Chapter 003

2004 -- H 7437 AS AMENDED

Enacted 02/13/04

A N A C T

RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

Introduced By: Representatives Menard, Petrarca, Winfield, Gallison, and Malik

Date Introduced: January 29, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-53-4 of the General Laws in Chapter 45-53 entitled "Low and

Moderate Income Housing" is hereby amended to read as follows:

45-53-4. Procedure for approval of construction of low or moderate income housing.

– (a) Any public agency, nonprofit organization, or limited equity housing cooperative proposing

to build low or moderate income housing may submit to the zoning board of review, established

under section 45-24-56, a single application for a comprehensive permit to build that housing in

lieu of separate applications to the applicable local boards. In the case of a private developer, this

procedure is only available for low or moderate income housing proposals which remain as low

or moderate income housing for a period of not less than thirty (30) years from initial occupancy.

The zoning board of review 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 shall, within thirty (30) days of the

receipt of the application, hold a public hearing on the application. The chair of the state housing

appeals board shall, by regulation, provide for review by planning boards in cases of applications

involving land development projects or subdivisions. The zoning board of review 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. In reviewing the comprehensive permit

request, the zoning board may deny the request for any of the following reasons: if the proposal is

inconsistent with local needs, including, but not limited to, the needs identified in an approved

comprehensive plan, and local zoning ordinances and procedures promulgated in conformance

with the comprehensive plan; if the proposal is not in conformance with the comprehensive plan;

if the community has met or has plans to meet the standard of ten percent (10%) of the units or, in

the case of an urban town or city, fifteen percent (15%) of the occupied rental housing units as

defined in section 45-53-3(2)(i) being low and moderate income housing; or if concerns for the

environment and the health and safety of current residents have not been adequately addressed.

The zoning board shall render a decision, based upon a majority vote of the board, within forty

(40) days after the termination of the public hearing and, if favorable to the applicant, shall

immediately issue a decision approving the application. If the hearing is not convened or a

decision is not rendered within the time allowed, unless the time has been extended by mutual

agreement between the zoning board and the applicant, the application is deemed to have been

allowed and the approval shall issue immediately. Any person aggrieved by the issuance of an

approval may appeal to the supreme court.

(b) The general assembly finds and declares that in January 2004 cities and towns throughout

Rhode Island have been confronted by an unprecedented volume and complexity of development

applications as a result of private for-profit developers using the provisions of this chapter and

that in order to protect the public health and welfare in communities and to provide sufficient

time to establish a reasonable and orderly process for the consideration of applications made

under the provisions of this chapter, and to have communities prepare plans to meet low and

moderate income housing goals, that it is necessary to impose a moratorium on the use of

comprehensive permit applications as herein provided by private for-profit developers; a

moratorium is hereby imposed on the use of the provisions of this chapter by private for-profit

developers, which moratorium shall be effective on passage and shall expire on January 31, 2005

and may be revisited prior to expiration and extended to such other date as may be established by

law.

Notwithstanding the provisions of subsection (a) of this section, private for-profit

developers may not utilize the procedure of this chapter until the expiration of the moratorium.

(c) Towns and cities that are not in conformity with the provisions of section 45-53-

3(2)(i) shall prepare by December 31, 2004, a comprehensive plan housing element for low and

moderate income housing as specified by section 45-53-3(2)(ii), consistent with applicable law

and regulation. That the secretary of the planning board or commission of each city or town

subject to the requirements of this paragraph shall report in writing the status of the preparation of

the housing element for low and moderate income housing on or before June 30, 2004, and on or

before December 31, 2004, to the secretary of the state planning council, to the chair of the house

committee on corporations and to the chair of the senate committee on commerce, housing and

municipal government. The state housing appeals board shall use said plan elements in making

determinations provided for in subsection 45-53-6(b)(2).

(d) If any provision of this act or the application thereof shall for any reason be judged

invalid, such judgment shall not affect, impair, or invalidate the remainder of this act or of any

other provision of chapter 45-53 of the general laws, but shall be confined in its effect to the

provision or application directly involved in the controversy giving rise to the judgment, and a

moratorium on the applications of for-profit developers pursuant to chapter 45-53 of the general

laws shall remain and continue to be in effect for the period commencing on the day this act

becomes law and continue until it shall expire on January 31, 2005 or until amended further.

     SECTION 2. This act shall take effect upon passage.

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LC01416

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