[HISTORY: Adopted by the Town Council of
the Town of Coventry 5-23-2005 by Ord. No. 6-05-0246. Amendments noted
where applicable.]
It is the purpose of this chapter to provide
affordable, accessible, safe and sanitary housing opportunities for
low- and moderate-income housing for individuals consistent with the
strategies set forth in the Town's Affordable Housing Plan.
Pursuant to the provisions of R.I.G.L. § 45-53-1
et seq., the Low and Moderate Income Housing Act, so called, the Planning
Commission shall have the authority to issue comprehensive permits
for residential low- and/or moderate-income housing projects.
As used in this chapter, the following terms
shall have the meanings indicated:
The Affordable Housing Plan approved by the State Director
of Administration meeting the guidelines for a Comprehensive Plan
as promulgated by the State Planning Council; provided, however, that
the state review and approval of said plans shall not be contingent
upon the Town having completed, adopted or amended its Comprehensive
Plan as provided in R.I.G.L. § 45-22.2-8, 9 and 12.
A single application, as hereinafter more fully explained,
submitted to the Planning Department consisting of all necessary completed
forms, accompanying documents and required fees, including all requests
for relief from provisions of local ordinances and regulations.
A single application to construct or rehabilitate low- and
moderate-income housing in lieu of separate applications to applicable
Town boards.
The Town's Zoning or Land Use Ordinances, requirements
and regulations are consistent with local needs if they are reasonable
in view of the recognized need for low- and moderate-income housing
in relation with the number of low-income persons in the Town; the
need to protect the residents of the proposed housing as well as the
community; promote better site and building design in relation to
the property surrounding the proposed development; preserve open space;
and are applied as equally as possible to subsidized and unsubsidized
housing.
The Town's Zoning and/or Land Use Ordinances,
requirements and regulations are reasonable so long as it has year-round
low- or moderate-income housing stock in excess of 10% or it has adopted
an approved Affordable Housing Plan which has a reasonable expectation
of achieving the mandates of the Low and Moderate Income Housing Act,
so called.
The verbal or written refusal of the Town Planner, Assistant
Town Planner or Planning Commission to grant an application for a
comprehensive permit.
A letter issued by the Rhode Island Housing and Mortgage
Finance Corporation or other entity as set forth in R.I.G.L. § 45-53-4(a)(1)(i).
Any Town official, zoning board of review, planning commission,
board of appeal or zoning enforcement officer, local conservation
commission, historic district commission, or other municipal board
having supervision of the construction of buildings or the power of
enforcing land use regulations, such as subdivision, or zoning laws.
Any housing subsidized by the federal, state or municipal
government under any program to assist the construction or rehabilitation
of 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 less
than 30 years from initial occupancy through a land lease and/or deed
restriction or prescribed by the federal or state subsidy program.
Assistance that is made available through a program sufficient
to make housing affordable, as "affordable housing" is defined in
R.I.G.L. § 42-128-8.1(d)(1); 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 or forms of assistance.
An applicant proposing to build low- or moderate-income
housing may submit to the Planning Commission a single application
for a comprehensive permit to build said housing in lieu of separate
applications to the applicable boards. This procedure is only available
for a proposal in which at least 25% of the housing is low- or moderate-income
housing.
A.
When an applicant for a comprehensive permit proposes
a major land development, land development project or major subdivision,
the applicant shall request a preapplication conference with the Planning
Commission and/or the Director of Planning and Zoning or his designee.
The purpose of the preapplication conference is for the review of
a conceptual plan of the proposed development.
B.
To request a preapplication conference, the applicant
shall submit in writing a description of the project to include the
number of units, the type of housing and a location or site map.
C.
Upon receipt of a request for a preapplication conference,
the Town shall have 30 days to schedule and conduct such a conference.
D.
