Chapter 18.39 COMPREHENSIVE PERMIT FOR LOW AND MODERATE INCOME HOUSING
18.39.010 Authority.
18.39.020 Definitions.
18.39.030 Eligible proposals.
18.39.040 Application procedure.
18.39.050 Submission requirements.
18.39.060 Distribution of complete applications.
18.39.070 Required findings.
18.39.080 Denial of approval.
18.39.090 Appeal.
18.39.010 Authority. The planning board shall have the authority to issue comprehensive permits for residential or mixed-use subdivisions or land development projects that meet the criteria set forth in the Low and Moderate Income Housing Act. When approving a comprehensive permit application, the planning board has the authority that would otherwise be exercised by other municipal bodies or officials to issue permits or approvals for the development.
(Ord. dated 9-21-04 (part), Ord. dated 1-16-07; Ord. dated 3-21-23)
18.39.020 Definitions. The following words or phrases shall have the following meaning when used in this Chapter:
A. Approved affordable housing plan means a plan to meet housing needs that is part of the comprehensive community plan’s housing element, has been prepared in accordance with state planning council guidelines, and has been approved by the director of the department of administration.
(Ord. dated 3-21-23)
B. Infeasible means that conditions have been placed on approval of a comprehensive permit that make it impossible for a public agency, non-profit organization, or limited equity housing cooperative to build or operate the low or moderate income housing:
1. without sustaining financial loss because of the conditions imposed by the subsidizing state or federal agency concerning the size or character of the development, the nature of the subsidy, or the eligibility of tenants; or
2. without substantially changing the proposed rent levels and unit sizes.
(Ord. dated 3-21-23)
C. Letter of eligibility means a letter issued by the Rhode Island housing and mortgage finance corporation pursuant to R.I. Gen. Laws § 42-55-5.3(a) stating that the project as proposed satisfies the regulatory criteria for a comprehensive permit.
(Ord. dated 3-21-23)
D. Low or moderate income housing means any housing subsidized by a federal, state, or municipal government under a program to assist the construction or rehabilitation of housing affordable to low or moderate income households, as defined in the applicable federal or state statute or regulation, that will remain affordable through a land lease or a deed restriction for ninety-nine years.
(Ord. dated 3-21-23)
E. Municipal government subsidy is assistance the Town provides for construction or rehabilitation of low and moderate income housing to encourage the creation of that housing and to mitigate the cost of the development, pursuant to R.I. Gen. Laws § 45-53-3(5). Municipal subsidies include, but are not limited to, density bonuses, permission to construct multi-unit dwelling structures where not otherwise permitted, payments to not-for-profit developers from the Town's restricted account containing fees in lieu of construction, waiver of fees, including stenographic fees, or property tax reduction for low or moderate income housing pursuant to a Town ordinance.
(Ord. dated 9-21-04 (part), ord. dated 1-16-07; Ord. dated 9-7-10; Ord. dated 3-21-23)
F. Rehabilitation means substantial upgrade or modification of the interior or exterior of a structure, correction of substandard conditions, or replacement of major housing systems in danger of failure.
(Ord. dated 3-21-23)
18.39.030 Eligible proposals.
An applicant proposing to build or rehabilitate low or moderate income housing may submit to the planning board an application for a comprehensive permit to build or rehabilitate that housing, instead of submitting separate applications to the local boards and officials who would otherwise have the authority to approve the application. This procedure is available only for proposals in which at least twenty-five percent of the dwelling units will be reserved for occupancy by low or moderate income households.
(Ord. dated 9-21-04 (part), ord. dated 1-16-07; Ord. dated 3-21-23)
18.39.040 Application procedure. A comprehensive permit application shall be reviewed and approved according to the procedure in the land development and subdivision regulations that would be required for any other subdivision or land development project of the same size and scope, with the following exceptions.
A. Minor developments. The following requirements for approval of comprehensive permit developments that are minor subdivisions and land development projects supersede those in the land development and subdivision regulations:
1. The applicant may, but is not required to, request a pre-application conference with the planning board. If a pre-application conference is requested, the applicant shall submit an application form for pre-application review; a brief written description of the project that includes the number of dwelling units and type of housing; and a site plan drawn to scale instead of the documents required by Article 15(A) of the land development and subdivision regulations. The applicant may also submit and any other material that will help the planning board understand the proposed project. No certification of completeness is required.
