	permanent physical access to a public street in accordance with the requirements of § 45-23-24
179	179	60(a)(5). 25
180	180	(VI) The proposed development will not result in the creation of individual lots with any 26
181	181	physical constraints to development that building on those lots according to pertinent regulations 27
182	182	and building standards would be impracticable, unless created only as permanent open space or 28
183	183	permanently reserved for a public purpose on the approved, recorded plans. 29
184	184	(F) Required findings for denial. In reviewing the comprehensive permit request, the 30
185	185	local review board may deny the request for any of the following reasons: (I) If the city or town 31
186	186	has an approved affordable housing plan and is meeting housing needs, and the proposal is 32
187	187	inconsistent with the affordable housing plan; provided that, the local review board also finds that 33
188	188	the municipality has made significant progress in implementing that housing plan; (II) The proposal 34
189	189
190	190
191	191	LC002694 - Page 6 of 12
192	192	is not consistent with local needs, including, but not limited to, the needs identified in an approved 1
193	193	comprehensive plan, and/or local zoning ordinances and procedures promulgated in conformance 2
194	194	with the comprehensive plan; (III) The proposal is not in conformance with the comprehensive 3
195	195	plan; (IV) The community has met or has plans to meet the goal of ten percent (10%) of the year-4
196	196	round units or, in the case of an urban town or city, fifteen percent (15%) of the occupied rental 5
197	197	housing units as defined in § 45-53-3(5)(i) being low- and moderate-income housing; provided 6
198	198	that, the local review board also finds that the community has achieved or has made significant 7
199	199	progress towards meeting the goals required by this section; or (V) Concerns for the environment 8
200	200	and the health and safety of current residents have not been adequately addressed. 9
201	201	(iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with 10
202	202	the right to extend for two (2), one-year extensions upon written request by the applicant, who must 11
203	203	appear before the planning board for each annual review and provide proof of valid state or federal 12
204	204	permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 13
205	205	shown, if requested, in writing by the applicant, and approved by the local review board. The 14
206	206	vesting for the preliminary plan approval includes all ordinance provisions and regulations at the 15
207	207	time of the approval, general and specific conditions shown on the approved preliminary plan 16
208	208	drawings and supporting material. 17
209	209	(3) Final plan review. The second and final stage of review for the comprehensive permit 18
210	210	project shall be done administratively, unless an applicant has requested and been granted any 19
211	211	waivers from the submission of checklist items for preliminary plan review, and then, at the local 20
212	212	review board’s discretion, it may vote to require the applicant to return for final plan review and 21
213	213	approval. Further, for applications filed in the town of Tiverton, a comprehensive permit project 22
214	214	shall not add any accessory dwelling units to the project once final approval has been granted. For 23
215	215	the purposes of this section, "accessory dwelling unit" means a residential living unit on the same 24
216	216	lot where principal use is legally established as single-family or multi-family dwelling unit. 25
217	217	(i) Submission requirements. Applications for final plan review under this chapter shall 26
218	218	include: 27
219	219	(A) All required state and federal permits must be obtained prior to the final plan approval 28
220	220	or the issuance of a building permit; and 29
221	221	(B) A draft monitoring agreement which identifies an approved entity that will monitor the 30
222	222	long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and 31
223	223	(C) A sample land lease or deed restriction with affordability liens that will restrict use as 32
224	224	low- and moderate-income housing in conformance with the guidelines of the agency providing 33
225	225	the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 34
226	226
227	227
228	228	LC002694 - Page 7 of 12
229	229	years; and 1
230	230	(D) Those items required by local regulations promulgated pursuant to applicable state law 2
231	231	included in the checklist for final plan review in the local regulations promulgated pursuant to 3
232	232	chapter 23 of this title, including, but not limited to: 4
233	233	(I) Arrangements for completion of the required public improvements, including 5
234	234	construction schedule and/or financial guarantees; and 6
235	235	(II) Certification by the tax collector that all property taxes are current; and 7
236	236	(III) For phased projects, the final plan for phases following the first phase, shall be 8
237	237	accompanied by copies of as-built drawings not previously submitted of all existing public 9
238	238	improvements for prior phases. 10
239	239	(ii) Certification of completeness. The final plan application must be certified complete 11
240	240	or incomplete by the administrative officer according to the provisions of § 45-23-36; provided 12
241	241	however, that the certificate shall be granted within twenty-five (25) days of submission of the 13
242	242	application. The running of the time period set forth herein will be deemed stopped upon the 14
243	243	issuance of a written certificate of incompleteness of the application by the administrative officer 15
244	244	and will recommence upon the resubmission of a corrected application by the applicant. However, 16
245	245	in no event will the administrative officer be required to certify a corrected submission as complete 17
246	246	or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 18
247	247	the application as incomplete, the officer shall set forth in writing with specificity the missing or 19
248	248	incomplete items. 20
249	249	(iii) Review of applications. 21
250	250	(A) Timeframe for review. The reviewing authority shall render a decision on the final 22
