2025 -- H 5801 SUBSTITUTE A

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LC002161/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

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

     Introduced By: Representatives Speakman, Tanzi, Alzate, Kislak, Spears, Dawson,
Furtado, Casey, Boylan, and Donovan

     Date Introduced: February 27, 2025

     Referred To: House Municipal Government & Housing

     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.

     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).

     (2) “Affordable housing plan” means a component of a housing element, as defined in §

45-22.2-4(1), that addresses low- and moderate-income 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(e)(1) and (f).

     (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 is part of an approved

and unexpired 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 § 45-22.2-12.

     (4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city or

town pursuant to chapters chapter 22.2 and 22.3 of this title.

     (5) “Consistent with local needs” means reasonable in view of the state and local 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 subsection (5)(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.

     (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 financially or logistically impracticable

for any applicant to proceed in building or operating low- or moderate-income housing 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

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the applicant.

     (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).

     (8) “Local review board” means the local planning board or commission as defined by §

45-22.2-4.

     (9) “Low- or moderate-income housing” shall be synonymous with “affordable housing”

as defined in § 42-128-8.1, and further means any type of 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 affordable housing 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.

     (i) Any housing unit that qualifies under this subsection (9) and under § 42-128-8.1 shall

be counted as one whole unit toward the municipality’s requirement for low- or moderate-income

housing.

     (ii) Any mobile or manufactured home(s) that meet the requirements of § 42-128-

8.1(d)(1)(ii) but are not subsidized by a federal, state, or municipal government subsidy and/or do

not have a deed restriction or land lease as described in this subsection (9), shall count as one-half

(½) of one unit for the purpose of the calculation of the total of low- or moderate-income year-

round housing within a city or town, as long as a municipality contracts with a monitoring agent to

verify that the requirements of § 42-128-8.1(d)(1)(ii) are met for these units. Such units shall not

be required to meet the income verification requirements of § 42-128-8.1. The monitoring agent

shall provide a listing of the eligible units to Rhode Island Housing, who shall provide a report as

to the qualifying mobile or manufactured homes under this subsection (9) to the governor, speaker

of the house of representatives, senate president, and secretary of housing on an annual basis,

beginning on or before December 31, 2025.

     (iii) Low- or moderate-income housing also includes rental property located within a

municipality that is secured with a federal government rental assistance voucher.

     (iv) For the period beginning on or after July 1, 2024, any housing unit that qualifies as

low- or moderate-income housing under this subsection (9) and under § 42-128-8.1 and any rental

property secured with a federal government rental assistance voucher that does not otherwise meet

the other requirements to qualify as low- or moderate-income housing under this section shall be

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counted as one whole unit toward the municipality’s requirement for low- or moderate-income

housing, as long as a municipality confirms with the issuing authority that the voucher is in good

standing and active.

     (10) “Meeting local housing needs” means as a result of the adoption of the implementation

program of an approved affordable housing plan, 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 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.

     (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 density bonuses, 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

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calculation shall exclude wetlands; wetland buffers; area devoted to roadway 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 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 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 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 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 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 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-

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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) Pre-application conference. A municipality may require an applicant proposing a

project under this chapter, who is not electing to have master plan review, to 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 as appropriate. 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 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.

     (2) Optional master plan. An applicant may elect to apply for and be heard on master plan

review prior to preliminary plan submission. If a master plan review is elected by the applicant the

following shall apply:

     (i) Submission requirements. Submission requirements for master plan review shall be

limited to the following:

     (A) An application form and fee;

     (B) A short description of the project in writing including the number of units, type of

housing, density analysis, list of adjustments needed, as well as a location map, and preliminary

determinations as to site constraints;

     (C) Conceptual site plans showing infrastructure locations for roadways, preliminary

locations and design of conceptual stormwater facilities, location of sewer and water lines and/or

wells and on-site wastewater treatment systems, locations of housing units, estimated locations of

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site constraints and wetlands;

     (D) A preliminary traffic opinion for projects of over thirty (30) dwelling units;

     (E) 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;

     (F) If the applicant submits any requests for adjustments at master plan, a public hearing

shall be held in the same manner as during preliminary plan review as set forth in this section and

the applicant shall be responsible for providing the list of abutters and all advertising costs.

