Chapter 310
2023 -- H 6081 SUBSTITUTE A
Enacted 06/24/2023

A N   A C T
RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

Introduced By: Representatives Shekarchi, Speakman, Knight, Donovan, Tanzi, Cruz, Cortvriend, Casey, and Potter

Date Introduced: March 03, 2023

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 45-53-3 and 45-53-4 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 Definitions -- Effective January 1, 2024.
     The following words, wherever used in this chapter, unless a different meaning clearly
appears from the context, have the following meanings:
     (1) "Adjustment(s)" means a request, or requests by the applicant to seek relief from the
literal use and dimensional requirements of the municipal zoning ordinance and/or the design
standards or requirements of the municipal land development and subdivision regulations. The
standard for the local review board’s consideration of adjustments is set forth in § 45-53-
4(D)(2)(iii)(E)(II)45-53-4(d)(2)(iii)(E)(II).
     (1)(2) “Affordable housing plan” means a component of a housing element, as defined in
§ 45-22.2-4(1), to meet that adresses 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 § 45-53-
4(b)(1) and (c).
     (2)(3) “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 § 45-22.2-8, §
45-22.2-9, or § 45-22.2-9.
     (3)(4) “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.
     (4)(5) “Consistent with local needs” means 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 residents 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 a 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, and 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 that 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 (4)(i).
     (iii) Multi-family rental units built under a comprehensive permit may be calculated
towards meeting the requirements of a municipality’s low- or moderate-income housing inventory,
as long as the units meet and are in compliance with the provisions of § 45-53-3.1.
     (5)(6) “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
approval of the comprehensive permit, to the extent that it makes it impossible for a public agency,
nonprofit organization, or limited equity housing cooperative financially or logistically
impracticable for any applicant to proceed in building or operating low- or moderate-income
housing without financial loss, within the limitations set by the subsidizing agency of government
or local review board, 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 applicant.
     (6)(7) “Letter of eligibility” means a letter issued by the Rhode Island housing and
mortgage finance corporation in accordance with § 42-55-5.3(a).
     (7) “Local board” means any town or city official, zoning board of review, planning board
or commission, 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 land use regulations, such as subdivision, or zoning laws.
     (8) “Local review board” means the planning board as defined by § 45-22.2-4(20), or if
designated by ordinance as the board to act on comprehensive permits for the town, the zoning
board of review established pursuant to § 45-24-56.
     (9) “Low- or moderate-income housing” shall be synonymous with “affordable housing”
as defined in § 42-128-8.1, and further means any housing whether built or operated by any public
agency or any nonprofit organization or by any limited equity housing cooperative or any private
developer, that is subsidized by a federal, state, or municipal government subsidy under any
program to assist the construction or rehabilitation of housing affordable housing to low- or
moderate-income households, as defined in the applicable federal or state statute, or local ordinance
and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99)
years or such other period that is either agreed to by the applicant and town or prescribed by the
federal, state, or municipal government subsidy program but that is not less than thirty (30) years
from initial occupancy.
     (10) “Meeting local housing needs” means as a result of the 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, and a showing that at least
twenty percent (20%) of the total residential units approved by a local review board or any other
municipal board in a calendar year are for low- and moderate-income housing as defined in § 42-
128-8.1.
     (11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island
housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight
set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4.
     (12) “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 §
42-128-8.1(d)(1); such assistance may shall include a combination of, 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, zoning incentives, and adjustments as defined in this section and any
combination of forms of assistance.
     45-53-4. Procedure for approval of construction of low- or moderate-income housing
Procedure for approval of construction of low- or moderate-income housing -- Effective
January 1, 2024.
     (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.
