The Town Council finds that the housing component of the Town of North Smithfield Comprehensive Community Plan Five-Year Update states that the Town, as of 2007, has 6.85% affordable housing, leaving the Town with a deficit of 128 affordable housing units. The Town Council further finds that the housing and affordable housing component of the Comprehensive Community Plan Five-Year Update for the Town of North Smithfield states that the there are no local programs to assist moderate-income households. The Town Council further finds that the housing and affordable housing component of the Comprehensive Community Plan Five-Year Update for the Town of North Smithfield establishes as one of its goals that the Town should provide a variety of housing that maintains the diversity of housing opportunities for moderate-income households without ignoring the need for low-income housing. The Town Council further finds that it is in the interest of the residents of the Town of North Smithfield to adopt a municipal government subsidy program for all major and minor subdivisions and major residential development.
[HISTORY: Adopted by the Town Council of the Town of North Smithfield 3-3-2008 (Ch. 10, Art. III, of the 1994 Code). Amendments noted where applicable.]
The following words, whenever used in this article, 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 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 (AMI), 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 Section 8 of the United States Housing Act of 1937, as amended,[1] 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.
Any housing subsidized by the federal, state, or municipal government under any program to assist the construction or rehabilitation housing as low- or moderate-income housing, as defined in the applicable federal or state statute or local ordinance, whether built or operated by any public agency or any nonprofit organization, or by any limited-equity housing cooperative or any private developer, that will remain affordable for 99 years or such other period that is either agreed to by the applicant and Town, but shall not be for a period of any less than 30 years from initial occupancy, through a land lease and/or deed restriction or prescribed by the federal or state or municipal subsidy program.
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 article; 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.
[1]
Editor's Note: See 42 U.S.C. § 1437f.
The provisions of this article shall apply to all major subdivisions and major residential land developments according to R.I.G.L. § 42-53-1 et seq., titled "Low- and Moderate-Income Housing," in the Town of North Smithfield.
[Amended 8-4-2021; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The developer shall designate a minimum of 20% of the total number of units in the land development project as affordable housing, with the exception of the Slatersville Mill and High Rocks Condominium projects. This 20% can be a combination of low- and moderate-income housing. A minimum of 10% of the total number 10 to 14 of units in the Slatersville Mill must be affordable (80% AMI or lower). A minimum of three of the total number of 133 existing units in High Rocks Condominium shall be affordable: 120% of AMI or lower in the case of dwelling units for sale, and 80% of AMI or lower in the case of dwelling units for rent. Any future development of the High Rocks Condominium shall comply with this section and designate a minimum of 20% of the total numbers of units as low- and moderate-income housing. This article applies to all subdivision activity and substantial rehabilitations and adaptive reuse that result in six or more units.
The municipal government subsidy shall be a density bonus, where granted in accordance with the provisions of Chapter 340, Zoning, and/or internal subsidies and/or waiver of the building permit fee. The density bonus is not to exceed 25% of the total project units.
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 North Smithfield, and should the monitoring agent forego this right it would be offered to Rhode Island Housing a secondary right of refusal.
The Planning Board of the Town of North Smithfield 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, they 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 North Smithfield Municipal Subsidy Program must be physically consistent with the overall character of housing already established in the community. Every effort will be made to integrate affordable units into the surrounding community.
This article shall apply to both rental and ownership units, with rental units not to exceed 80% AMI.
Within a project low- and moderate-income units must be built simultaneously or prior to construction of the market rate units.
For the purpose of creating ownership units, a tiering of incomes is to be applied. Fifty percent of the affordable units in a project must be at 80% AMI or lower, and 50% can be negotiated with the Planning Board up to 120% AMI.
The affordable units created under this article must be the owner/renters primary residence.
The Town of North Smithfield will assess low- and moderate-income units based on the deed restricted price, not the comparable value of a nondeed restricted property, for the life of the affordable deed restriction unless some other arrangement has been met with the Town of North Smithfield.
The municipal government subsidy program adopted by this article 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.
If any provision of this article or of any rule, regulation or determination made hereunder or the application thereof to any person, agency or circumstance is held invalid by a court of competent jurisdiction, the remainder of the ordinance, rule, regulation, or determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this article shall not affect the validity of the remainder of this article.