In accordance with Title 45, Chapter 53 of the
Rhode Island General Laws, the Low and Moderate Income Housing Act,
the Portsmouth Planning Board is designated as the local review board,
and shall have the power to issue a comprehensive permit for a qualifying
low and moderate income housing project.
Any applicant proposing to build low or moderate
income housing may submit to the Planning 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 twenty-five percent (25%)
of the housing is low or moderate income housing. The application
and review process for a comprehensive permit shall be as follows:
1.
Submission requirements. Applications
for a comprehensive permit shall be submitted to the Administrative
Officer of the Planning Board and shall include:
a)
A letter of eligibility issued by the Rhode
Island Housing Mortgage Finance Corporation, or in the case of projects
primarily funded by the U.S. Department of Housing and Urban Development
or other state or federal agencies, an award letter indicating the
subsidy, or application in such form as may be prescribed by the Town
of Portsmouth for a municipal government subsidy; and
b)
A written request to the Planning Board to submit
a single application to build or rehabilitate low or moderate income
housing in lieu of separate applications to the applicable local boards.
The written request shall identify the specific sections and provisions
of applicable local ordinances and regulations from which the applicant
is seeking relief; and
c)
A proposed timetable for the commencement of
construction and completion of the project; and
d)
A sample land lease or deed restriction with
affordability liens that will restrict use as low and moderate income
housing in conformance with the guidelines of the agency providing
the subsidy for the low and moderate income housing, but for a period
of not less than thirty (30) years; and
e)
Identification of an approved entity that will
monitor the long-term affordability of the low and moderate income
units; and
f)
A reasonably detailed financial pro-forma, or
a copy of the financial pro-forma provided to the RI Housing and Mortgage
Finance Corp., for the proposed development; and
g)
For comprehensive permit applications:
(1)
Not involving major land developments or major
subdivisions including, but not limited to, applications seeking relief
from specific provisions of the zoning ordinance, or involving administrative
subdivisions, minor land developments or minor subdivisions, or other
local ordinances and regulations: those items required by local regulations
promulgated pursuant to applicable state law, with the exception of
evidence of state or federal permits; and for comprehensive permit
applications; and
(2)
Involving major land development projects and
major subdivisions, unless otherwise agreed to by the applicant and
the Town; those items included in the master plan checklist for low
or moderate income housing as provided in the Town of Portsmouth Land
Development and Subdivision Regulations promulgated pursuant to § 45-23-40
of the Rhode Island General Laws.[1] Subsequent to master plan approval, the applicant must
submit those items included in the preliminary plan checklist for
low or moderate income housing for a major land development project
or major subdivision as provided in the Land Development and Subdivision
Regulations promulgated pursuant to § 45-23-41, with the
exception of evidence of state or federal permits.
(3)
All required state and federal permits must
be obtained prior to the final plan approval or the issuance of a
building permit. Such final plan submission shall include written
evidence that the Plans approved at the master plan or preliminary
stages have not materially changed.
h)
The Town may impose fees on comprehensive permit
applications that are consistent with but do not exceed fees that
would otherwise be assessed for a project of the same scope and type
but not proceeding as a comprehensive permit application, provided,
however, that the imposition of such fees shall not preclude a showing
by a non-profit applicant that the fees make the project financially
infeasible; and
i)
Notwithstanding the submission requirements
set forth above, the Planning Board may request additional, reasonable
documentation throughout the public hearing, including, but not limited
to, opinions of experts, credible evidence of application for necessary
federal and/or state permits and/or financial assistance, statements
and advice from other local boards and officials.
2.
