[HISTORY: Adopted by the Town Council of
the Town of Glocester 5-15-2008,[1] effective 5-15-2008. Amendments noted where applicable.]
The Rhode Island Low and Moderate Income Housing
Act was established pursuant to Title 45, Chapter 53, of the General
Laws of Rhode Island to provide opportunities for the establishment
of low- and moderate-income housing within every city and town throughout
the state. It is the policy of the Town of Glocester to facilitate
the development of all types of low- and moderate-income housing in
accordance with the Rhode Island Low and Moderate Income Housing Act
and in conformance with the Glocester Comprehensive Community Plan.
The Town Council finds that the Rhode Island
Low and Moderate Income Housing Act requires every city or town throughout
the state to provide low- and moderate-income housing in excess of
10% of the housing units reported in that city or town in the census.
The Town Council further finds that the Rhode Island Low and Moderate
Income Housing Act authorizes every city or town to provide opportunities
for housing that qualifies as low- and moderate-income housing through
the adoption of a municipal government subsidy program. The Town Council
finds that the housing and affordable housing component of the Comprehensive
Community Plan for the Town of Glocester states that there are no
local programs to assist low- and moderate-income households in accessing
affordable housing. The Town Council further finds that the housing
and affordable housing component of the Comprehensive Community Plan
for the Town of Glocester establishes as one of its goals that the
Town should provide opportunities for new housing that is geared to
the needs of all segments of the population. The Town Council further
finds that it is in the interest of the residents of the Town of Glocester
to adopt a municipal government subsidy program for all residential
developments.
The following words, whenever used in this chapter,
unless a different meaning clearly appears from the context, have
the following meanings:
Residential housing that has a sales price or rental amount
that is within the means of a household that is of moderate income
or less. In the case of dwelling units for sale, housing that is affordable
means housing in which principal, interest, taxes, which may be adjusted
by state and local programs for property tax relief, and insurance
constitute no more than 30% of the gross household income for a moderate-income
household. In the case of dwelling units for rent, housing that is
affordable means housing for which the rent, heat, and utilities other
than telephone constitute no more than 30%of the gross annual household
income for household with 80% or less of area median income, adjusted
for family size. Affordable housing shall include all types of year-round
housing, including, but not limited to, manufactured housing, housing
originally constructed for workers and their families, accessory dwelling
units, housing accepting rental vouchers and/or tenant based certificates
under Article 8 of the United States Housing Act of 1937, as amended,
and assisted living housing, where the sale or rental amount of such
housing, adjusted for any federal, state, or municipal government
subsidy, is less than or equal to 30% of the gross household income
of the low- and/or moderate-income occupants of the housing, or as
defined by R.I.G.L. § 42-128-8.1(d)(1).
An interest-bearing fund that is subsidized by developments
that wish to pay a fee in lieu of constructing the required affordable
housing unit. The fee shall be at least $200,000 per unit or donation
of a buildable lot (i.e., with all necessary permits in place to receive
a building permit) with the number of lots/units being equal to the
required affordable set aside percentage. The custodian of said funds
shall be the Director of Finance for the Town of Glocester.
The midpoint in the income distribution within a specific
geographic area. By definition, 50% of households earn less than the
median income, and 50% earn more. HUD calculates AMI levels for different
communities annually, with adjustments for family size. AMI is used
to determine the eligibility of applicants for both federally and
locally funded housing programs.
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 the federal, state,
or municipal government under any program to assist the construction
or rehabilitation housing affordable to low- or moderate-income households,
as defined in the applicable federal or state statute, or local ordinance
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 or state or municipal
subsidy program but is not less than 30 years from initial occupancy,
or as defined by R.I.G.L. § 45-53-3(5).
A single person, family, or unrelated persons living together
whose adjusted gross income is more than 80% but less than 120% of
the area median income, adjusted for family size.
Assistance that is made available through a city or town
program sufficient to make housing affordable, as "affordable" is
defined in this chapter; such assistance may include, but is not limited
to, direct financial support, abatement of taxes, waiver of fees and
charges, and approval of density bonuses and/or internal subsidies,
and any combination of forms of assistance.
