[HISTORY: Adopted by the Town Council of
the Town of Lincoln as indicated in article histories. Amendments
noted where applicable.]
STATE LAW REFERENCES
Authority to prohibit transfer of unfit dwellings — See
R.I.G.L. § 45-24.2-3(b)(12).
Rhode Island Low and Moderate Income Housing
Act — See R.I.G.L. § 45-53-1 et seq.
[Adopted 7-18-1972 (Ch. 9, Art. I, of the 1990 Code of
Ordinances)]
Any person who shall violate any of the provisions
of this article or any rule or regulation passed pursuant to the authority
hereof shall be fined not to exceed $500 for each violation, and each
day's failure to comply with any such provision shall constitute a
separate violation.
It shall be unlawful for the owner of any dwelling
which has been found by the enforcing officer to be unfit for human
habitation to sell, transfer, mortgage, lease or otherwise dispose
thereof until the conditions causing the dwelling to be unfit for
human habitation have been corrected or until such owner has furnished
the intended grantee, mortgagee or lessee a true copy of the order
and has notified the enforcing officer in writing of his intent to
transfer, sell, mortgage, lease or otherwise dispose of such dwelling.
The transferee, mortgagee or lessee who has received actual notice
or constructive notice shall be bound by such order on the date of
such transfer, mortgage or lease without service of further notice
upon him by the enforcing officer.
[Adopted 2-18-2003 by Ord. No. 03-1; amended 5-16-2006 by Ord. No.
06-08]
The Town of Lincoln, Rhode Island, desires to
increase the supply of low- and moderate-income housing by allowing
a limited suspension of existing local zoning and land use ordinances,
requirements, and regulations which are inconsistent with the construction
of low and moderate housing. Equal consideration shall be on retrofitting
existing dwellings and assimilating low- and moderate-income housing
into existing developments and neighborhoods.
The Planning Board shall serve as the local
board of review for all comprehensive permit applications pursuant
to R.I.G.L. § 45-53-1 et seq.
Filing procedure. A completed application for
a comprehensive permit under this section shall be filed with the
Administrative Officer of the Planning Board or his/her designee.
A.
A completed application shall, at a minimum, consist
of 24 copies of the following:
(1)
A written request to submit a single application to
build or rehabilitate low- and moderate-income housing in lieu of
separate applications to the applicable local boards. The written
request shall include assessor's plat(s) and lot(s); name, address,
and telephone number of the owner of the property; developer's name,
address, and telephone number; attorney's name, address, and telephone
number; engineering firm's name, address, telephone number; and contact
name of project engineer.
(2)
A list of all requested exceptions to local requirements
and regulations, including local codes, ordinances, bylaws or regulations
identified by article or section number and a proposed timetable for
completion of the project.
(3)
A detailed report addressing how the proposed application
is consistent with local needs, including, but not limited to, the
needs identified in an approved comprehensive plan, and local zoning
ordinances and procedures promulgated in conformance with the Comprehensive
Plan, and the means and manner in which the proposal is in conformance
with the Comprehensive Plan, in accordance with RI Gen. Laws § 45-53-3.
(4)
A letter from a state and/or federal housing agency
indicating the eligibility of the applicant and project to receive
housing subsidies including a detailed description of the state and/or
federal housing subsidy program.
(5)
Evidence of incorporation and/or nonprofit status,
if appropriate.
(6)
For a proposed comprehensive permit for a project
1) not involving major land developments or major subdivisions including,
but not limited to, applications seeking relief from specific provisions
of the Town's Zoning Ordinance,[1] or involving administrative subdivisions, minor land developments
or minor subdivisions, or other Town ordinances or regulations, the
applicant shall provide those documents or other items required under
the subdivision and land use regulations in effect from time to time
for the specific type of development proposed; and 2) involving major
land developments and major subdivisions, unless otherwise agreed
to by the applicant and the Review Board (Planning Board), those documents
and other items included in the checklist for the master plan under
the subdivision and land use regulations in effect from time to time
for the specific type of development proposed and promulgated pursuant
to R.I. General Laws § 45-23-40 ("General provisions-Major
land development and major subdivision-Master plan"), with the exception
of evidence of state or federal permit. Subsequent to master plan
approval, the applicant shall submit those documents and items included
in the checklist for a preliminary plan for a major land development
or major subdivision project in the subdivision and land use regulations
in effect from time to time and promulgated pursuant to the provisions
of R.I. General Laws § 45-23-41 ("General provisions-Major
land development and major subdivision-Preliminary plan"), with the
exception of state or federal permits. All required state and federal
permits must be obtained by the applicant and filed with the Administrative
Officer prior to final plan approval or the issuance of building permits.
