[Amended 12-15-2011,
effective 12-15-2011; 1-15-2015, effective 2-25-2015; 12-7-2017, effective 12-7-2017]
The purpose of this article is to establish project review standards
and procedure for a comprehensive permit proposal to develop low-
and moderate-income housing.
This article shall apply to all applications for a comprehensive
permit to build low- and moderate-income housing, which have not yet
been certified complete in accordance with subdivision regulations
by the administrative officer of the Town of Glocester, Rhode Island,
as of December 7, 2017.
A.
In accordance with Title 45, Chapter 53, of the Rhode Island General
Laws, the Low and Moderate Income Housing Act, the Planning Board
shall have the power to issue a comprehensive permit for a qualifying
low- and moderate-income housing project, which relief shall include
all permits or approvals from any local board or official who would
otherwise act with respect to such application, including but not
limited to the power to attach to the permit or approval conditions
and requirements with respect to setbacks, height, site plan, size,
shape, building materials, landscaping and parking, consistent with
the terms of the Act.
B.
In the event that Title 45, Chapter 53, of Rhode Island General Laws,
or other applicable statutes, are hereafter amended or enacted, the
provisions of this article shall be construed and amended consistently
herewith.
As used in this article, the following terms shall have the
meanings indicated:
That component of the Housing Element of the Town Comprehensive
Plan designed to meet the housing needs in the Town.
Reasonable in view of the state need for low-and moderate-income
housing, considered with the number of low-income persons in the Town
affected and:
The need to protect the health and safety of the occupants of
the proposed housing or of the residents of the Town;
The need to promote better site and building design in relation
to the surroundings or to preserve open spaces; and
If the local zoning or land use ordinances, requirements, and
regulations are applied as equally as possible to both subsidized
and unsubsidized housing.
Local zoning and land use ordinances, requirements, or regulations
are consistent with local needs when imposed by the Town Council after
hearing in a city or town where low- and moderate income housing is
in excess of 10% of the year-round housing units reported in the Census.
Any housing, whether built or operated by any public agency
or any nonprofit organization or by any limited equity housing cooperative
or any private developer, that is subsidized by a federal, state,
or municipal government subsidy under any program to assist the construction
or rehabilitation of housing affordable to low- or moderate-income
households, as defined in the applicable federal or state statute,
or local ordinance, and that will remain affordable through a land
lease and/or deed restriction for 99 years or such other period that
is either agreed to by the applicant and Town or prescribed by the
federal, state, or municipal government subsidy program but that is
not less than 30 years from initial occupancy.
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 25% of the housing is low- or moderate-income housing.
Application and review procedures shall be set forth in the Town of Glocester Subdivision Regulations, Article V, Major Subdivisions.
A.
Development incentives above the density permitted by the underlying
zoning regulations, provided that an on-site wastewater treatment
system and public and/or private well(s) can be accommodated on the
property, are offered as follows:
B.
Any development proposing to use the above density bonus incentives
must remain affordable by employing a land lease and/or deed restriction
for 99 years.
Upon receipt of a completed application, the Planning Board
shall:
A.
Notify each local board, as applicable, including but not limited
to the Zoning Board, the Town Council, and the Conservation Commission,
of the filing of the application along with a copy of the completed
application. A consulting engineer may be engaged at the applicant's
expense to assist in the review of application materials related to
stormwater, erosion and sediment control, proposed new infrastructure,
and any other area the Planning Board deems appropriate.
A.
Criteria for approval. In approving an application for a comprehensive
permit, the Planning 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:
(1)
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.
(2)
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.
(3)
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.
(4)
There will be no significant negative environmental impacts from
the proposed development as shown on the final plan, with all required
conditions for approval.
(5)
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 runoff, and the preservation
of natural, historical or cultural features that contribute to the
attractiveness of the community.
(6)
All proposed land developments and all subdivision lots will have
adequate and permanent physical access to a public street. Lot frontage
on a public street without physical access shall not be considered
in compliance with this requirement.
(7)
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.
B.
Criteria for denial. The Planning Board may deny the request for
any of the following reasons:
(1)
The 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 Town has met or has plans to meet the goal of 10% of the year-round
units being low- and moderate-income housing.
(5)
Concerns for the environment and the health and safety of current
residents have not been adequately addressed.
All decisions on comprehensive permits shall be by majority
vote of the membership of the local review board and 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 Superior
Court.
