2025 -- H 6177

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LC002688

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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 TOWN AND CITIES -- LOW AND MODERATE INCOME HOUSING --

COMPREHENSIVE PERMIT PROJECTS IN TIVERTON

     Introduced By: Representatives Edwards, and McGaw

     Date Introduced: April 04, 2025

     Referred To: House Municipal Government & Housing

     (Tiverton)

It is enacted by the General Assembly as follows:

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

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

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

     (a) Any applicant proposing to build low- or moderate-income housing may submit to the

local review board a single application for a comprehensive permit to build that housing in lieu of

separate applications to the applicable local boards. This procedure is only available for proposals

in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing.

     (b) Municipal government subsidies, including adjustments and zoning incentives, are to

be made available to applications under this chapter to offset the differential costs of the low- or

moderate-incoming housing units in a development under this chapter. At a minimum, the

following zoning incentives shall be allowed for projects submitted under this chapter:

     (1) Density bonus. A municipality shall provide an applicant with more dwelling units

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

in the allowed dwelling units per acre (DU/A), as well as other incentives and municipal

government subsidies as defined in § 45-53-3. Furthermore, a municipality shall provide, at a

minimum, the following density bonuses for projects submitted under this chapter, provided that

the total land utilized in the density calculation shall exclude wetlands; wetland buffers; area

devoted to infrastructure necessary for development; and easements or rights of way of record:

     (i) For properties connected to public sewer and water, or eligible to be connected to public

sewer and water based on written confirmation from each respective service provider, the density

bonus for a project 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;

     (vii) For properties located within the town of Tiverton, and not connected to either public

water or sewer or both, and for which the property is considered hydric, predominately hydric or

has a seasonal high-water table, said land shall be excluded from the buildable land density

calculation.

     (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;

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     (3) Bedrooms. A municipality shall not limit the number of bedrooms for applications

submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single-

family dwelling units;

     (4) Floor area. A municipality shall not utilize floor area requirements to limit any

application, except as provided by § 45-24.3-11.

     (c) A municipality shall not restrict comprehensive permit applications and permits by any

locally adopted ordinance or policy that places a limit or moratorium on the development of

residential units.

     (d) The application and review process for a comprehensive permit shall be as follows:

     (1) 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

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

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     (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,

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

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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.

     (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

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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) 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

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     (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 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.

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     (III) The administrative officer shall notify the applicant in writing within fourteen (14)

days of submission of the final plan application if the administrative officer is referring the

application to the local review board under this subsection.

     (C) Decision on final plan. An application filed in accordance with this chapter shall be

approved by the administrative officer unless such application does not satisfy conditions set forth

in the preliminary plan approval decision or such application does not have the requisite state and/or

federal approvals or other required submissions, does not post the required improvement bonds, or

such application is a major modification of the plans approved at preliminary plan.

     (D) Failure to act. Failure of the reviewing authority to act within the prescribed period

constitutes approval of the final plan, and a certificate of the administrative officer as to the failure

to act within the required time and the resulting approval shall be issued on request of the applicant.

     (iv) Vesting. The approved final plan is vested for a period of two (2) years with the right

to extend for one one-year extension upon written request by the applicant, who must appear before

the planning board for the extension request. Thereafter, vesting may be extended for a longer

period, for good cause shown, if requested, in writing by the applicant, and approved by the local

review board.

     (4) Infeasibility of conditions of approval. The burden is on the applicant to show, by

competent evidence before the local review board, that proposed conditions of approval are

infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable

opportunity to respond to such proposed conditions prior to a final vote on the application.

     (5) Fees. Municipalities may impose fees on comprehensive permit applications that are

consistent with but do not exceed fees that would otherwise be assessed for a project of the same

scope and type, but not proceeding under this chapter; provided, however, the imposition of such

fees shall not preclude a showing by an applicant that the fees make the project financially

infeasible.

     (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,

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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

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) 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) 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

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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

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

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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. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

COMPREHENSIVE PERMIT PROJECTS IN TIVERTON

***

     This act would provide that applications filed in the town of Tiverton, for comprehensive

permit projects, involving property not connected to either public water or sewer or both, and for

which the property is considered hydric, predominately hydric or has a seasonal high-water table,

said land be excluded from the buildable land calculation.

     This act would take effect upon passage.

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