| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- S 0503 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC001859 |
|---|
| 8 | 8 | | ======== |
|---|
| 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 TOWNS AN D CITIES -- LOW AND MODERATE INCOME HOUS ING |
|---|
| 16 | 16 | | Introduced By: Senators Dimitri, Tikoian, Ciccone, Patalano, E Morgan, Raptakis, de la |
|---|
| 17 | 17 | | Cruz, Rogers, and Paolino |
|---|
| 18 | 18 | | Date Introduced: February 26, 2025 |
|---|
| 19 | 19 | | Referred To: Senate Housing & Municipal Government |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Sections 45-53-3 and 45-53-4 of the General Laws in Chapter 45-53 entitled 1 |
|---|
| 24 | 24 | | "Low and Moderate Income Housing" are hereby amended to read as follows: 2 |
|---|
| 25 | 25 | | 45-53-3. Definitions. 3 |
|---|
| 26 | 26 | | The following words, wherever used in this chapter, unless a different meaning clearly 4 |
|---|
| 27 | 27 | | appears from the context, have the following meanings: 5 |
|---|
| 28 | 28 | | (1) “Adjustment(s)” means a request or requests by the applicant to seek relief from the 6 |
|---|
| 29 | 29 | | literal use and dimensional requirements of the municipal zoning ordinance and/or the design 7 |
|---|
| 30 | 30 | | standards or requirements of the municipal land development and subdivision regulations. The 8 |
|---|
| 31 | 31 | | standard for the local review board’s consideration of adjustments is set forth in § 45-53-9 |
|---|
| 32 | 32 | | 4(d)(2)(iii)(E)(II). 10 |
|---|
| 33 | 33 | | (2) “Affordable housing plan” means a component of a housing element, as defined in § 11 |
|---|
| 34 | 34 | | 45-22.2-4(1), that addresses housing needs in a city or town that is prepared in accordance with 12 |
|---|
| 35 | 35 | | guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(e)(1) 13 |
|---|
| 36 | 36 | | and (f). 14 |
|---|
| 37 | 37 | | (3) “Approved affordable housing plan” means an affordable housing plan that has been 15 |
|---|
| 38 | 38 | | approved by the director of administration as meeting the guidelines for the local comprehensive 16 |
|---|
| 39 | 39 | | plan as promulgated by the state planning council; provided, however, that state review and 17 |
|---|
| 40 | 40 | | approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town 18 |
|---|
| 41 | 41 | | having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § 19 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC001859 - Page 2 of 16 |
|---|
| 45 | 45 | | 45-22.2-9, or § 45-22.2-12. 1 |
|---|
| 46 | 46 | | (4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city or 2 |
|---|
| 47 | 47 | | town pursuant to chapters 22.2 and 22.3 of this title. 3 |
|---|
| 48 | 48 | | (5) “Consistent with local needs” means reasonable in view of the state need for low- and 4 |
|---|
| 49 | 49 | | moderate-income housing, considered with the impact to the total number of low-income persons 5 |
|---|
| 50 | 50 | | residing in the city or town affected and the need to protect the health and safety of the occupants 6 |
|---|
| 51 | 51 | | of the proposed housing and or of the residents of the city or town, to the impact on the public 7 |
|---|
| 52 | 52 | | school system, public transportation and public infrastructure in the city or town affected, to 8 |
|---|
| 53 | 53 | | promote better site and building design in relation to the surroundings, or to preserve open spaces, 9 |
|---|
| 54 | 54 | | and if the local zoning or land use ordinances, requirements, and regulations are applied as equally 10 |
|---|
| 55 | 55 | | as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, 11 |
|---|
| 56 | 56 | | requirements, or regulations are consistent with local needs when imposed by a city or town council 12 |
|---|
| 57 | 57 | | after a comprehensive hearing in a city or town where: 13 |
|---|
| 58 | 58 | | (i) Low- or moderate-income housing exists which is: (A) In the case of an urban city or 14 |
|---|
| 59 | 59 | | town which has at least 5,000 occupied year-round rental units and the units, as reported in the 15 |
|---|
| 60 | 60 | | latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-16 |
|---|
| 61 | 61 | | round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round 17 |
|---|
| 62 | 62 | | rental units; or (B) In the case of all other cities or towns, is in excess of ten percent (10%) of the 18 |
|---|
| 63 | 63 | | year-round housing units reported in the census. 19 |
|---|
| 64 | 64 | | (ii) The city or town has promulgated zoning or land use ordinances, requirements, and 20 |
|---|
| 65 | 65 | | regulations to implement a comprehensive plan that has been adopted and approved pursuant to 21 |
|---|
| 66 | 66 | | chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides 22 |
|---|
| 67 | 67 | | for low- and moderate-income housing in excess of either ten percent (10%) of the year-round 23 |
|---|
| 68 | 68 | | housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided 24 |
|---|
| 69 | 69 | | in subsection (5)(i). 25 |
|---|
| 70 | 70 | | (iii) Multi-family rental units built under a comprehensive permit may be calculated 26 |
|---|
| 71 | 71 | | towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, 27 |
|---|
| 72 | 72 | | as long as the units meet and are in compliance with the provisions of § 45-53-3.1. 28 |
|---|
| 73 | 73 | | (6) “Infeasible” means any condition brought about by any single factor or combination of 29 |
|---|
| 74 | 74 | | factors, as a result of limitations imposed on the development by conditions attached to the approval 30 |
|---|
| 75 | 75 | | of the comprehensive permit, to the extent that it makes it financially or logistically impracticable 31 |
|---|
| 76 | 76 | | for any applicant to proceed in building or operating low- or moderate-income housing within the 32 |
|---|
| 77 | 77 | | limitations set by the subsidizing agency of government or local review board, on the size or 33 |
|---|
| 78 | 78 | | character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC001859 - Page 3 of 16 |
|---|
| 82 | 82 | | income permissible, and without substantially changing the rent levels and unit sizes proposed by 1 |
|---|
| 83 | 83 | | the applicant. 2 |
|---|
| 84 | 84 | | (7) “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage 3 |
|---|
| 85 | 85 | | finance corporation in accordance with § 42-55-5.3(a). 4 |
|---|
| 86 | 86 | | (8) “Local review board” means the planning board as defined by § 45-22.2-4. 5 |
|---|
| 87 | 87 | | (9) “Low- or moderate-income housing” shall be synonymous with “affordable housing” 6 |
|---|
| 88 | 88 | | as defined in § 42-128-8.1, and further means any type of housing whether built or operated by any 7 |
|---|