The provisions of this chapter are applicable
to all subdivisions and residential land developments according to
Rhode Island General Laws, Title 45, Chapter 53, titled "Low and Moderate
Income Housing," in the Town of Glocester.
There shall be a minimum of 10% of the total
number of units in the land development project dedicated to affordable
housing. This 10% can be a combination of low- and moderate-income
housing.
A.
The municipal government subsidy shall be one or more
of the following:
(1)
A density bonus, where granted in accordance with
the provisions of the Zoning Ordinance of the Town of Glocester; and/or
(2)
A waiver of the building permit fee; and/or
(3)
A waiver or reduction of any municipal fees, guarantees,
and charges; and/or
(4)
A waiver of the impact fee on the affordable units.
B.
The Planning Board or applicant may wish to apply
a subsidy in order to allow certain units to qualify as affordable
housing. One or more subsidies may be utilized by the development
to qualify as affordable housing under the state definition. Selection
of the subsidy shall be made by the Planning Board, which may be based
on the recommendation of the Town Planner and/or the Glocester Affordable
Housing Board. When considering the amount and type of subsidy, the
Board may consider, but not be limited to, the project size, site
constraints, location, and other issues.
A.
The applicant shall have the following options for
construction of housing. The options are ranked in order of the Town's
preference:
(1)
To construct market rate housing together with the
affordable housing; or
(2)
To construct market rate housing and provide the Town
with buildable lot(s) equivalent to the required affordable set aside;
or
(3)
To construct market rate housing and pay the fee in
lieu of affordable housing. (The Town would prefer the provision of
a buildable lot for affordable housing which in turn could be given
to a nonprofit affordable housing developer to develop.) All funds
will be placed in an affordable housing fund.
B.
It is the preference of the Town to have affordable
housing constructed as part of any development rather than to have
land set aside, collecting a fee in lieu or any other option.
Low- and moderate-income housing must be designated
as such for a period of 99 years or such other period that is either
agreed to by the applicant and Town but shall not be for a period
of less than 30 years from initial occupancy through a land lease
or deed restriction. The affordability deed restriction must be renewed
with each sale of the property. The right of first refusal shall lie
with the Town of Glocester, and should the monitoring agent forego
this right, it would be offered to Rhode Island Housing as a secondary
right of refusal.
The Planning Board of the Town of Glocester
may require the inclusion of low-income housing units and/or provide
a greater municipal subsidy when a development provides for low-income
housing. When considering the amount and/or type of subsidies granted
by the Planning Board, it may consider, but not be limited to, the
following factors: any unique development constraints, including,
but not limited to, project size, project location, and site size;
economic feasibility and the amount of low-income housing being proposed.
The Town Planner may provide a recommendation regarding the municipal
subsidy based upon the above considerations.
Rhode Island Housing or an approved monitoring
agent as approved by Rhode Island Housing, its successors or assigns
shall monitor the units designated as low- and moderate-income housing
units to insure compliance with the affordability requirements of
the land lease and/or deed restriction.
The units created under the Glocester municipal
subsidy program must be physically consistent with the overall character
of housing already established in the development and the community.
Every effort will be made to integrate affordable units into the surrounding
community.
This chapter shall apply to both rental and
ownership units, with rental units not to exceed eighty-percent AMI
(area median income).
Within a project, low- and moderate-income units
must be built simultaneously with or prior to construction of the
market-rate units.
For the purpose of creating ownership units,
a tiering of incomes is to be applied. One-half of the affordable
units in a project must be at eighty-percent AMI or lower, and the
other half can be negotiated with the Planning Board up to one-hundred-percent
AMI.
The affordable units created under this chapter
must be the owner's/renter's primary residence.
The Town of Glocester will assess low- and moderate-income
units based on the deed restricted price, not the comparable value
of a non-deed-restricted property for the life of the affordable deed
restriction unless some other arrangement has been made with the Town
of Glocester.
The municipal government subsidy program adopted
by this chapter qualifies for the establishment of low- and moderate-income
housing under the Rhode Island Low and Moderate Income Housing Act
established pursuant to Title 45, Chapter 53, of the General Laws
of Rhode Island.
