[Added 9-2-2003 by Ord. No. 2003-13;
amended 10-6-2005 by Ord. No. 2005-8; 12-4-2023 by Ord. No. 2023-12]
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 25% of the housing is low- or moderate-income
housing.
In order to offset the differential cost of the low- or moderate-income
housing units in the section, the following municipal subsides are
provided:
A.
Adjustments, meaning a request, or requests by the application to
seek relief from the literal use and dimensional requirements of the
zoning ordinance and/or the design standards or requirements of the
land development and subdivision regulations. The standard for the
Planning Board's consideration of adjustments is set forth in
R.I.G.L. § 45-53-4(d)(2)(iii)(E)(II).
B.
Density bonus. The Town shall provide the following density bonuses
for projects submitted under this section provided that the total
land utilized under in the density calculation shall exclude wetlands,
wetland buffers, area devoted to infrastructure necessary for development,
and easements or rights-of-way of record.
(1)
For projects connected to public water and sewer, or eligible
to be connected to public water and sewer, demonstrated through written
confirmation from each respective service provider the following density
bonuses are provided:
(a)
For projects providing at least 25% low- and moderate-income
housing, the density bonus shall be five units per acre.
(b)
For projects providing at least 50% low- and moderate-income
housing, the density bonus shall be nine units per acre.
(c)
For projects providing at least 100% low- and moderate-income
housing, the density bonus shall be 12 units per acre.
(2)
For properties not connected to either public water or sewer,
or both, but which provide competent evidence as to the availability
of water to service the development and/or a permit for on-site wastewater
treatment system to service the dwelling units from the applicable
state agency the following density bonuses are provided:
(a)
For projects providing at least 25% low- and moderate-income
housing, the density bonus shall be three units per acre.
(b)
For projects providing at least 50% low- and moderate-income
housing, the density bonus shall be five units per acre.
(c)
For projects providing at least 100% low- and moderate-income
housing, the density bonus shall be eight units per acre.
C.
Parking. For comprehensive permit applications, one off-street parking
space per dwelling unit is required for units up to and including
two bedrooms.
D.
Bedrooms. The bedroom count of units for a comprehensive permit are
not limited to any count less than three bedrooms for single-family
dwelling units.
E.
Floor area. There are no floor area limitations for comprehensive
permit applications other than those provided by § 45-24.3-11.
The application and review process for a comprehensive permit
shall be as follows:
A.
Pre-application conference. A pre-application conference may be required
by the Administrative Officer or Planning Board or requested by the
applicant. The pre-application conference may be with the Planning
Board, Technical Review Committee, or Administrative Officer as determined
appropriate by the Administrative Officer. The purpose of the pre-application
conference shall be to review a concept plan of the proposed development
and to elicit feedback from the permitting authority.
(1)
In advance of the pre-application conference, the applicant
shall submit a short written description of the project including
the number of units, type of housing, density analysis, preliminary
list of adjustments requested, a location map, and a conceptual site
plan.
(2)
Upon request of the applicant for a pre-application conference,
such conference will be scheduled and held within 30 days of the request,
unless a different time frame is agreed to by the applicant, in writing.
(3)
If 30 days has elapsed from the filing of the pre-application
submission, and no pre-application submission has taken place, nothing
shall be deemed to preclude the applicant from thereafter filing and
proceeding with an application for preliminary plan review.
B.
Preliminary plan.
(1)
Submission requirements. Applications for preliminary plan under
this section 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 for a municipal government subsidy;
(b)
A letter signed by the authorized representative of the applicant,
setting forth the specific sections and provisions of applicable local
ordinances and regulations from which the applicant is seeking adjustments;
(c)
A proposed timetable for the commencement of construction and
completion of the project; and
(d)
Those items included in the checklist for preliminary plan review in the Land Development and Subdivision Regulations, § 200-1 et seq., with the exception of evidence of state or federal permits.
(e)
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 advice from other local boards and officials.