| 89 | 89 | | public agency or any nonprofit organization or by any limited equity housing cooperative or any 8 |
|---|
| 90 | 90 | | private developer, that is subsidized by a federal, state, or municipal government subsidy under any 9 |
|---|
| 91 | 91 | | program to assist the construction or rehabilitation of affordable housing and that will remain 10 |
|---|
| 92 | 92 | | affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other 11 |
|---|
| 93 | 93 | | period that is either agreed to by the applicant and town or prescribed by the federal, state, or 12 |
|---|
| 94 | 94 | | municipal government subsidy program but that is not less than thirty (30) years from initial 13 |
|---|
| 95 | 95 | | occupancy. 14 |
|---|
| 96 | 96 | | (i) Any housing unit that qualifies under this subsection (9) and under § 42-128-8.1 shall 15 |
|---|
| 97 | 97 | | be counted as one whole unit toward the municipality’s requirement for low- or moderate-income 16 |
|---|
| 98 | 98 | | housing. 17 |
|---|
| 99 | 99 | | (ii) Any mobile or manufactured home(s) that meet the requirements of § 42-128-18 |
|---|
| 100 | 100 | | 8.1(d)(1)(ii) but are not subsidized by a federal, state, or municipal government subsidy and/or do 19 |
|---|
| 101 | 101 | | not have a deed restriction or land lease as described in this subsection (9), shall count as one-half 20 |
|---|
| 102 | 102 | | (½) of one unit for the purpose of the calculation of the total of low- or moderate-income year-21 |
|---|
| 103 | 103 | | round housing within a city or town, as long as a municipality contracts with a monitoring agent to 22 |
|---|
| 104 | 104 | | verify that the requirements of § 42-128-8.1(d)(1)(ii) are met for these units. Such units shall not 23 |
|---|
| 105 | 105 | | be required to meet the income verification requirements of § 42-128-8.1. The monitoring agent 24 |
|---|
| 106 | 106 | | shall provide a listing of the eligible units to Rhode Island Housing, who shall provide a report as 25 |
|---|
| 107 | 107 | | to the qualifying mobile or manufactured homes under this subsection (9) to the governor, speaker 26 |
|---|
| 108 | 108 | | of the house of representatives, senate president, and secretary of housing on an annual basis, 27 |
|---|
| 109 | 109 | | beginning on or before December 31, 2025. 28 |
|---|
| 110 | 110 | | (iii) Low- or moderate-income housing also includes rental property located within a 29 |
|---|
| 111 | 111 | | municipality that is secured with a federal government rental assistance voucher. 30 |
|---|
| 112 | 112 | | (iv) For the period beginning on or after July 1, 2024, any housing unit that qualifies as 31 |
|---|
| 113 | 113 | | low- or moderate-income housing under this subsection (9) and under § 42-128-8.1 and any rental 32 |
|---|
| 114 | 114 | | property secured with a federal government rental assistance voucher that does not otherwise meet 33 |
|---|
| 115 | 115 | | the other requirements to qualify as low- or moderate-income housing under this section shall be 34 |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | LC001859 - Page 4 of 16 |
|---|
| 119 | 119 | | counted as one whole unit toward the municipality’s requirement for low- or moderate-income 1 |
|---|
| 120 | 120 | | housing, as long as a municipality confirms with the issuing authority that the voucher is in good 2 |
|---|
| 121 | 121 | | standing and active. 3 |
|---|
| 122 | 122 | | (10) “Meeting local housing needs” means as a result of the adoption of the implementation 4 |
|---|
| 123 | 123 | | program of an approved affordable housing plan, the absence of unreasonable denial of applications 5 |
|---|
| 124 | 124 | | that are made pursuant to an approved affordable housing plan in order to accomplish the purposes 6 |
|---|
| 125 | 125 | | and expectations of the approved affordable housing plan, and a showing that at least twenty percent 7 |
|---|
| 126 | 126 | | (20%) of the total residential units approved by a local review board or any other municipal board 8 |
|---|
| 127 | 127 | | in a calendar year are for low- and moderate-income housing as defined in § 42-128-8.1. 9 |
|---|
| 128 | 128 | | (11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island 10 |
|---|
| 129 | 129 | | housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight 11 |
|---|
| 130 | 130 | | set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4. 12 |
|---|
| 131 | 131 | | (12) “Municipal government subsidy” means assistance that is made available through a 13 |
|---|
| 132 | 132 | | city or town program sufficient to make housing affordable, as affordable housing is defined in § 14 |
|---|
| 133 | 133 | | 42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct 15 |
|---|
| 134 | 134 | | financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses 16 |
|---|
| 135 | 135 | | and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any 17 |
|---|
| 136 | 136 | | combination of forms of assistance. 18 |
|---|
| 137 | 137 | | (13) “Substantial multi-family housing project” means any application proposing to build 19 |
|---|
| 138 | 138 | | low- or moderate-income housing that exceeds sixty (60) units, inclusive of any density bonus 20 |
|---|
| 139 | 139 | | allowance under § 45-53-4, in any municipality with a population less than thirty-five thousand 21 |
|---|
| 140 | 140 | | (35,000) residents according to the United States Census Bureau. 22 |
|---|
| 141 | 141 | | 45-53-4. Procedure for approval of construction of low- or moderate-income housing. 23 |
|---|
| 142 | 142 | | (a)(1) Excluding any application for a substantial multi-family housing project, Any any 24 |
|---|
| 143 | 143 | | applicant proposing to build low- or moderate-income housing may submit to the local review 25 |
|---|
| 144 | 144 | | board a single application for a comprehensive permit to build that housing in lieu of separate 26 |
|---|
| 145 | 145 | | applications to the applicable local boards. This procedure is only available for proposals in which 27 |
|---|
| 146 | 146 | | at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 28 |
|---|
| 147 | 147 | | (2) Any applicant proposing to build a substantial multi-family housing project shall submit 29 |
|---|
| 148 | 148 | | separate applications to the applicable local boards who shall hear testimony and make findings 30 |
|---|
| 149 | 149 | | that the project is consistent with local needs. 31 |
|---|
| 150 | 150 | | (b) Municipal government subsidies, including adjustments and zoning incentives, are to 32 |
|---|
| 151 | 151 | | be made available to applications under this chapter to offset the differential costs of the low- or 33 |
|---|