     (ii) Certification of completeness. The master 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 master plan application filed in accordance with this chapter

shall be reviewed in accordance with the following provisions:

     (A) Timeframe for review. The local review board shall render a decision on the master

plan application within sixty (60) 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.

     (B) Failure to act. Failure of the local review board to act within the prescribed period

constitutes approval of the master 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.

     (C) Required findings. In voting on an application, the local review board shall make

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 the standards required for

preliminary plan review in this section, to the extent applicable at the master plan. The failure to

provide information which is required later at preliminary plan review shall not form a basis for

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denial. If the board votes to defer a finding to preliminary plan it shall do so on the record during

the proceedings and in the written decision and specify what items are necessary for review at the

preliminary plan stage in order to address that finding.

     (iv) Vesting. The approved master 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. 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 master plan approval includes all ordinance provisions and

regulations at the time of the approval, general and specific conditions shown on the approved

master plan drawings and supporting material.

     (2)(3) Preliminary plan review.

     (i) Submission requirements. Applications for preliminary plan review under this chapter

shall include:

     (A) A Unless already submitted at a master plan stage, 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 this title; 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

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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 (d)(2)(iii)(A) and (d)(2)(iii)(C) of this section, the

application is deemed to have been allowed and the preliminary plan approval shall be issued

immediately.

     (E) Required findings for approval. In approving voting on 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 standards, where applicable:

     (I) The Whether 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. If

the local board finds that the proposed development is inconsistent with the community’s affordable

housing plan, it must also find that the municipality has made significant progress in implementing

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its housing plan.

     (II) The Whether the proposed development is in compliance with the standards and

provisions of the municipality’s zoning ordinance and subdivision regulations, and/or where

adjustments are requested by the applicant, that whether local concerns that have been affected by

the relief granted do not outweigh the state and local need for low- and moderate-income housing.

     (III) All Whether the low- and moderate-income housing units proposed are integrated

throughout the development; are compatible in scale and , meaning that: (1) The size of the low-

and moderate-income units shall not be less than seventy-five percent (75%) of the size of the

market rate units, unless otherwise allowed by the local board; (2) The affordable units are of

similar architectural style to the market rate units within the project so that the exterior of the units

look like an integrated neighborhood with similar rooflines, window patterns, materials and colors;

and (3) The affordable units will be built and occupied prior to, or simultaneous with the

construction and occupancy of any in a proportional manner with the construction and occupancy

of the market rate units. Except that for housing units that are intended to be occupied by persons

fifty-five (55) years of age or older, or sixty-two (62) years of age or older, as permitted by the

federal Fair Housing Act pursuant to 42 U.S.C.A. § 3607(b) and 24 CFR § 100.300-308 and the

Rhode Island fair housing practices act pursuant to § 34-37-4.1, such units need not be integrated

in any building or phase within the development that contains housing units that are not age-

restricted, and neither age-restricted housing units nor any building or phase containing age-

restricted housing units must be compatible in scale and architectural style to other housing unit

types to the extent the age-restricted housing units are designed to meet the physical or social needs

of older persons or necessary to provide housing opportunities for older persons.

     (IV) There Whether 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.

     (V) All Whether the proposed land developments and all or subdivisions lots will have

adequate and permanent physical access to a public street in accordance with the requirements of

§ 45-23-60(a)(5), or the local review board has approved other access, such as a private road.

     (VI) The Whether 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.

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     (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: (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; (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; (III) The proposal is not in conformance with the comprehensive

plan; (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(5)(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 (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)(4) 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

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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 this title, 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 approved 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.

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     (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 (d)(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 decision 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, unless, within that period, the plat or

plan has been submitted for signature and recording as specified in § 45-23-64. 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)(5) 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)(6) 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.