     (b) Municipal government subsidies, including adjustments and zoning incentives, are to
be made available to applications under this chapter to offset the differential costs of the low- or
moderate-incoming housing units in a development under this chapter. At a minimum, the
following zoning incentives shall be allowed for projects submitted under this chapter:
     (1) Density bonus. A municipality shall provide an applicant with more dwelling units than
allowed by right under its zoning ordinance in the form of a density bonus to allow an increase in
the allowed dwelling units per acre (DU/A), as well as other incentives and municipal government
subsidies as defined in § 45-53-3. Furthermore, a municipality shall provide, at a minimum, the
following density bonuses for projects submitted under this chapter, provided that the total land
utilized in the density calculation shall exclude wetlands,; wetland buffers,; area devoted to
infrastructure necessary for development; and easements or rights of way of record:
     (i) For properties connected to public sewer and water, or eligible to be connected to public
sewer and water based on written confirmation from each respective service provider, the density
bonus for a project which that provides at least twenty-five percent (25%) low- and moderate-
income housing shall be at least five (5) units per acre;
     (ii) For properties connected to public sewer and water, or eligible to be connected to public
sewer and water based on written confirmation from each respective service provider, the density
bonus for a project which that provides at least fifty percent (50%) low- and moderate-income
housing shall be at least nine (9) units per acre;
     (iii) For properties connected to public sewer and water, or eligible to be connected to
public sewer and water based on written confirmation from each respective service provider, the
density bonus for a project which that provides one hundred percent (100%) low- and moderate-
income housing shall be at least twelve (12) units per acre;
     (iv) For properties not connected to either public water or sewer or both, but which provide
competent evidence as to the availability of water to service the development and/or a permit for
on-site wastewater treatment facilities to service the dwelling units from the applicable state
agency, the density bonus for a project which that provides at least twenty-five percent (25%) low-
and moderate-income housing shall be at least three (3) units per acre;
     (v) For properties not connected to either public water or sewer or both, but which provide
competent evidence as to the availability of water to service the development and/or a permit for
on-site wastewater treatment facilities to service the dwelling units from the applicable state
agency, the density bonus for a project which that provides at least fifty percent (50%) low- and
moderate-income housing shall be at least five (5) units per acre;
     (vi) For properties not connected to either public water or sewer or both, but which provide
competent evidence as to the availability of water to service the development and/or a permit for
on-site wastewater treatment facilities to service the dwelling units from the applicable state
agency, the density bonus for a project which that provides one hundred percent (100%) low- and
moderate-income housing shall be at least eight (8) units per acre;
     (2) Parking. A municipality shall not require more than one off-street parking space per
dwelling unit for units up to and including two (2) bedrooms in applications submitted under this
chapter;
     (3) Bedrooms. A municipality shall not limit the number of bedrooms for applications
submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single
family dwelling units;
     (4) Floor area. A municipality shall not utilize floor area requirements to limit any
application, except as provided by § 45-24.3-11;
     (c) A municipality shall not restrict comprehensive permit applications and permits by any
locally adopted ordinance or policy that places a limit or moratorium on the development of
residential units.
     (d) 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 and 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; provided, that, on and after July 1, 2022, this entity shall include
the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and
acting through its monitoring agents, and these agents shall monitor the long-term affordability of
the low- and moderate-income units pursuant to § 45-53-3.2; 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 § 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 § 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 nonprofit applicant that the fees make the project
financially infeasible; and
     (xi) 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 § 45-23-36; provided, however, that for
a major land development or major subdivision, the certificate for a master plan shall be granted
within twenty-five (25) days and for a preliminary plan shall be granted within twenty-five (25)
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 ten (10) 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)(1) Pre-application conference. Where the comprehensive permit application proposal
is a major land development project or a major subdivision pursuant to chapter 23 of this title a A
municipality may require an applicant proposing a project under this chapter to first schedule
complete, or the applicant proposing a project under this chapter may request a pre-application
conference with the local review board, the technical review committee established pursuant to §
45-23-56, or with the administrative officer for the local review board and other local officials, as
appropriate. To request In advance of a pre-application conference, the applicant shall be required
to submit only a short description of the project in writing including the number of units, type of
housing, density analysis, preliminary list of adjustments needed, as well as a location map, and
conceptual site plan. The purpose of the pre-application conference shall be to review a concept
plan of the proposed development and to elicit feedback from the reviewing person or board. Upon
receipt of a request by an applicant for a pre-application conference, the municipality has shall have
thirty (30) days to schedule and hold the pre-application conference, unless a different timeframe
is agreed to by the applicant in writing. 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 preliminary
plan review 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
§ 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 section are required to hold a public
hearing on the application, and within ninety-five (95) days of issuance of the certificate of
completeness, or within such further time as is agreed to by the applicant and the local review
board, render a decision.
     (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 ninety (90) days of issuance of the certification
of completeness, or within such further amount of time as may be agreed to by the local review
board and the applicant, render a decision. Preliminary and final plan review shall be conducted
according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise
specified in this section.
     (2) Preliminary plan review.
     (i) Submission requirements.-- Applications for preliminary plan review under this chapter
shall include:
     (A) A letter of eligibility issued by the Rhode Island housing and 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
     (B) A letter signed by the authorized representative of the applicant, setting forth the
specific sections and provisions of applicable local ordinances and regulations from which the
applicant is seeking adjustments; and
     (C) A proposed timetable for the commencement of construction and completion of the
project; and
     (D) 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 included in the checklist for the preliminary plan review in the local regulations
promulgated pursuant to chapter 23 of title 45; and
     (E) 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.
     (ii) Certification of completeness. The preliminary plan application must be certified
complete or incomplete by the administrative officer according to the provisions of § 45-23-36;
provided, however, that the certificate shall be granted within twenty-five (25) days of submission
of the application. The running of the time period set forth herein will be deemed stopped upon the
issuance of a written 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 ten (10) 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.
