Chapter 324
2004 -- H 8574 SUBSTITUTE A
Enacted 07/03/04
A N A C T
RELATING
TO HOUSING
Introduced
By: Representatives Kennedy, Winfield, Menard, Petrarca, and McHugh
Date
Introduced: May 27, 2004
It is
enacted by the General Assembly as follows:
SECTION
1. Section 42-11-10 of the General Laws in Chapter 42-11 entitled
"Department
of Administration" is hereby amended to read as follows:
42-11-10.
Statewide planning program. -- (a) Findings. - The general assembly
finds
that
the people of this state have a fundamental interest in the orderly development
of the state;
the
state has a positive interest and demonstrated need for establishment of a
comprehensive
strategic
state planning process and the preparation, maintenance, and implementation of
plans
for
the physical, economic, and social development of the state; the continued
growth and
development
of the state presents problems that cannot be met by the cities and towns
individually
and that require effective planning by the state; and state and local plans and
programs
must be properly coordinated with the planning requirements and programs of the
federal
government.
(b) Establishment of statewide planning program. - (1) A statewide planning
program is
hereby
established to prepare, adopt, and amend strategic plans for the physical,
economic, and
social
development of the state and to recommend these to the governor, the general
assembly,
and
all others concerned.
(2) All strategic planning, as defined in subsection (c) of this section,
undertaken by the
executive
branch for those departments and other agencies enumerated in subsection (g) of
this
section,
shall be conducted by or under the supervision of the statewide planning
program. The
statewide
planning program shall consist of a state planning council, and the office of
strategic
planning
and the office of systems planning of the division of planning, which shall be
a division
within
the department of administration.
(c) Strategic planning. - Strategic planning includes the following activities:
(1) Establishing or identifying general goals.
(2) Refining or detailing these goals and identifying relationships between
them.
(3) Formulating, testing, and selecting policies and standards that will
achieve desired
objectives.
(4) Preparing long-range or system plans or comprehensive programs that carry
out the
policies
and set time schedules, performance measures, and targets.
(5) Preparing functional short-range plans or programs that are consistent with
established
or desired goals, objectives, and policies, and with long-range or system plans
or
comprehensive
programs where applicable, and that define establish measurable
intermediate
steps
toward their accomplishment of the goals, objectives, policies, and/or
long-range system
plans.
(6) Monitoring the planning of specific projects and designing of specific
programs of
short
duration by the operating departments, and other agencies of the
executive branch, and
political
subdivisions of the state to insure that these are consistent with and carry out the
intent
of
applicable strategic plans.
(7) Reviewing the execution of strategic plans and the results obtained and
making
revisions
necessary to achieve established goals.
(d) State guide plan. - Components of strategic plans prepared and adopted in
accordance
with
this section may be designated as elements of the state guide plan. The state
guide plan shall
be
comprised of functional elements or plans dealing with land use; physical
development and
environmental
concerns; economic development; housing production; energy supply,
access, use,
and
conservation; human services; and other factors necessary to accomplish the
objective of this
section.
The state guide plan shall be a means for centralizing, and
integrating, and monitoring
long-range
goals, policies, and plans, and implementation activities related
thereto. State agencies
concerned
with specific subject areas, local governments, and the public shall
participate in the
state
guide planning process, which shall be closely coordinated with the budgeting
process.
(e) Membership of state planning council. - The state planning council shall
consist of:
(1) The director of the department of administration as chairperson;
(2) The director, policy office, in the office of the governor, as
vice-chairperson;
(3) The governor, or his or her designee;
(4) The budget officer;
(5) The director of the office chairperson of the housing,
energy and intergovernmental
relations resources commission;
(6) The chief of statewide planning, as secretary;
(7) The president of the league of cities and towns or his or her designee and
one official
of
local government, who shall be appointed by the governor from a list of not
less than three (3)
submitted
by the Rhode Island league of cities and towns; and
(8) The executive director of the league of cities and towns;
(9) The speaker of the house or his or her designee; One
representative of a nonprofit
community
development or housing organization;
(10) The president of the senate or his or her designee;
(11) (10) Four (4) public members, three (3) of whom shall be
appointed by the
governor,
and one of whom shall be appointed by the speaker of the house for terms of
three (3)
years;
(12) (11) Two (2) representatives of a private, nonprofit
environmental advocacy
organization,
one both to be appointed by the speaker of the house and one
to be appointed by the
president
of the senate
governor; and
(13) (12) The director of planning and development for the city
of Providence.
(f) Powers and duties of state planning council. - The state planning council
shall have
the
following powers and duties:
(1) To adopt strategic plans as defined in this section and the long-range
state guide plan,
and
to modify and amend any of these, following the procedures for notification and
public
hearing
set forth in section 42-35-3, and to recommend and encourage implementation of
these
goals
to the general assembly, state and federal agencies, and other public and
private bodies;
approval
of strategic plans by the governor;
(2) To coordinate the planning and development activities of all state
agencies, in
accordance
with strategic plans prepared and adopted as provided for by this section;
(3) To review and comment on the proposed annual work program of the statewide
planning
program;
(4) To adopt rules and standards and issue orders concerning any matters
within its
jurisdiction
as established by this section and amendments to it;
(5) To establish advisory committees and appoint members thereto representing
diverse
interests
and viewpoints as required in the state planning process and in the preparation
or
implementation
of strategic plans. The state planning council shall appoint a permanent
committee
comprised of:
(i) Public members from different geographic areas of the state representing
diverse
interests,
and
(ii) Officials of state, local and federal government, which shall review all
proposed
elements
of the state guide plan, or amendment or repeal of any element of the plan, and
shall
advise
the state planning council thereon before the council acts on any such
proposal. This
committee
shall also advise the state planning council on any other matter referred to it
by the
council;
and
(6) To establish and appoint members to an executive committee consisting of
major
participants
of a Rhode Island geographic information system with oversight responsibility
for its
activities.
(g) Division of planning. - (1) The division of planning shall be the principal
staff
agency
of the state planning council for preparing and/or coordinating strategic plans
for the
comprehensive
management of the state's human, economic, and physical resources. The division
of
planning shall recommend to the state planning council specific guidelines,
standards, and
programs
to be adopted to implement strategic planning and the state guide plan and
shall
undertake
any other duties established by this section and amendments thereto.
(2) The division of planning shall maintain records (which shall consist of
files of
complete
copies) of all plans, recommendations, rules, and modifications or amendments
thereto
adopted
or issued by the state planning council under this section. The records shall
be open to
the
public.
(3) The division of planning shall manage and administer the Rhode Island
geographic
information
system of land-related resources, and shall coordinate these efforts with other
state
departments
and agencies, including the University of Rhode Island, which shall provide
technical
support and assistance in the development and maintenance of the system and its
associated
data base.
(4)
The division of planning shall coordinate and oversee the provision of
technical
assistance
to political subdivisions of the state in preparing and implementing plans to
accomplish
the
purposes, goals, objectives, policies, and/or standards of applicable elements
of the state guide
plan
and shall make available to cities and towns data and guidelines that may be
used in
preparing
comprehensive plans and elements thereof and in evaluating comprehensive plans
and
elements
thereby.
(h) Transfer determinations. - (1) The director of administration, with the
approval of the
governor,
shall make the conclusive determination of the number of positions, personnel,
physical
space,
property, records, and appropriation balances, allocations and other funds of
the
department
of mental health, retardation, and hospitals, department of health, department
of
human
services, department of corrections, department of labor and training, department
of
environmental
management, department of business regulation, department of transportation,
department
of state library services, Rhode Island Economic Development Corporation,
department
of elderly affairs, department for children and their families, historical
preservation
commission,
water resources board, and the defense civil preparedness/emergency management
agency
of the executive department to be transferred to the department of
administration in
connection
with the functions transferred there into by the provisions of this article.
(2) In order to ensure continuity of the strategic planning process of the
department
specified
heretofore, the actual transfer of functions or any part thereof to the
department of
administration
may be postponed after July 1, 1985 until such time as, by executive order of
the
governor,
the transfer herein provided can be put into force and effect but no later than
December
31,
1985.
SECTION
2. Section 42-55-2 of the General Laws in Chapter 42-55 entitled "Rhode
Island
Housing and Mortgage Finance Corporation" is hereby amended to read as
follows:
42-55-2.
Legislative findings. – (a) It is hereby found and declared as
follows: there
exists
a serious shortage of safe and sanitary residential housing and shelter in the
state available
to and
affordable by persons and families of low and moderate income, and
the elderly and
workers,
and their families;
this condition is conducive to disease, crime, environmental decline,
and poverty,
and impairs the economic development of the state and communities and the
economic
value of large areas, which are characterized by depreciated value, impaired
investments,
and reduced capacity to pay taxes and is a menace to the health, safety,
morals, and
welfare
of the citizens of the state; this condition results in a loss of population
and further
deterioration
accompanied by added costs to communities in the creation of new public
facilities
and
services elsewhere; it is difficult and uneconomical for individual owners
independently to
remedy
this condition; it is desirable to encourage joint efforts to clear, replan,
rehabilitate, and
reconstruct
these areas; it is necessary to create inducements and opportunities for
private and
public
investment in these activities in these areas with appropriate planning, land
use, and
construction
policies; it is also necessary to assist owners of residential housing to
retain and
operate
these units; these activities on a large scale are necessary for the public
welfare and are
public
uses and purposes for which private property may be acquired; one major cause
of this
condition
has been recurrent shortages of funds from private sources; these shortages
have
contributed
to reductions in construction of new residential units, have resulted in the
sale of
existing
housing owned by persons and families of low and moderate income, and have made
the
purchase
of existing residential units a virtual impossibility in certain parts of the
state; hospital
and
other health care services provided at reasonable cost are of vital concern to
the health,
safety,
and welfare of the people of the state, and existing hospitals and other health
care facilities
are
no longer adequate to meet the needs of modern medical care; the ordinary
operations of
private
enterprise have not in the past corrected these conditions; the reduction in
residential and
health
care facility construction has caused substantial unemployment and
under-employment in
the
construction industry which results in hardships, wastes human resources,
increases the public
assistance
burdens of the state, impairs the security of family life, impedes the economic
and
physical
development of the state, and adversely affects the welfare, health, and
prosperity of all
the
people of the state; a stable supply of adequate funds for residential and
health care facility
financing
is required to encourage new housing and health care facilities in an orderly
and
sustained
manner and thereby reduce these results; it is necessary to create a state
housing and
mortgage
finance corporation to encourage the investment of private capital and
stimulate and
assist
in the construction, rehabilitation, operation, retention, and maintenance of
residential
housing
and health care facilities through the use of public financing, to provide
construction and
mortgage
loans, to make grants to shelters for the homeless, and to make provision for
the
purchase
of mortgage loans and otherwise; it is further necessary that the corporation
be provided
with
the power to acquire and operate housing projects on an individual or
partnership basis in
order
to meet the housing demands of the state; and all of the foregoing are public
purposes and
uses
for which public moneys may be borrowed, expended, advanced, loaned, or
granted.
(b)
It is further found and declared as follows: Rhode Island has distinctive
historical
development
patterns and natural systems, which are critical to public health, welfare,
community
and
neighborhood identity and functionality, and quality of life, and which merit
preservation,
protection,
and enhancement; state and local government have planning and regulatory
processes
that
have as their purposes the accomplishment of this preservation, protection, and
enhancement;
it
is necessary that the corporation exercise its powers and administer its
programs and
responsibilities
in a manner that is consistent with and advances the purposes of duly adopted
state
plans, including specifically the state guide plan, adopted pursuant to section
42-11-10, and
with
local comprehensive plans, prepared and adopted pursuant to chapter 45-22.2,
that have been
approved
as consistent with the state guide plan.
SECTION
3. Chapter 42-55 of the General Laws in title 42 entitled “State Affairs and
Government”
is hereby amended by adding thereto the following sections:
42-55-5.2.
