The Town Council of the Town of Richmond hereby ordains that Ch. 18.39 of the Code of Ordinances is amended to read as follows:
Chapter 18.39
COMPREHENSIVE PERMITS FOR LOW AND MODERATE INCOME HOUSING
18.39.010 Authority.
18.39.020 Definitions.
18.39.030 Eligible proposals.
18.39.040 Mandatory zoning incentives.
18.39.050 Applicable ordinances and regulations.
18.39.060 Pre-application conference.
18.39.070 Preliminary plan review.
18.39.080 Preliminary plan approval.
18.39.090 Conditions of approval.
18.39.100 Denial of approval.
18.39.110 Final plan approval.
18.39.120 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 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. Adjustment – 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).
(Ord. dated 5-21-24)
B. Approved affordable housing plan. -- An approved affordable housing plan is a plan to address 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; Ord. dated 5-21-24)
C. Infeasible - 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.
(Ord. dated 5-21-24)
D. Letter of eligibility -- A letter issued by the R. I. 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; Ord. dated 5-21-24)
E. Low or moderate-income housing -- Housing subsidized by a federal, state, or municipal government subsidy that is affordable to low or moderate income households, as defined in R.I. Gen. Laws § 42-128-8.1(d)(1), and will remain affordable through a land lease or deed restriction for at least 30 years from initial occupancy. Also called affordable housing.
(Ord. dated 5-21-24)
F. Municipal government subsidy -- Assistance made available through a town program sufficient to make housing affordable, as affordable housing is defined in R.I. Gen. Laws § 34-42-128-8.1(d)(1), including but not limited to direct financial support, abatement of taxes, waiver of fees and charges, density increases, internal subsidies, zoning incentives, adjustments, or any combination of forms of assistance.
(Ord. dated 9-21-04 (part), ord. dated 1-16-07; Ord. dated 9-7-10; Ord. dated 3-21-23; Ord. dated 5-21-24)
G. Rehabilitation -- 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; Ord. dated 5-21-24)
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 Mandatory zoning incentives. The planning board shall approve the following zoning incentives:
(Ord. dated 5-21-24)
A. 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:
(Ord. dated 5-21-24)
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;
(Ord. dated 5-21-24)
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;
(Ord. dated 5-21-24)
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;
(Ord. dated 5-21-24)
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;
(Ord. dated 5-21-24)
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;
(Ord. dated 5-21-24)
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;
(Ord. dated 5-21-24)
B. No more than one off-street parking space shall be required for a dwelling unit with 1 or 2 bedrooms, notwithstanding the requirements of Ch. 18.29 of this Title.
(Ord. dated 5-21-24)
C. 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.
(Ord. dated 5-21-24)
D. An applicant shall not be required to reduce the area of any room in a dwelling unit below the requirements of the R. I. building code or the R. I. housing maintenance and occupancy code.
(Ord. dated 5-21-24)
18.39.050 Applicable ordinances and regulations.
A. The provisions of Ch. 18.21 of this Title, aquifer protection overlay district, apply to comprehensive permit projects that are located partly or entirely in the aquifer protection overlay district.
(Ord. dated 5-21-24)
B. The following provisions of the land development and subdivision regulations apply to comprehensive permit applications: Sec. 3.2 (phasing of major land developments and major subdivisions), Sec. 3.4 (environmental study), Sec. 5.8 (site walk), Art. 6 (recording of plats and plans and acceptance of public improvements), Art. 7 (improvement and maintenance guarantees), Sec. 11.3 (administrative fees), Sec. 11.4 (planning board records). Art. 13 (design and improvement standards), and Art. 14 (construction specifications and procedures).
(Ord. dated 5-21-24)
18.39.060 Pre-application conference. The applicant shall be required to complete a pre-application conference with the local review board, which shall be the planning board, the technical review committee, or the administrative officer, as appropriate. Meetings with the local review board, which shall be the planning board, shall be strongly encouraged. The applicant shall be required to submit only the following information: An application form for pre-application review; a brief written description of the project that includes the number of dwelling units, type of housing, a density analysis, and a preliminary list of adjustments needed; a location map; and conceptual site plan. 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 purpose of the pre-application conference shall be to review a concept plan of the proposed development and to elicit feedback from the local review board, which shall be the planning board. The administrative officer shall schedule the pre-application conference upon submission of the required material. The municipality shall have 30 days to schedule and hold the pre-application conference, unless a different timeframe is agreed to by the applicant in writing. If the pre-application conference does not take place within thirty days of the date the application is submitted, and the applicant has not agreed to a different timeframe in writing, the applicant may submit an application for preliminary plan review.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
18.39.070 Preliminary plan review.
A. The applicant shall submit the following material for preliminary plan review:
(Ord. dated 5-21-24)
1. A completed comprehensive permit application form.
(Ord. dated 5-21-24)
2. A letter of eligibility issued by the R. I. 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 agency, an award letter indicating the subsidy.
(Ord. dated 5-21-24)
3. A proposed timetable for the commencement of construction and completion of the project.
(Ord. dated 5-21-24)
4. The preliminary plan checklist in Article 15 of the land development and subdivision regulations and all the items required by the checklist except state or federal permits.
(Ord. dated 5-21-24)
5. 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.
(Ord. dated 5-21-24)
B. The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing or incomplete. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least 10 days to recertify a revised application.
(Ord. dated 5-21-24)
C. The administrative officer shall schedule a public hearing on the application as soon as practicable after issuing the certification of completeness. The notice requirements for a preliminary plan public hearing on a major land development project shall apply. A competent stenographer shall take the minutes of each public hearing. The cost of the notice shall be paid by the applicant.