Certification of completeness. The application must be certified complete or incomplete by the
Administrative Officer according to the provisions of the Land Development
and Subdivision Regulations provided, however, that for a major land
development or major subdivision, the certificate for a master plan
shall be granted within thirty (30) days and for a preliminary plan
shall be granted within forty-five (45) days. The running of the time
period set forth herein will be deemed stopped upon the issuance of
a certificate of incompleteness of the application by the Administrative
Officer and will recommence upon the resubmission of a corrected application
by the applicant. However, in no event will the Administrative Officer
be required to certify a corrected submission as complete or incomplete
less than fourteen (14) days after its resubmission. If the Administrative
Officer certifies the application as incomplete, the officer shall
set forth in writing with specificity the missing or incomplete items.
3.
Pre-application conference. Where the comprehensive permit application proposal is a major land
development project or a major subdivision pursuant to the Land Development
and Subdivision Regulations[2] the Planning Board may require an applicant proposing
a project under this section to first schedule a pre-application conference
with the Planning Board, the Technical Review Committee established
pursuant to the Land Development and Subdivision Regulations, or with
the Administrative Officer for the Planning Board and other local
officials, as appropriate. To request a pre-application conference,
the applicant shall submit a short description of the project in writing
including the number of units, type of housing, as well as a location
map. The purpose of the pre-application conference shall be to review
a concept plan of the proposed development. Upon receipt of a request
by an applicant for a pre-application conference, the Town has thirty
(30) days to schedule and hold the pre-application conference. If
thirty (30) days have elapsed from the filing of the pre-application
submission and no pre-application conference has taken place, nothing
shall be deemed to preclude an applicant from thereafter filing and
proceeding with an application for a comprehensive permit.
4.
Review of applications. An
application filed in accordance with this section shall be reviewed
by the Planning Board at a public hearing in accordance with the following
provisions:
a)
Notification. Upon issuance
of a certificate of completeness for a comprehensive permit, the Planning
Board shall immediately notify each local board, as applicable, of
the filing of the application, by sending a copy to the local boards
and to other parties entitled to notice of hearings on applications
under the zoning ordinance and/or Land Development and Subdivision
Regulations as applicable.
b)
Public notice. Public notice for all public hearings will be the same notice required under the Land Development and Subdivision Regulations for a public hearing for a preliminary plan promulgated in accordance with Article VI, Section E thereof. The cost of notice shall be paid by the applicant.
c)
Review of minor projects. The
review of a comprehensive permit application involving only minor
land developments or minor subdivisions or requesting zoning ordinance
relief or relief from other local regulations or ordinances not otherwise
addressed in this subsection, shall be conducted following the procedures
in the Land Development and Subdivision Regulations, with the exception
that all minor land developments or minor subdivisions under this
section are required to hold a public hearing on the application,
and within ninety-five (95) days of issuance of the certificate of
completeness, or within such further time as is agreed to by the applicant
and the Planning Board, render a decision.
d)
Review of major projects. In
the review of a comprehensive permit application involving a major
land development and/or major subdivision, the Planning Board shall
hold a public hearing on the master plan and shall, within one hundred
and twenty (120) days of issuance of the certification of completeness,
or within such further amount of time as may be agreed to by the Planning
Board and the applicant, render a decision. Preliminary and final
plan review shall be conducted according to the Land Development and
Subdivision Regulations except as otherwise specified in this section.
e)
Required findings. In taking
final action on an application, the Planning Board shall make positive
findings, supported by legally competent evidence on the record which
discloses the nature and character of the observations upon which
the fact finders acted, on each of the following standard provisions,
where applicable:
(1)
The proposed development is consistent with
local needs as identified in the comprehensive community plan with
particular emphasis on the Town's affordable housing plan and/or has
satisfactorily addressed the issues where there may be inconsistencies.
(2)
The proposed development is in compliance with
the standards and provisions of the Town's zoning ordinance and Land
Development and Subdivision Regulations, and/or where expressly varied
or waived local concerns that have been affected by the relief granted
do not outweigh the state and local need for low and moderate income
housing.
(3)
All low and moderate income housing units proposed
are integrated throughout the development; are similar in scale and
architectural style to the market rate units within the project; and
will be built and occupied prior to, or simultaneous with the construction
and occupancy of any market rate units.