Consistency with plans. -- The corporation shall exercise its powers
under
this
chapter in a manner that is consistent on a programmatic basis with the state
guide plan,
adopted
pursuant to section 42-11-10 and with local comprehensive plans, prepared and
adopted
pursuant
to chapter 45-22.2, that have been approved as consistent with the state guide
plan.
42-55-5.3.
Letters of eligibility. -- The corporation shall issue all letters
of eligibility for
low
and moderate income housing for applications made pursuant to chapter 45-53.
(a)
Evaluation of requests for letters of eligibility:
(1)
The corporation shall establish for each application:
(i)
the name and address of the applicant;
(ii)
the address of the site and site description;
(iii)
the number and type (homeownership or rental) of housing units proposed;
(iv)
the name of the housing program under which project eligibility is sought;
(v)
relevant details of the particular project if not mandated by the housing
program
(including
percentage of units for low or moderate income households, income eligibility
standards,
the duration of restrictions requiring low or moderate income housing); and
(2)
The corporation shall determine:
(i)
that the proposed project appears generally eligible under the requirements of
the
housing
program, subject to final review of eligibility and to final approval;
(ii)
that the subsidizing agency, or the corporation, has performed an on-site
inspection of
the
site and has reviewed pertinent information submitted by the applicant;
(iii)
that an initial pro forma has been reviewed and the project appears financially
feasible
on the basis of estimated development costs;
(iv)
that the developer meets the general eligibility standards of the housing
program; and
(v)
that the applicant controls the site.
(b) The corporation shall provide a copy of the letter of eligibility to the
administrative
officer
of the local review board of the city or town in which the project would be
located.
(c)
The corporation shall annually report to the governor, the speaker of the house
and the
president
of the senate, and the secretary of the state planning council, by February 15:
(1)
The number of letters of eligibility issued, the federal and state subsidy
programs
under
which they were eligible, and the number of proposed subsidized units involved,
by city
and
town, during the preceding calendar year;
(2)
The number of units of low and moderate income housing constructed under
federal
and
state subsidy programs, during the preceding calendar year;
(3)
The average annual number of units of low and moderate income housing
constructed
under
federal and state subsidy programs for the three (3) preceding calendar years;
and
(4)
The number of units of low and moderate income housing likely to be constructed
in
the
current calendar year based on the three (3) year average of units constructed,
adjusted for any
changes
in law that either increased or decreased funding available for subsidizing the
construction
of low and moderate income housing. The average annual number of units of
subsidized
low and moderate income housing, adjusted for any changes in law, shall be a
basis
for
assessing whether low and moderate income housing goals within affordable
housing plans
are
being implemented.
SECTION
4. Chapter 42-113 of the General Laws, entitled “Rhode Island Housing and
Conservation
Trust Fund Act” is hereby amended by adding thereto the following section:
42-113-11.
Commission Housing and Conservation Trust Study Commission. --
(a)
There is hereby created a “Housing and Conservation Trust Study Commission”
with
thirteen
(13) members as follows: the presiding officer, or the designee of the
presiding officer, of
the
Audubon Society of Rhode Island, Church Community Housing Corporation, Grow
Smart
Rhode
Island, the Housing Network, the Rhode Island Association of Realtors, the
Rhode Island
Association
of Public Housing Authorities, the Rhode Island Builders Association, the Rhode
Island
Chapter of the American Planning Association, the Rhode Island Council of Land
Trusts,
the
Rhode Island Housing and Mortgage Finance Corporation, the Rhode Island Housing
Resources
Commission, the Rhode Island League of Cities and Towns, and The Nature
Conservancy.
The representative of Grow Smart Rhode Island shall call the organizational
meeting
of the commission, and the commission shall elect from its members a
chairperson, a
vice
chairperson and a secretary.
(b)
The purposes of the commission shall be: (1) to study the potential
contribution of
land
trust mechanisms to the development of low and moderate income housing, to
evaluate
appropriate
organization structures and financing mechanisms for such land trusts in Rhode
Island,
and assess the potential and viability of the housing and conservation trust
fund
established
by this chapter; and (2) to report its findings and recommendations to the
governor,
the
speaker of the house and the senate president by February 1, 2005.
(c)
The commission shall terminate on June 30, 2005.
SECTION
5. Sections 42-128-1, 42-128-2, 42-128-4 and 42-128-5 of the General Laws
in
Chapter 42-128 entitled "Rhode Island Housing Resources Act of 1998"
are hereby amended to
read
as follows:
42-128-1.
Findings. -- (a) Rhode Island has an older housing stock which
contributes
invaluably
to community character, and in order to maintain the stability of neighborhoods
and to
sustain
health communities, it is necessary to have programs for housing and community
development
and revitalization.
(b) Rhode Island has an active private sector that is engaged in supplying
housing.
(c) Rhode Island has an active non-profit housing sector, which can, if
provided adequate
support,
assist low and moderate income persons and works to improve conditions in
neighborhoods
and communities.
(d) Housing that is not adequately maintained is a source of blight in
communities and a
cause
of public health problems. Public health and safety are impaired by poor
housing
conditions;
poisoning from lead paint and respiratory disease (asthma) are significant
housing
related
health problems in Rhode Island.
(e) There is an increasing need for supported living arrangements for the elderly
and a
continuing
need for supported living arrangements for persons who are disabled and/or
homeless.
(f) Fair housing, and the potential of unequal treatment of individuals based
on race,
ethnicity,
age, disability, and family, must be given continuing attention.
(g) Housing costs consume a disproportionate share of income for many Rhode
Islanders;
housing affordability is a continuing problem, especially for first time home
buyers and
lower
and moderate income renters; the high cost of housing adversely affects the
expansion of
Rhode
Island's economy. Housing affordability and availability affect conditions of
homelessness.
The high cost of housing and the lack of affordable, decent housing for low
income
households is a source of hardship for very low income persons and families in
Rhode
Island.
(h) The Rhode Island Housing and Mortgage Finance Corporation, which has
provided
more
than two decades of assistance in addressing issues of both the affordability
of home
ownership
and rental housing and the preservation of the housing stock for low and
moderate
income
persons, is faced with operating deficits in the year 2001 facing
future funding shortfalls
and
must either increase revenues or reduce programs in order to remain viable.
(i) The federal government has been reducing its commitment to housing since
1981, and
there
is no indication that earlier levels of federal support for housing will be
restored.
(j) Public housing authorities, which rely on federal support that is being
reconsidered,
have
been and continue to be an important housing resource for low income families
and the
elderly.
(k) Rhode Island, unlike most other states, does not have an agency or
department of
state
government with comprehensive responsibility for housing.
(l) It is necessary and desirable in order to protect that public health and to
promote the
public
welfare, to establish a housing resources agency and a housing resources
commission for
the
purposes of improving housing conditions, promoting housing affordability,
engaging in
community
development activities, and assisting the urban, suburban, and rural
communities of
the
state.
42-128-2.
Rhode Island housing resources agency created. -- There is created
within
the
executive department a housing resources agency with the following purposes,
organization,
and
powers:
(1) Purposes:
(i) To provide coherence to the housing programs of the state of Rhode Island
and its
departments,
agencies, commissions, corporations, and subdivisions.
(ii) To provide for the integration and coordination of the activities of the
Rhode Island
Housing
and Mortgage Finance Corporation and the Rhode Island Housing Resources
Commission.
(2) Coordinating committee -- Created -- Purposes and powers:
(i) The coordinating committee of the Housing Resources Agency shall be
comprised of
the
chairperson of the Rhode Island Housing and Mortgage Finance Corporation, the
chairperson
of the
Rhode Island Housing Resources Commission, the director of the Department of
Administration,
or the designee of the director, and the executive director of the Rhode Island
Housing
and Mortgage Finance Corporation. The chairperson of the Rhode Island Housing
Resources
Commission shall be chairperson of the coordinating committee. The executive
director
of Rhode Island Housing and Mortgage Finance Corporation shall be the executive
director
and chief operating officer of the coordinating committee.
(ii) The coordinating committee shall develop and shall implement, with the
approval of
the
Rhode Island Housing and Mortgage Finance Corporation and the Rhode Island
Housing
Resources
Commission, a memorandum of agreement describing the fiscal and operational
relationship
between the Rhode Island Housing and Mortgage Finance Corporation and the
Rhode
Island Housing Resources Commission and shall define which programs of federal
assistance
will be applied for on behalf of the state by the Rhode Island Housing and
Mortgage
Finance
Corporation and the Rhode Island Housing Resources Commission.
42-128-4.
Rhode Island housing resources commission. -- The Rhode Island Housing
Resources
Commission shall be an agency within the executive department and shall be
the
planning
and policy,
with responsibility for developing plans, policies, standards and
programs
division
of the Rhode Island Housing Resources Agency and providing technical assistance
for
housing.
42-128-5.
Purposes. -- The purposes of the commission shall be:
(1) To develop and promulgate state policies, and plans, for housing and
housing
production and performance
measures for housing programs established pursuant to state law.
(2) To coordinate activities among state agencies and political subdivisions
pertaining to
housing.
(3) To promote the stability of and quality of life in communities and
neighborhoods.
(4) To provide opportunities for safe, sanitary, decent, adequate and
affordable housing
in
Rhode Island.
(5) To encourage public-private partnerships that foster the production,
rehabilitation,
development,
maintenance, and improvement of housing and housing conditions, especially for
low
and moderate income people.
(6) To foster and support no-profit organizations, including community
development
corporations,
and their associations and intermediaries, that are engaged in providing and
housing
related
services.
(7) To encourage and support partnerships between institutions of higher
education and
neighborhoods
to develop and retain quality, healthy housing and sustainable communities.
(8)
To facilitate private for-profit production and rehabilitation of housing for
diverse
populations
and income groups.
(9)
To provide, facilitate, and/or support the provisions of technical assistance.
SECTION
6. Chapter 42-128 of the General Laws entitled “State Affairs and
Government”
is hereby amended by adding thereto the following section:
42-128-8.1.
Housing production and rehabilitation. -- (a) Short title. This
section shall
be
known and may be cited as the”Comprehensive Housing Production and
Rehabilitation Act of
2004.”
(b)
Findings. The general assembly finds and declares that:
(1)
The state must maintain a comprehensive housing strategy applicable to all
cities and
towns
that addresses the housing needs of different populations including, but not
limited to,
workers
and their families who earn less than one hundred twenty percent (120%) of
median
income,
older citizens, students attending institutions of higher education, low and
very low
income
individuals and families, and vulnerable populations including, but not limited
to, persons
with
disabilities, homeless individuals and families, and individuals released from
correctional
institutions.
(2)
Efforts and programs to increase the production of housing must be sensitive to
the
distinctive
characteristics of cities and towns, neighborhoods and areas and the need to
manage
growth
and to pace and phase development, especially in high growth areas.
(3)
The state in partnership with local communities must remove barriers to housing
development
and update and maintain zoning and building regulations to facilitate the
construction,
rehabilitation of properties and retrofitting of buildings for use as safe
affordable
housing.
(4)
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.
(5)
Innovative community planning tools, including, but not limited to, density
bonuses
and
permitted accessory dwelling units, are needed to offset escalating land costs
and project
financing
costs that contribute to the overall cost of housing and tend to restrict the
development
and
preservation of housing affordable to very low income, low income and moderate
income
persons.
(6)
The gap between the annual increase in personal income and the annual increase
in
the
median sales price of a single-family home is growing, therefore, the
construction,
rehabilitation
and maintenance of affordable, multi-family housing needs to increase to
provide
more
rental housing options to individuals and families, especially those who are
unable to afford
homeownership
of a single-family home.
(7)
The state needs to foster the formation of cooperative partnerships between
communities
and institutions of higher education to significantly increase the amount of
residential
housing options for students.
(8)
The production of housing for older citizens as well as urban populations must
keep
pace
with the next twenty-year projected increases in those populations of the
state.