If 30 days have elapsed from the filing of the preapplication
submission and no preapplication conference has taken place, nothing
shall be deemed to preclude an applicant from thereafter filing and
proceeding with an application for a comprehensive permit. Nothing
contained herein shall preclude the applicant and the Town from mutually
agreeing upon extending the terms for meeting and/or completion of
the preapplication conference.
E.
An applicant for a comprehensive permit that does
not propose a major land development, land development project or
major subdivision may also request a preapplication conference.
Applications for comprehensive permits shall
include, as a minimum, 15 copies of the following documentation:
A.
A completed application form as provided by the Planning
Department.
B.
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 and federal agencies, an award letter indicating the
subsidy, and a timetable for expected availability of subsidy funding.
C.
A proposed timetable for commencement of construction
and completion of the project, including the percentage of low- and
moderate-income housing which will be constructed during each phase.
D.
A sample land lease or deed restrictions setting forth
affordability liens which will restrict use of the low- and moderate-income
units as such for a period of not less than 30 years.
E.
Identification of an approved entity that will monitor
the long-term affordability of the low- and moderate-income units.
F.
A financial pro-forma for the proposed development,
including but not limited to evidence of the acquisition price, expenses
and other economic factors that comprise the total cost for the construction
and administration of the project and the resulting rental or sales
prices to be exacted for all units constructed or rehabilitated.
G.
An application fee as set forth in Chapter 122, Fees, shall be submitted at the time of filing of the application for a comprehensive permit by the applicant to the Planning Department. Additional fees for legal advertising and third-party engineering may also be assessed pursuant to Section 3.3(d) and (e) of the Town's Land Development and Subdivision Regulations.[1]
H.
A written statement describing how the proposed project
is consistent with local needs, including but not limited to needs
identified in the Town's Comprehensive Plan, and with any local Zoning
and Land Use Ordinance requirements and regulations which promote
the health and safety of the community, promote better site design
and promote the state's need for low- and moderate-income housing.
I.
A written statement identifying particular sections/provisions
of the Zoning Ordinance, Subdivision and Land Development Regulations
or other regulations from which relief is sought, listing all exceptions,
variances and waivers. If relief of a density requirement is sought,
a statement of permitted density allowed under current zoning and
proposed density of project shall be provided. If dimensional relief
is sought, a statement of requested relief in feet from property lines
or height shall be provided. If there is a change of use or zone change,
an explanation shall be provided.
J.
Written evidence of site control and ownership.
K.
Written evidence of incorporation and/or nonprofit
status of the applicant of the project as well as written approval
or authority for the project.
L.
Site development plans are required for a Master Plan
submission for a major land development or major subdivision plan
under provisions of the Coventry Land Development and Subdivision
Regulations, showing the following information at a scale of not less
than one inch equals 40 feet, signed and certified by the project
engineer and/or surveyor:
(1)
Name of proposed project.
(2)
Name and address of property owner and applicant.
(3)
Name, address and telephone number of engineer and/or
surveyor.
(4)
Date of plan preparation with revision date(s).
(5)
Graphic scale and true North arrow.
(6)
Plat and lot number(s) of the land being developed.
(7)
Zoning district(s) of the land being developed. If
more than one district, zoning boundary lines must be shown.
(8)
Location and dimensions of existing and proposed lot
boundary lines and total area of parcel(s) to be developed.
(9)
Location, width and names of existing and proposed
streets, easements and rights-of-way within and immediately adjacent
to the parcel(s).
(10)
Names of abutting property owners and property owners
immediately across any adjacent streets or right-of-way.
(11)
Location of open space and wooded areas, and notation
of existing ground cover.
(12)
Delineation of FEMA-designated flood hazard zones,
coastal features, and freshwater wetlands and watercourses present
on or within 200 feet of the property.
(13)
Existing topography with minimum contour intervals
of two feet.
(14)
Provisions for collecting and discharging stormwater.
(15)
Dimensions and construction details for streets, driveways,
parking areas and walkways; traffic control signage; proposed landscaping
improvements and open areas within the site.
