The purpose of growth management is to equitably allocate a
limited number of new residential building permits over time, so as
to minimize the burden on existing facilities and resources, whose
adequacy is essential to the public health, safety and welfare, and
in a manner which is consistent with the West Greenwich Comprehensive
Plan. It is the intent of this article to allow controlled growth
in relation to the existing and future capacity of Town facilities
and the Exeter-West Greenwich School District (hereafter the "School
District").
The Town Council, Planning Board, Town staff and consultants
have conducted a study to develop a growth management program as called
for in the Comprehensive Plan. The study is entitled "Town Of West
Greenwich, Rhode Island, Growth Management Program," and was adopted
by the Town Council on February 20, 2002. The Town Council finds that
this study, together with the footnotes and sources, establishes the
basis for the Town's Growth Management Program, and is incorporated
herein by reference.
Issuance of building permits authorizing creation of one or more dwelling units, as defined by this chapter, through new construction or change of use shall be allowed under the procedures and requirements set forth herein. A permit is equivalent to a dwelling unit. Applicants for such residential building permits shall be authorized to proceed in the manner specified herein, and in accordance with the priority assigned to them. The total number of dwelling units authorized to begin construction in any quarter shall not exceed the calculated quota as established in §
400-161 of this article.
There shall be a finite number of residential building permits
for each quarter of each year. A "quarter" is defined as a three-month
period that begins on the first day of January, April, July and October.
The number of residential permits to be issued shall be limited in
accordance with the following formula:
A. Total permits per quarter equals the currently available seats within
School District plus any increase of seats that the School District
may provide for through new construction of school facilities over
the next 10 years, commencing January 1, 2002 divided by 0.6 less
the number of low- and moderate-income housing permits issued as set
forth below divided by 40 quarters.
B. If any low- and moderate-income housing permits have been issued pursuant to §
400-166A below, then the number of dwelling units encompassed in such permits shall be subtracted from the overall number of permits available, such that the increased school population from such units is amortized over the remaining years of the Growth Management Program.
Initially, it has been determined by the Town Council, based upon studies conducted pursuant to the Comprehensive Plan and studies cited in §
400-159, along with data supplied by the School District, the Town's present capacity for additional dwelling units is based on the following:
1999/2001 - Total Capacity
|
2,320
|
Plus Recaptured Seats - Interim Plan
|
61
|
Total
|
2,381
|
2000/2001 Enrollment
|
2,130
|
Existing excess capacity - District wide
|
251
|
Existing excess capacity - West Greenwich at 47%
|
118
|
Divided by (pupil per dwelling unit ratio here)
|
0.6
|
Equals Number of Permits in Ten-Year Period
|
197
|
Number of Permits Per Year
|
20
|
Number of Permits Per Quarter
|
5, 5, 5, 5
|
For the purpose of this article, the effective date shall be
February 21, 2002. For the remainder of the first quarter of 2002, the Building
Official shall apply the number of permits on a pro-rata basis. Any
application for a building permit creating one or more additional
dwelling units submitted after the effective date of this article
shall be subject to the review procedures set forth herein. Permit
applications submitted before the effective date of this article shall
not be subject to any of the quota limitations of this article. This
article shall supersede any and all ordinances inconsistent herewith.
Building permits shall be issued by the Building Official up
to the maximum number permitted by the applicable calculated quota,
in the order of priority assigned below. In the event of a tie, priority
shall go to the application with the earlier date and time of the
submission of a complete application.
A. First priority. The first priority shall be given to applications for construction of low- and moderate-income housing. "Low- and moderate-income housing" means any housing subsidized by the federal or state government under any program to assist the construction or rehabilitation of low- and moderate housing, as defined in the applicable federal or state statute, whether built or operated by any public agency or any nonprofit organization, or by any limited-equity housing cooperative or any private developer. Entities eligible are: 1) any public agency, nonprofit organization or limited-equity housing cooperative proposing to build or rehabilitate low- and moderate-income housing; or 2) any private developer proposing a low- and moderate-income rental housing which remain as low- and moderate-income housing for a period of not less than 30 years from initial occupancy. Projects eligible or sponsored by an eligible entity and: (1) are eligible and approved for a subsidy for the state or federal government under any program to assist the construction or rehabilitation of low- and moderate-income housing; and (2) have at least the minimum number of units reserved for low- and moderate-income housing as defined by the program providing the subsidy or 25% of the total number of units reserved for low- and moderate-income housing, whichever is greater. The number of such permits issued shall not be deducted from the current year's allotment of permits, but shall be amortized according to the schedule set forth in §
400-161 above.
B. Second priority.
(1) The
second priority shall be given to applications for construction of
a new single-family detached dwellings, provided that:
(a)
The applicant owned the lot to be built before the effective
date of this article; or
(b)
The lot to be built upon was subdivided from a larger parcel
before the effective date of this article.
(2)
This priority level shall not apply:
(a)
If the applicant has previously received a permit for a new
single-family detached dwelling in West Greenwich; or
(b)
The lot to be built upon was under common ownership with a lot
or parcel that has previously received a building permit for a new
single-family detached dwelling in West Greenwich within two years
prior to the date of application.
C. Third priority. The third priority shall be reserved for ultra-low-density
family compounds, when and if enacted.
D. Fourth priority. The fourth priority shall be given to applicants
whose application for construction of a dwelling has been denied for
four consecutive quarters because of the provisions of this article.
E. Remainder. The remainder of the quota shall be issued to any other
applications in the order of complete applications received.
Any decision by the Building Official to carry out the purpose of this article may be taken by an aggrieved party to the Zoning Board of Review. The appeal shall be taken within 20 days following an action by the Building Official to enforce the provisions of this article and shall specify the grounds for such appeal. The Building Official shall forthwith transmit to the Zoning Board of Review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also transmitted to the Planning Board. The procedure for any appeal, including a public hearing, shall be in accordance with §
400-8D of this chapter.