251	251	plan application within forty-five (45) days of the date the application is certified complete. 23
252	252	(B) Modifications and changes to plans: 24
253	253	(I) Minor changes, as defined in the local regulations, to the plans approved at preliminary 25
254	254	plan may be approved administratively, by the administrative officer, whereupon final plan 26
255	255	approval may be issued. The changes may be authorized without additional public hearings, at the 27
256	256	discretion of the administrative officer. All changes shall be made part of the permanent record of 28
257	257	the project application. This provision does not prohibit the administrative officer from requesting 29
258	258	a recommendation from either the technical review committee or the local review board. Denial of 30
259	259	the proposed change(s) shall be referred to the local review board for review as a major change. 31
260	260	(II) Major changes, as defined in the local regulations, to the plans approved at preliminary 32
261	261	plan may be approved only by the local review board and must follow the same review and public 33
262	262	hearing process required for approval of preliminary plans as described in subsection (d)(2)(iii) of 34
263	263
264	264
265	265	LC002694 - Page 8 of 12
266	266	this section. 1
267	267	(III) The administrative officer shall notify the applicant in writing within fourteen (14) 2
268	268	days of submission of the final plan application if the administrative officer is referring the 3
269	269	application to the local review board under this subsection. 4
270	270	(C) Decision on final plan. An application filed in accordance with this chapter shall be 5
271	271	approved by the administrative officer unless such application does not satisfy conditions set forth 6
272	272	in the preliminary plan approval decision or such application does not have the requisite state and/or 7
273	273	federal approvals or other required submissions, does not post the required improvement bonds, or 8
274	274	such application is a major modification of the plans approved at preliminary plan. 9
275	275	(D) Failure to act. Failure of the reviewing authority to act within the prescribed period 10
276	276	constitutes approval of the final plan, and a certificate of the administrative officer as to the failure 11
277	277	to act within the required time and the resulting approval shall be issued on request of the applicant. 12
278	278	(iv) Vesting. The approved final plan is vested for a period of two (2) years with the right 13
279	279	to extend for one one-year extension upon written request by the applicant, who must appear before 14
280	280	the planning board for the extension request. Thereafter, vesting may be extended for a longer 15
281	281	period, for good cause shown, if requested, in writing by the applicant, and approved by the local 16
282	282	review board. 17
283	283	(4) Infeasibility of conditions of approval. The burden is on the applicant to show, by 18
284	284	competent evidence before the local review board, that proposed conditions of approval are 19
285	285	infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable 20
286	286	opportunity to respond to such proposed conditions prior to a final vote on the application. 21
287	287	(5) Fees. Municipalities may impose fees on comprehensive permit applications that are 22
288	288	consistent with but do not exceed fees that would otherwise be assessed for a project of the same 23
289	289	scope and type, but not proceeding under this chapter; provided, however, the imposition of such 24
290	290	fees shall not preclude a showing by an applicant that the fees make the project financially 25
291	291	infeasible. 26
292	292	(6) Recording of written decisions. All written decisions on applications under this 27
293	293	chapter shall be recorded in the land evidence records within twenty (20) days after the local review 28
294	294	board’s vote or the administrative officer’s decision, as applicable. A copy of the recorded decision 29
295	295	shall be mailed within one business day of recording, by any method that provides confirmation of 30
296	296	receipt, to the applicant and to any objector who has filed a written request for notice with the 31
297	297	administrative officer. 32
298	298	(7) Local review board powers. The local review board has the same power to issue 33
299	299	permits or approvals that any local board or official who would otherwise act with respect to the 34
300	300
301	301
302	302	LC002694 - Page 9 of 12
303	303	application, including, but not limited to, the power to attach to the permit or approval, conditions, 1
304	304	and requirements with respect to height, site plan, size or shape, or building materials, as are 2
305	305	consistent with the terms of this section. 3
306	306	(8) Majority vote required. All local review board decisions on comprehensive permits 4
307	307	shall be by majority vote of the members present at the proceeding. 5
308	308	(9) Construction timetable. A comprehensive permit shall expire unless construction is 6
309	309	started within twelve (12) months and completed within sixty (60) months of the recording of the 7
310	310	final plan unless a longer and/or phased period for development is agreed to by the local review 8
311	311	board and the applicant. Low- and moderate-income housing units shall be built and occupied prior 9
312	312	to, or simultaneous with the construction and occupancy of market rate units. 10
313	313	(10) For-profit developers — Limits. A town with an approved affordable housing plan 11
314	314	and that is meeting local housing needs, as defined in this chapter, may by council action limit the 12
315	315	annual total number of dwelling units in comprehensive permit applications from for-profit 13
316	316	developers to an aggregate of one percent (1%) of the total number of year-round housing units in 14
317	317	the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth 15
318	318	elsewhere in this section, the local review board shall have the authority to consider comprehensive 16
319	319	permit applications from for-profit developers, which are made pursuant to this paragraph, 17
320	320	sequentially in the order in which they are submitted. 18
321	321	(11) Report. The local review board of a town with an approved affordable housing plan 19