(9)
Efforts must be made to balance the needs of Rhode Island residents with the
ability
of
the residents of surrounding states to enter into Rhode Island’s housing market
with much
higher
annual incomes at their disposal.
(c) Strategic plan. The commission, in conjunction with the statewide planning
program,
shall
develop by July 1, 2006, a five (5) year strategic plan for housing, which plan
shall be
adopted
as an element of the state guide plan, and which shall include quantified
goals,
measurable
intermediate steps toward the accomplishment of the goals, implementation
activities,
and
standards for the production and/or rehabilitation of year-round housing to
meet the housing
needs
including, but not limited to, the following:
(1)
Older Rhode Islanders, including senior citizens, appropriate, affordable
housing
options;
(2)
Workers, housing affordable at their income level;
(3)
Students, dormitory, student housing and other residential options;
(4)
Low income and very low income households, rental housing;
(5)
Persons with disabilities, appropriate housing; and
(6)
Vulnerable individuals and families, permanent housing, single room occupancy
units,
transitional housing and shelters.
(d)
As used in this section and for the purposes of the preparation of affordable
housing
plans
as specified in chapter 45-22.2, words and terms shall have the meaning set
forth in chapter
45-22.2,
chapter 45-53, and/or section 42-11-10, unless this section provides a
different meaning
or
unless the context indicates a different meaning or intent.
(1)
“Affordable housing” means residential housing that has a sales price or rental
amount
that is within the means of a household that is moderate income or less. In the
case of
dwelling
units for sale, housing that is affordable means housing in which principal,
interest,
taxes,
which may be adjusted by state and local programs for property tax relief, and
insurance
constitute
no more than thirty percent (30%) of the gross household income for a moderate
income
household. In the case of dwelling units for rent, housing that is affordable
means
housing
for which the rent, heat, and utilities other than telephone constitute no more
than thirty
percent
(30%) of the gross annual household income for a household with eighty percent
(80%)
or
less of area median income, adjusted for family size. Affordable housing shall
include all
types
of year-round housing, including, but not limited to, manufactured housing,
housing
originally
constructed for workers and their families, accessory dwelling units, housing
accepting
rental
vouchers and/or tenant-based certificates under Section 8 of the United States
Housing Act
of
1937, as amended, and assisted living housing, where the sales or rental amount
of such
housing,
adjusted for any federal, state, or municipal government subsidy, is less than
or equal to
thirty
percent (30%) of the gross household income of the low and/or moderate income
occupants
of
the housing.
(2)
“Affordable housing plan” means a plan prepared and adopted by a town or city
either
to
meet the requirements of chapter 45-53 or to meet the requirements of
subsection 45-22.2-10
(f),
which require that comprehensive plans and the elements thereof be revised to
conform with
amendments
to the state guide plan.
(3)
“Approved affordable housing plan” means an affordable housing plan that has
been
reviewed
and approved in accordance with section 45-22.2-9.
(4)
“Moderate income household” means a single person, family, or unrelated persons
living
together whose adjusted gross income is more than eighty percent (80%) but less
than one
hundred
twenty percent (120%) of the area median income, adjusted for family size.
(5)
“Seasonal housing” means housing that is intended to be occupied during limited
portions
of the year.
(6)
“Year-round housing” means housing that is intended to be occupied by people as
their
usual residence and/or vacant units that are intended by their owner for
occupancy at all
times
of the year; occupied rooms or suites of rooms in hotels are year-round housing
only when
occupied
by permanent residents as their usual place of residence.
(e)
The strategic plan shall be updated and/or amended as necessary, but not less
than
once
every five (5) years.
(f)
Upon the adoption of the strategic plan as an element of the state guide plan,
towns
and
cities shall bring their comprehensive plans into conformity with its
requirements, in
accordance
with the timetable set forth in subsection 45-22.2-10(f), provided, however,
that any
town
that has adopted an affordable housing plan in order to comply with the
provisions of
chapter
45-53, which has been approved for consistency pursuant to section 45-22.2-9,
shall be
deemed
to satisfy the requirements of the strategic plan for low and moderate income
housing
until
such time as the town must complete its next required comprehensive community
plan
update.
(g)
Guidelines. The commission shall advise the state planning council and the
state
planning
council shall promulgate and adopt not later than July 1, 2006, guidelines for
higher
density
development, including, but not limited to: (A) inclusionary zoning provisions
for low
and
moderate income housing with appropriate density bonuses and other subsidies
that make the
development
financially feasible; and (B) mixed-use development that includes residential
development,
which guidelines shall take into account infrastructure availability; soil type
and
land
capacity; environmental protection; water supply protection; and agricultural,
open space,
historical
preservation, and community development pattern constraints.
(h)
The statewide planning program shall maintain a geographic information system
map
that
identifies, to the extent feasible, areas throughout the state suitable for
higher density
residential
development consistent with the guidelines adopted pursuant to subsection (g)
above.
SECTION
7. Sections 45-22.2-3, 45-22.2-4, 45-22.2-6 and 45-22.2-9 of the General
Laws
in Chapter 45-22.2 entitled "Rhode Island Comprehensive Planning and Land
Use Act" are
hereby
amended to read as follows:
45-22.2-3.
Legislative findings and intent -- Statement of goals. -- (a) Findings.
- The
general
assembly recognizes these findings, each with equal priority and numbered for
reference
only,
as representing the need to substantially revise present enabling legislation
and, therefore,
declares
that:
(1) The absence of accurate technical information and comprehensive planning by
municipal
government as a rational basis for long-term physical development creates
conflicting
requirements
and reactive land use regulations and decisions.
(2) Municipal government is responsible for land use, but lacks the technical
information
and
financial resources to plan for orderly growth and development, and the
protection and
management
of our land and natural resources.
(3) Land, water, and air are finite natural resources. Comprehensive planning
must
provide
for protection, development, use, and management of our land and natural resources.
(4) Comprehensive planning and its implementation will promote the appropriate
use of
land.
The lack of comprehensive planning and its implementation has led to the
misuse, underuse,
and
overuse of our land and natural resources.
(5) The coordination of growth and the intensity of development with provisions
for
services
and facilities is a proper objective of comprehensive planning.
(6) Comprehensive planning is needed to provide a basis for municipal and state
initiatives
to insure all citizens have access to a range of housing choices, including the
availability
of affordable housing for all income levels and age groups.
(7) Municipal comprehensive planning must recognize and address land uses in
contiguous
municipalities and encourage cooperative planning efforts by municipalities.
(8) Comprehensive planning will provide a basis for improved coordination so
that local
plans
reflect issues of local, regional, and statewide concern. Comprehensive
planning will insure
that
municipal government has a role in the formulation of state goals and policies.
(9) Improved coordination is necessary between state and municipal governments
to
promote
uniform standards and review procedures as well as consistency in land use
regulations.
(b) Intent. - The general assembly declares it is the intent of this chapter
to:
(1) Establish, in each municipality, a program of comprehensive planning that
is
implemented
according to the standards and schedule contained in this chapter.
(2) Provide financial assistance for the formulation and implementation of the
comprehensive
plan.
(3) Provide financial assistance to establish a uniform data and technical
information
base to
be used by state and municipal governments and their agencies.
(4) Establish standards and a uniform procedure for the review and approval of
municipal
comprehensive plans and state guide plans and their consistency with overall
state
goals,
objectives, standards, applicable performance measures, and policies.
(5) Establish a procedure in comprehensive planning at state and municipal
levels which
will
accommodate future requirements.
(c) Goals. - The general assembly hereby establishes a series of goals to
provide overall
direction
and consistency for state and municipal agencies in the comprehensive planning
process
established
by this chapter. The goals have equal priority and are numbered for reference
only.
(1) To promote orderly growth and development that recognizes the natural
characteristics
of the land, its suitability for use, and the availability of existing and
proposed
public
and/or private services and facilities.
(2) To promote an economic climate which increases quality job opportunities
and
overall
economic well being of each municipality and the state.
(3) To promote the production and rehabilitation of year-round housing that
achieves a
balance
of housing choices, for all income levels and age groups, which recognizes the
affordability
of housing as the responsibility of each municipality and the state and
which
facilitates
economic growth in the state.
(4) To promote the protection of the natural, historic and cultural resources
of each
municipality
and the state.
(5) To promote the preservation of the open space and recreational resources of
each
municipality
and the state.
(6) To provide for the use of performance-based standards for development
and to
encourage
the use of innovative development regulations and techniques that promote the
development
of land suitable for development while protecting our natural, cultural,
historical,
and
recreational resources, and achieving a balanced pattern of land uses.
(7) To promote consistency of state actions and programs with municipal
comprehensive
plans,
and provide for review procedures to ensure that state goals and policies are
reflected in
municipal
comprehensive plans and state guide plans.
(8) To ensure that adequate and uniform data are available to municipal and
state
government
as the basis for comprehensive planning and land use regulation.
(9) To ensure that municipal land use regulations and decisions are consistent
with the
comprehensive
plan of the municipality, and to insure state land use regulations and
decisions are
consistent
with state guide plans.
(10) To encourage the involvement of all citizens in the formulation, review,
and
adoption
of the comprehensive plan.
(11) To preserve existing government subsidized housing for persons and
families of low
and
moderate income and to increase the overall supply of year-round housing,
including housing
for
low and moderate income persons and families.
45-22.2-4.
Definitions. -- As used in this chapter the following words have the
meanings
stated
herein:
(1) "Agricultural land" means land suitable for agriculture by reason
of suitability of soil
or
other natural characteristics or past use for agricultural purposes.
Agricultural land includes
that
defined as prime farm land or additional farm land of statewide importance for
Rhode Island
by
the soil conservation service of the United States department of agriculture.
(2) "Board" means the state comprehensive plan appeals board as
established by chapter
22.3
of this title.
(3) "Capacity" or "land capacity" means the suitability of
the land, as defined by
geology,
soil conditions, topography, and water resources, to support its development for
uses
such
as residential, commercial, industrial, open space, or recreation. Land
capacity may be
modified
by provision of facilities and services.
(4) "Capital improvements program" means a proposed schedule of all
future projects
listed
in order of construction priority together with cost estimates and the
anticipated means of
financing
each project.
(5) "Coastal features" means those coastal features defined in
chapter 23 of title 46.
(6) "Comprehensive plan" or "comprehensive land use plan"
means a document
containing
the components described in this chapter, including the implementation program
which
is consistent with the goals and guidelines established by this chapter.
(7) "Council" means the state planning council as established by
chapter 11 of title 42.
(8) "Days" means calendar days.
(9) "Director" means the director of administration.
(10) "Division of planning" means the office of state planning as
established as a
division
of the department of administration by section 42-11-10(b).
(11) "Federally insured or assisted housing" means:
(i) Low income housing units insured or assisted under sections 221(d)(3) and
236 of the
National
Housing Act, 12 U.S.C. section 1701 et seq.;
(ii) Low income housing units produced with assistance under section 8 of the
United
States
Housing Act of 1937, 42 U.S.C. section 1401 et seq.; and
(iii) Rural low income housing financed under section 515 of the Housing Act of
1949,
12
U.S.C. section 1715z.
(12) "Floodplains" or "flood hazard area" means an area
that has a one percent (1%) or
greater
chance of inundation in any given year, as delineated by the federal emergency
agency
pursuant
to the National Flood Insurance Act of 1968, as amended (P.L. 90-448), 42
U.S.C. 4011
et
seq.
(13) "Forecast" means a description of the conditions, quantities, or
values anticipated to
occur
at a designated future time.
(14) "Goals" means those goals stated in section 45-22.2-3.
(15) "Historic district" means one or more historic sites and
intervening or surrounding
property
significantly affecting or affected by the quality and character of the
historic site or sites,
and
has been registered, or is deemed eligible to be included, on the state
register of historical
places
pursuant to section 42-45-5.
(16) "Historic site" means any real property, man made structure,
natural object, or
configuration
or any portion or group of the preceding which has been registered, or is
deemed
eligible
to be included, on the state register of historic places pursuant to section
42-45-5.