(16)
Locations and outlines of all proposed buildings,
indicating structures intended for low- or moderate-income households,
versus those intended for market-rate occupancy.
(17)
Utilities plan showing proposed locations and types
of water supply (including hydrants), sewage disposal and exterior
lighting.
M.
Scaled architectural drawings including floor plans
of typical units, typical elevations and sections, identifying construction
type and exterior finish materials, signed and certified in accordance
with the Rhode Island State Building Code.
N.
Erosion and sediment control plan at the same scale
as the site development plan or subdivision plan.
O.
Narrative report containing the following elements:
(1)
Description of current zoning and land use.
(2)
Existing site conditions and nature of existing buildings.
(3)
Character of open areas including wetlands and floodplains
within the project area, with at least a radius of 200 feet from the
borders of the project lot area.
(4)
USDA soils map of the site, including soil classifications
and acreage in each soil classification.
(5)
Tabulation of proposed buildings by type and size
(numbers of buildings, residential units, bedrooms, floor area), and
percentage of impervious surface covered by buildings, parking and
other paved areas.
(6)
Estimate of the approximate population of the proposed
development, including the number of school-aged children to be housed
in the development.
(7)
Description of proposed sewage disposal and water
service.
(8)
Traffic impact assessment, including methodology.
(9)
List of all non-local approvals and permits that are
required from RIDEM, RIDOT, CRMC and other approvals as deemed appropriate
by the Planning Department.
(10)
Proposed timetable for commencement of construction
and completion of the project, including timing of construction of
low- and moderate-income housing units.
P.
Local fire district's written assessment of water
flow requirements.
Q.
Proposed condominium association bylaws, if applicable.
R.
Evidence of RIDEM approval for individual sewage disposal
systems (ISDS) for any development other than single-family. For detached
single-family developments, submission of a preliminary ISDS suitability
report for all proposed building lots.
S.
Applicable approvals from the Rhode Island Historical
Preservation and Heritage Commission, including any archeological
investigations.
T.
Any Phase I or Phase II environmental surveys, if
applicable.
A.
The Director of Planning and Zoning or his/her designee
shall certify in writing an application for a comprehensive permit
as complete or incomplete in accordance with the provisions of R.I.G.L.
§ 45-23-36 from the date it is received in the Planning
Department; provided, however, that for a major land development or
major subdivision, the certificate of completeness for a master plan
must be granted within 30 days and for a preliminary plan must be
granted within 45 days.
B.
The running of the time periods set forth herein shall
stop upon the issuance of a certificate of incompleteness of the application
by the Director of Planning or his/her designee.
Upon issuance of a certificate of completeness
of an application for a comprehensive permit, the Planning Department
shall immediately notify the Planning Commission, Zoning Board of
Review, Town Council and Building Official of the pendency of the
application and shall forward a copy of the same to each entity.
A.
A public hearing of a comprehensive permit application
involving only a minor land development or minor subdivision or requesting
relief from the Zoning Ordinance or regulations not otherwise set
forth herein shall be conducted by the Planning Commission as soon
as practicable.
B.
The Planning Commission may seek advisory opinions
from the Zoning Board of Review, Building Official, Conservation Commission,
Town Council and such other board or other agency as it deems appropriate.
C.
The Planning Commission shall render a decision on
the application for a comprehensive permit application within 95 days
of the issuance of the certificate of completeness.
A.
A public hearing of a comprehensive permit application
involving a major land development and/or major subdivision shall
be conducted by the Planning Commission as soon as practicable.
B.
The Planning Commission may seek advisory opinions
from the Zoning Board of Review, Building Official, Conservation Commission,
Town Council and such other board or agency as it deems appropriate.
C.
The Planning Commission shall render a decision on
the application for a comprehensive permit within 120 days of the
issuance of the certificate of completeness.
A.
Any change requested by an applicant to an application
which has been certified as complete shall be considered an amendment
to the application and shall dissolve the certificate of completeness
and suspend the running of any and all time periods.[1]
B.