| 152 | 152 | | moderate-incoming housing units in a development under this chapter. At a minimum, the 34 |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | |
|---|
| 155 | 155 | | LC001859 - Page 5 of 16 |
|---|
| 156 | 156 | | following zoning incentives shall be allowed for projects submitted under this chapter: 1 |
|---|
| 157 | 157 | | (1) Density bonus. A municipality shall provide an applicant with more dwelling units 2 |
|---|
| 158 | 158 | | than allowed by right under its zoning ordinance in the form of a density bonus to allow an increase 3 |
|---|
| 159 | 159 | | in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal 4 |
|---|
| 160 | 160 | | government subsidies as defined in § 45-53-3. Furthermore, a municipality shall provide, at a 5 |
|---|
| 161 | 161 | | minimum, the following density bonuses for projects submitted under this chapter, provided that 6 |
|---|
| 162 | 162 | | the total land utilized in the density calculation shall exclude wetlands; wetland buffers; area 7 |
|---|
| 163 | 163 | | devoted to infrastructure necessary for development; and easements or rights of way of record: 8 |
|---|
| 164 | 164 | | (i) For properties connected to public sewer and water, or eligible to be connected to public 9 |
|---|
| 165 | 165 | | sewer and water based on written confirmation from each respective service provider, the density 10 |
|---|
| 166 | 166 | | bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income 11 |
|---|
| 167 | 167 | | housing shall be at least five (5) units per acre; 12 |
|---|
| 168 | 168 | | (ii) For properties connected to public sewer and water, or eligible to be connected to public 13 |
|---|
| 169 | 169 | | sewer and water based on written confirmation from each respective service provider, the density 14 |
|---|
| 170 | 170 | | bonus for a project that provides at least fifty percent (50%) low- and moderate-income housing 15 |
|---|
| 171 | 171 | | shall be at least nine (9) units per acre; 16 |
|---|
| 172 | 172 | | (iii) For properties connected to public sewer and water, or eligible to be connected to 17 |
|---|
| 173 | 173 | | public sewer and water based on written confirmation from each respective service provider, the 18 |
|---|
| 174 | 174 | | density bonus for a project that provides one hundred percent (100%) low- and moderate-income 19 |
|---|
| 175 | 175 | | housing shall be at least twelve (12) units per acre; 20 |
|---|
| 176 | 176 | | (iv) For properties not connected to either public water or sewer or both, but which provide 21 |
|---|
| 177 | 177 | | competent evidence as to the availability of water to service the development and/or a permit for 22 |
|---|
| 178 | 178 | | on-site wastewater treatment facilities to service the dwelling units from the applicable state 23 |
|---|
| 179 | 179 | | agency, the density bonus for a project that provides at least twenty-five percent (25%) low- and 24 |
|---|
| 180 | 180 | | moderate-income housing shall be at least three (3) units per acre; 25 |
|---|
| 181 | 181 | | (v) For properties not connected to either public water or sewer or both, but which provide 26 |
|---|
| 182 | 182 | | competent evidence as to the availability of water to service the development and/or a permit for 27 |
|---|
| 183 | 183 | | on-site wastewater treatment facilities to service the dwelling units from the applicable state 28 |
|---|
| 184 | 184 | | agency, the density bonus for a project that provides at least fifty percent (50%) low- and moderate-29 |
|---|
| 185 | 185 | | income housing shall be at least five (5) units per acre; 30 |
|---|
| 186 | 186 | | (vi) For properties not connected to either public water or sewer or both, but which provide 31 |
|---|
| 187 | 187 | | competent evidence as to the availability of water to service the development and/or a permit for 32 |
|---|
| 188 | 188 | | on-site wastewater treatment facilities to service the dwelling units from the applicable state 33 |
|---|
| 189 | 189 | | agency, the density bonus for a project that provides one hundred percent (100%) low- and 34 |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | LC001859 - Page 6 of 16 |
|---|
| 193 | 193 | | moderate-income housing shall be at least eight (8) units per acre; 1 |
|---|
| 194 | 194 | | (2) Parking. A municipality shall not require more than one off-street parking space per 2 |
|---|
| 195 | 195 | | dwelling unit for units up to and including two (2) bedrooms in applications submitted under this 3 |
|---|
| 196 | 196 | | chapter; 4 |
|---|
| 197 | 197 | | (3) Bedrooms. A municipality shall not limit the number of bedrooms for applications 5 |
|---|
| 198 | 198 | | submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single-6 |
|---|
| 199 | 199 | | family dwelling units; 7 |
|---|
| 200 | 200 | | (4) Floor area. A municipality shall not utilize floor area requirements to limit any 8 |
|---|
| 201 | 201 | | application, except as provided by § 45-24.3-11. 9 |
|---|
| 202 | 202 | | (c) A municipality shall not restrict comprehensive permit applications and permits by any 10 |
|---|
| 203 | 203 | | locally adopted ordinance or policy that places a limit or moratorium on the development of 11 |
|---|
| 204 | 204 | | residential units. 12 |
|---|
| 205 | 205 | | (d) The application and review process for a comprehensive permit shall be as follows: 13 |
|---|
| 206 | 206 | | (1) Pre-application conference. (i) Excluding an application for a substantial multi-family 14 |
|---|
| 207 | 207 | | housing project, a A municipality may require an applicant proposing a project under this chapter 15 |
|---|
| 208 | 208 | | to complete, or the applicant proposing a project under this chapter may request a pre-application 16 |
|---|
| 209 | 209 | | conference with the local review board, the technical review committee established pursuant to § 17 |
|---|
| 210 | 210 | | 45-23-56, or with the administrative officer for the local review board as appropriate. In advance 18 |
|---|
| 211 | 211 | | of a pre-application conference, the applicant shall be required to submit only a short description 19 |
|---|
| 212 | 212 | | of the project in writing including the number of units, type of housing, density analysis, 20 |
|---|
| 213 | 213 | | preliminary list of adjustments needed, as well as a location map, and conceptual site plan. The 21 |
|---|
| 214 | 214 | | purpose of the pre-application conference shall be to review a concept plan of the proposed 22 |
|---|
| 215 | 215 | | development and to elicit feedback from the reviewing person or board. Upon receipt of a request 23 |
|---|
| 216 | 216 | | by an applicant for a pre-application conference, the municipality shall have thirty (30) days to 24 |
|---|