(17) "Improvement" means any man made, immovable item which becomes
part of,
placed
upon, or is affixed to, real estate.
(18) "Land" means real property including improvements and fixtures
on, above, or
below
the surface.
(19) "Land use regulation" means a rule or statute of general
application adopted by the
municipal
legislative body which controls, directs, or delineates allowable uses of land
and the
standards
for these uses.
(20) "Local government" means any governmental agency authorized by
this chapter to
exercise
the power granted by this chapter.
(21) "Municipal legislative body" means the town meeting in a town;
the town council in
a
town or the city council in a city; or that part of a municipal government that
exercises
legislative
powers under a statute or charter.
(22) "Municipal reviewing authority" means the municipal planning
board, or
commission,
or if none, the municipal officers.
(23) "Open space" means any parcel or area of land or water set
aside, dedicated,
designated,
or reserved for public or private use or enjoyment or for the use and enjoyment
of
owners
and occupants of land adjoining or neighboring the open space; provided that
the area
may
be improved with only those buildings, structures, streets, and off-street
parking, and other
improvements
that are designed to be incidental to the natural openness of the land.
(24) "Planning board" or "commission" means the body
established by a municipality or
combination
of municipalities which has the responsibility to prepare a comprehensive plan
and
make
recommendations concerning that plan to the municipal legislative body.
(25) "Program" means the statewide planning program established by
chapter 11 of title
42.
(26) "State guide plan" means goals, policies, and plans or plan
elements for the
physical,
economic, and social development of the state, adopted by the state planning
council in
accordance
with section 42-11-10.
(27) "Voluntary association of local governments" means two or more
municipalities
who
have joined together pursuant to a written agreement and pursuant to the
authority granted
under
this chapter for the purpose of drafting a comprehensive land use plan and
implementation
program.
(28) "Wetland, coastal" means a salt marsh bordering on the tidal
waters of this state and
contiguous
uplands extending no more than fifty (50) yards inland therefrom.
(29) "Wetland, freshwater" means a marsh, swamp, bog, pond, river,
river or stream
flood
plain or bank; area subject to flooding or storm flowage; emergent or
submergent plant
community
in any body of fresh water; or area within fifty feet (50') of the edge of a
bog, marsh,
swamp,
or pond, as defined in section 2-1-20.
(30) "Zoning" means the reservation of certain specified areas within
a community or
city
for building and structures, or use of land, for certain purposes with other
limitations as
height,
lot coverage, and other stipulated requirements.
(31) "Low and Moderate Income Housing" means housing as defined in
chapter 45-53 as
low
and moderate income housing, or as necessary in the context of implementing the
purposes of
the
federal Low Income Preservation and Resident Home Ownership Act of 1999,
housing as
defined in the federal Low
Income Preservation and Resident Home Ownership Act of 1990 and
as
may be amended for both the purposes of this chapter and any reference to low
and moderate
income
housing in relation to a Comprehensive Plan prepared and adopted pursuant to
this
chapter.
(32) "State or regional agency" means, for the purposes of this
chapter, any state agency,
department,
public authority, public corporation, organization, commission, or other
governing
body
with regulatory or other authority affecting the goals established either in
this chapter or the
state
guide plan. Pursuant to section 45-22.2-2(f), the definition of state and
regional agency shall
not
be construed to supersede or diminish any regulatory authority granted by state
or federal
statute.
(33)
“Affordable housing plan” means a component of a housing element, prepared by a
town
subject to planning expectations established by chapter 45-53, or a component
of a housing
element,
prepared for the purpose of conformity with the requirements of section
42-128-8.1.
(34)
“Strategic plan for housing production and rehabilitation” means the state
guide plan
element
promulgated and adopted as set forth in section 42-128-8.1.
45-22.2-6.
Required elements of comprehensive plan. -- The comprehensive plan is a
statement
(in text, maps, illustrations, or other media of communication) that is
designed to
provide
a basis for rational decision making regarding the long term physical
development of the
municipality.
The definition of goals and policies relative to the distribution of future
land uses,
both
public and private, forms the basis for land use decisions to guide the overall
physical,
economic,
and social development of the municipality. The comprehensive plan must be
internally
consistent in its policies, forecasts, and standards, and include the following
elements:
(1) Goals and policies statement. - Identifies the goals and policies of the
municipality
for
its future growth and development. The statement enumerates how the plan is
consistent with
the
overall goals and policies of this chapter, the state guide plan, and related
elements.
(2) Land use plan element. - Designates the proposed general distribution and
general
location
and interrelationship of land use for residential, commercial, industry, open
space,
recreation
facilities, and other categories of public and private uses of land. The land
use element
is
based upon the other elements contained in this section, and it relates the
proposed standards of
population
density and building intensity to the capacity of the land and available or
planned
facilities
and services. A land use plan map, illustrating the future strategy and land
use policy of
the
municipality, as defined by the comprehensive plan, is required. The land use
plan must
contain
an analysis of the inconsistency of existing zoning districts, if any, with the
land use plan.
The
land use plan should specify the process by which the zoning ordinance and
zoning map shall
be
amended to conform to the comprehensive plan.
(3) Housing element. - Consists of identification and analysis of existing and
forecasted
housing
needs and objectives including programs for the preservation, including, but
not limited
to,
the preservation of federally insured or assisted housing, improvement, and
development of
housing
for all citizens. The housing element enumerates local policies and
implementation
techniques
to provide promote the production and rehabilitation of housing that
achieves a
balance
of housing choices, recognizing local, regional, and statewide needs for all
income levels
and
for all age groups, including, but not limited to, the affordability of housing
and the
preservation
of federally insured or assisted housing. The element identifies specific
programs
and
policies for inclusion in the implementation program necessary to accomplish
this purpose.
and
takes into account growth management and the need to phase and pace development
in areas
of
rapid growth. The housing element includes an affordable housing plan that
identifies housing
needs
in the community, including, but not limited to, the needs for low and moderate
income
housing,
establishes goals and policies to address those needs, consistent with
available resources
and
the need to protect public health, including drinking water supplies and safety
and
environmental
quality. The affordable housing plan includes an implementation program of
actions
to be taken to effectuate the policies and goals of the affordable housing
plan.
(4) Economic development element. - Includes the identification of economic
development
policies and strategies, either existing or proposed by the municipality, in
coordination
with the land use plan element. These policies should reflect local, regional,
and
statewide
concerns for the expansion and stabilization of the economic base and the
promotion of
quality
employment opportunities and job growth. The policies and implementation
techniques
must
be identified for inclusion in the implementation program element.
(5) Natural and cultural resources element. - Provides an inventory of the
significant
natural
resource areas as water, soils, prime agricultural lands, natural vegetation
systems,
wildlife,
watersheds, wetlands, aquifers, coastal features, flood plains, and other
natural
resources,
and the policies for the protection and management of these areas. The element
includes
policies for the protection of the historic and cultural resources of the
municipality and
the
state. The policies and implementation techniques must be identified for
inclusion in the
implementation
program element.
(6) Services and facilities element. - Provides an inventory of existing and
forecasted
needs
for facilities and services used by the public as, but not limited to,
educational facilities,
public
safety, water, sanitary sewers, libraries, and community facilities. The
policies and
implementation
techniques must be identified for inclusion in the implementation program
element.
(7) Open space and recreation element. - Includes an inventory of recreational
resources,
open
space areas, and recorded access to these resources and areas. The element must
also
contain
an analysis of forecasted needs and policies for the management and protection
of these
resources
and areas. The policies and implementation techniques must be identified for
inclusion
in
the implementation program element.
(8) Circulation element. - Consists of the inventory and analysis of existing
and proposed
major
circulation systems, street patterns, and any other modes of transportation in
coordination
with
the land use element. The policies and implementation techniques must be
identified for
inclusion
in the implementation program element.
(9) Implementation program.
(i) A statement which defines and schedules for a period of five (5) years or
more the
specific
public actions to be undertaken in order to achieve the goals and objectives of
each
element
of the comprehensive plan. Scheduled expansion or replacement of public
facilities, and
the
anticipated costs and revenue sources proposed to meet those costs reflected in
a
municipality's
capital improvement program, must be included in the implementation program.
(ii) The implementation program identifies the public actions necessary to
implement the
objectives
and standards of each element of the comprehensive plan that require the
adoption or
amendment
of codes and ordinances by the governing body of the municipality.
(iii) The implementation program identifies other public authorities or
agencies owning
water
supply facilities or providing water supply services to the municipality, and
coordinates the
goals
and objectives of the comprehensive plan with the actions of public authorities
or agencies
with
regard to the protection of watersheds as provided in section 46-15.3-1, et
seq.
(iv) The implementation program must detail the timing and schedule of
municipal
actions
required to amend the zoning ordinance and map to conform to the comprehensive
plan.
45-22.2-9.
State review of local comprehensive plans. -- (a) There is established
a
program
of comprehensive planning review to promote the preparation and implementation
of
local
comprehensive plans, and to provide technical and financial assistance to
accomplish this
purpose.
The program also ensures that all local comprehensive plans and state guide
plans are
consistent
with the state goals, findings, and intent as established by this chapter.
(b) The director is designated as the reviewing agent, and the director is
responsible for
carrying
out the provisions of this chapter and ensuring that the findings, intent, and
goals of this
chapter
are achieved. The director shall publish guidelines for the preparation of
comprehensive
plan
elements required by section 45-22.2-6.
(c) The director shall review any comprehensive plan or amendments adopted
under the
provisions
of this chapter, submitted to the director, for consistency with the goals and
intent
established
in the chapter and in the state guide plan, and in accordance with the
following
schedule:
(1) Comprehensive plans or amendments shall be submitted to the director within
thirty
(30)
days of adoption by the municipal legislative body, pursuant to section
45-22.2-8(c).
(2) Within fifteen (15) days of the receipt of a comprehensive plan the
director shall give
public
notice of the initiation of review, and shall solicit comments from regional
and state
agencies,
all municipalities contiguous to the municipality submitting the plan, update,
or
amendment,
and from interested parties. The comment period shall extend for thirty (30)
days
after
the public notice.
(3) Review of the plan, update, or amendment, and comments by the director
shall be
completed
and forwarded to the municipality as follows:
(i) Within one hundred twenty (120) days of the end of the comment period for
new
plans,
amended plans, or other amendments if any three (3) or more of the plan
elements required
by
section 45-22.2-6 are revised in any way, as compared to any plan or amendment
previously
submitted
under this chapter; or
(ii) Within thirty (30) days of the end of the comment period for amended plans
or other
amendments
that revise not more than two (2) of the plan elements required by section
45-22.2-6,
as
compared to any plan or amendment previously submitted under this chapter.
(iii) The director and the division of planning are authorized to discuss and
negotiate,
with
the municipality, concerning any aspect of a plan or amendment being reviewed
under
subdivision
(3)(i) or (3)(ii) of this subsection.
(iv) The director and the municipality submitting a plan, amended plan, or
other
amendment
may mutually agree, in writing, to reduce or extend the review period
established by
this
section.
(4) Municipalities shall correct any deficiencies reported by the director
within sixty (60)
days
of the receipt of the director's review and comments provided that the director
and the
municipality
submitting a plan, amended plan, or other amendment may mutually agree, in
writing,
to reduce or extend this period.
(5) The director shall review all corrections and related material submitted by
the
municipality
and render a final decision on the plan, update, or amendment or parts of the
plan
within
thirty (30) days of the end of the period for correction. In the event of
disapproval, the
director
shall issue findings specifically describing the deficiencies in the plan or
amendment as it
relates
to the goals and other provisions of this chapter.
(6) The review process stated in subdivisions (1) through (5) of this
subsection shall be
carried
out within a maximum time period of two hundred fifty-five (255) days under
subdivision
(3)(i),
one hundred sixty-five (165) days under subdivision (3)(ii), or the appropriate
maximum
period
determined under subdivision (3)(iv) or (4).