322	322	shall report the status of implementation to the housing resources commission, including the 20
323	323	disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006, 21
324	324	and for each June 30 thereafter by September 1 through 2010. The housing resources commission 22
325	325	shall prepare by October 15 and adopt by December 31, a report on the status of implementation, 23
326	326	which shall be submitted to the governor, the speaker and the president of the senate, and shall find 24
327	327	which towns are not in compliance with implementation requirements. 25
328	328	(12) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on 26
329	329	February 13, 2004, a local review board shall commence hearings within thirty (30) days of 27
330	330	receiving an application remanded pursuant to § 45-53-5 or, effective January 1, 2024, § 45-53-28
331	331	5.1. In any town with more than one remanded application, applications may be scheduled for 29
332	332	hearing in the order in which they were received, and may be taken up sequentially, with the thirty-30
333	333	day (30) requirement for the initiation of hearings, commencing upon the decision of the earlier 31
334	334	filed application. 32
335	335	(e)(1) The general assembly finds and declares that in January 2004 towns throughout 33
336	336	Rhode Island have been confronted by an unprecedented volume and complexity of development 34
337	337
338	338
339	339	LC002694 - Page 10 of 12
340	340	applications as a result of private for-profit developers using the provisions of this chapter and that 1
341	341	in order to protect the public health and welfare in communities and to provide sufficient time to 2
342	342	establish a reasonable and orderly process for the consideration of applications made under the 3
343	343	provisions of this chapter, and to have communities prepare plans to meet low- and moderate-4
344	344	income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 5
345	345	permit applications as herein provided by private for-profit developers; a moratorium is hereby 6
346	346	imposed on the use of the provisions of this chapter by private for-profit developers, which 7
347	347	moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 8
348	348	prior to expiration and extended to such other date as may be established by law. Notwithstanding 9
349	349	the provisions of subsection (a) of this section, private for-profit developers may not utilize the 10
350	350	procedure of this chapter until the expiration of the moratorium. 11
351	351	(2) No for-profit developer shall submit a new application for comprehensive permits until 12
352	352	July 1, 2005, except by mutual agreement with the local review board. 13
353	353	(3) Notwithstanding the provisions of subsection (e)(2) of this section, a local review board 14
354	354	in a town which has submitted a plan in accordance with subsection (f) of this section, shall not be 15
355	355	required to accept an application for a new comprehensive permit from a for-profit developer until 16
356	356	October 1, 2005. 17
357	357	(f) Towns and cities that are not in conformity with the provisions of § 45-53-3(5)(i) shall 18
358	358	prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-19
359	359	income housing as specified by § 45-53-3(5)(ii), consistent with applicable law and regulation. 20
360	360	That the secretary of the planning board or commission of each city or town subject to the 21
361	361	requirements of this paragraph shall report in writing the status of the preparation of the housing 22
362	362	element for low- and moderate-income housing on or before June 30, 2004, and on or before 23
363	363	December 31, 2004, to the secretary of the state planning council, to the chair of the house 24
364	364	committee on corporations and to the chair of the senate committee on commerce, housing and 25
365	365	municipal government. 26
366	366	(g) If any provision of this section or the application thereof shall for any reason be judged 27
367	367	invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any 28
368	368	other provision of this chapter, but shall be confined in its effect to the provision or application 29
369	369	directly involved in the controversy giving rise to the judgment, and a moratorium on the 30
370	370	applications of for-profit developers pursuant to this chapter shall remain and continue to be in 31
371	371	effect for the period commencing on the day this section becomes law [February 13, 2004] and 32
372	372	continue until it shall expire on January 31, 2005, or until amended further. 33
373	373	(h) In planning for, awarding, and otherwise administering programs and funds for housing 34
374	374
375	375
376	376	LC002694 - Page 11 of 12
377	377	and for community development, state departments, agencies, boards and commissions, and public 1
378	378	corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of 2
379	379	§ 45-53-3(5)(ii), give priority to the maximum extent allowable by law to towns with an approved 3
380	380	affordable housing plan. The director of administration shall adopt not later than January 31, 2005, 4
381	381	regulations to implement the provisions of this section. 5
382	382	(i) Multi-family rental units built under a comprehensive permit may be calculated towards 6
383	383	meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long 7
384	384	as the units meet and are in compliance with the provisions of § 45-53-3.1. 8
385	385	SECTION 2. This act shall take effect upon passage. 9
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387	387	LC002694
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389	389
390	390
391	391	LC002694 - Page 12 of 12
392	392	EXPLANATION
393	393	BY THE LEGISLATIVE COUNCIL
394	394	OF
395	395	A N A C T
396	396	RELATING TO TOWN AND CITIES -- LOW AND MODERATE INCOME HOUSI NG--
397	397	COMPREHENSIVE PERMIT PROJECTS IN TIVERTON
398	398	***
399	399	This act would exempt applications filed in the town of Tiverton, from regulations for 1
400	400	comprehensive permit projects, for low and moderate income housing, by prohibiting accessory 2
401	401	dwelling units. 3
402	402	This act would take effect upon passage. 4
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404	404	LC002694
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