| 217 | 217 | | schedule and hold the pre-application conference, unless a different timeframe is agreed to by the 25 |
|---|
| 218 | 218 | | applicant in writing. If thirty (30) days has elapsed from the filing of the pre-application submission 26 |
|---|
| 219 | 219 | | and no pre-application conference has taken place, nothing shall be deemed to preclude an applicant 27 |
|---|
| 220 | 220 | | from thereafter filing and proceeding with an application for preliminary plan review for a 28 |
|---|
| 221 | 221 | | comprehensive permit. 29 |
|---|
| 222 | 222 | | (ii) For any application for a substantial multi-family housing project, a municipality shall 30 |
|---|
| 223 | 223 | | require an applicant proposing such project to seek a pre-application conference with the local 31 |
|---|
| 224 | 224 | | review board, the technical review committee established pursuant to § 45-23-56, or with the 32 |
|---|
| 225 | 225 | | administrative officer for the local review board as appropriate. In advance of a pre-application 33 |
|---|
| 226 | 226 | | conference, the applicant shall be required to submit a description of the project in writing including 34 |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | |
|---|
| 229 | 229 | | LC001859 - Page 7 of 16 |
|---|
| 230 | 230 | | the number of units, type of housing, density analysis, preliminary list of adjustments needed, as 1 |
|---|
| 231 | 231 | | well as a location map, and conceptual site plan. The purpose of the pre-application conference 2 |
|---|
| 232 | 232 | | shall be to review a concept plan of the proposed development and to elicit feedback from the 3 |
|---|
| 233 | 233 | | reviewing person or board. Upon receipt of a request by an applicant for a pre-application 4 |
|---|
| 234 | 234 | | conference, the municipality shall have thirty (30) days to schedule and hold the pre-application 5 |
|---|
| 235 | 235 | | conference, unless a different timeframe is agreed to by the applicant in writing. If thirty (30) days 6 |
|---|
| 236 | 236 | | has elapsed from the filing of the pre-application submission and no pre-application conference has 7 |
|---|
| 237 | 237 | | taken place, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding 8 |
|---|
| 238 | 238 | | with an application for preliminary plan review for said project. 9 |
|---|
| 239 | 239 | | (2) Preliminary plan review. 10 |
|---|
| 240 | 240 | | (i) Submission requirements. Applications for preliminary plan review under this chapter 11 |
|---|
| 241 | 241 | | shall include: 12 |
|---|
| 242 | 242 | | (A) A letter of eligibility issued by the Rhode Island housing and mortgage finance 13 |
|---|
| 243 | 243 | | corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 14 |
|---|
| 244 | 244 | | Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 15 |
|---|
| 245 | 245 | | application in such form as may be prescribed for a municipal government subsidy; and 16 |
|---|
| 246 | 246 | | (B) A letter signed by the authorized representative of the applicant, setting forth the 17 |
|---|
| 247 | 247 | | specific sections and provisions of applicable local ordinances and regulations from which the 18 |
|---|
| 248 | 248 | | applicant is seeking adjustments; and 19 |
|---|
| 249 | 249 | | (C) A proposed timetable for the commencement of construction and completion of the 20 |
|---|
| 250 | 250 | | project; and 21 |
|---|
| 251 | 251 | | (D) Those items required by local regulations promulgated pursuant to applicable state law, 22 |
|---|
| 252 | 252 | | with the exception of evidence of state or federal permits; and for comprehensive permit 23 |
|---|
| 253 | 253 | | applications included in the checklist for the preliminary plan review in the local regulations 24 |
|---|
| 254 | 254 | | promulgated pursuant to chapter 23 of this title; and 25 |
|---|
| 255 | 255 | | (E) Notwithstanding the submission requirements set forth above, the local review board 26 |
|---|
| 256 | 256 | | may request additional, reasonable documentation throughout the public hearing, including, but not 27 |
|---|
| 257 | 257 | | limited to, opinions of experts, credible evidence of application for necessary federal and/or state 28 |
|---|
| 258 | 258 | | permits, statements and advice from other local boards and officials. 29 |
|---|
| 259 | 259 | | (F) Notwithstanding the submission requirements set forth above, for an application for a 30 |
|---|
| 260 | 260 | | substantial multi-family housing project, the local review board shall also require the applicant to 31 |
|---|
| 261 | 261 | | provide documentation that the project is consistent with local need. 32 |
|---|
| 262 | 262 | | (ii) Certification of completeness. The preliminary plan application must be certified 33 |
|---|
| 263 | 263 | | complete or incomplete by the administrative officer according to the provisions of § 45-23-36; 34 |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | LC001859 - Page 8 of 16 |
|---|
| 267 | 267 | | provided, however, that the certificate shall be granted within twenty-five (25) days of submission 1 |
|---|
| 268 | 268 | | of the application. The running of the time period set forth herein will be deemed stopped upon the 2 |
|---|
| 269 | 269 | | issuance of a written certificate of incompleteness of the application by the administrative officer 3 |
|---|
| 270 | 270 | | and will recommence upon the resubmission of a corrected application by the applicant. However, 4 |
|---|
| 271 | 271 | | in no event will the administrative officer be required to certify a corrected submission as complete 5 |
|---|
| 272 | 272 | | or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 6 |
|---|
| 273 | 273 | | the application as incomplete, the officer shall set forth in writing with specificity the missing or 7 |
|---|
| 274 | 274 | | incomplete items. 8 |
|---|
| 275 | 275 | | (iii) Review of applications. An application filed in accordance with this chapter shall be 9 |
|---|
| 276 | 276 | | reviewed in accordance with the following provisions: 10 |
|---|
| 277 | 277 | | (A) Public hearing. A public hearing shall be noticed and held as soon as practicable after 11 |
|---|
| 278 | 278 | | the issuance of a certificate of completeness. 12 |
|---|
| 279 | 279 | | (B) Notice. Public notice for the public hearing will be the same notice required under local 13 |
|---|
| 280 | 280 | | regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42. 14 |
|---|
| 281 | 281 | | The cost of notice shall be paid by the applicant. 15 |
|---|
| 282 | 282 | | (C) Timeframe for review. The local review board shall render a decision on the 16 |
|---|
| 283 | 283 | | preliminary plan application within ninety (90) days of the date the application is certified 17 |