     (iii) Review of applications. An application filed in accordance with this chapter shall be
reviewed in accordance with the following provisions:
     (A) Public hearing. A public hearing shall be noticed and held as soon as practicable after
the issuance of a certificate of completeness.
     (B) Notice. Public notice for the public hearing will be the same notice required under local
regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42.
The cost of notice shall be paid by the applicant.
     (C) Timeframe for review. The local review board shall render a decision on the
preliminary plan application within ninety (90) days of the date the application is certified
complete, or within a further amount of time that may be consented to by the applicant through the
submission of a written consent.
     (D) Failure to act. Failure of the local review board to act within the prescribed period
constitutes approval of the preliminary plan and a certificate of the administrative officer as to the
failure of the local review board to act within the required time and the resulting approval shall be
issued on request of the applicant. Further, if the public hearing is not convened or a decision is not
rendered within the time allowed in subsections (c)(2)(iii)(A) and (c)(2)(iii)(C) of this section, the
application is deemed to have been allowed and the preliminary plan approval shall be issued
immediately.
     (v)(E) Required findings for approval. In approving an application, the local review board
shall make positive findings, supported by legally competent evidence on the record that discloses
the nature and character of the observations upon which the fact finders acted, on each of the
following standard provisions, where applicable:
     (A)(I) The proposed development is consistent with local needs as identified in the local
comprehensive community plan with particular emphasis on the community’s affordable housing
plan and/or has satisfactorily addressed the issues where there may be inconsistencies.
     (B)(II) 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 adjustments are requested by the applicant, that local concerns that have been affected by
the relief granted do not outweigh the state and local need for low- and moderate-income housing.
     (C)(III) All low- and moderate-income housing units proposed are integrated throughout
the development; are compatible in scale and architectural style to the market rate units within the
project; and will be built and occupied prior to, or simultaneous with the construction and
occupancy of any market rate units.
     (D) There will be no significant negative environmental impacts from the proposed
development as shown on the final plan, with all required conditions for approval.
     (E)(IV) 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.
     (F)(V) 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 § 45-23-60(5).
     (G)(VI) 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)(F) Required findings for denial. In reviewing the comprehensive permit request, the
local review board may deny the request for any of the following reasons: (A)(I) If the city or town
has an approved affordable housing plan and is meeting housing needs, and the proposal is
inconsistent with the affordable housing plan; provided that, the local review board also finds that
the municipality has made significant progress in implementing that housing plan; (B)(II) 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)(III) The proposal is not in conformance with the
comprehensive plan; (D)(IV) The community has met or has plans to meet the goal of ten percent
(10%) of the year-round units or, in the case of an urban town or city, fifteen percent (15%) of the
occupied rental housing units as defined in § 45-53-3(4)(i) being low- and moderate-income
housing; provided that, the local review board also finds that the community has achieved or has
made significant progress towards meeting the goals required by this section; or (E)(V) Concerns
for the environment and the health and safety of current residents have not been adequately
addressed.
     (iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with the
right to extend for two (2), one-year extensions upon written request by the applicant, who must
appear before the planning board for each annual review and provide proof of valid state or federal
permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause
shown, if requested, in writing by the applicant, and approved by the local review board. The
vesting for the preliminary plan approval includes all ordinance provisions and regulations at the
time of the approval, general and specific conditions shown on the approved preliminary plan
drawings and supporting material.
     (3) Final plan review. The second and final stage of review for the comprehensive permit
project shall be done administratively, unless an applicant has requested and been granted any
waivers from the submission of checklist items for preliminary plan review, and then, at the local
review board's discretion, it may vote to require the applicant to return for final plan review and
approval.
     (i) Submission requirements. -- Applications for final plan review under this chapter shall
include:
     (A) All required state and federal permits must be obtained prior to the final plan approval
or the issuance of a building permit; and
     (B) A draft monitoring agreement which identifies an approved entity that will monitor the
long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and
     (C) 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
     (D) Those items required by local regulations promulgated pursuant to applicable state law
included in the checklist for final plan review in the local regulations promulgated pursuant to
chapter 23 of title 45, including, but not limited to:
     (I) Arrangements for completion of the required public improvements, including
construction schedule and/or financial guarantees; and
     (II) Certification by the tax collector that all property taxes are current; and
     (III) For phased projects, the final plan for phases following the first phase, shall be
accompanied by copies of as-built drawings not previously submitted of all existing public
improvements for prior phases.
     (ii) Certification of completeness. The final plan application must be certified complete or
incomplete by the administrative officer according to the provisions of § 45-23-36; provided
however, that, the certificate shall be granted within twenty-five (25) days of submission of the
application. The running of the time period set forth herein will be deemed stopped upon the
issuance of a written 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 ten (10) 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.
     (iii) Review of applications.
