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Town of Barrington, RI
Bristol County
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Table of Contents
Table of Contents
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[Added 8-28-2003 by Ord. No. 2003-14; amended 4-9-2007 by Ord. No. 2007-1; 2-6-2012 by Ord. No. 2012-1; 3-7-2016 by Ord. No. 2016-2; 12-4-2023 by Ord. No. 2023-12]
A. 
The Town of Barrington's Affordable Housing Plan outlines strategies to achieve the state-mandated ten-percent low- and moderate-income (LMI) housing goal, expanding housing options for current and future residents of Barrington.
B. 
Based on the Town's history of development and the limited amount of developable land remaining, this is an aggressive goal that will require policy interventions, including the inclusionary zoning program as described in this article.
C. 
Without the adoption of mandatory inclusionary zoning, along with other strategies identified in the Affordable Housing Plan, the Town's stock of affordable housing would continue to be inadequate to meet the needs of Barrington's low- and moderate-income residents and employees.
D. 
Inclusionary zoning is consistent with the state's Comprehensive Housing Production and Rehabilitation Act of 2004 (R.I.G.L. § 42-128-8.1), which states the following: "Creative funding mechanisms are needed at the local and state levels that provide additional resources for housing development, because there is an inadequate amount of federal and state subsidies to support the affordable housing needs of Rhode Island's current and projected population."
E. 
Pursuant to Comprehensive Housing Production and Rehabilitation Act of 2004 § 42-128-8.1g, the state has adopted a Strategic Plan for Housing which includes guidelines for higher-density development, including, but not limited to, "inclusionary zoning provisions for low- and moderate-income housing with appropriate density bonuses and other subsidies that make the development financially feasible."
F. 
Inclusionary zoning is consistent with State of Rhode Island General Laws § 45-24-46.1, where inclusionary zoning is defined as a "zoning ordinance requiring the inclusion of affordable housing as part of a development shall provide that the housing will be affordable housing, as defined in R.I.G.L. § 42-128-8.1(d)(1), that the affordable housing will constitute not less than 25% of the total units in the development, and that the units will remain affordable for a period of not less than 30 years from initial occupancy enforced through a land lease and/or deed restriction enforceable by the municipality and the State of Rhode Island."
The purpose of this article is:
A. 
To promote the public health, safety and welfare by promoting the development of low- and moderate-income housing within the Town of Barrington in accordance with the state mandate and to provide for a full range of housing choices throughout the Town for households of all incomes, ages and sizes.
B. 
To promote the development of affordable housing throughout the Town in a manner that is consistent with the Town's adopted Affordable Housing Plan and the Comprehensive Plan.
C. 
To produce housing that qualifies as affordable as defined by the mandates of the state's Comprehensive Housing Production and Rehabilitation Act of 2004.
D. 
To establish mixed-income households within new subdivisions and land development projects throughout the Town.
This article shall apply to all subdivisions and land development projects resulting in the net addition of three or more housing units.
A. 
For all applicable projects, at least 25% of the units within the project must qualify as affordable housing, as defined by R.I.G.L. § 42-128-8.1(d)(1).
B. 
Fractional units. Where the required number of affordable units results in a fraction the applicant shall round up to the nearest whole number.
C. 
A Town-approved monitoring service agreement with a qualified organization.
A. 
Off-site options. The Planning Board, at its sole discretion, may allow an applicant of an inclusionary zoning project to comply with the requirements of § 185-193 by constructing inclusionary units on a site other than that which the project is located. The following may be required by the Planning Board for such off-site construction:
(1) 
Off-site rehabilitation of affordable units in existing buildings.
(2) 
Off-site construction of affordable units.
B. 
Conditions. 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.
A. 
Density bonus. The number of housing units allowable on the site or sites involved shall be increased to two market rate units for each affordable unit 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.