|---|
| 284 | 284 | | complete, or within a further amount of time that may be consented to by the applicant through the 18 |
|---|
| 285 | 285 | | submission of a written consent. 19 |
|---|
| 286 | 286 | | (D) Failure to act. Failure of the local review board to act within the prescribed period 20 |
|---|
| 287 | 287 | | constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the 21 |
|---|
| 288 | 288 | | failure of the local review board to act within the required time and the resulting approval shall be 22 |
|---|
| 289 | 289 | | issued on request of the applicant. Further, if the public hearing is not convened or a decision is not 23 |
|---|
| 290 | 290 | | rendered within the time allowed in subsections (d)(2)(iii)(A) and (d)(2)(iii)(C) of this section, the 24 |
|---|
| 291 | 291 | | application is deemed to have been allowed and the preliminary plan approval shall be issued 25 |
|---|
| 292 | 292 | | immediately. 26 |
|---|
| 293 | 293 | | (E) Required findings for approval. In approving an application, the local review board 27 |
|---|
| 294 | 294 | | shall make positive findings, supported by legally competent evidence on the record that discloses 28 |
|---|
| 295 | 295 | | the nature and character of the observations upon which the fact finders acted, on each of the 29 |
|---|
| 296 | 296 | | following standard provisions, where applicable: 30 |
|---|
| 297 | 297 | | (I) The proposed development is consistent with local needs as identified in the local 31 |
|---|
| 298 | 298 | | comprehensive community plan with particular emphasis on the community’s affordable housing 32 |
|---|
| 299 | 299 | | plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 33 |
|---|
| 300 | 300 | | (II) The proposed development is in compliance with the standards and provisions of the 34 |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | |
|---|
| 303 | 303 | | LC001859 - Page 9 of 16 |
|---|
| 304 | 304 | | municipality’s zoning ordinance and subdivision regulations, and/or where adjustments are 1 |
|---|
| 305 | 305 | | requested by the applicant, that local concerns that have been affected by the relief granted do not 2 |
|---|
| 306 | 306 | | outweigh the state and local need for low- and moderate-income housing. 3 |
|---|
| 307 | 307 | | (III) All low- and moderate-income housing units proposed are integrated throughout the 4 |
|---|
| 308 | 308 | | development; are compatible in scale and architectural style to the market rate units within the 5 |
|---|
| 309 | 309 | | project; and will be built and occupied prior to, or simultaneous with the construction and 6 |
|---|
| 310 | 310 | | occupancy of any market rate units. 7 |
|---|
| 311 | 311 | | (IV) There will be no significant negative impacts on the local needs including, but not 8 |
|---|
| 312 | 312 | | limited to, the public school system, public transportation, and public infrastructure in a 9 |
|---|
| 313 | 313 | | community, the health and safety of current or future residents of the community, in areas 10 |
|---|
| 314 | 314 | | including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of 11 |
|---|
| 315 | 315 | | emergency services, sewerage disposal, availability of potable water, adequate surface water run-12 |
|---|
| 316 | 316 | | off, and the preservation of natural, historical, or cultural features that contribute to the 13 |
|---|
| 317 | 317 | | attractiveness of the community. 14 |
|---|
| 318 | 318 | | (V) All proposed land developments and all subdivisions lots will have adequate and 15 |
|---|
| 319 | 319 | | permanent physical access to a public street in accordance with the requirements of § 45-23-16 |
|---|
| 320 | 320 | | 60(a)(5). 17 |
|---|
| 321 | 321 | | (VI) The proposed development will not result in the creation of individual lots with any 18 |
|---|
| 322 | 322 | | physical constraints to development that building on those lots according to pertinent regulations 19 |
|---|
| 323 | 323 | | and building standards would be impracticable, unless created only as permanent open space or 20 |
|---|
| 324 | 324 | | permanently reserved for a public purpose on the approved, recorded plans. 21 |
|---|
| 325 | 325 | | (F) Required findings for denial. In reviewing the comprehensive permit request, the 22 |
|---|
| 326 | 326 | | local review board may deny the request for any of the following reasons: (I) If the city or town 23 |
|---|
| 327 | 327 | | has an approved affordable housing plan and is meeting housing needs, and the proposal is 24 |
|---|
| 328 | 328 | | inconsistent with the affordable housing plan; provided that, the local review board also finds that 25 |
|---|
| 329 | 329 | | the municipality has made significant progress in implementing that housing plan; (II) The proposal 26 |
|---|
| 330 | 330 | | is not consistent with local needs, including, but not limited to, the impact on the public school 27 |
|---|
| 331 | 331 | | system, public transportation, and public infrastructure in a community, the needs identified in an 28 |
|---|
| 332 | 332 | | approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in 29 |
|---|
| 333 | 333 | | conformance with the comprehensive plan; (III) The proposal is not in conformance with the 30 |
|---|
| 334 | 334 | | comprehensive plan; (IV) The community has met or has plans to meet the goal of ten percent 31 |
|---|
| 335 | 335 | | (10%) of the year-round units or, in the case of an urban town or city, fifteen percent (15%) of the 32 |
|---|
| 336 | 336 | | occupied rental housing units as defined in § 45-53-3(5)(i) being low- and moderate-income 33 |
|---|
| 337 | 337 | | housing; provided that, the local review board also finds that the community has achieved or has 34 |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | |
|---|
| 340 | 340 | | LC001859 - Page 10 of 16 |
|---|
| 341 | 341 | | made significant progress towards meeting the goals required by this section; or (V) Concerns for 1 |
|---|
| 342 | 342 | | the environment and the health and safety of current residents have not been adequately addressed. 2 |
|---|
| 343 | 343 | | (iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with 3 |
|---|
| 344 | 344 | | the right to extend for two (2), one-year extensions upon written request by the applicant, who must 4 |
|---|
| 345 | 345 | | appear before the planning board for each annual review and provide proof of valid state or federal 5 |
|---|
| 346 | 346 | | permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 6 |
|---|
| 347 | 347 | | shown, if requested, in writing by the applicant, and approved by the local review board. The 7 |
|---|
| 348 | 348 | | vesting for the preliminary plan approval includes all ordinance provisions and regulations at the 8 |