2. A public hearing is required for the preliminary plan application. The Planning Board shall approve, approve with conditions, or deny approval of the preliminary plan within ninety-five days of the day the application was certified as complete.
3. A comprehensive permit development that otherwise would be classified as a minor subdivision or land development project shall not be reclassified as a major subdivision or land development project solely because the applicant requests municipal subsidies in the form of waivers from the requirements of the land development and subdivision regulations.
(Ord. dated 3-21-23)
B. Major developments. The following requirements for approval of comprehensive permit developments that are major subdivisions and land development projects supersede those in the land development and subdivision regulations.
1. The applicant shall request a pre-application conference with the planning board. Instead of the documents required by Article 15(A) of the land development and subdivision regulations, the applicant shall submit an application form for pre-application review; a brief written description of the project that includes the number of dwelling units and type of housing; and a site plan drawn to scale. The applicant may also submit and any other material that will help the planning board understand the proposed project. No certification of completeness is required. The administrative officer shall schedule the pre-application conference upon submission of the required material. If the pre-application conference does not take place within thirty days of the date the application is submitted, the applicant may submit an application for master plan review.
(Ord. dated 3-21-23)
C. All developments. The following requirements for approval of all comprehensive permit applications supersede those in the land development and subdivision regulations.
1. State and federal permits required to begin construction of the development, including but not limited to freshwater wetland alteration permits, coastal resources management council assents, preliminary suitability determinations for on-site wastewater treatment systems, permits required for public water systems, and physical alteration permits for connections to State roads, do not need to be included in the preliminary plan submission, but must be included in the final plan submission.
2. A stenographic record shall be made of the public hearing and the planning board’s vote on the motion to approve or deny the application. If the applicant appeals the planning board decision to the State Housing Appeals Board, the applicant shall be responsible for ordering and paying for the transcript. An aggrieved person who appeals the planning board decision to the Superior Court shall be responsible for ordering and paying for the transcript.
3. If the planning board does not render a decision within the applicable time period, the application shall be considered approved.
4. A comprehensive permit shall expire unless construction is started within twelve months of final plan approval and is completed within five years of final plan approval. The planning board has the authority to extend these time periods. The applicant must request such an extension in writing.
(Ord. dated 3-21-23)
18.39.050 Submission requirements.
A. The applicant shall submit a completed Application for Land Development or Subdivision Approval with the required attachments, and a completed Application for a Comprehensive Permit.
(Ord. dated 3-21-23)
B. For preliminary plan approval of a minor subdivision or land development project, the applicant must submit the following documents in addition to the material required by the land development and subdivision regulations:
1. A letter of eligibility from the Rhode Island housing mortgage finance corporation.
2. A financial pro-forma for the proposed development.
3. A proposed timetable for the commencement of construction and completion of the project.
4. The name of the monitoring agent approved by the Rhode Island housing resources commission that will monitor the long-term affordability of the low and moderate income units.
5. A sample land lease or deed restriction with affordability liens that will reserve the property for occupancy by low and moderate income households for ninety-nine years.
(Ord. dated 3-21-23)
C. For master plan approval of a major subdivision or land development project, the applicant must submit the following documents in addition to the material required by the land development and subdivision regulations:
1. A letter of eligibility from the Rhode Island housing mortgage finance corporation.
2. A financial pro-forma for the proposed development.
(Ord. dated 3-21-23)
D. For preliminary plan approval of a major subdivision or land development project, the applicant must submit the following documents in addition to the material required by the land development and subdivision regulations:
1. A proposed timetable for the commencement of construction and completion of the project.
2. The name of the monitoring agent approved by the Rhode Island housing resources commission that will monitor the long-term affordability of the low and moderate income units.
3. A sample land lease or deed restriction with affordability liens that will reserve the property for occupancy by low and moderate income households for ninety-nine years.
(Ord. dated 3-21-23)
E. In addition to the application material required by the land development and subdivision regulations and by this Chapter, the planning board may request reasonable documentation to support approval of the application, including expert testimony and evidence that the applicant has applied for the necessary state and federal permits.
(Ord. dated 3-21-23)
18.39.060 Distribution of complete applications.
A. When a master plan or preliminary plan application is certified as complete, the planning department shall transmit a complete copy to the town council, the conservation commission, the zoning enforcement officer, the affordable housing committee, and the chief of the fire district in which the project is located.
(Ord. dated 3-21-23)
B. The planning department shall ask the conservation commission to provide an advisory opinion to the planning board concerning the conservation issues raised by the application.