(7)
A report on the existing site conditions and a summary
report of the surrounding areas, showing the location and nature of
existing buildings, existing street elevations, traffic patterns,
and character of open areas, including wetlands and floodplains in
the neighborhood;
(8)
In addition to the specified requirements of the § 22
of the Town of Lincoln's Land Development and Subdivision Regulations,
the applicant shall, at the discretion of the Review Board (Planning
Board) or its Administrative Officer, supply the Town with the following
studies and analyses of the proposed development:
(a)
Traffic safety impact report.
(b)
An engineering hydraulic analysis of stormwater
runoff, under existing and proposed site conditions, projected effects
of surface runoff on property adjoining the site, on existing drainage
facilities and systems, on groundwater quality and downstream surface
water quality. The analysis shall include drainage areas, gutter flow
analysis, hydraulic analysis of swales, retention/detention basin
routing and depth to certified groundwater in any excavated basins.
Conclusions shall be submitted regarding the impact of the proposed
development on hydrologic conditions and water quality including options
and recommendations concerning the adequacy of the site for development.
(c)
Sanitary sewer capacity study and evaluation,
including infiltration and inflow analysis.
(d)
Certified seasonal high-water elevation analysis
in areas proposed for excavation
(e)
Water demand analysis, including proposed landscaping
needs.
(9)
A tabulation of proposed buildings by type, size (number
of bedrooms, floor area) and ground coverage and a summary showing
the percentage of the tract to be occupied by buildings, all impervious
areas, and by open spaces.
(10)
Where a subdivision of land is involved, a preliminary
subdivision plan engineered in accordance with § 22 of the
Town of Lincoln's Land Development and Subdivision Regulations, with
all supporting documents, shall be required.
(11)
Signage plan including any entrance signage;
street name sign and private development sign, if applicable.
(12)
Letter from the Department of Water Supply as
to availability of public water.
(13)
Assessment of the fire flow requirement from
the fire department.
(14)
Approval of the sewage disposal system from
the Department of Environmental Management, ISDS Division, for any
development other than single-family; and/or in the case of a detached
single-family development, a preliminary suitability report from the
Department of Environmental Management, ISDS Division, providing preliminary
suitability for all proposed lots with ISDS systems, if applicable.
(15)
The Planning Board may subsequently require
correction of any information found to be in error and submission
of additional information specific in the regulations but not required
by the Administrative Officer of the Planning Board or his/her designee
prior to certification, as is necessary to make an informed decision.
B.
Certificate of completeness. The Administrative Officer
or his/her designee shall issue a certificate of completeness or a
certificate of incompleteness: within 15 days of receipt in the case
of an application for an administrative subdivision; within 25 days
of receipt in the case of an application for a minor land development
or minor subdivision, or within 15 days if no street creation or extension
is required; and within 30 days of receipt for Master plan and within
45 days for preliminary plan in the case of an application for a major
land development or a major subdivision. The running of the time period
as required by RI Gen. Laws § 45-53-4 will be deemed stopped
upon issuance of a certificate of incompleteness of the application
by the Administrative Officer or his/her designee. If a certificate
of incompleteness is issued, the applicant must resubmit the application,
the running of the time shall recommence upon the resubmission of
a corrected application by the applicant; provided, however, that
in no event will the Administrative Officer be required to certify
the resubmitted application as either complete or incomplete less
than 14 days after its resubmission. If the Administrative Officer
issues a certificate of incompleteness, he shall set forth with specificity
the missing or incomplete items. Upon certifying the application as
complete, the Administrative Officer or his/her designee may notify
and seek recommendations or advisory opinions from Town Boards and
departments as appropriate.
C.
Filing fee for a comprehensive permit. The filing
fee for a comprehensive permit shall be $3,000 per permit.