|---|
| 349 | 349 | | time of the approval, general and specific conditions shown on the approved preliminary plan 9 |
|---|
| 350 | 350 | | drawings and supporting material. 10 |
|---|
| 351 | 351 | | (3) Final plan review. Excluding an application for a substantial multi-family housing 11 |
|---|
| 352 | 352 | | project, the The second and final stage of review for the comprehensive permit project shall be 12 |
|---|
| 353 | 353 | | done administratively, unless an applicant has requested and been granted any waivers from the 13 |
|---|
| 354 | 354 | | submission of checklist items for preliminary plan review, and then, at the local review board’s 14 |
|---|
| 355 | 355 | | discretion, it may vote to require the applicant to return for final plan review and approval. All 15 |
|---|
| 356 | 356 | | applications for a substantial multi-family housing project shall require the applicant to return for 16 |
|---|
| 357 | 357 | | final plan review and approval. 17 |
|---|
| 358 | 358 | | (i) Submission requirements. Applications for final plan review under this chapter shall 18 |
|---|
| 359 | 359 | | include: 19 |
|---|
| 360 | 360 | | (A) All required state and federal permits must be obtained prior to the final plan approval 20 |
|---|
| 361 | 361 | | or the issuance of a building permit; and 21 |
|---|
| 362 | 362 | | (B) A draft monitoring agreement which identifies an approved entity that will monitor the 22 |
|---|
| 363 | 363 | | long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and 23 |
|---|
| 364 | 364 | | (C) A sample land lease or deed restriction with affordability liens that will restrict use as 24 |
|---|
| 365 | 365 | | low- and moderate-income housing in conformance with the guidelines of the agency providing 25 |
|---|
| 366 | 366 | | the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 26 |
|---|
| 367 | 367 | | years; and 27 |
|---|
| 368 | 368 | | (D) Those items required by local regulations promulgated pursuant to applicable state law 28 |
|---|
| 369 | 369 | | included in the checklist for final plan review in the local regulations promulgated pursuant to 29 |
|---|
| 370 | 370 | | chapter 23 of this title, including, but not limited to: 30 |
|---|
| 371 | 371 | | (I) Arrangements for completion of the required public improvements, including 31 |
|---|
| 372 | 372 | | construction schedule and/or financial guarantees; and 32 |
|---|
| 373 | 373 | | (II) Certification by the tax collector that all property taxes are current; and 33 |
|---|
| 374 | 374 | | (III) For phased projects, the final plan for phases following the first phase, shall be 34 |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | |
|---|
| 377 | 377 | | LC001859 - Page 11 of 16 |
|---|
| 378 | 378 | | accompanied by copies of as-built drawings not previously submitted of all existing public 1 |
|---|
| 379 | 379 | | improvements for prior phases. 2 |
|---|
| 380 | 380 | | (ii) Certification of completeness. The final plan application must be certified complete 3 |
|---|
| 381 | 381 | | or incomplete by the administrative officer according to the provisions of § 45-23-36; provided 4 |
|---|
| 382 | 382 | | however, that the certificate shall be granted within twenty-five (25) days of submission of the 5 |
|---|
| 383 | 383 | | application. The running of the time period set forth herein will be deemed stopped upon the 6 |
|---|
| 384 | 384 | | issuance of a written certificate of incompleteness of the application by the administrative officer 7 |
|---|
| 385 | 385 | | and will recommence upon the resubmission of a corrected application by the applicant. However, 8 |
|---|
| 386 | 386 | | in no event will the administrative officer be required to certify a corrected submission as complete 9 |
|---|
| 387 | 387 | | or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 10 |
|---|
| 388 | 388 | | the application as incomplete, the officer shall set forth in writing with specificity the missing or 11 |
|---|
| 389 | 389 | | incomplete items. 12 |
|---|
| 390 | 390 | | (iii) Review of applications. 13 |
|---|
| 391 | 391 | | (A) Timeframe for review. The reviewing authority shall render a decision on the final 14 |
|---|
| 392 | 392 | | plan application within forty-five (45) days of the date the application is certified complete. 15 |
|---|
| 393 | 393 | | (B) Modifications and changes to plans: 16 |
|---|
| 394 | 394 | | (I) Excluding an application for a substantial multi-family housing project, minor Minor 17 |
|---|
| 395 | 395 | | changes, as defined in the local regulations, to the plans approved at preliminary plan may be 18 |
|---|
| 396 | 396 | | approved administratively, by the administrative officer, whereupon final plan approval may be 19 |
|---|
| 397 | 397 | | issued. The changes may be authorized without additional public hearings, at the discretion of the 20 |
|---|
| 398 | 398 | | administrative officer. All changes shall be made part of the permanent record of the project 21 |
|---|
| 399 | 399 | | application. This provision does not prohibit the administrative officer from requesting a 22 |
|---|
| 400 | 400 | | recommendation from either the technical review committee or the local review board. Denial of 23 |
|---|
| 401 | 401 | | the proposed change(s) shall be referred to the local review board for review as a major change. 24 |
|---|
| 402 | 402 | | (II) Minor changes, as defined in the local regulations, for any substantial multi-family 25 |
|---|
| 403 | 403 | | housing project and all major Major changes, as defined in the local regulations, to the plans 26 |
|---|
| 404 | 404 | | approved at preliminary plan may be approved only by the local review board and must follow the 27 |
|---|
| 405 | 405 | | same review and public hearing process required for approval of preliminary plans as described in 28 |
|---|
| 406 | 406 | | subsection (d)(2)(iii) of this section. 29 |
|---|
| 407 | 407 | | (III) The administrative officer shall notify the applicant in writing within fourteen (14) 30 |
|---|
| 408 | 408 | | days of submission of the final plan application if the administrative officer is referring the 31 |
|---|
| 409 | 409 | | application to the local review board under this subsection. 32 |
|---|
| 410 | 410 | | (C) Decision on final plan. An application filed in accordance with this chapter shall be 33 |
|---|
| 411 | 411 | | approved by the administrative officer unless such application does not satisfy conditions set forth 34 |
|---|
| 412 | 412 | | |
|---|
| 413 | 413 | | |
|---|
| 414 | 414 | | LC001859 - Page 12 of 16 |
|---|
| 415 | 415 | | in the preliminary plan approval decision or such application does not have the requisite state and/or 1 |