(7) The municipality may appeal the decision of the director to the
comprehensive plan
appeals
board. The appeal must be made within fifteen (15) days of the decision by the
director.
The
comprehensive plan appeals board shall hold a hearing on the appeal, make
findings of fact,
and
affirm, modify, or reverse the director's decision. The board shall render its
decision within
sixty
(60) days of receipt of the appeal. The municipality or director may appeal the
decision of
the
board to the supreme court. The appeal must be made within thirty (30) days of
the board's
decision.
(8) Upon approval by the director, the municipality is eligible for all
benefits and
incentives
conditioned on adoption of an approved comprehensive plan pursuant to this
chapter,
and
the municipality is allowed to submit the approved comprehensive plan or
element to any
state
agency which requires the submission of a plan as part of its requirements, and
the plan or
element
shall satisfy that requirement.
(d) Comprehensive plans, updates, and amendments shall be reviewed by the
director to
insure
that the following requirements are complied with:
(1) The goals of this chapter have been met.
(2) All required elements as stated in section 45-22.2-6 are complete.;
provided,
however,
that the state review and approval of affordable housing plans submitted to
conform
with
the provisions of chapter 45-53 shall not be contingent on requirements for
adopting and/or
updating
overall comprehensive plans or the elements thereof.
(3) All plans are consistent with the state guide plan, and embody the goals
and policies
of
the state and its departments and agencies.
(4) All plans comply with rules and regulations adopted by the state planning
council as
provided
for by section 45-22.2-10(b).
(e) The director shall also review comprehensive plans and amendments and
related
documents
to insure that the following procedures have been complied with:
(1) The planning board or commission is designated to conduct comprehensive
planning.
(2) If comprehensive planning is conducted jointly by two (2) or more
municipalities,
that
an agreement containing all required information has been executed by all
parties and filed
with
the division of planning.
(3) Each plan encompasses the entire land and water area within the
jurisdiction of the
municipality
or municipalities concerned.
(4) Adequate, uniform, and valid data have been used in preparing each plan.
(5) Each plan has been coordinated with contiguous municipalities.
(6) The public has been involved in preparation of the plan, and hearings have
been
conducted
by both the planning board or commission and the legislative body.
(7) The plan has been officially adopted in accordance with this chapter and
other
applicable
procedures.
(8) The plan has been submitted for review in accordance with statutory
deadlines.
(9) Amendments are made no more frequently than permitted by section
45-22.2-12(c);
provided,
however, that the initial adoption of amendments by a municipality in order to
comply
with
the requirements of an updated or new state guide plan element as provided for
in subsection
45-22.2-10(f)
shall not be included in determining the frequency of amendments by a
municipality.
SECTION
8. Sections 45-24-31 and 45-24-47 of the General Laws in Chapter 45-24
entitled
"Zoning Ordinances" are hereby amended to read as follows:
45-24-31.
Definitions. -- Where words or terms used in this chapter are defined
in section
45-22.2-4,
they have the meanings stated in that section. In addition, the following words
have
the
following meanings. Additional words and phrases may be used in developing
local
ordinances
under this chapter; however, the words and phrases defined in this section are
controlling
in all local ordinances created under this chapter:
(1) Abutter. - One whose property abuts, that is, adjoins at a border,
boundary, or point
with
no intervening land.
(2) Accessory Family Dwelling Unit. - An accessory dwelling unit for the
sole use of
one
or more members of the family of the occupant or occupants of the principal
residence, but
not
needing a separate means of ingress and egress. Accessory Dwelling
Unit.-- A dwelling unit:
(i)
rented to and occupied either by one or more members of the family of the
occupant or
occupants
of the principal residence; or (ii) reserved for rental occupancy by a person
or a family
where
the principal residence is owner occupied, and which meets the following
provisions:
(a)
In zoning districts that allow residential uses, no more than one accessory
dwelling
unit
may be an accessory to a single-family dwelling.
(b)
An accessory dwelling unit shall include separate cooking and sanitary
facilities, with
its
own legal means of ingress and egress and is a complete, separate dwelling
unit. The accessory
dwelling
unit shall be within or attached to the principal dwelling unit structure or
within an
existing
structure, such as a garage or barn, and designed so that the appearance of the
principal
structure
remains that of a one-family residence.
(3)
Accessory Use. - A use of land or of a building, or portion thereof,
customarily
incidental
and subordinate to the principal use of the land or building. An accessory use
may be
restricted
to the same lot as the principal use. An accessory use shall not be permitted
without the
principal
use to which it is related.
(4) Aggrieved Party. - An aggrieved party, for purposes of this chapter, shall
be:
(i) Any person or persons or entity or entities who can demonstrate that their
property
will
be injured by a decision of any officer or agency responsible for administering
the zoning
ordinance
of a city or town; or
(ii) Anyone requiring notice pursuant to this chapter.
(5) Agricultural Land. - "Agricultural land", as defined in section
45-22.2-4.
(6) Airport Hazard Area. - "Airport hazard area", as defined in
section 1-3-2.
(7) Applicant. - An owner or authorized agent of the owner submitting an
application or
appealing
an action of any official, board, or agency.
(8) Application. - The completed form or forms and all accompanying documents,
exhibits,
and fees required of an applicant by an approving authority for development
review,
approval,
or permitting purposes.
(9) Buffer. - Land which is maintained in either a natural or landscaped state,
and is used
to
screen and/or mitigate the impacts of development on surrounding areas,
properties, or rights-
of-way.
(10) Building. - Any structure used or intended for supporting or sheltering
any use or
occupancy.
(11) Building Envelope. - The three-dimensional space within which a structure
is
permitted
to be built on a lot and which is defined by regulations governing building
setbacks,
maximum
height, and bulk; by other regulations; and/or by any combination thereof.
(12) Building Height. - The vertical distance from grade, as determined by the
municipality,
to the top of the highest point of the roof or structure. The distance may
exclude
spires,
chimneys, flag poles, and the like.
(13) Cluster. - A site planning technique that concentrates buildings in
specific areas on
the
site to allow the remaining land to be used for recreation, common open space,
and/or
preservation
of environmentally, historically, culturally, or other sensitive features
and/or
structures.
The techniques used to concentrate buildings shall be specified in the
ordinance and
may
include, but are not limited to, reduction in lot areas, setback requirements,
and/or bulk
requirements,
with the resultant open land being devoted by deed restrictions for one or more
uses.
Under cluster development there is no increase in the number of lots that would
be
permitted
under conventional development except where ordinance provisions include
incentive
bonuses
for certain types or conditions of development.
(14) Common Ownership. - Either:
(i) Ownership by one or more individuals or entities in any form of ownership
of two (2)
or
more contiguous lots; or
(ii) Ownership by any association (ownership may also include a municipality)
of one or
more
lots under specific development techniques.
(15) Community Residence. - A home or residential facility where children
and/or adults
reside
in a family setting and may or may not receive supervised care. This does not
include
halfway
houses or substance abuse treatment facilities. This does include, but is not
limited, to the
following:
(i) Whenever six (6) or fewer children or adults with retardation reside in any
type of
residence
in the community, as licensed by the state pursuant to chapter 24 of title
40.1. All
requirements
pertaining to local zoning are waived for these community residences;
(ii) A group home providing care or supervision, or both, to not more than
eight (8)
persons
with disabilities, and licensed by the state pursuant to chapter 24 of title
40.1;
(iii) A residence for children providing care or supervision, or both, to not
more than
eight
(8) children including those of the care giver and licensed by the state
pursuant to chapter
72.1
of title 42;
(iv) A community transitional residence providing care or assistance, or both,
to no more
than
six (6) unrelated persons or no more than three (3) families, not to exceed a
total of eight (8)
persons,
requiring temporary financial assistance, and/or to persons who are victims of
crimes,
abuse,
or neglect, and who are expected to reside in that residence not less than
sixty (60) days
nor
more than two (2) years. Residents will have access to and use of all common
areas, including
eating
areas and living rooms, and will receive appropriate social services for the
purpose of
fostering
independence, self-sufficiency, and eventual transition to a permanent living
situation.
(16) Comprehensive Plan. - The comprehensive plan adopted and approved pursuant
to
chapter
22.2 of this title and to which any zoning adopted pursuant to this chapter
shall be in
compliance.
(17) Day Care -- Day Care Center. - Any other day care center which is not a
family day
care
home.
(18) Day Care -- Family Day Care Home. - Any home other than the individual's
home
in
which day care in lieu of parental care or supervision is offered at the same
time to six (6) or
less
individuals who are not relatives of the care giver, but may not contain more
than a total of
eight
(8) individuals receiving day care.
(19) Density, Residential. - The number of dwelling units per unit of land.
(20) Development. - The construction, reconstruction, conversion, structural
alteration,
relocation,
or enlargement of any structure; any mining, excavation, landfill or land
disturbance;
or
any change in use, or alteration or extension of the use, of land.
(21) Development Plan Review. - The process whereby authorized local officials
review
the
site plans, maps, and other documentation of a development to determine the
compliance with
the
stated purposes and standards of the ordinance.
(22) District. - See "zoning use district".
(23) Drainage System. - A system for the removal of water from land by drains,
grading,
or
other appropriate means. These techniques may include runoff controls to
minimize erosion
and
sedimentation during and after construction or development, the means for
preserving surface
and
groundwaters, and the prevention and/or alleviation of flooding.
(24) Dwelling Unit. - A structure or portion of a structure providing complete,
independent
living facilities for one or more persons, including permanent provisions for
living,
sleeping,
eating, cooking, and sanitation, and containing a separate means of ingress and
egress.
(25) Extractive Industry. - The extraction of minerals, including: solids, such
as coal and
ores;
liquids, such as crude petroleum; and gases, such as natural gases. The term
also includes
quarrying;
well operation; milling, such as crushing, screening, washing, and flotation;
and other
preparation
customarily done at the extraction site or as a part of the extractive
activity.
(26) Family. - A person or persons related by blood, marriage, or other legal
means. See
also
"Household".
(27) Floating Zone. - An unmapped zoning district adopted within the ordinance
which
is
established on the zoning map only when an application for development, meeting
the zone
requirements,
is approved.
(28) Floodplains, or Flood Hazard Area. - As defined in section 45-22.2-4.
(29) Groundwater. - "Groundwater" and associated terms, as defined in
section 46-13.1-
3.
(30) Halfway House. - A residential facility for adults or children who have
been
institutionalized
for criminal conduct and who require a group setting to facilitate the
transition to
a
functional member of society.
(31) Hardship. - See section 45-24-41.
(32) Historic District, or Historic Site. - As defined in section 45-22.2-4.
(33) Home Occupation. - Any activity customarily carried out for gain by a
resident,
conducted
as an accessory use in the resident's dwelling unit.
(34) Household. - One or more persons living together in a single dwelling
unit, with
common
access to, and common use of, all living and eating areas and all areas and
facilities for
the
preparation and storage of food within the dwelling unit. The term
"household unit" is
synonymous
with the term "dwelling unit" for determining the number of units
allowed within
any
structure on any lot in a zoning district. An individual household shall consist
of any one of
the
following:
(i) A family, which may also include servants and employees living with the
family; or
(ii) A person or group of unrelated persons living together. The maximum number
may
be
set by local ordinance, but this maximum shall not be less than three (3).
(35) Incentive Zoning. - The process whereby the local authority may grant
additional
development
capacity in exchange for the developer's provision of a public benefit or
amenity as
specified
in local ordinances.
(36) Infrastructure. - Facilities and services needed to sustain residential,
commercial,
industrial,
institutional, and other activities.
(37) Land Development Project. - A project in which one or more lots, tracts,
or parcels
of
land are to be developed or redeveloped as a coordinated site for a complex of
uses, units, or
structures,
including, but not limited to, planned development and/or cluster development
for
residential,
commercial, institutional, recreational, open space, and/or mixed uses as may
be
provided
for in the zoning ordinance.
