2022 -- S 2644 | |
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LC005420 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES | |
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Introduced By: Senators Lawson, and Coyne | |
Date Introduced: March 10, 2022 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 45-24-46.1 of the General Laws in Chapter 45-24 entitled "Zoning |
2 | Ordinances" is hereby amended to read as follows: |
3 | 45-24-46.1. Inclusionary zoning. |
4 | (a) A zoning ordinance requiring the inclusion of affordable housing as part of a |
5 | development shall provide that the housing will be affordable housing, as defined in § 42-128- |
6 | 8.1(d)(1); that the affordable housing will constitute not less than ten percent (10%) of the total |
7 | units in the development; and that the units will remain affordable for a period of not less than |
8 | thirty-years (30) from initial occupancy enforced through a land lease and/or deed restriction |
9 | enforceable by the municipality and the state of Rhode Island. |
10 | (b) A zoning ordinance that includes inclusionary zoning may provide that the affordable |
11 | housing must be built on-site or utilize one or more alternative methods of production, including, |
12 | but not limited to, off-site construction or rehabilitation, donation of land suitable for development |
13 | of the required affordable units, and/or the payment of a fee in lieu of the construction or provision |
14 | of affordable housing units. For all projects subject to inclusionary zoning, density bonuses and |
15 | other incentives shall be established by the community and shall apply to offset differential costs |
16 | of below-market units. |
17 | (c) This fee in lieu of the construction or provision of affordable housing shall be the choice |
18 | of the developer or builder municipality in which the development occurs applied on a per-unit |
19 | basis and may be used for new developments, purchasing property and/or homes, rehabilitating |
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1 | properties, or any other manner that creates additional low-or-moderate income housing as defined |
2 | in § 45-53-3(9). |
3 | (1) For affordable single-family homes and condominium units, the per-unit fee shall be |
4 | the difference between the maximum affordable sales price for a family of four (4) earning eighty |
5 | percent (80%) of the area median income as determined annually by the U.S. Department of |
6 | Housing and Urban Development and the average cost of developing a single unit of affordable |
7 | housing. The average cost of developing a single unit of affordable housing shall be determined |
8 | annually based on the average, per-unit development cost of affordable homes financed by Rhode |
9 | Island housing over the previous three (3) years, excluding existing units that received preservation |
10 | financing. |
11 | (2) Notwithstanding subsection (c)(1) of this section, in no case shall the per-unit fee for |
12 | affordable single family homes and condominium units be less than forty thousand dollars |
13 | ($40,000). |
14 | (d) The municipality shall deposit all in-lieu payments into restricted accounts that shall be |
15 | allocated and spent only for the creation and development of affordable housing within the |
16 | municipality serving individuals or families at or below eighty percent (80%) of the area median |
17 | income. The municipality shall maintain a local affordable housing board to oversee the funds in |
18 | the restricted accounts and shall allocate the funds within two (2) years. The municipality shall |
19 | include in the housing element of their local comprehensive plan, if applicable, the process it will |
20 | use to allocate the funds. |
21 | (e) As an alternative to the provisions of subsection (d), the municipality may elect to |
22 | transfer in-lieu payments promptly upon receipt or within the two-year (2) period after receipt to |
23 | the housing resources commission or Rhode Island housing for the purpose of developing |
24 | affordable housing within that community. |
25 | (f) Rhode Island housing shall report to the general assembly and the housing resources |
26 | commission the amount of fees in lieu collected by community; the projects that were provided |
27 | funding with the fees, the dollar amounts allocated to the projects and the number of units created. |
28 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES | |
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1 | This act would amend the current law so that the choice to pay a fee in lieu of construction |
2 | or provision of affordable housing, would no longer be left to the discretion of the developer but |
3 | would instead be determined by the city or town where the development is located. |
4 | This act would take effect upon passage. |
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