(2)
Certification of completeness. The preliminary plan must be
certified complete or incomplete by the Administrative Officer; provided,
however, that the certificate shall be granted within 25 days of submission
of an application. The running of the time period set forth herein
will be deemed stopped upon the issuance of a written certificate
of incompleteness of the application by the Administrative Officer
and will recommence upon the resubmission of a correct 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 10 days after its resubmission. If the Administrative Officer
certifies the application as incomplete, the Administrative Officer
shall set forth in writing with specificity the missing or incomplete
items.
(3)
Public hearing. A public hearing shall be noticed and held as
soon as practicable after the issuance of a certificate of completeness.
(4)
Notice. Public notice for the public hearing will be the same notice required under the Land Development and Subdivision Regulations, § 200-1 et seq., for a public hearing for a preliminary plan. The cost of notice shall be paid by the applicant.
(5)
Time frame for review. The Planning Board shall render a decision
on the preliminary plan application within 90 days of the date the
application is certified complete, or within a further amount of time
that may be consented to by the applicant through the submission of
written consent.
(6)
Majority vote required. The Planning Board's decision on
the preliminary plan application shall be by a majority vote of the
members present at the proceeding.
(7)
Powers and conditions of approval. 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 terms of this section. Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the Planning Board, that proposed conditions of approval are infeasible, as defined in § 185-5.2. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.
(8)
Failure to act. Failure of the Planning Board to act within
the prescribed period constitutes approval of the preliminary plan
and a certificate of the Administrative Officer as to the failure
of the Planning Board to act within the required time and the resulting
approval shall be issued on request of the applicant. Further, if
the public hearing is not convened or a decision is not rendered within
the time allowed, the application is deemed to have allowed and the
preliminary plan approval shall be issued immediately.
(9)
Vesting. The approved preliminary plan is vested for a period
of two years with the right to extend for two, one-year extension
upon written request by the applicant, who must appear before the
Planning Board for each annual review and provide proof of valid state
or federal permits as applicable. Thereafter, vesting may be extended
for a longer period, for good cause shown, if requested, in writing,
by the applicant, and approved by the Planning Board. The vesting
for the preliminary plan approval includes all ordinances and provisions
and regulations at the time of the approval, general and specific
conditions shown on the approved preliminary plan drawings and support
material.
(10)
Recording of written decisions. The written decision of preliminary
plan application shall be recorded in the land evidence records within
20 days after the Planning Board's vote. A copy of the recorded
decisions shall be mailed within one business day of recording, by
any method that provides confirmation of receipt, to the applicant
and to any objector who has filed a written request for notice with
the Administrative Officer.
C.
Final plan. The second and final stage of review for the comprehensive
permit project shall be done administratively, unless an applicant
has requested and been granted any waivers from the submission of
checklist items for preliminary plan review, and then, at the Planning
Board's discretion, it may vote to require the applicant to return
for final plan review and approval.
(1)
The following items shall be submitted as part of the final
plan submission:
(a)
All required state and federal permits must be obtained prior
to the final plan approval;
(b)
A draft monitoring agreement which identifies an approved entity
that will monitor the long-term affordability of the low- and moderate-income
units pursuant to R.I.G.L. § 45-53-3.2;
(c)
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 30 years; Those items included in the checklist for final plan review in the Land Development and Subdivision Regulations § 200-1 et seq., including, but not limited to, arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees; certification by the tax collector that all property taxes are current; and for phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.
(2)
Certificate of completeness. The final plan application must
be certified complete or incomplete by the Administrative Officer
according to the provisions of § 45-23-36; provided, however,
that, the certificate shall be granted within 25 days of submission
of the application. The running of the time period set forth herein
will be deemed stopped upon the issuance of a written 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 10 days after its resubmission. If the Administrative Officer
certifies the application as incomplete, the Administrative Officer
shall set forth, in writing, with specificity the missing or incomplete
items.
(3)
The Administrative Officer may refer a final plan application
to the Planning Board if the Administrative Officer finds and notifies
the applicant within 14 days that the final plan application contains
major changes from the plans approved on the preliminary plan application.
(4)
Time frame for review. The permitting authority shall render
a decision on the final plan application within 45 days of the date
the application is certified complete.