(4)
There will be no significant negative environmental
impacts from the proposed development as shown on the final plan,
with all required conditions for approval.
(5)
There will be no significant negative impacts
on the health and safety of current or future residents of the community,
in areas including, but not limited to, safe circulation of pedestrian
and vehicular traffic, provision of emergency services, sewage disposal,
availability of potable water, adequate surface water run-off, and
the preservation of natural, historical or cultural features that
contribute to the attractiveness of the community.
(6)
All proposed land developments and all subdivisions
lots will have adequate and permanent physical access to a public
street. Lot frontage on a public street without physical access shall
not be considered compliance with this requirement.
(7)
The proposed development will not result in
the creation of individual lots with any physical constraints to development
that building on those lots according to pertinent regulations and
building standards would be impracticable, unless created only as
permanent open space or permanently reserved for a public purpose
on the approved, recorded plans.
f)
The Planning Board has the same power to issue
permits or approvals that any local board or official who would otherwise
act with respect to the application, including, but not limited to,
the power to attach to the permit or approval, conditions, and requirements
with respect to height, site plan, size, or shape, or building materials,
as are consistent with the terms of this section.
g)
In reviewing the comprehensive permit request,
the Planning Board may deny the request for any of the following reasons:
(1)
If the Town has an approved affordable housing
plan and is meeting housing needs, and the proposal is inconsistent
with the affordable housing plan;
(2)
If the proposal is not consistent with local
needs, including, but not limited to, the needs identified in its
approved comprehensive plan, and/or zoning ordinances and procedures
promulgated in conformance with the comprehensive plan;
(3)
If the proposal is not in conformance with the
comprehensive plan;
(4)
If the community has met or has plans to meet
the goal of ten percent (10%) of the year-round units in the Town
as defined in § 45-53-3(4)(i) of the Rhode Island General
Laws being low and moderate income housing; or
(5)
If concerns for the environment and the health
and safety of current residents have not been adequately addressed.
h)
All Planning Board decisions on comprehensive
permits shall be by majority vote of the membership of the board and
may be appealed by the applicant to the State Housing Appeals Board.
i)
If the public hearing is not convened or a decision
is not rendered within the time allowed in Subsections B.4.c) and
d), the application is deemed to have been allowed and the relevant
approval shall issue immediately; provided, however, that this provision
shall not apply to any application remanded for hearing, where more
than one (1) application has been remanded for hearing provided for
in § 45-53-6(f)(2) of the Rhode Island General Laws.
5.
Appeal. Any person aggrieved
by the issuance of an approval may appeal to the Supreme Court.
6.
Expiration of comprehensive permits. A comprehensive permit shall expire unless construction is started
within twelve (12) months and completed within sixty (60) months of
final plan approval unless a longer and/or phased period for development
is agreed to by the Planning Board and the applicant. Low and moderate
income housing units shall be built and occupied prior to, or simultaneous
with the construction and occupancy of market rate units.
7.
Limit on comprehensive permit applications. The Town may limit the annual total number of dwelling units in
comprehensive permit applications from for-profit developers to an
aggregate of one percent (1%) of the total number of year-round housing
units in the Town, as recognized in the affordable housing plan and
notwithstanding the timetables set forth elsewhere in this section,
the Planning Board shall have the authority to consider comprehensive
permit applications from for-profit developers, which are made pursuant
to this paragraph, sequentially in the order in which completed applications
are submitted.
8.
Annual reports required. The
Planning Board shall report the status of implementation to the Housing
Resources Commission pursuant to § 42-128-4 of the Rhode
Island General Laws, including the disposition of any applications
made under the plan, as of June 30, 2006, by September 1, 2006 and
for each June 30 thereafter by September 1 through 2010, as further
provided in Title 45, Section 45-53-4(4)(xiii) of the Rhode Island
General Laws.
