In accordance with Title 45, Chapter 53 of the Rhode Island
General Laws, the R.I. Low and Moderate Income Housing Act, as amended
(the "Act"), the Charlestown Code of Ordinances, and the Charlestown
Zoning Ordinance, the Planning Commission has been designated as the
local review board and shall have the authority to issue a comprehensive
permit to build a qualifying low or moderate income housing project,
which relief shall include all approvals or permits from any local
board or town official having supervision of the construction of buildings
or the power of enforcing land use regulations, but not limited to,
the power to attach to the approval or permit, any conditions and
requirement with respect to setbacks, height, site plan, size, shape,
building materials, landscaping, and parking consistent with the terms
of the Act. All definitions and terms contained in the Act are incorporated
into these regulations by reference. The regulations contained herein
are intended to be complementary and to be used in unison with ARTICLE
V of the Charlestown Code of Ordinances, Zoning, Low and Moderate
Income Housing.
Any applicant proposing to build low or moderate income housing
may submit to the local review 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 twenty-five (25) percent of the housing is low or
moderate income housing. The application and review process for a
comprehensive permit shall be as follows:
A.
Form of application. Applications for a comprehensive permit shall
be made on the form(s) provided by the Administrative Officer to the
local review board.
B.
General submission requirements. All applications shall include twelve
(12) copies of the following submission requirements:
(1)
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;
and,
(2)
a written request to the local review board to submit a single application
to build or rehabilitate low or moderate-income housing in lieu of
separate applications to the applicable local boards. The written
request shall identify specific sections and provisions of applicable
local ordinances and regulations from which the applicant is seeking
relief; and,
(3)
a proposed timetable for the commencement of construction and completion
of the project; and,
(4)
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 thirty
(30) years; and,
(5)
identification of an approved entity that will monitor the long-term
affordability of the low and moderate income units; and,
(6)
a financial pro-forma for the proposed development; and
(7)
for comprehensive permit applications: (a) not involving major land
developments or major subdivisions including, but not limited to,
applications seeking relief from specific provisions of a local zoning
ordinance, or involving administrative subdivisions, minor land developments
or minor subdivisions, or other local ordinances and regulations:
those items required by local regulations promulgated pursuant to
applicable state law, with the exception of evidence of state or federal
permits; and for comprehensive permit applications; and (b) involving
major land developments and major subdivisions, unless otherwise agreed
to by the applicant and the town; those items included in the checklist
for the master plan in the local regulations promulgated pursuant
to § 45-23-40.[1] Subsequent to master plan approval, the applicant must
submit those items included in the checklist for a preliminary plan
for a major land development or major subdivision project in the local
regulations promulgated pursuant to § 45-23-41,[2] with the exception of evidence of state or federal permits.
All required state and federal permits must be obtained prior to the
final plan approval or the issuance of a building permit; and
(8)
the requisite application fee(s) for the application based on its
classification, as set forth herein, provided, however, that the imposition
of such fees shall not preclude a showing by a non-profit applicant
that the fees make the project financially infeasible; and
(9)
notwithstanding the submission requirements set forth above, the
local review 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, statements and advice from other local boards
and officials.
C.
Certification of Completeness. The application must be certified
complete or incomplete by the administrative officer according to
the provisions of § 45-23-36;[3] provided, however, that for a major land development or
major subdivision, the certificate for a master plan shall be granted
within thirty (30) days and for a preliminary plan shall be granted
within forty-five (45) days. The running of the time period set forth
herein will be deemed stopped upon the issuance of a 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 fourteen (14) days after its resubmission. If the administrative
officer certifies the application as incomplete, the officer shall
set forth in writing with specificity the missing or incomplete items.
[3]
Editor's Note: See R.I.G.L. § 45-23-36.
D.
Application Fees. The fee for an application shall be based on its
classification.
(1)
For an application seeking relief from provisions of the Zoning Ordinance
or other ordinances and regulations and/or classified as an Administrative
Subdivision, the application fee shall be the same as for the Zoning
Ordinance relief sought and/or an Administrative Subdivision.
(2)
For an application classified as a Minor Land Development or Minor
Subdivision, the Preliminary Plan application and Final Plan application
fees shall be the same as for such Minor Land Development or Minor
Subdivision as set forth in the Subdivision Regulations.
(3)
For a Major Land Development or Major Subdivision the Master Plan,
Preliminary Plan and Final Plan application fees shall be the same
as for such Major Land Development or Major Subdivision as set forth
in the Subdivision Regulations.
(4)
All cost to process a comprehensive permit application, such as,
but not limited to, advertising, notices and stenographic fees shall
be borne by the applicant.
E.
Project Review Fees. A project review fee shall apply to all Comprehensive
Permit applications, and the project review fee shall be determined
by the local review board, which amount will depend on the type of
application proposed and need for outside assistance to process, review
and consider an application. In no case shall a project review fee
exceed the actual costs incurred by the local review board in reviewing
any comprehensive permit application.
An application for a comprehensive permit shall be reviewed
by the local review board in accordance with the following provisions:
A.
