[Added 2-12-2025; amended 8-13-2025]
The intent of this article is to set forth standards for inclusionary zoning, as defined by and consistent with R.I.G.L. § 45-24-46.1. The purposes of this article are as follows:
A. 
To promote affordable housing production in the town in accordance with the goals and policies of the West Greenwich Comprehensive Community Plan;
B. 
To encourage the development and availability of housing that qualifies as low- and moderate-income housing as mandated by the Rhode Island Low and Moderate Income Act, and the Rhode Island Comprehensive Housing Production and Rehabilitation Act of 2004,[1] as amended;
[1]
Editor's Note: See R.I.G.L. §§ 45-53-1 et seq. and 42-128-8.1, respectively.
C. 
To promote mixed income household occupancy in new subdivisions and land development projects throughout the town;
D. 
To encourage and perpetuate the historic diversity of the community through the development of housing and housing for all populations within the town, including, but not limited to, housing for the resident workforce and housing for special needs populations;
E. 
To allow landowners and/or developers a reasonable return on their investment through the provisions of density bonuses to write down land and infrastructure development costs as part of a municipal subsidy program for the construction and/or rehabilitation of affordable housing units.
This section shall be applicable in all zones permitting residential development where the applicant proposes a development of five or more additional housing units or buildable vacant house lots. This section shall not apply to conservation design developments proposed under Article XX.
For all applicable projects, at least 15% of the units proposed for the project must qualify as affordable housing, as defined by R.I.G.L. § 42-128-8.1(d)(1). The total number of units for the development may include less than 15% affordable units after the density bonus described in § 400-220 is determined. Where the required number of affordable units results in a fraction, the applicant shall round up to the nearest whole number.
Inclusionary units shall have a certificate of occupancy prior to, or simultaneous with, the occupancy of market-rate units. Inclusionary units shall be compatible in architectural style to the market-rate units in the development. The permitting authority may allow inclusionary units to be constructed as accessory dwelling units.
A. 
The permitting authority, at its sole discretion, may allow an applicant of an inclusionary zoning project to comply with the inclusionary zoning requirement by constructing inclusionary units on a site other than that on which the project is located. The following may be required by the permitting authority for such off-site construction.
(1) 
Off-site rehabilitation of affordable units in existing buildings.
(2) 
Off-site construction of affordable units.
B. 
Provisions of off-site inclusionary units shall be subject to the following conditions:
(1) 
Off-site inclusionary units shall have a certificate of occupancy prior to, or simultaneous with, the occupancy of market-rate units.
(2) 
New off-site units shall be compatible in architectural style to the existing units in the surrounding neighborhood in which they are being constructed.
(3) 
Renovated off-site units shall be in full compliance with all applicable construction and occupancy codes and shall be sufficiently maintained or rehabilitated so that all major systems meet standards comparable to new construction.
The number of housing units allowable on the site or sites involved shall be increased to one market rate unit for each affordable unit required and the minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by that amount necessary to accommodate the development. The total number of units for the development shall equal the number originally proposed, including the required affordable units, plus the additional units that constitute the density bonus. Reasonable relief from dimensional requirements to accommodate the bonus density shall be available in the form of a dimensional variance. An application that utilizes off-site construction or rehabilitation, or donation of land suitable for development of the required affordable units, shall not be eligible for the density bonus. Payment of fees in lieu of development shall be prohibited.