     (6)(7) 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

LC002161/SUB A - Page 13 of 30

receipt, to the applicant and to any objector who has filed a written request for notice with the

administrative officer.

     (7)(8) 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.

     (8)(9) Majority vote required. All local review board decisions on comprehensive permits

shall be by majority vote of the members present at the proceeding.

     (9)(10) 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 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.

     (10)(11) For-profit developers — Limits. A town or city 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 or city, 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.

     (11) (12) 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 shall find

which towns are not in compliance with implementation requirements.

     (12)(13) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect

on February 13, 2004, a local review board shall commence hearings within thirty (30) days of

receiving an application remanded pursuant to § 45-53-5 or, effective January 1, 2024, § 45-53-

5.1. 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-

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day (30) requirement for the initiation of hearings, commencing upon the decision of the earlier

filed application.

     (e)(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 subsection (e)(2) of this section, a local review board

in a town which has submitted a plan in accordance with subsection (f) 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.

     (f) Towns and cities that are not in conformity with the provisions of § 45-53-3(5)(i) shall

prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-

income housing as specified by § 45-53-3(5)(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.

     (g) 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

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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.

     (h) 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(5)(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.

     (i) 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. 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. [Effective January 1, 2026, inclusive of existing language in § 45-

53-3.]

     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).

     (2) “Affordable housing plan” means a component of a housing element, as defined in §

45-22.2-4(1), that addresses low- and moderate-income 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(e)(1) and (f).

     (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 § 45-22.2-12.

     (4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city or

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town pursuant to chapters 22.2 and 22.3 of this title.

     (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 subsection (5)(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.

     (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 financially or logistically impracticable

for any applicant to proceed in building or operating low- or moderate-income housing 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 applicant.

     (7) “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage

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finance corporation in accordance with § 42-55-5.3(a).

     (8) “Local review board” means the planning board as defined by § 45-22.2-4.

     (9) “Low- or moderate-income housing” shall be synonymous with “affordable housing”

as defined in § 42-128-8.1, and further means any type of 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 affordable housing 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.

     (i) Any housing unit that qualifies under this subsection (9) and under § 42-128-8.1 shall

be counted as one whole unit toward the municipality’s requirement for low- or moderate-income

housing.

     (ii) Any mobile or manufactured home(s) that meet the requirements of § 42-128-

8.1(d)(1)(ii) but are not subsidized by a federal, state, or municipal government subsidy and/or do

not have a deed restriction or land lease as described in this subsection (9), shall count as one-half

(½) of one unit for the purpose of the calculation of the total of low- or moderate-income year-

round housing within a city or town, as long as a municipality contracts with a monitoring agent to

verify that the requirements of § 42-128-8.1(d)(1)(ii) are met for these units. Such units shall not

be required to meet the income verification requirements of § 42-128-8.1. The monitoring agent

shall provide a listing of the eligible units to Rhode Island Housing, who shall provide a report as

to the qualifying mobile or manufactured homes under this subsection (9) to the governor, speaker

of the house of representatives, senate president, and secretary of housing on an annual basis,

beginning on or before December 31, 2025.

     (iii) Low- or moderate-income housing also includes rental property located within a

municipality that is secured with a federal government rental assistance voucher.

     (iv) For the period beginning on or after July 1, 2024, any housing unit that qualifies as

low- or moderate-income housing under this subsection (9) and under § 42-128-8.1 and any rental

property secured with a federal government rental assistance voucher that does not otherwise meet

the other requirements to qualify as low- or moderate-income housing under this section shall be

counted as one whole unit toward the municipality’s requirement for low- or moderate-income

housing, as long as a municipality confirms with the issuing authority that the voucher is in good

standing and active.

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     (10) “Meeting local housing needs” means as a result of the adoption of the implementation

program of an approved affordable housing plan, 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)(10) “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)(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 §

42-128-8.1(d)(1); such assistance 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.

[Effective January 1, 2026, inclusive of existing language in § 45-53-4.]

