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2013 -- S 0908 | |
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LC02507 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO TOWNS AND CITIES - ZONING ORDINANCES | |
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Introduced By: Senators Bates, Hodgson, Sosnowski, E O`Neill, and Cool Rumsey | |
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Date Introduced: May 02, 2013 | |
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Referred To: Senate Housing & Municipal Government | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 45-24-46.1 of the General Laws in Chapter 45-24 entitled "Zoning |
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Ordinances" is hereby amended to read as follows: |
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45-24-46.1. |
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requirements – Fees – In – Lieu of construction and provision of affordable housing. – (a) A |
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zoning ordinance requiring the inclusion of affordable housing as part of a development shall |
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provide that the housing will be affordable housing, as defined in section 42-128-8.1(d)(1), that |
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the affordable housing will constitute not less than ten percent (10%) of the total units in the |
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development, and that the units will remain affordable for a period of not less than thirty (30) |
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years from initial occupancy enforced through a land lease and/or deed restriction enforceable by |
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the municipality and the state of Rhode Island. |
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(b) A zoning ordinance which includes inclusionary zoning may provide that the |
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affordable housing must be built on-site or utilize one or more alternative methods of production, |
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including, but not limited to, off-site construction or rehabilitation, donation of land suitable for |
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development of the required affordable units, and/or the payment of a fee-in-lieu of the |
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construction or provision of affordable housing units. |
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(c) The fee-in-lieu of the construction or provision of affordable housing shall be applied |
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on a per-unit basis. The per-unit fee shall be determined consistent with the United States |
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Department of Housing and Urban Development's maximum per-unit subsidy limits for the |
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HOME program as prescribed by subdivision 221(d)(3)(ii) of the national housing act (12 U.S.C. |
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17151(d)(3)(ii)) and 24 CFR 92.250. |
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(d) The zoning ordinance may restrict the extent to which an applicant may utilize the |
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fee-in-lieu of affordable housing option, including, but not limited to, a restriction on the |
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maximum number of units subject to the option. |
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(e) The municipality shall deposit all in-lieu payments into restricted accounts, which |
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shall be allocated and spent only for the creation and development of affordable housing within |
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the municipality serving individuals or families at or below eighty percent (80%) of the area |
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median income. The municipality shall maintain a local affordable housing board to oversee the |
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funds in the restricted accounts. If any funds within the restricted accounts are not spent within |
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five (5) years after their receipt, the municipality shall promptly transfer all unspent funds to the |
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housing resources commission or Rhode Island housing and mortgage finance corporation for the |
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purpose of promoting affordable housing within the state. |
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(f) As an alternative to the provisions of subsection (e), the municipality may elect to |
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transfer in-lieu payments promptly upon receipt or within the five (5) year period after receipt to |
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the housing resources commission or Rhode Island housing and mortgage finance corporation for |
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the purpose of promoting affordable housing within the state. |
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SECTION 2. This act shall take effect upon passage. |
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LC02507 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO TOWNS AND CITIES - ZONING ORDINANCES | |
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This act would allow inclusionary zoning ordinances to provide that affordable housing |
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must be built on-site or, in the alternative, be produced off-site, by donation and/or by the |
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payment of a fee-in-lieu of the construction or provision of affordable housing units. |
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This act would take effect upon passage. |
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LC02507 | |
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