The purpose of this article is to establish project review standards
and procedure for a comprehensive permit proposal to develop low-
and moderate-income housing.
This article shall apply to all applications for a comprehensive
permit to build low- and moderate-income housing, which have not yet
been certified complete in accordance with subdivision regulations
by the administrative officer of the Town of Glocester, Rhode Island,
as of December 7, 2017.
As used in this article, the following terms shall have the
meanings indicated:
AFFORDABLE HOUSING PLAN
That component of the Housing Element of the Town Comprehensive
Plan designed to meet the housing needs in the Town.
CONSISTENT WITH LOCAL NEEDS
A.
Reasonable in view of the state need for low-and moderate-income
housing, considered with the number of low-income persons in the Town
affected and:
(1)
The need to protect the health and safety of the occupants of
the proposed housing or of the residents of the Town;
(2)
The need to promote better site and building design in relation
to the surroundings or to preserve open spaces; and
(3)
If the local zoning or land use ordinances, requirements, and
regulations are applied as equally as possible to both subsidized
and unsubsidized housing.
B.
Local zoning and land use ordinances, requirements, or regulations
are consistent with local needs when imposed by the Town Council after
hearing in a city or town where low- and moderate income housing is
in excess of 10% of the year-round housing units reported in the Census.
LOW OR MODERATE INCOME HOUSING
Any housing, whether built or operated by any public agency
or any nonprofit organization or by any limited equity housing cooperative
or any private developer, that is subsidized by a federal, state,
or municipal government subsidy under any program to assist the construction
or rehabilitation of housing affordable to low- or moderate-income
households, as defined in the applicable federal or state statute,
or local ordinance, and that will remain affordable through a land
lease and/or deed restriction for 99 years or such other period that
is either agreed to by the applicant and Town or prescribed by the
federal, state, or municipal government subsidy program but that is
not less than 30 years from initial occupancy.
Any applicant proposing to build low- or moderate-income housing
may submit to the local review board a single application for a comprehensive
permit to build that housing in lieu of separate applications to the
applicable local boards. This procedure is only available for proposals
in which at least 25% of the housing is low- or moderate-income housing.
Application and review procedures shall be set forth in the Town of Glocester Subdivision Regulations, Article
V, Major Subdivisions.
Upon receipt of a completed application, the Planning Board
shall:
A. Notify each local board, as applicable, including but not limited
to the Zoning Board, the Town Council, and the Conservation Commission,
of the filing of the application along with a copy of the completed
application. A consulting engineer may be engaged at the applicant's
expense to assist in the review of application materials related to
stormwater, erosion and sediment control, proposed new infrastructure,
and any other area the Planning Board deems appropriate.
B. All other notice and hearing requirements shall be as set forth in the Town of Glocester Subdivision Regulations, Article
V, Major Subdivisions.
All decisions on comprehensive permits shall be by majority
vote of the membership of the local review board and may be appealed
by the applicant to the State Housing Appeals Board. Any person aggrieved
by the issuance of an approval may appeal to the Rhode Island Superior
Court.