9.
Remanded applications. Notwithstanding
the provisions of § 45-53-4 in effect on February 13, 2004,
to commence hearings within thirty (30) days of receiving an application
remanded by the State Housing Appeals Board pursuant to § 45-53-6(f)(2)
shall be heard as herein provided; in any town with more than one
(1) remanded application, applications may be scheduled for hearing
in the order in which they were received, and may be taken up sequentially
from the date they are remanded, with the thirty (30) day requirement
for the initiation of hearings, commencing upon the decision of the
earlier filed application.
An applicant seeking approval of a comprehensive
permit under the provisions of this article shall pay to the Town,
upon submission of an application to the Administrative Officer, a
filing fee to cover the costs of processing the application. The check
shall be payable to the Town of Portsmouth. Said fee shall equal the
cumulative fees which would be associated with approval of the project
if it did not qualify for review as a comprehensive permit.
1.
Notwithstanding the provisions of Article IV Section B "Land Space Requirements Table", duplex housing structures in which at least one (1) of the units meets the definition of "low and moderate income housing" as provided in Article II Section B shall meet the following dimensional requirements;
|
Minimum Yard Setbacks
|
Maximum Bldg. Height
| ||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Zoning District
|
Min. Lot Size
|
Min. Lot Area Per Dwelling Unit
|
Min. Lot Frontage
|
Front
|
Rear
|
Side
|
Stories
|
Feet
|
Max. % Lot Coverage
|
|
R-10
|
15,000
|
7,500
|
100'
|
20'
|
20'
|
10'
|
2-1/2
|
35'
|
20%
|
|
R-20
|
30,000
|
15,000
|
110'
|
30'
|
30'
|
15'
|
2-1/2
|
35'
|
20%
|
|
R-30
|
45,000
|
22,500
|
125'
|
30'
|
30'
|
20'
|
2-1/2
|
35'
|
20%
|
|
R-40
|
60,000
|
30,000
|
125'
|
30'
|
30'
|
20'
|
2-1/2
|
35'
|
20%
|
|
R-60
|
90,000
|
45,000
|
200'
|
50'
|
50'
|
50'
|
2-1/2
|
35'
|
10%
|
2.
The "Low or moderate income" unit shall have substantially
the same exterior appearance as the market rate unit, and shall be
of similar size as the market rate unit. The "Low or moderate income
housing" unit shall be constructed at the same rate of development
as the market rate unit, and be offered for sale or rental at substantially
similar times as the market rate units.
|
All other provisions of Article IV. shall remain in force.
| |
|---|---|
|
The Planning Board shall hear and rule upon
all applications under this section.
|
This section applies to Multifamily Housing developments located in the Multifamily Incentive District, as defined in Article III Section J, in which at least twenty-five percent (25%) of the units are "Low or moderate income housing", as defined in Article II. Such proposals shall be referred to the Planning Board, which shall have full review and approval authority, as stipulated in Article VIII Sections A and B.
1.
An apartment, condominium, cluster or town house under
this section may be permitted as a Land Development Project in the
Residential Multi-Family Incentive District provided that the Planning
Board, in accordance with this Ordinance, finds that the establishment
of the same meets the standards and requirements of this section.
2.
The purpose of these regulations is to encourage the
appropriate use of land for the development of multi-family housing
in which at least twenty-five percent (25%) of the units are "Low
or moderate income housing", as defined in Article II., taking into
consideration the natural amenities of the site. No multi-family structure
or structures or apartment houses or group of apartment houses shall
be erected unless in accordance with the standards set forth in this
section.
3.
In granting any such Land Development Project or in permitting any modification of the regulations set forth herein, the Planning Board may prescribe such conditions and safeguards, as further described in Article X. Special Conditions, as it may deem necessary to prevent nuisance to and promote harmony with nearby property.
4.
The disregarding of any such condition or safeguard,
when made a part of the terms under which a Land Development Project
is granted, shall be deemed a violation of this Ordinance.