(38) Lot. - Either:
(i) The basic development unit for determination of lot area, depth, and other
dimensional
regulations; or
(ii) A parcel of land whose boundaries have been established by some legal
instrument
such
as a recorded deed or recorded map and which is recognized as a separate legal
entity for
purposes
of transfer of title.
(39) Lot Area. - The total area within the boundaries of a lot, excluding any
street right-
of-way,
usually reported in acres or square feet.
(40) Lot Building Coverage. - That portion of the lot that is or may be covered
by
buildings
and accessory buildings.
(41) Lot Depth. - The distance measured from the front lot line to the rear lot
line. For
lots
where the front and rear lot lines are not parallel, the lot depth is an
average of the depth.
(42) Lot Frontage. - That portion of a lot abutting a street. A zoning
ordinance shall
specify
how noncontiguous frontage will be considered with regard to minimum frontage
requirements.
(43) Lot Line. - A line of record, bounding a lot, which divides one lot from
another lot
or
from a public or private street or any other public or private space and shall
include:
(i) Front: the lot line separating a lot from a street right-of-way. A zoning
ordinance shall
specify
the method to be used to determine the front lot line on lots fronting on more
than one
street,
for example, corner and through lots;
(ii) Rear: the lot line opposite and most distant from the front lot line, or
in the case of
triangular
or otherwise irregularly shaped lots, an assumed line at least ten feet (10')
in length
entirely
within the lot, parallel to and at a maximum distance from the front lot line;
and
(iii) Side: any lot line other than a front or rear lot line. On a corner lot,
a side lot line
may
be a street lot line, depending on requirements of the local zoning ordinance.
(44) Lot, Through. - A lot which fronts upon two (2) parallel streets, or which
fronts
upon
two (2) streets which do not intersect at the boundaries of the lot.
(45) Lot Width. - The horizontal distance between the side lines of a lot
measured at
right
angles to its depth along a straight line parallel to the front lot line at the
minimum front
setback
line.
(46) Mere Inconvenience. - See section 45-24-41.
(47) Mixed Use. - A mixture of land uses within a single development, building,
or tract.
(48) Modification. - Permission granted and administered by the zoning
enforcement
officer
of the city or town, and pursuant to the provisions of this chapter to grant a
dimensional
variance
other than lot area requirements from the zoning ordinance to a limited degree
as
determined
by the zoning ordinance of the city or town, but not to exceed twenty-five
percent
(25%)
of each of the applicable dimensional requirements.
(49) Nonconformance. - A building, structure, or parcel of land, or use
thereof, lawfully
existing
at the time of the adoption or amendment of a zoning ordinance and not in
conformity
with
the provisions of that ordinance or amendment. Nonconformance is of only two
(2) types:
(i) Nonconforming by use: a lawfully established use of land, building, or
structure
which
is not a permitted use in that zoning district. A building or structure
containing more
dwelling
units than are permitted by the use regulations of a zoning ordinance is
nonconformity
by
use; or
(ii) Nonconforming by dimension: a building, structure, or parcel of land not
in
compliance
with the dimensional regulations of the zoning ordinance. Dimensional
regulations
include
all regulations of the zoning ordinance, other than those pertaining to the
permitted uses.
A
building or structure containing more dwelling units than are permitted by the
use regulations
of a
zoning ordinance is nonconforming by use; a building or structure containing a
permitted
number
of dwelling units by the use regulations of the zoning ordinance, but not
meeting the lot
area
per dwelling unit regulations, is nonconforming by dimension.
(50) Overlay District. - A district established in a zoning ordinance that is
superimposed
on
one or more districts or parts of districts and that imposes specified
requirements in addition
to,
but not less, than those otherwise applicable for the underlying zone.
(51) Performance Standards. - A set of criteria or limits relating to elements
which a
particular
use or process must either meet or may not exceed.
(52) Permitted Use. - A use by right which is specifically authorized in a
particular
zoning
district.
(53) Planned Development. - A "land development project", as defined
in section 45-24-
31(37),
and developed according to plan as a single entity and containing one or more
structures
and/or
uses with appurtenant common areas.
(54) Preapplication Conference. - A review meeting of a proposed development
held
between
applicants and reviewing agencies as permitted by law and municipal ordinance,
before
formal
submission of an application for a permit or for development approval.
(55) Setback Line or Lines. - A line or lines parallel to a lot line at the
minimum distance
of
the required setback for the zoning district in which the lot is located that
establishes the area
within
which the principal structure must be erected or placed.
(56) Site Plan. - The development plan for one or more lots on which is shown
the
existing
and/or the proposed conditions of the lot.
(57) Special Use. - A regulated use which is permitted pursuant to the
special-use permit
issued
by the authorized governmental entity, pursuant to section 45-24-42. Formerly
referred to
as a
special exception.
(58) Structure. - A combination of materials to form a construction for use,
occupancy,
or
ornamentation, whether installed on, above, or below, the surface of land or
water.
(59) Substandard Lot of Record. - Any lot lawfully existing at the time of
adoption or
amendment
of a zoning ordinance and not in conformance with the dimensional and/or area
provisions
of that ordinance.
(60) Use. - The purpose or activity for which land or buildings are designed,
arranged, or
intended,
or for which land or buildings are occupied or maintained.
(61) Variance. - Permission to depart from the literal requirements of a zoning
ordinance.
An
authorization for the construction or maintenance of a building or structure,
or for the
establishment
or maintenance of a use of land, which is prohibited by a zoning ordinance.
There
are
only two (2) categories of variance, a use variance or a dimensional variance.
(i) Use Variance. - Permission to depart from the use requirements of a zoning
ordinance
where
the applicant for the requested variance has shown by evidence upon the record
that the
subject
land or structure cannot yield any beneficial use if it is to conform to the
provisions of the
zoning
ordinance.
(ii) Dimensional Variance. - Permission to depart from the dimensional
requirements of
a
zoning ordinance, where the applicant for the requested relief has shown, by
evidence upon the
record,
that there is no other reasonable alternative way to enjoy a legally permitted
beneficial use
of
the subject property unless granted the requested relief from the dimensional
regulations.
However,
the fact that a use may be more profitable or that a structure may be more
valuable after
the
relief is granted are not grounds for relief.
(62) Waters. - As defined in section 46-12-1(23).
(63) Wetland, Coastal. - As defined in section 45-22.2-4.
(64) Wetland, Freshwater. - As defined in section 2-1-20.
(65) Zoning Certificate. - A document signed by the zoning enforcement officer,
as
required
in the zoning ordinance, which acknowledges that a use, structure, building, or
lot either
complies
with or is legally nonconforming to the provisions of the municipal zoning
ordinance or
is an
authorized variance or modification therefrom.
(66) Zoning Map. - The map or maps which are a part of the zoning ordinance and
which
delineate
the boundaries of all mapped zoning districts within the physical boundary of
the city or
town.
(67) Zoning Ordinance. - An ordinance enacted by the legislative body of the
city or
town
pursuant to this chapter and in the manner providing for the adoption of
ordinances in the
city
or town's legislative or home rule charter, if any, which establish regulations
and standards
relating
to the nature and extent of uses of land and structures, which is consistent
with the
comprehensive
plan of the city or town as defined in chapter 22.2 of this title, which
includes a
zoning
map, and which complies with the provisions of this chapter.
(68) Zoning Use District. - The basic unit in zoning, either mapped or
unmapped, to
which
a uniform set of regulations applies, or a uniform set of regulations for a
specified use.
Zoning
use districts include, but are not limited to: agricultural, commercial,
industrial,
institutional,
open space, and residential. Each district may include sub-districts. Districts
may be
combined.
45-24-47.
Special provisions -- Land development projects. -- (a) A zoning
ordinance
may
provide for land development projects which are projects in which one or more
lots, tracts,
or
parcels of land are to be developed or redeveloped as a coordinated site for a
complex of uses,
units,
or structures, including, but not limited to, planned development and/or
cluster
development
for residential, commercial, institutional, industrial, recreational, open
space, and/or
mixed
uses as may be provided for in the zoning ordinance.
(b) A zoning ordinance adopted pursuant to this chapter which permits or
requires the
creation
of land development projects in one or more zoning districts shall
requires that any land
development
project is referred to the city or town planning board or commission for
approval, in
accordance
with the procedures established by chapter 23 of this title, including those
for appeal
and
judicial review, and with any ordinances or regulations adopted pursuant to the
procedures,
whether
or not the land development project constitutes a "subdivision", as
defined in chapter 23
of
this title. No land development project shall be initiated until a plan of the
project has been
submitted
to the planning board or commission and approval has been granted by the
planning
board
or commission. In reviewing, hearing, and deciding upon a land development
project, the
city
or town planning board or commission may be empowered to allow zoning
incentives within
the
project; provided, that standards for the adjustments are described in the
zoning ordinance,
and
may be empowered to apply any special conditions and stipulations to the
approval that may,
in
the opinion of the planning board or commission, be required to maintain harmony
with
neighboring
uses and promote the objectives and purposes of the comprehensive plan and
zoning
ordinance.
(c) In regulating land development projects, an ordinance adopted pursuant to
this
chapter
may include, but is not limited to, regulations governing the following:
(1) A minimum area or site size for a land development project;
(2) Uses to be permitted within the development;
(3) Ratios of residential to nonresidential uses where applicable;
(4) Maximum density per lot and maximum density for the entire development,
with
provisions
for adjustment of applicable lot density and dimensional standards where open
space is
to be
permanently set aside for public or common use, and/or where the physical
characteristics,
location,
or size of the site require an adjustment, and/or where the location, size, and
type of
housing,
commercial, industrial, or other use require an adjustment, and/or where
housing for low
and
moderate income families is to be provided, or where other amenities not
ordinarily required
are
provided, as stipulated in the zoning ordinance. Provision may be made for
adjustment of
applicable
lot density and dimensional standards for payment or donation of other land or
facilities
in lieu of an on-site provision of an amenity that would, if provided on-site,
enable an
adjustment;
(5) Roads, driveways, utilities, parking, and other facilities; regulations may
distinguish
between
those facilities intended to remain in private ownership or to be dedicated to
the public;
and
(6) Buffer areas, landscaping, screening, and shading.
(d) (1) A zoning ordinance provides that requiring open land provided
by in a cluster
development
or other land development project for public or common use, shall provide
that such
open
land
either: (i) be conveyed to the city or town and accepted by it for park, open
space,
agricultural,
or other specified use or uses, or (ii) be conveyed to a nonprofit
organization, the
principal
purpose of which is the conservation of open space or resource protection, or
(iii) be
conveyed
to a corporation or trust owned or to be owned by the owners of lots or units
within the
development,
or owners of shares within a cooperative development. If such a corporation or
trust
is
used, ownership shall pass with conveyances of the lots or units, or (iv)
remain in private
ownership
if the use is limited to agriculture, habitat or forestry, and the city or town
has set forth
in
its community comprehensive plan and zoning ordinance that private ownership is
necessary
for
the preservation and management of the agricultural, habitat or forest
resources.
(2) In any case where the land is not conveyed to the city or town:
(i) A restriction, in perpetuity, enforceable by the city or town or by any
owner of
property
in the cluster or other land development project in which the land is located
shall be
recorded
providing that the land is kept in the authorized condition(s) and not built
upon or
developed
for accessory uses such as parking or roadway; and
(ii) The developmental rights and other conservation easements on the land may
be held,
in
perpetuity, by a nonprofit organization, the principal purpose of which is the
conservation of
open
space or resource protection.
(3) All open space land provided by a cluster development or other land
development
project
shall be subject to a community approved management plan that will specify the
permitted
uses
for the open space.
SECTION
9. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is
hereby
amended
by adding thereto the following section:
45-24-46.1.
Inclusionary zoning. -- 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 subsection 42-128-8.1(d)(1), that the affordable housing will
constitute not
less
than ten percent (10%) of the total units in the development, and that the
units will remain
affordable
for a period of not less than thirty (30) years from initial occupancy enforced
through a
land
lease and/or deed restriction enforceable by the municipality and the state of
Rhode Island.