     (A) Timeframe for review. The reviewing authority shall render a decision on the final plan
application within forty-five (45) days of the date the application is certified complete.
     (B) Modifications and changes to plans:
     (I) Minor changes, as defined in the local regulations, to the plans approved at preliminary
plan may be approved administratively, by the administrative officer, whereupon final plan
approval may be issued. The changes may be authorized without additional public hearings, at the
discretion of the administrative officer. All changes shall be made part of the permanent record of
the project application. This provision does not prohibit the administrative officer from requesting
a recommendation from either the technical review committee or the local review board. Denial of
the proposed change(s) shall be referred to the local review board for review as a major change.
     (II) Major changes, as defined in the local regulations, to the plans approved at preliminary
plan may be approved only by the local review board and must follow the same review and public
hearing process required for approval of preliminary plans as described in subsection (c)(2)(iii) of
this section.
     (III) The administrative officer shall notify the applicant in writing within fourteen (14)
days of submission of the final plan application if the administrative officer is referring the
application to the local review board under this subsection.
     (C) Decision on final plan. An application filed in accordance with this chapter shall be
approved by the administrative officer unless such application does not satisfy conditions set forth
in the preliminary plan approval decision or such application does not have the requisite state and/or
federal approvals or other required submissions, does not post the required improvement bonds, or
such application is a major modification of the plans approved at preliminary plan.
     (D) Failure to act. Failure of the reviewing authority to act within the prescribed period
constitutes approval of the final plan and a certificate of the administrative officer as to the failure
to act within the required time and the resulting approval shall be issued on request of the applicant.
     (iv) Vesting. The approved final plan is vested for a period of two (2) years with the right
to extend for one one-year extension upon written request by the applicant, who must appear before
the planning board for the extension request. Thereafter, vesting may be extended for a longer
period, for good cause shown, if requested, in writing by the applicant, and approved by the local
review board.
     (4) Infeasibility of conditions of approval. The burden is on the applicant to show, by
competent evidence before the local review board, that proposed conditions of approval are
infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable
opportunity to respond to such proposed conditions prior to a final vote on the application.
     (5) Fees. 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, the imposition of such
fees shall not preclude a showing by an applicant that the fees make the project financially
infeasible; and
     (6) Recording of written decisions. All written decisions on applications under this chapter
shall be recorded in the land evidence records within twenty (20) days after the local review board's
vote or the administrative officer's decision, as applicable. A copy of the recorded decision shall be
mailed within one business day of recording, by any method that provides confirmation of receipt,
to the applicant and to any objector who has filed a written request for notice with the administrative
officer.
     (7) Local review board powers. 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.
     (viii)(8) Majority vote required. All local review board decisions on comprehensive
permits shall be by majority vote of the members present at the proceeding; provided that, there is
at least a quorum of the local review board present and voting at the proceeding, 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 subsections (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 § 45-53-6(f)(2).
     (x) Any person aggrieved by the issuance of an approval may appeal to the superior court
within twenty (20) days of the issuance of approval.
     (xi)(9) Construction timetable. A comprehensive permit shall expire unless construction is
started within twelve (12) months and completed within sixty (60) months of the recording of the
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)(10) For-profit developers -- Limits. A town with an approved affordable housing plan
and that is meeting local housing needs, as defined in this chapter, may by council action 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)(11) Report. 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, and 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)(12) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on
February 13, 2004, to a local review board shall commence hearings within thirty (30) days of
receiving an application remanded by the state housing appeals board pursuant to § 45-53-6(f)(2)
shall be heard as herein provided; in or superior court, as applicable. 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-day (30) requirement for the
initiation of hearings, commencing upon the decision of the earlier filed application.
     (b)(d)(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.
     (3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review
board in a town which has submitted a plan in accordance with subsection (c) of this section, shall
not be required to accept an application for a new comprehensive permit from a for-profit developer
until October 1, 2005.
     (c)(e) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i)
shall prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-
income housing as specified by § 45-53-3(4)(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 § 45-53-6(c)(2).
     (d)(f) If any provision of this section or the application thereof shall for any reason be
judged invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or
of any other provision of this chapter, 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 this chapter shall remain and continue to be in
effect for the period commencing on the day this section becomes law [February 13, 2004] and
continue until it shall expire on January 31, 2005, or until amended further.
     (e)(g) In planning for, awarding, and otherwise administering programs and funds for
housing and for community development, state departments, agencies, boards and commissions,
and public corporations, as defined in chapter 18 of title 35, shall among the towns subject to the
provision of § 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.
     (f)(h) Multi-family rental units built under a comprehensive permit may be calculated
towards meeting the requirements of a municipality’s low- or moderate-income housing inventory,
as long as the units meet and are in compliance with the provisions of § 45-53-3.1.
     SECTION 2. This act shall take effect on January 1, 2024.
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LC002127/SUB A
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