Notification. Upon issuance of a certificate of completeness for
a comprehensive permit, the local review board shall immediately notify
each local board, as applicable, of the filing of the application,
by sending a copy to the local boards and to other parties entitled
to notice of hearings on applications under the zoning ordinance and/or
land development and subdivision regulations as applicable.
B.
Pre-application Conference. Where the comprehensive permit application
includes a Major Land Development project or a Major Subdivision pursuant
to Chapter 23 of Title 45 of the R.I. General Laws an applicant shall
schedule with the Administrative Officer a pre-application conference
before the local review board. All other applicants are also encouraged
to schedule a pre-application conference before the local review board,
but such a conference is not mandatory under these regulations. The
purpose of the pre-application conference shall be to review the concept
plan of the proposed development and facilitate the subsequent stages
of review. To request a pre-application conference, the applicant
shall submit a short written description of the project including
the present and proposed use of the property, the number of units,
type of housing, proposed subsidy, and a location, together with a
concept plan. Upon receipt of a request by an applicant for a pre-application
conference, the municipality has thirty (30) days to schedule and
hold the pre-application conference. If thirty (30) days have elapsed
from the filing of the pre-application submission and no pre-application
conference has taken place, nothing shall be deemed to preclude an
applicant from thereafter filing and proceeding with an application
for a comprehensive permit.
D.
Review Of Minor Projects. The review of a comprehensive permit application
involving only minor land developments or minor subdivisions or requesting
zoning ordinance relief or relief from other local regulations or
ordinances not otherwise addressed in this subsection, shall be conducted
following the procedures in the applicable local regulations, with
the exception that all minor land developments or minor subdivisions
under this section are required to hold a public hearing on the application,
and within ninety-five (95) days of issuance of the certificate of
completeness, or within such further time as is agreed to by the applicant
and the local review board, render a decision.
E.
Review Of Major Projects. In the review of a comprehensive permit
application involving a major land development and/or major subdivision,
the local review board shall hold a public hearing on the master plan
and shall, within one hundred and twenty (120) days of issuance of
the certification of completeness, or within such further amount of
time as may be agreed to by the local review board and the applicant,
render a decision. Preliminary and final plan review shall be conducted
according to local regulations promulgated pursuant to chapter 23
of this title except as otherwise specified in this Section.
F.
Authority. The local review 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 the terms of this Section. The local review
board may, from time to time, adopt rules and procedures to assist
them in their efforts to administer these regulations. Provided that
the Town has an approved affordable housing plan and is meeting local
housing needs, the local review board may limit the annual total number
of dwelling units in comprehensive permit applications from for-profit
developers to an aggregate of one percent (1%) of the total number
of year-round housing units in the town, as recognized in the affordable
housing plan. The annual review period shall commence March 13 of
each calendar year. The local review board shall also have the authority
to consider comprehensive permit applications from for-profit developers,
which are made pursuant to this paragraph, sequentially in the order
in which they are submitted.
G.
Decision. In reviewing a comprehensive permit request, the local
review board may deny the request for any of the following reasons:
(1)
if city or town has an approved affordable housing plan and is meeting
housing needs, and the proposal is inconsistent with the affordable
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 ordinances 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 ten percent
(10%) of the year-round units or, in the case of an urban town or
city, fifteen percent (15%) of the occupied rental housing units as
defined in § 45-53-3(2)(i)[2] being low and moderate income housing; or
[2]
Editor's Note: See R.I.G.L. § 45-53-3(2)(i).
(5)
concerns for the environment and the health and safety of current
residents have not been adequately addressed.
H.
Voting. All local review board decisions on comprehensive permits
shall be by majority vote of the membership of the board and may be
appealed by the applicant to the state housing appeals board.
In approving an application for a comprehensive permit, the
local review 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:
A.
The proposed development is consistent with local needs as identified
in the local comprehensive community plan with particular emphasis
on the community's affordable housing plan and/or has satisfactorily
addressed the issues where there may be inconsistencies.
B.
The proposed development is in compliance with the standards and
provisions of the municipality's zoning ordinance and subdivision
regulations, and/or where expressly varied or waived local concerns
that have been affected by the relief granted do not outweigh the
state and local need for low and moderate income housing.
C.
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.
D.
There will be no significant negative environmental impacts from
the proposed development as shown on the final plan, with all required
conditions for approval.
E.
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 run-off, and the preservation
of natural, historical or cultural features that contribute to the
attractiveness of the community.
G.
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.
All decisions on comprehensive permits may be appealed by the
applicant to the State Housing Appeals Board. Any person aggrieved
by the issuance of an approval may appeal to the Rhode Island Supreme
Court.
A comprehensive permit shall expire unless construction is started
within twelve (12) months and completed within sixty (60) months of
Final Plan approval unless a longer and/or phased period for development
is agreed to by the local review board and the applicant. Low and
moderate income housing units shall be built and occupied prior to,
or simultaneous with, the construction and occupancy of market rate
units.
