[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.