SECTION
10. Sections 45-53-3, 45-53-5 and 45-53-6 of the General Laws in Chapter 45-
53
entitled "Low and Moderate Income Housing" are hereby amended to read
as follows:
45-53-3.
Definitions. -- The following words, wherever used in this chapter,
unless a
different
meaning clearly appears from the context, have the following meanings:
(1) "Comprehensive plan" means a comprehensive plan adopted and
approved by a city
or
town pursuant to chapters 22.2 and 22.3 of this title.
(2) "Consistent with local needs" means local zoning or land use
ordinances,
requirements,
and regulations are considered consistent with local needs if they are
reasonable in
view
of the state need for low and moderate income housing, considered with the
number of low
income
persons in the city or town affected and the need to protect the health and
safety of the
occupants
of the proposed housing or of the residence of the city or town, 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 a city or town
council after
comprehensive
hearing in a city or town where:
(i) Low or moderate income housing exists which is: (A) in the case of an urban
city or
town
which has at least 5,000 occupied year-round rental units and the units,
as reported in the
latest
decennial census of the city or town, comprise twenty-five percent (25%) or
more of the
year-round housing units, is in
excess of fifteen percent (15%) of the total occupied year-round
rental
units; or (B) in the case of all other cities or towns, is in excess of ten
percent (10%) of the
year-round housing units reported
in the census.
(ii) The city or town has promulgated zoning or land use ordinances,
requirements, and
regulations
to implement a comprehensive plan which has been adopted and approved pursuant
to
chapters
22.2 and 22.3 of this title, and the housing element of the comprehensive plan
provides
for
low and moderate income housing in excess of either ten percent (10%) of the year-round
housing
units or fifteen percent (15%) of the occupied year-round rental housing
units as
provided
in subdivision (2) (i).
(3) "Infeasible" means any condition brought about by any single factor
or combination
of
factors, as a result of limitations imposed on the development by conditions
attached to the
zoning
approval, to the extent that it makes it impossible for a public agency,
nonprofit
organization,
or limited equity housing cooperative to proceed in building or operating low
or
moderate
income housing without financial loss, within the limitations set by the
subsidizing
agency
of government, on the size or character of the development, on the amount or
nature of
the
subsidy, or on the tenants, rentals, and income permissible, and without
substantially
changing
the rent levels and unit sizes proposed by the public agency, nonprofit
organization, or
limited
equity housing cooperative.
(4) "Local board" means any town or city official, zoning
board of review, planning
board
or commission, platting board of review, or building inspector; or the
officer or board of
appeal
or zoning enforcement officer, local conservation commission, historic district
commission,
or other municipal
board having supervision of the construction of buildings or the
power
of enforcing municipal building, land use regulations, such as
subdivision, or zoning laws.;
or
the city council or town council.
(5) "Low or moderate income housing" means any housing subsidized by
the federal, or
state,
or municipal government under any program to assist the construction or
rehabilitation of
housing
as low
or moderate income housing, as defined in the applicable federal or state
statute,
or
local ordinance
whether built or operated by any public agency or any nonprofit organization,
or by
any limited equity housing cooperative or any private developer, that will
remain affordable
for
ninety-nine (99) years or such other period that is either agreed to by the
applicant and town
but
shall not be for a period of less than thirty (30) years from initial occupancy
through a land
lease
and/or deed restriction or prescribed by the federal or state subsidy program
but shall not be
for
a period less than thirty (30) years from initial occupancy through a land
lease and/or deed
restriction.
(6)
“Affordable housing plan” means a component of a housing element, as defined in
section
45–22.2-4(33), to meet housing needs in a city or town that is prepared in
accordance with
guidelines
adopted by the state planning council, and/or to meet the provisions of
subsections 45-
53-4
(b)(1) and (c).
(7)
“Approved affordable housing plan” means an affordable housing plan that has
been
approved
by the director of administration as meeting the guidelines for the local
comprehensive
plan
as promulgated by the state planning council; provided, however, that state
review and
approval,
for plans submitted by December 31, 2004, shall not be contingent on the city
or town
having
completed, adopted, or amended its comprehensive plan as provided for in
sections 45-
22.2-8,
45-22.2-9, or 45-22.2-12.
(8)
“Letter of eligibility” means a letter issued by the Rhode Island Housing and
Mortgage
Finance Corporation in accordance with subsection 42-55-5.3(a).
(9)
“Local review board” means the planning board as defined by section
45-22.2-4(24),
or
if designated by ordinance as the board to act on comprehensive permits for the
town, the
zoning
board of review established pursuant to section 45-24-56.
(10)
“Meeting housing needs” means adoption of the implementation program of an
approved
affordable housing plan and the absence of unreasonable denial of applications
that are
made
pursuant to an approved affordable housing plan in order to accomplish the
purposes and
expectations
of the approved affordable housing plan.
(11)
“Municipal government subsidy” means assistance that is made available through
a
city
or town program sufficient to make housing affordable, as affordable housing is
defined in
subsection
42-128-8.1(d)(1); such assistance may include, but is not limited to, direct
financial
support,
abatement of taxes, waiver of fees and charges, and approval of density bonuses
and/or
internal
subsidies, and any combination of forms of assistance.
45-53-5.
Appeals to state housing appeals board -- Judicial review. – (a) Whenever
an
application
filed under the provisions of section 45-53-4 is denied, or is granted with
conditions
and
requirements that make the building or operation of the housing infeasible, the
applicant has
the
right to appeal to the state housing appeals board established by section
45-53-7, for a review
of
the application. The appeal shall be taken within twenty (20) days after the
date of the notice of
the
decision by the zoning local review board of review by
filing with the appeals board a
statement
of the prior proceedings and the reasons upon which the appeal is based.
(b)
The appeals board shall immediately notify the zoning local review
board of review
of
the filing of the petition for review and the latter shall, within ten (10)
days of the receipt of the
notice,
transmit a copy of its decision and the reasons for that decision to the
appeals board.
(c)
The appeal shall be heard by the appeals board within twenty (20) days after
the
receipt
of the applicant's statement. A stenographic record of the proceedings shall be
kept and
the
appeals board shall render a written decision and order, based upon a majority
vote, stating its
findings
of fact, and its conclusions and the reasons for those conclusions, within
thirty (30) days
after
the termination of the hearing, unless the time has been extended by mutual
agreement
between
the appeals board and the applicant. The decision and order may be appealed in
the
supreme
court.
45-53-6.
Power of state housing appeals board. - - (a) The state housing
appeals board
shall
have the powers to: (i) adopt, amend and repeal rules and regulations that are
consistent with
this
chapter and are necessary to implement the requirements of sections 45-53-5,
45-53-6, and
45-53-7;
(ii) receive and expend state appropriations; and (iii) establish a reasonable
fee schedule,
which
may be waived, to carry out its duties.
(a)(b)
In hearing the appeal, the state housing appeals board shall determine whether,:
(i)
in
the case of the denial of an application, the decision of the zoning local
review board of review
was consistent
with an approved affordable housing plan, or if the town does not have an
approved
affordable housing plan, was reasonable and consistent with local needs;
and, (ii) in the
case
of an approval of an application with conditions and requirements imposed, whether
those
conditions
and requirements make the construction or operation of the housing infeasible
and
whether
they are those conditions and requirements are consistent with an
approved affordable
housing
plan, or if the town does not have an approved affordable housing plan, are consistent
with
local needs.
(b)(c) The standards for reviewing the appeal include, but are
not limited to:
(1) The consistency of the decision to deny or condition the permit with the
approved
affordable
housing plan and/or approved comprehensive plan;
(2) The extent to which the community meets or plans to meet housing needs,
as defined
in
an affordable housing plan, including, but not limited to, the ten percent (10%) standard
goal
for existing
low and moderate income housing units as a proportion of year-round housing;
(3) The consideration of the health and safety of existing residents;
(4) The consideration of environmental protection; and
(5) The extent to which the community applies local zoning ordinances and
special
exception
procedures evenly on subsidized and unsubsidized housing applications alike.
(c)(d) If the appeals board finds, in the case of a denial, that
the decision of the zoning
local
review
board of review was unreasonable and not consistent with local plans
and local
needs,
it shall vacate the decision and issue a decision and order approving the
application,
denying
the application, or approving with various conditions consistent with local
needs.
If the
appeals
board finds, in the case of an approval with conditions and requirements
imposed, that the
decision
of the zoning local review board of review makes the
building or operation of the
housing
infeasible, and is not consistent with local needs, it shall issue a decision
and order,
modifying
or removing any condition or requirement so as to make the proposal no longer
infeasible,
and approving the application; provided, that the appeals board shall not issue
any
decision
and order that would permit the building or operation of the housing in
accordance with
standards
less safe than the applicable building and site plan requirements of the
federal
department
of housing and urban development or the Rhode Island housing and mortgage finance
corporation,
whichever agency is financially assisting the housing. Decisions or conditions
and
requirements
imposed by a zoning local review board of review that are
consistent with approved
affordable
housing plans and/or with local needs shall not be vacated, modified, or removed by
the
appeals board notwithstanding that the decision or conditions and requirements
have the
effect
of denying or making the applicant's proposal infeasible.
(d)(e) The appeals board or the applicant has the power to
enforce the orders of the
appeals
board by an action brought in the supreme court. The zoning local
review board of review
shall
carry out the decision and order of the appeals board within thirty (30) days
of its entry and,
upon
failure to do so, the decision and order of the appeals board is, for all
purposes, deemed to
be
the action of the zoning local review board of review,
unless the applicant consents to a
different
decision or order by the zoning local review board of review.
The decision and order of
the
appeals board is binding on the city or town, which shall immediately issue any
and all
necessary
permits and approvals to allow the construction and operation of the housing as
approved
by the appeals board.
(f)
The state housing appeals board shall:
(1)
Upon an appeal of the applicant prior to August 1, 2004, rule on December 1,
2004,
on
the substantial completeness of applications as of February 13, 2004, that were
affected by the
moratorium
established by subsection 4 (b) of this chapter.
(A)
The determination of substantial completeness shall be based on whether there
was
on
or before February 13, 2004, substantial completeness of substantially all of
the following:
(i)
a written request to the zoning board of review to submit a single application
to build
or
rehabilitate low or moderate income housing in lieu of separate applications to
the application
local
boards;
(ii)
a written list of variances, special use permits and waivers requested to local
requirements
and regulations, including local codes, ordinances, by-laws or regulations,
including
any
requested waivers from the land development or subdivisions regulations, and a
proposed
timetable
for completion of the project;
(iii)
evidence of site control;
(iv)
evidence of eligibility for a state or federal government subsidy, including a
letter
from
the funding agency indicating the applicant and the project;
(v) site development plans showing the locations and outlines of proposed
buildings; the
proposed
location, general dimensions and materials for street, drives, parking areas,
walks and
paved
areas; proposed landscaping improvements and open areas within the site; and
the
proposed
location and types of sewage, drainage and water facilities;
(vi)
a report on existing site conditions and a summary of conditions in the
surrounding
areas,
showing the location and nature of existing buildings, existing street
elevations, traffic
patterns
and character of open areas, including wetlands and flood plains, in the
neighborhood;
(vii)
a tabulation of proposed buildings by type, size (number of bedrooms, floor
area)
and
ground coverage and a summary showing the percentage of the tract to be
occupied by
buildings,
by parking and other paved vehicular areas and by open spaces;
(viii)
a master plan, if the development proposal is for a major or minor land
development
plan
or a major or minor subdivision;
(ix)
a sample land lease or deed restrictions with affordability liens that will
restrict use
as
low and moderate income housing units for a period of not less than thirty (30)
years; and
(x)
the list of all persons entitled to notice in accordance with R.I.G.L. section
45-24-53.
(B)
Notwithstanding the provisions of paragraph (A) above, if the zoning board of
review
determined
the application to be substantially complete and/or acted in manner
demonstrating that
it
considered the application substantially complete for the purposes of reviewing
the application,
the
State Housing Appeals Board shall consider the application substantially
complete.