(Ord. dated 5-21-24)
D. Notwithstanding the submission requirements above, the planning board may request additional, reasonable documentation during the public hearing, including but not limited to opinions of experts, credible evidence that applications have been filed for necessary federal or state permits, or recommendations from other boards, commissions, or officials.
(Ord. dated 5-21-24)
18.39.80 Preliminary plan approval.
A. The planning board must approve or deny the application within 90 days of the day the preliminary plan submission was certified as complete, unless the applicant consents in writing to an extension of time. If a timely decision is not rendered, the application will be considered approved and the administrative officer shall issue a preliminary plan approval at the request of the applicant.
(Ord. dated 5-21-24)
B. 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.
(Ord. dated 5-21-24)
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 zoning incentives or adjustments have been granted from the provisions of the ordinance or regulations, the need for low or moderate income housing outweighs the impact of the incentives or adjustments.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
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. 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; Ord. dated 5-21-24)
5. All of the buildings in the development will have adequate and permanent physical access to a public street.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
6. None of the building lots will have physical constraints to development that would make construction on those lots impracticable.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
C. The decision must specifically identify each incentive and adjustment approved.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
D. A majority vote of the planning board members present is necessary for approval.
(Ord. dated 5-21-24)
E. The planning board’s written decision shall be recorded in the land evidence records within 20 days of the day the planning board votes. Within one day of recording, a copy of the decision shall be mailed, by any method that provides confirmation of receipt, to the applicant and to any other person who has made a written request to receive it.
(Ord. dated 5-21-24)
F. The approved preliminary plan expires 2 years after the date of approval. The applicant may request 2 one-year extensions, and must appear before the planning board to request each one-year extension. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of preliminary plan approval are vested until the preliminary plan expires.
(Ord. dated 5-21-24)
18.39.090 Conditions of approval.
A. The planning board shall have the authority to impose conditions and requirements on the decision if the conditions and requirements are consistent with the approved affordable housing plan and the low and moderate income housing act and if there is evidence in the record to support the need for the conditions.
(Ord. dated 5-21-24)
B. If the planning board proposes conditions to be placed on the approval that the applicant believes would make the development infeasible, the planning board shall give the applicant a reasonable opportunity to respond to the proposed conditions before the planning board votes to impose the conditions. The burden is on the applicant to show that the conditions would make the development infeasible.
(Ord. dated 5-21-24)
18.39.100 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, has made significant progress in implementing the approved affordable housing plan, is meeting local housing needs, and the proposed development is inconsistent with the approved affordable housing plan. “Meeting local housing needs” means that as a result of the implementation of the approved affordable housing plan and the absence of unreasonable denial of applications that are made pursuant to that plan, at least 20% of the total residential units approved by the planning board in the previous calendar year are for low and moderate income housing.
(Ord dated 5-21-24)
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)
18.39.110 Final plan approval.
A. The applicant shall submit the following material for final plan approval:
(Ord. dated 5-21-24)
1. All required state and federal permits; provided, however, that the administrative officer shall have the authority to require submission of state and federal permits before the first building permit is issued rather than at final plan submission.
(Ord. dated 5-21-24)
2. A draft agreement with a monitoring agent appointed by the R. I. housing resources commission that will ensure that each low or moderate income dwelling unit is sold, leased, owned or occupied in compliance with the recorded affordability restrictions.
(Ord dated 5-21-24)
3. A draft land lease or deed restriction with affordability liens that restricts the use of the property to low or moderate income housing in conformance with R.I. housing and mortgage finance corporation guidelines for at least 30 years.
(Ord. dated 5-21-24)
4. The final plan checklist in Article 15 of the land development and subdivision regulations and all the items required by the checklist.
(Ord. dated 5-21-24)
5. Arrangements for completion of the required public improvements, including financial guarantees.
(Ord. dated 5-21-24)
B. The administrative officer shall certify the application as complete or incomplete within 25 days of submission. If the application is incomplete, the administrative officer shall inform the applicant of the specific information that is missing. The running of the time period for certification shall stop when an application is incomplete. The administrative officer shall have at least 10 days to recertify a revised application.
(Ord. dated 5-21-24)
C. The administrative officer shall approve the final plan within 45 days of the date it was certified as complete; provided, however, that the applicant may be required to return to the planning board for final plan approval if the planning board has waived submission at preliminary plan review of any required information, if the application does not satisfy conditions of the preliminary plan approval; if the application does not include all the required material; or the applicant has proposed a major change to the approved preliminary plan. A public hearing is required for approval of a major change to an approved preliminary plan. The administrative officer shall have the authority to approve minor changes in the approved preliminary plan.
(Ord. dated 5-21-24)
D. If a timely decision is not rendered, the application will be considered approved and the administrative officer shall issue a final plan approval at the request of the applicant.
(Ord. dated 5-21-24)
E. The approved final plan expires 2 years after the date of approval. The applicant may request a one-year extension, and must appear before the planning board to request the extension. The planning board may approve further extensions for good cause. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of Final Plan approval are vested until the final plan expires.
(Ord. dated 5-21-24)
18.39.120 Appeal.
A. The applicant or any person aggrieved by the decision of the planning board may appeal to the Washington County Superior Court within twenty (20) days of the date the board’s written decision was recorded in the land evidence records pursuant to R.I. Gen. Laws § 45-53-5.1.
B. If the Superior Court remands the application to the planning board, the planning board shall hear the remanded application within 30 days of the day it was received.
(Ord. dated 9-21-04 (part), Ord. dated 1-16-07; Ord. dated 3-21-23; Ord. dated 5-21-24)
REFERENCES
R.I. Gen. Laws § 45-24-30(8), § 45-24-30(9), §§ 45-53-3, 45-53-4, 45-53-5; 45-53-5.1; Land Development and Subdivision Regulations Art. 3, 5.