5.
A Performance Bond or cash surety in the name of the
Town of Portsmouth and in the amount of five percent (5%) of the estimated
cost of development shall be submitted to the Zoning Enforcement Officer
prior to the start of construction. Such Performance Bond or cash
surety must be maintained in effect until a Certificate of Occupancy
is issued.
6.
No proposed development shall be approved by the Planning
Board unless it is served by an adequate sewerage treatment system,
as certified by RIDEM, or public sewer, when the same becomes available,
and that the sewer line(s) to which it shall be connected, have adequate
capacity to carry the additional effluent created by the development.
Should the line(s) be determined to be inadequate, only such portion
of the development as can be accepted by the sewer line(s) shall be
approved for development, provided it meets all other requirements
of this Zoning Ordinance.
a)
In the event a private sewage treatment plant
is to be constructed, it shall be approved by the State of Rhode Island
Department of Environmental Management and it shall meet the standards
of any federal or state legislation regarding water pollution control
before a building permit may be issued.
7.
In granting a Land Development Project for a development under this section the Planning Board shall, immediately upon receipt of an application hereunder, refer the site plan and related documents to the Department of Public Works Director, the Chief of the Fire Department, and the Town Planner for review and advice, per the stipulations of Article XI. Development Plan Review. Plans for apartment, Condominium and Town House developments within or adjacent to commercial zones shall also be referred to the Design Review Board review and advice, per the stipulations of Article XI. Development Plan Review. Such persons and boards must render their advice and comments to the Planning Board prior to the public hearing on said application.
8.
The Town shall require that the developer provide
affidavits or statements prior to final approval signed by the Department
of Environmental Management and the Coastal Resources Management Council
that the proposed site does not violate any portion of the Wetlands
Act or CRMC regulations, plus permits from RIDOT for curb cuts and
connections to State road drainage systems, if applicable, before
issuance of a building permit.
9.
Application shall include all required submissions
in the checklist entitled "Checklist For Application- Low or Moderate
Income Housing". The site plan shall conform to the development standards
set forth in paragraph 10 below.
10.
Development standards. All developments proposed
under this Section shall conform to the following standards:
a)
Minimum frontage: one hundred ten feet (110').
b)
Minimum front yard: thirty feet (30').
d)
Minimum rear yard: twenty-five percent (25%)
or thirty feet (30') whichever is less.
e)
Maximum lot coverage by buildings: twenty-five
percent (25%)**.
** Does include accessory structures such as
swimming pools, cabanas, recreational buildings, etc. used exclusively
for the residents of the development.
f)
Maximum building and parking area coverage:
forty percent (40%).
g)
The following are the minimum required buildable land area per unit in square feet. In determining buildable land area, not more than ten percent (10%) of the area that is subject to periodic or seasonal flooding, per the most recent FEMA maps, shall be counted. (Example: total land area twenty (20) acres of which five (5) acres is subject to flooding net buildable land for determining density is fifteen point five (15.5) acres.) The provisions of this subparagraph shall supersede the provisions of Article IV, Section B. Land Space Requirements Table.
(1)
If served by an on site sewer system with effluent
being discharged into an on site absorption field, the minimum buildable
land area per unit in square feet is as follows:
|
ZONE
|
1 BEDROOM
|
2 BEDROOM
|
3 BEDROOM
|
EACH ADDITIONAL BEDROOM
|
|---|---|---|---|---|
|
R-10
|
2,500
|
4,000
|
5,000
|
1,500
|
|
R-20 & WD
|
5,000
|
8,000
|
10,000
|
3,000
|
|
R-30
|
7,500
|
12,000
|
15,000
|
4,500
|
|
R-40
|
10,000
|
16,000
|
20,000
|
6,000
|
(2)
If served by sewer system plant or public sewer
system with effluent being discharged into an offsite absorption field
the minimum buildable land area per unit in square feet is as follows:
|
ZONE
|
1 BEDROOM
|
2 BEDROOM
|
3 BEDROOM
|
EACH ADDITIONAL BEDROOM
|
|---|---|---|---|---|
|
R-10
|
1,875
|
2,800
|
3,750
|
1,000
|
|
R-20 & WD
|
3,750
|
5,500
|
7,500
|
2,000
|
|
R-30
|
5,625
|
8,500
|
11,250
|
3,000
|
|
R-40
|
7,500
|
11,250
|
15,000
|
4,000
|
|
NOTE: Any room such as a den, playroom, etc.