     (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.

This procedure is not available in cities and towns that have low- or moderate-income housing in

excess of ten percent (10%) of its year-round housing units which also have an inclusionary zoning

ordinance which complies with § 45-24-46.1.

     (b) Cities and towns that have low- or moderate-income housing in excess of ten percent

(10%) of its year-round housing units:

     (1) May 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;

     (2) 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, and notwithstanding the timetables set

forth elsewhere in this section, the local review board shall have the authority to consider

LC002161/SUB A - Page 19 of 30

comprehensive permit applications from for-profit developers, which are made pursuant to this

subsection, sequentially in the order in which they are submitted.

     (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.

     Cities and towns that do not have low- or-moderate-income housing in excess of ten

percent (10%) of its year-round housing units:

     (1) Shall make available to applications under this chapter municipal government

subsidies, including adjustments and zoning incentives, to offset the differential costs of the low-

or moderate-incoming housing units. At a minimum, the following zoning incentives shall be

allowed for in these cities or towns for projects submitted under this chapter:

     (A) Density bonuses. These cities and towns shall provide an applicant with more dwelling

units than allowed by right under its zoning ordinances in the form of a density bonus to allow an

increase in the allowed dwelling units per acre (DU/A). Furthermore, a municipality shall provide,

at 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 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 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 that provides one hundred percent (100%) low- and moderate-income

housing shall be at least twelve (12) units per acre;

LC002161/SUB A - Page 20 of 30

     (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 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 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 that provides one hundred percent (100%) low- and

moderate-income housing shall be at least eight (8) units per acre;

     (2)(B) 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)(C) 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)(D) 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) Pre-application conference. A municipality may require an applicant proposing a

project under this chapter to 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 as

appropriate. 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

LC002161/SUB A - Page 21 of 30

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 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.

     (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 this title; 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,

LC002161/SUB A - Page 22 of 30

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 (d)(2)(iii)(A) and (d)(2)(iii)(C) of this section, the

application is deemed to have been allowed and the preliminary plan approval shall be issued

immediately.

     (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:

     (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.

     (II) The proposed development is in compliance with the standards and provisions of the

municipality’s zoning ordinance and subdivision regulations, and/or where 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. For cities and towns that

have low- or moderate-income housing in excess of ten percent (10%) of its year-round housing

LC002161/SUB A - Page 23 of 30

units, where adjustments are requested, in addition to the above-showing, the proposed

development must show it has mitigated any impact of the proposed development on the general

character of the surrounding area.

     (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.

     (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.

     (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(a)(5).

     (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.

     (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: (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; (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; (III) The proposal is not in conformance with the comprehensive

plan; (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(5)(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 (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

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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 this title, 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

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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 (d)(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

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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.

     (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.

     (8) Majority vote required. All local review board decisions on comprehensive permits

shall be by majority vote of the members present at the proceeding.

     (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 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.

     (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

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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.

     (11)(10) 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 shall find

which towns are not in compliance with implementation requirements.

     (12)(11) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect

on February 13, 2004, a local review board shall commence hearings within thirty (30) days of

receiving an application remanded pursuant to § 45-53-5 or, effective January 1, 2024, § 45-53-

5.1. 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.

     (e)(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.

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     (3) Notwithstanding the provisions of subsection (e)(2) of this section, a local review board

in a town which has submitted a plan in accordance with subsection (f) 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.

     (f) Towns and cities that are not in conformity with the provisions of § 45-53-3(5)(i) shall

prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-

income housing as specified by § 45-53-3(5)(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.

     (g) 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.

     (h) 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(5)(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.

     (i) 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 3. Section 1 of this act shall take effect upon passage and section 2 of this act

shall take effect on January 1, 2026.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

***

     This act would amend several definitions relating to low- or moderate-income housing as

well as the procedure for the approval of low- or moderate-income housing.

     Section 1 of this act would take effect upon passage and section 2 of this act would take

effect on January 1, 2026.

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