|---|
| 416 | 416 | | federal approvals or other required submissions, does not post the required improvement bonds, or 2 |
|---|
| 417 | 417 | | such application is a major modification of the plans approved at preliminary plan. 3 |
|---|
| 418 | 418 | | (D) Failure to act. Excluding an application for a substantial multi-family housing project, 4 |
|---|
| 419 | 419 | | failure Failure of the reviewing authority to act within the prescribed period constitutes approval 5 |
|---|
| 420 | 420 | | of the final plan, and a certificate of the administrative officer as to the failure to act within the 6 |
|---|
| 421 | 421 | | required time and the resulting approval shall be issued on request of the applicant. 7 |
|---|
| 422 | 422 | | (iv) Vesting. The approved final plan is vested for a period of two (2) years with the right 8 |
|---|
| 423 | 423 | | to extend for one one-year extension upon written request by the applicant, who must appear before 9 |
|---|
| 424 | 424 | | the planning board for the extension request. Thereafter, vesting may be extended for a longer 10 |
|---|
| 425 | 425 | | period, for good cause shown, if requested, in writing by the applicant, and approved by the local 11 |
|---|
| 426 | 426 | | review board. 12 |
|---|
| 427 | 427 | | (4) Infeasibility of conditions of approval. The burden is on the applicant to show, by 13 |
|---|
| 428 | 428 | | competent evidence before the local review board, that proposed conditions of approval are 14 |
|---|
| 429 | 429 | | infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable 15 |
|---|
| 430 | 430 | | opportunity to respond to such proposed conditions prior to a final vote on the application. 16 |
|---|
| 431 | 431 | | (5) Fees. Municipalities may impose fees on comprehensive permit applications that are 17 |
|---|
| 432 | 432 | | consistent with but do not exceed fees that would otherwise be assessed for a project of the same 18 |
|---|
| 433 | 433 | | scope and type, but not proceeding under this chapter; provided, however, the imposition of such 19 |
|---|
| 434 | 434 | | fees shall not preclude a showing by an applicant that the fees make the project financially 20 |
|---|
| 435 | 435 | | infeasible. 21 |
|---|
| 436 | 436 | | (6) Recording of written decisions. All written decisions on applications under this 22 |
|---|
| 437 | 437 | | chapter shall be recorded in the land evidence records within twenty (20) days after the local review 23 |
|---|
| 438 | 438 | | board’s vote or the administrative officer’s decision, as applicable. A copy of the recorded decision 24 |
|---|
| 439 | 439 | | shall be mailed within one business day of recording, by any method that provides confirmation of 25 |
|---|
| 440 | 440 | | receipt, to the applicant and to any objector who has filed a written request for notice with the 26 |
|---|
| 441 | 441 | | administrative officer. 27 |
|---|
| 442 | 442 | | (7) Local review board powers. The local review board has the same power to issue 28 |
|---|
| 443 | 443 | | permits or approvals that any local board or official who would otherwise act with respect to the 29 |
|---|
| 444 | 444 | | application, including, but not limited to, the power to attach to the permit or approval, conditions, 30 |
|---|
| 445 | 445 | | and requirements with respect to height, site plan, size or shape, or building materials, as are 31 |
|---|
| 446 | 446 | | consistent with the terms of this section. 32 |
|---|
| 447 | 447 | | (8) Majority vote required. (i) Excluding an application for a substantial multi-family 33 |
|---|
| 448 | 448 | | housing project, all All local review board decisions on comprehensive permits shall be by majority 34 |
|---|
| 449 | 449 | | |
|---|
| 450 | 450 | | |
|---|
| 451 | 451 | | LC001859 - Page 13 of 16 |
|---|
| 452 | 452 | | vote of the members present at the proceeding. 1 |
|---|
| 453 | 453 | | (ii) All local review board decisions on an application for a substantial multi-family 2 |
|---|
| 454 | 454 | | housing project shall be by a majority vote of the entire board. 3 |
|---|
| 455 | 455 | | (9) Construction timetable. A comprehensive permit shall expire unless construction is 4 |
|---|
| 456 | 456 | | started within twelve (12) months and completed within sixty (60) months of the recording of the 5 |
|---|
| 457 | 457 | | final plan unless a longer and/or phased period for development is agreed to by the local review 6 |
|---|
| 458 | 458 | | board and the applicant. Low- and moderate-income housing units shall be built and occupied prior 7 |
|---|
| 459 | 459 | | to, or simultaneous with the construction and occupancy of market rate units. 8 |
|---|
| 460 | 460 | | (10) For-profit developers — Limits. A town with an approved affordable housing plan 9 |
|---|
| 461 | 461 | | and that is meeting local housing needs, as defined in this chapter, may by council action limit the 10 |
|---|
| 462 | 462 | | annual total number of dwelling units in comprehensive permit applications from for-profit 11 |
|---|
| 463 | 463 | | developers to an aggregate of one percent (1%) of the total number of year-round housing units in 12 |
|---|
| 464 | 464 | | the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth 13 |
|---|
| 465 | 465 | | elsewhere in this section, the local review board shall have the authority to consider comprehensive 14 |
|---|
| 466 | 466 | | permit applications from for-profit developers, which are made pursuant to this paragraph, 15 |
|---|
| 467 | 467 | | sequentially in the order in which they are submitted. 16 |
|---|
| 468 | 468 | | (11) Report. The local review board of a town with an approved affordable housing plan 17 |
|---|
| 469 | 469 | | shall report the status of implementation to the housing resources commission, including the 18 |
|---|
| 470 | 470 | | disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006, 19 |
|---|
| 471 | 471 | | and for each June 30 thereafter by September 1 through 2010. The housing resources commission 20 |
|---|
| 472 | 472 | | shall prepare by October 15 and adopt by December 31, a report on the status of implementation, 21 |
|---|
| 473 | 473 | | which shall be submitted to the governor, the speaker and the president of the senate, and shall find 22 |
|---|
| 474 | 474 | | which towns are not in compliance with implementation requirements. 23 |
|---|
| 475 | 475 | | (12) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on 24 |
|---|
| 476 | 476 | | February 13, 2004, a local review board shall commence hearings within thirty (30) days of 25 |
|---|
| 477 | 477 | | receiving an application remanded pursuant to § 45-53-5 or, effective January 1, 2024, § 45-53-26 |