(Ord. dated 3-21-23)
C. The planning department shall ask the zoning enforcement officer to provide an advisory opinion to the planning board concerning the waivers sought.
(Ord. dated 3-21-23)
18.39.070 Decision.
A. To approve a comprehensive permit application, the planning board must find that the application satisfies the requirements below. The planning board must include in its decision findings of fact based on legally competent evidence in the record. The decision must specify the evidence on which each finding is based. The requirements of this Section supersede the requirements in Article 3, Section 3.1 of the land development and subdivision regulations.
1. The proposed development is consistent with local needs as identified in the comprehensive community plan, or, if inconsistent, the inconsistencies have been satisfactorily addressed. In particular, the proposed development is consistent with Richmond’s affordable housing plan. "Consistent with local needs" means reasonable in view of:
(a) The state’s need for low and moderate income housing.
(b) The number of low income persons in Richmond.
(c) The need to protect the health and safety of the occupants of the development or the health and safety of Richmond residents.
(d) The need to promote better site and building design in relation to the surroundings or to preserve open spaces.
(e) The need to apply Richmond’s land use ordinances and regulations as equally as possible to subsidized and unsubsidized housing.
(Ord. dated 3-21-23)
2. The development complies with the zoning ordinance and land development and subdivision regulations, or, if waivers have been granted from the provisions of the ordinance or regulations, the need for low or moderate income housing outweighs the impact of the waivers.
(Ord. dated 3-21-23)
3. The low and moderate income dwelling units will be integrated throughout the development, will be similar in scale and architectural style to the market rate units, and will be built and occupied before or at the same time as the market rate units.
(Ord. dated 3-21-23)
4. There will be no significant negative environmental impacts from the development as approved.
(Ord. dated 3-21-23)
5. The development as approved will not have any significant negative effects on the health and safety of current or future residents of Richmond in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewage 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 Richmond.
(Ord. dated 3-21-23)
6. All of the buildings in the development will have adequate and permanent physical access to a public street.
(Ord. dated 3-21-23)
7. None of the building lots will have physical constraints to development that would make construction on those lots impracticable.
(Ord. dated 3-21-23)
B. The decision must specifically identify each waiver granted from a municipal ordinance or regulation. Any relief granted in the approval of a comprehensive permit application shall be considered a municipal subsidy.
(Ord. dated 3-21-23)
C. The planning board shall have the authority to impose conditions and requirements on the decision concerning the height, size or shape of buildings, the site plan, or the building materials, if the conditions and requirements are consistent with the approved affordable housing plan.
(Ord. dated 3-21-23)
18.39.080 Denial of approval. The planning board may deny approval of the application for any of the following reasons:
A. Richmond has an approved affordable housing plan, Richmond has made significant progress in implementing the approved affordable housing plan, and the proposed development is inconsistent with the approved affordable housing plan.
B. The proposed development is not consistent with local needs, including but not limited to the needs identified in the approved comprehensive community plan or the zoning ordinance.
C. The proposed development is not in conformance with the comprehensive community plan.
D. Richmond has plans to make ten percent of the total occupied year-round housing low or moderate income housing, and has achieved that goal or has made significant progress toward meeting that goal.
(Ord. dated 3-21-23)
E. The proposed development may negatively impact the environment and the health and safety of current Richmond residents and the applicant has not adequately addressed those concerns.
(Ord. dated 9-21-04 (part), Ord. dated 1-16-07; Ord. dated 9-7-10; Ord. dated 3-21-23)
18.39.090 Appeal.
A. Any person aggrieved by the issuance of a comprehensive permit may appeal to the Washington County Superior Court within twenty days of the date the board’s written decision was recorded in the land evidence records.
B. If an application is denied, or is granted with conditions and requirements that make the construction or operation of the housing infeasible, the applicant may appeal the decision to the State housing appeals board. The appeal shall be taken within twenty days after the date the written decision was recorded in the land evidence records. When the planning department receives notice that an appeal has been filed with the appeals board, it shall transmit a copy of its decision and the reasons for the decision the complete record of the application to the appeals board within thirty days of receiving the notice.
(Ord. dated 9-21-04 (part), Ord. dated 1-16-07; Ord. dated 3-21-23)
REFERENCES
R.I. Gen. Laws § 45-24-30(8), § 45-24-30(9), §§ 45-53-3, 45-53-4, 45-53-5; Land Development and Subdivision Regulations Art. 3, 5.