Within 14 days of such an amendment, the Planning
Department shall issue a new certificate of completeness and refer
it to all applicable boards or agencies and Town staff to review,
or return it to the applicant if incomplete. All time periods shall
thenceforth run from the date of the new certificate of completeness.
C.
If a hearing is not convened or a decision is not
rendered within the time period allowed, the application shall be
deemed allowed and approved; provided, however, that any time period
may be extended by mutual agreement between the Planning Commission
and the applicant.
The Planning Commission 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 authority to attach to the comprehensive permit or approval conditions
and/or requirements with respect to height, site plan, size, shape,
building materials, building density, traffic circulations, preservation
of natural, historical or cultural features that contribute to the
attractiveness of the community, as well as physical design requirements
as set forth in R.I.G.L. § 45-23-44.
A.
Public notice of the hearing on the comprehensive
permit application shall be given at least 14 days prior to the date
of the hearing in a newspaper of general circulation within the Town
pursuant to the Town's customary practices for this kind of advertising.
B.
Notice shall be sent to the applicant and to each
owner within 200 feet of the perimeter of the property for which the
comprehensive permit is sought, by certified mail, return receipt
requested, of the time and place of hearing not less than 10 days
prior to the date of the hearing. The notice shall also include the
street address of the subject property.
C.
Said notice shall include the street address of the
property for which the comprehensive permit is sought and a summary
of the project.
D.
Prior to hearing, the applicant shall file with the
Planning Commission a notarized affidavit that notice provisions have
been satisfied as well as return receipts of the certified mailings.
E.
The cost of public notice and mailings shall be borne
by the applicant. The Town may require the applicant to advance said
costs in advance of the hearing and/or filing.
A.
The Planning Commission shall render a decision within
the applicable time period hereinbefore set forth.
B.
A decision by the Planning Commission acting upon
an application for a comprehensive permit shall be by a majority vote
of the membership of the Planning Commission.
C.
The Planning Commission may grant or deny any requests
for waivers or relief from ordinances or regulations.
D.
The Planning Commission may approve the comprehensive
permit on the terms and conditions set forth in the application.
E.
The Planning Commission may approve the comprehensive permit on conditions as more fully set forth in § 139-12 of this chapter.
F.
The Planning Commission may deny the application for
any of the following reasons:
(1)
The proposal is inconsistent with the Town's Affordable
Housing Plan; or
(2)
The proposal is not consistent with the Town's local
needs; or
(3)
The proposal is not consistent with the Town's Comprehensive
Plan and/or the Town's Zoning Ordinances and other regulations as
promulgated pursuant to and in conformance with the Comprehensive
Plan; or
(4)
Coventry has met or plans to meet the goal of 10%
of the year-round units, or the standard of 15% of the occupied rental
housing units as defined in R.I.G.L. § 45-53-1 et seq.;
or
(5)
Concerns for the environment and the health and safety
of the current residents of the Town of Coventry have not been adequately
addressed in the application for the comprehensive permit.
A.
A comprehensive permit shall expire unless construction
commences within 12 months and is completed within 60 months of final
plan approval unless a longer and/or phased period for development
is agreed to by the Planning Commission and the applicant. Low- and
moderate-income housing shall be constructed and occupied prior to
or simultaneous with the construction and occupancy of market-rate
units.
B.
The Town's Building Official is authorized to monitor
the progress of construction of such low- and moderate-income housing
to insure such development.
A.
Any person aggrieved by issuance of approval of a
comprehensive permit may appeal to the Rhode Island Supreme Court.
B.
Whenever an applicant is denied a comprehensive permit
or a comprehensive permit is granted upon conditions and requirements
that the applicant deems make the building or operation of housing
infeasible, the applicant may appeal the matter to the State Housing
Appeals Board. The appeal must be taken within 20 days after date
of the notice of decision by the Planning Commission.