(2)
Remand for hearing in accordance with the provisions of section 45-53-4
applications
which
are determined to be substantially complete, which hearings may be conducted
(or resume)
under
the provisions in effect on February 13, 2004, unless the applicant and the
board shall
mutually
agree that the hearing shall proceed under the provisions in effect on December
1, 2004,
which
hearings may commence on or after January 1, 2005 but shall commence not later
than
January
31, 2005, on applications in the order in which they were received by the town,
unless a
different
commencement date is mutually agreed to by the applicant and the local board
hearing
the
applications; the local review board shall not be obligated to hear, and may
deny, any
application
affected by the moratorium unless it was determined to be substantially
complete in
accordance
with the provisions of subsection 45-53-6 (f)(1), and the local review board
may
require
such additional submissions as may be specified by the town or necessary for
the review
of
the application.
(3)
Hear and decide appeals, other than those covered by subsection (1) above, for
which
it
took jurisdiction on or before May 1, 2004.
(4)
Continue to hear and decide appeals filed by nonprofit organizations.
(5)
Conduct such other business as may be reasonable and appropriate in order to
facilitate
an orderly transfer of activities to the State Housing Appeals Board as it
shall be
constituted
after January 1, 2005.
SECTION
11. Section 1 of Chapters 003 and 004 of the 2004 Public Laws are 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
§ 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 § 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.
(a)
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 percent (25%) of the housing is low or moderate
income housing.
The
application and review process for a comprehensive permit shall be as follows:
(1)
Submission requirements. Applications for a comprehensive permit shall include:
(i)
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
(ii)
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 the specific sections and provisions
of applicable
local
ordinances and regulations from which the applicant is seeking relief; and
(iii)
a proposed timetable for the commencement of construction and completion of the
project;
and
(iv)
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
(v)
identification of an approved entity that will monitor the long-term
affordability of the
low
and moderate income units; and
(vi)
a financial pro-forma for the proposed development; and
(vii)
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 R.I.G.L. section 45-23-40. 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 R.I.G.L. section 45-23-41, 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
(viii)
municipalities may impose fees on comprehensive permit applications that are
consistent
with but do not exceed fees that would otherwise be assessed for a project of
the same
scope
and type but not proceeding under this chapter, 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
(ix)
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.
(2)
Certification of completeness. The application must be certified complete or
incomplete
by the administrative officer according to the provisions of section 45-23-36;
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)
Pre-application conference. Where the comprehensive permit application proposal
is
a
major land development project or a major subdivision pursuant to chapter 23 of
title 45 a
municipality
may require an applicant proposing a project under this chapter to first
schedule a
pre-application
conference with the local review board, the technical review committee
established
pursuant to section 45-23-56, or with the administrative officer for the local
review
board
and other local officials, as appropriate. To request a pre-application
conference, the
applicant
shall submit a short description of the project in writing including the number
of units,
type
of housing, as well as a location map. The purpose of the pre-application
conference shall be
to
review a concept plan of the proposed development. 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 has 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.
(4)
Review of applications. An application filed in accordance with this chapter
shall be
reviewed
by the local review board at a public hearing in accordance with the following
provisions:
(i)
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.
(ii)
Public Notice. Public notice for all public hearings will be the same notice
required
under
local regulations for a public hearing for a preliminary plan promulgated in
accordance
with
R.I.G.L. section 45-23-42. The cost of notice shall be paid by the applicant.
(iii)
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 act
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.
(iv)
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 R.I.G.L.
Chapter
45-23 except as otherwise specified in this act.
(v)
Required findings. In taking final action on an application, 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.
(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 similar 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 run-off, and the preservation of natural,
historical or
cultural
features that contribute to the attractiveness of the community.
(6)
All proposed land developments and all subdivisions lots will have adequate and
permanent
physical access to a public street in accordance with the requirements of
section 45-
23-60
(5).
(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.
(vi)
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.
(vii)
In reviewing the comprehensive permit request, the local review board may deny
the
request
for any of the following reasons: (A) 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;
(B) 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; (C) the proposal is not in
conformance
with the comprehensive plan; (D) 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 section 45-53-3(2)(i)
being low
and
moderate income housing; or (E) concerns for the environment and the health and
safety of
current
residents have not been adequately addressed.
(viii)
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.
(ix)
If the public hearing is not convened or a decision is not rendered within the
time
allowed
in subsection (a)(4)(iii) and (iv), the application is deemed to have been
allowed and the
relevant
approval shall issue immediately; provided, however, that this provision shall
not apply
to
any application remanded for hearing in any town where more than one
application has been
remanded
for hearing provided for in subsection 45-53-6(f)(2).
(x)
Any person aggrieved by the issuance of an approval may appeal to the supreme
court.
(xi)
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.
(xii)
A town with an approved affordable housing plan and that is meeting local
housing
needs
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 and
notwithstanding the
timetables
set forth elsewhere in this section, the local review board shall 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.
(xiii)
The local review board of a town with an approved affordable housing plan shall
report
the status of implementation to the Housing Resources Commission, including the
disposition
of any applications made under the plan, as of June 30, 2006, by September 1,
2006
and
for each June 30 thereafter by September 1 through 2010. The Housing Resources
Commission
shall prepare by October 15 and adopt by December 31, a report on the status of
implementation,
which shall be submitted to the governor, the speaker, the president of the
senate
and
the chairperson of the State Housing Appeals Board, and shall find which towns
are not in
compliance
with implementation requirements.
(xiv)
Notwithstanding the provisions of section 45-53-4 in effect on February 13,
2004,
to
commence hearings within thirty (30) days of receiving an application remanded
by the State
Housing
Appeals Board pursuant to subsection 45-53-6(f)(2) shall be heard as herein
provided; in
any
town with more than one remanded application, applications may be scheduled for
hearing in
the
order in which they were received, and may be taken up sequentially, with the
thirty (30) day
requirement
for the initiation of hearings, commencing upon the decision of the earlier
filed
application.
(b)
(1) The general assembly finds and declares that in January 2004 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.
(2)
No for-profit developer shall submit a new application for comprehensive
permits
until
July 1, 2005 except by mutual agreement with the local review board.
(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.
(e)
In planning for, awarding and otherwise administering programs and funds for
housing
and for community development, state departments, agencies, boards and
commissions,
public
corporations, as defined in chapter 35-18, shall among the towns subject to the
provision
of
subsection 45-53-3(ii) give priority to the maximum extent allowable by law, to
towns with an
approved
affordable housing plan. The director of administration shall adopt not later
than
January
31, 2005, regulations to implement the provisions of this section.
SECTION
12. Section 45-53-7 of the General Laws in Chapter 45-53 entitled "Low and
Moderate
Income Housing" is hereby amended to read as follows:
45-53-7.
Housing appeals board. -- (a) There shall be within the state a
housing appeals
board
consisting of nine (9) members:
Housing
Appeals Board
Represent:
Appointed by:
1
district court judge (chair) Chief of district court
1
local zoning board member Speaker of the house
1
local planning board member President of the senate
2
city and town council members Speaker of the house
(plus
an alternate) - representing President of the senate
municipalities of various sizes (Governor)
1
affordable housing developer Governor
1
affordable housing advocate Governor
1
director of statewide planning
or
designee Self-appointed
1
director of Rhode Island housing
or
designee Self-appointed
(a)(i)
There shall be within the state a housing appeals board consisting of seven (7)
voting
members to be appointed by the governor, who shall include four (4) local
officials, who
shall
not be from the same city or town; two (2) of whom shall be from a city or town
with a
population
of less than twenty-five thousand (25,000); and two (2) of whom shall be from a
city
or
town with a population of twenty-five thousand (25,000) or greater, and shall
include one local
zoning
board member, one local planning board member, one city council member and one
town
council
member, one of the local official members shall be designated by the governor
as the
alternative
local official member who shall be a voting member of the board only in the
event that
one
or more of the other three (3) local officials is unable to serve at a hearing;
one affordable
housing
developer; one affordable housing advocate; one representative of the business
community;
and one attorney knowledgeable in land use regulation, who should be
chairperson of
the
board.
(ii)
Those members of the board as of the effective date of this act who were
appointed to
the
board by members of the general assembly shall cease to be members of the board
on the
effective
date of this act, and the governor shall thereupon nominate four (4) new
members each
of
whom shall serve for the balance of the current term of his or her predecessor.
(iii)
All other members of the commission as of the effective date of this act shall
continue
to serve for the duration of their current terms.
(iv)
All gubernatorial appointments made under this section after the effective date
of this
act
shall be subject to the advice and consent of the senate.
(b)
All appointments are for two (2) year terms; provided, that the initial
terms of
members
appointed by the speaker of the house and president of the senate are for a
period of one
year except as otherwise
provided in subsection (a)(ii) of this section, the terms of members
appointed
after December 31, 2004, shall be for three (3) years. Each member who is duly
appointed
or continued in office after January 1, 2005, shall hold office for the term
for which the
member
is appointed and until the member’s successor shall have been appointed and
qualified,
or
until the members earlier death, resignation, or removal. A member shall receive
no
compensation
for his or her services, but shall be reimbursed by the state for all
reasonable
expenses
actually and necessarily incurred in the performance of his or her official
duties. The
board
shall hear all petitions for review filed under section 45-53-5, and shall
conduct all hearings
in
accordance with the rules and regulations established by the chair. Rhode
Island housing shall
provide
space, and clerical and other assistance, as the board may require.
SECTION
13. Chapter 45-53 of the General Laws entitled "Low and Moderate Income
Housing"
is hereby amended by adding thereto the following section:
45-53-9.
Oversight commission. - - There is hereby created an oversight
commission to
be
known as “The Housing Act of 2004 Implementation Oversight Commission” to
consist of
eleven
(11) members: chair of house corporations or designee; chair of senate
commerce, housing
and
municipal government or designee; two (2) members of the house appointed by the
speaker,
one
of whom shall be from the minority party; two (2) members of the senate
appointed by the
senate
president, one of whom shall be from the minority party; two (2) designees of
the president
of
the league of cities and towns, one of whom shall be from a municipality under
twenty-five
thousand
(25,000) population, and one of whom shall be from a municipality of
twenty-five
thousand
(25,000) population or over; the executive director of Grow Smart Rhode Island;
the
executive
director of the Housing Network; and the executive director of the Rhode Island
Builders
Association.
The
purposes of the commission shall be: (a) to monitor and evaluate the
implementation
of
the act including the preparation and review, by statewide planning, of local
plans; (b) to
monitor
the development and adoption of the state strategic housing plan by the housing
resources
commission and statewide planning; (c) to review the progress reports submitted
by the
housing
resources commission; (d) to recommend any changes that may be needed in the
law;
and
(e) to assess the need for resources to accomplish housing objectives and to
make
recommendations.
Forthwith
upon the passage of this act, the members shall meet at the call of the
speaker,
and
shall elect from among themselves co-chairs, who shall be legislators.
Vacancies in said
commission
shall be filled in the manner as the original appointment.
The
commission is empowered to appoint committees, which may include persons who
are
not members of the commission. Five (5) members of the commission shall
constitute a
quorum.
All departments and agencies of the state shall furnish such advice and
information,
documentary
and otherwise, to said commission and its agents as necessary or desirable to
accomplish
the purpose set forth in this section. The speaker is hereby authorized and directed
to
provide
quarters for the commission. The commission shall report findings and
recommendations
to
the general assembly annually on or before February 15. The commission shall
expire on
March
31, 2007.
SECTION
14. Section 12 of this act shall take effect only upon the ratification and
effective
date of a constitutional amendment entitled “Joint Resolution to Approve and
Publish
and
Submit to the Electors a Proposition of Amendment to the Constitution of the
State
(Separation
of Powers).” Sections 1 through 13 inclusive shall take effect upon passage.
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LC03508/SUB
A
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