|---|
| 478 | 478 | | 5.1. In any town with more than one remanded application, applications may be scheduled for 27 |
|---|
| 479 | 479 | | hearing in the order in which they were received, and may be taken up sequentially, with the thirty-28 |
|---|
| 480 | 480 | | day (30) requirement for the initiation of hearings, commencing upon the decision of the earlier 29 |
|---|
| 481 | 481 | | filed application. 30 |
|---|
| 482 | 482 | | (e)(1) The general assembly finds and declares that in January 2004 towns throughout 31 |
|---|
| 483 | 483 | | Rhode Island have been confronted by an unprecedented volume and complexity of development 32 |
|---|
| 484 | 484 | | applications as a result of private for-profit developers using the provisions of this chapter and that 33 |
|---|
| 485 | 485 | | in order to protect the public health and welfare in communities and to provide sufficient time to 34 |
|---|
| 486 | 486 | | |
|---|
| 487 | 487 | | |
|---|
| 488 | 488 | | LC001859 - Page 14 of 16 |
|---|
| 489 | 489 | | establish a reasonable and orderly process for the consideration of applications made under the 1 |
|---|
| 490 | 490 | | provisions of this chapter, and to have communities prepare plans to meet low- and moderate-2 |
|---|
| 491 | 491 | | income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 3 |
|---|
| 492 | 492 | | permit applications as herein provided by private for-profit developers; a moratorium is hereby 4 |
|---|
| 493 | 493 | | imposed on the use of the provisions of this chapter by private for-profit developers, which 5 |
|---|
| 494 | 494 | | moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 6 |
|---|
| 495 | 495 | | prior to expiration and extended to such other date as may be established by law. Notwithstanding 7 |
|---|
| 496 | 496 | | the provisions of subsection (a) of this section, private for-profit developers may not utilize the 8 |
|---|
| 497 | 497 | | procedure of this chapter until the expiration of the moratorium. 9 |
|---|
| 498 | 498 | | (2) No for-profit developer shall submit a new application for comprehensive permits until 10 |
|---|
| 499 | 499 | | July 1, 2005, except by mutual agreement with the local review board. 11 |
|---|
| 500 | 500 | | (3) Notwithstanding the provisions of subsection (e)(2) of this section, a local review board 12 |
|---|
| 501 | 501 | | in a town which has submitted a plan in accordance with subsection (f) of this section, shall not be 13 |
|---|
| 502 | 502 | | required to accept an application for a new comprehensive permit from a for-profit developer until 14 |
|---|
| 503 | 503 | | October 1, 2005. 15 |
|---|
| 504 | 504 | | (f) Towns and cities that are not in conformity with the provisions of § 45-53-3(5)(i) shall 16 |
|---|
| 505 | 505 | | prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-17 |
|---|
| 506 | 506 | | income housing as specified by § 45-53-3(5)(ii), consistent with applicable law and regulation. 18 |
|---|
| 507 | 507 | | That the secretary of the planning board or commission of each city or town subject to the 19 |
|---|
| 508 | 508 | | requirements of this paragraph shall report in writing the status of the preparation of the housing 20 |
|---|
| 509 | 509 | | element for low- and moderate-income housing on or before June 30, 2004, and on or before 21 |
|---|
| 510 | 510 | | December 31, 2004, to the secretary of the state planning council, to the chair of the house 22 |
|---|
| 511 | 511 | | committee on corporations and to the chair of the senate committee on commerce, housing and 23 |
|---|
| 512 | 512 | | municipal government. 24 |
|---|
| 513 | 513 | | (g) If any provision of this section or the application thereof shall for any reason be judged 25 |
|---|
| 514 | 514 | | invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any 26 |
|---|
| 515 | 515 | | other provision of this chapter, but shall be confined in its effect to the provision or application 27 |
|---|
| 516 | 516 | | directly involved in the controversy giving rise to the judgment, and a moratorium on the 28 |
|---|
| 517 | 517 | | applications of for-profit developers pursuant to this chapter shall remain and continue to be in 29 |
|---|
| 518 | 518 | | effect for the period commencing on the day this section becomes law [February 13, 2004] and 30 |
|---|
| 519 | 519 | | continue until it shall expire on January 31, 2005, or until amended further. 31 |
|---|
| 520 | 520 | | (h) In planning for, awarding, and otherwise administering programs and funds for housing 32 |
|---|
| 521 | 521 | | and for community development, state departments, agencies, boards and commissions, and public 33 |
|---|
| 522 | 522 | | corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of 34 |
|---|
| 523 | 523 | | |
|---|
| 524 | 524 | | |
|---|
| 525 | 525 | | LC001859 - Page 15 of 16 |
|---|
| 526 | 526 | | § 45-53-3(5)(ii), give priority to the maximum extent allowable by law to towns with an approved 1 |
|---|
| 527 | 527 | | affordable housing plan. The director of administration shall adopt not later than January 31, 2005, 2 |
|---|
| 528 | 528 | | regulations to implement the provisions of this section. 3 |
|---|
| 529 | 529 | | (i) Multi-family rental units built under a comprehensive permit may be calculated towards 4 |
|---|
| 530 | 530 | | meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long 5 |
|---|
| 531 | 531 | | as the units meet and are in compliance with the provisions of § 45-53-3.1. 6 |
|---|
| 532 | 532 | | SECTION 2. This act shall take effect upon passage. 7 |
|---|
| 533 | 533 | | ======== |
|---|
| 534 | 534 | | LC001859 |
|---|
| 535 | 535 | | ======== |
|---|
| 536 | 536 | | |
|---|
| 537 | 537 | | |
|---|
| 538 | 538 | | LC001859 - Page 16 of 16 |
|---|
| 539 | 539 | | EXPLANATION |
|---|
| 540 | 540 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 541 | 541 | | OF |
|---|
| 542 | 542 | | A N A C T |
|---|
| 543 | 543 | | RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INCOME HOUS ING |
|---|
| 544 | 544 | | *** |
|---|
| 545 | 545 | | This act would create a process for applications proposing to build low- or moderate-1 |
|---|
| 546 | 546 | | income housing that exceeds sixty (60) units. This act would require an applicant proposing such 2 |
|---|
| 547 | 547 | | project to seek a pre-application conference with the local review board. The applicant would also 3 |
|---|
| 548 | 548 | | be required to provide documentation that the project is consistent with local needs. 4 |
|---|
| 549 | 549 | | This act would take effect upon passage. 5 |
|---|
| 550 | 550 | | ======== |
|---|
| 551 | 551 | | LC001859 |
|---|
| 552 | 552 | | ======== |
|---|
| 553 | 553 | | |
|---|