is to be considered as a bedroom for this purpose.
|
h)
On site sewerage systems approval by the Rhode
Island Department of Environmental Management is not required hereunder
(but is, however, required prior to issuance of a building permit).
i)
Sewage system.
(1)
Public sanitary sewers shall be designed so
as to ensure a self-cleaning velocity of not less than two and one
half feet (2.5') per second nor more than ten feet (10') per second.
Computation of sewage and sewage flow calculation shall be submitted.
j)
Maximum Building Height: two and one-half (2 1/2)
Stories, not to exceed thirty-five feet (35').
k)
Drainage.
(1)
The developer shall provide for adequate drainage
and shall further provide that the rate of runoff from the property
shall not increase during construction or after completion of the
development to the detriment of surrounding properties. If the retention
of water is deemed necessary, then the retention areas shall be provided
prior to construction of any buildings or the surfacing of any areas.
The engineer shall submit on separate sheets all computations in determining
rates of runoff and shall base all calculations on a ten (10) year
storm frequency using the TR-55 method for determining total storm
water runoff. These computations shall be prepared by an engineer
registered in the State of Rhode Island and he shall affix his seal
to the required documents.
l)
Water.
(1)
Computation of water usage and a statement of
water availability shall be submitted. Written evidence of permission
to connect to a public water supply shall be delivered to the Building
Inspector prior to issuance of a building permit.
n)
Open space.
(1)
Open space shall be provided in appropriate
places and every effort shall be made to preserve wooded areas or
other site amenities.
o)
Building design and location.
(1)
Where more than one (1) building is erected
on a lot it shall be separated from any other building by a minimum
of one hundred feet (100') and all buildings shall be set back a minimum
of fifty-five feet (55') from the centerline of any interior way and
thirty feet (30') from any parking area.
(2)
Town House or attached dwelling: No row of attached
buildings shall contain less than three (3) nor more than eight (8)
units and the minimum width between party walls shall be not less
than eighteen feet (18').
(3)
No apartment building shall be less than sixty
feet (60') in length. No facade or any apartment building shall exceed
one hundred sixty linear feet (160') without a building jog of at
least forty-five degrees (45°) for a two (2) wing building or
thirty degrees (30°) for a three (3) wing building.
(4)
No one (1) building shall contain more than
twenty-four (24) units.
p)
All interior roadways and parking areas shall
be constructed in accordance with the "Construction Standard for Streets"
of the "Rules and Regulations Regarding the Platting or other Subdivision
of Land" of the Town of Portsmouth.[1]
q)
Access and egress.
(1)
For each lot there shall be not more than one
(1) entrance and exit driveway for each five hundred feet (500') of
the existing street on which the lot faces. Said entrance and exit
shall meet the requirements of the State of Rhode Island Department
of Roads and Bridges and the Portsmouth Police and Highway Departments.
r)
Acceptable engineering standards shall prevail
where no standards are specified.
s)
Fire lanes shall be provided for and approved
by the Fire Department.
t)
All low and moderate income housing units proposed
must be integrated throughout the development; be compatible in scale
and architectural style to the market rate units within the project;
and be built and occupied prior to, or simultaneous with the construction
and occupancy of any market rate units.
12.
Where these regulations may conflict with other
regulations, the more stringent regulation shall prevail.