(5)
Decision on final plan. An application filed in accordance with
this article shall be approved by the Administrative Officer unless
such application does not satisfy conditions set forth in the preliminary
plan approval decision or such application does not have the requisite
state and/or federal approval or other required submissions, does
not post the required improvement bonds, or such application is a
major modification (i.e., change) of the plans approved at preliminary
plan.
(6)
Majority vote required. Any Planning Board decision on the final
plan application shall be by a majority vote of the members present
at the proceeding.
(7)
Powers and conditions of approval. The permitting authority 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 terms of this section. The burden is on the applicant to show, by competent evidence before the permitting authority, that proposed conditions of approval are infeasible, as defined in § 185-5.2. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.
(8)
Failure to act. Failure of the permitting authority to act within
the prescribed period constitutes approval of the final plan and a
certificate of the Administrative Officer as to the failure to act
within the required time and the resulting approval shall be issued
on request of the applicant.
(9)
Vesting. The approved final plan is vested for a period of two
years with the right to extend for one one-year extension upon written
request by the applicant, who must appear before the Planning Board
for the extension request. Thereafter, vesting may be extended for
a longer period, for good cause shown, if requested, in writing, by
the applicant, and approved by the Planning Board.
(10)
Recording of written decisions. The written decision of the
preliminary plan application shall be recorded in the land evidence
records within 20 days after the Planning Board's vote. A copy
of the recorded decisions shall be mailed within one business day
of recording, by any method that provides confirmation of receipt,
to the applicant and to any objector who has filed a written request
for notice with the Administrative Officer.
A.
Minor changes, as defined in the Land Development and Subdivision Regulations, § 200-1 et seq., to the plans approved at preliminary plan may be approved administratively, by the Administrative Officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the Administrative Officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the Administrative Officer from requesting a recommendation from either the technical review committee or the Planning Board. Denial of the proposed change(s) shall be referred to the Planning Board for review as a major change.
A.
Required findings for approval. In approving a preliminary plan application
for a comprehensive permit, 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 plan with particular emphasis on the 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 zoning ordinance and subdivision regulations,
and/or where adjustments are requested by the applicant, that 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 compatible 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 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, sewerage disposal,
availability of potable water, adequate surface water runoff, and
the preservation of natural, historical, or cultural features that
contribute to the attractiveness of the community.
(5)
All proposed land development and all subdivision lots will
have adequate and permanent physical access to a public street in
accordance with the requirements of state law.
(6)
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.
B.
Required findings for denial. In reviewing the comprehensive permit
request, the Planning Board may deny the request for any of the following
reasons:
(1)
The Town has an approved affordable housing plan and is meeting
local housing needs, and the proposal is inconsistent with the affordable
housing plan; provided that, the Planning Board also finds that the
municipality has made significant progress in implementing the housing
plan;
(2)
The proposal is not consistent with local needs, including,
but not limited to, the needs identified in an approved comprehensive
plan, and/or local zoning ordinance and procedures promulgated in
conformance with the comprehensive plan;
(3)
The proposal is not in conformance with the comprehensive plan;
(4)
The community has met or has plans to meet the goal of 10% of
the year-round units being low- and moderate-income housing provided
that, the Planning Board also finds that the community has achieved
or has made significant progress towards meeting the goals of the
affordable housing plan; or
(5)
Concerns for the environment and the health and safety of current
residents have not been adequately addressed.
A decision of the permitting authority under this article may be appealed by the applicant or an aggrieved party, as defined in § 185-5, to the superior court for the county in which the property is situated. The appeal shall be taken within 20 days after the date of the recording and posting of the decision by the permitting authority by filing with the superior court, a complaint which contains a statement of the prior proceedings and the reasons upon which the appeal is based. The complaint shall name the local review board as the appellee and serve the local review board within 20 days of filing of the appeal. If an aggrieved party who is not the applicant files an appeal, the original applicant shall be named as a party and shall also be served within 20 days of filing of the appeal. The appeal shall proceed under the terms of RIGL § 45-53-5.1.
