Cumberland City Zoning Code
ARTICLE 15
Low and Moderate Income Housing
§ 15-1 Statutory authority and purpose.
[Ord. No. 08-31, 10-7-2009]
In accordance with G.L. § 45-53, the Low and Moderate Income Housing Act, the purpose of this article is to provide opportunities for the establishment of low and moderate income housing for both individuals and families in the Town of Cumberland. To address the need for affordable, accessible, safe and sanitary housing for citizens of low and moderate income, this article shall serve to regulate procedures for the application of low and moderate income housing projects under the provisions of the state law, and to establish incentives for the establishment of such housing.
§ 15-2 Affordable housing goals.
[Ord. No. 08-31, 10-7-2009]
In keeping with the goals and objectives of the Town of Cumberland Comprehensive Plan, low and moderate income housing shall be provided in a manner that maintains the character of the community and is commensurate with the ability of the Town to provide good quality and cost effective services to its residents. In meeting the needs for affordable housing, priority consideration shall be given to the retrofitting of existing dwellings and the assimilation of low and moderate income housing into existing developments and neighborhoods.
§ 15-3 Definitions.
[Ord. No. 08-31, 10-7-2009]
For the purposes of this article, the following terms shall have the following meanings:
(a)
AFFORDABLE HOUSING — Housing that has a sales price or rental amount that, when adjusted for any federal, state or municipal government subsidy, is less than or equal to 30% of the gross household income of the low and moderate income occupants of the housing (Ref. G.L. § 42-128.8.1 (d)). Affordable housing shall include all types of year-round housing, including, but not limited to, manufactured housing, housing originally constructed for workers and their families, accessory dwelling units, housing accepting rental vouchers and/or tenant based certificates under § 8 of the U.S. Housing Act of 1937, as amended, and assisted living housing.
(1)
In the case of dwelling units for sale, affordable housing shall mean housing in which the principal, interest, taxes, which may be adjusted by state or local programs for property tax relief, and insurance constitute no more than 30% of the gross household income for a low or moderate income household.
(2)
In the case of dwelling units for rent, affordable housing shall mean housing in which the rent, heat and utilities other than telephone constitute no more than 30% of the gross annual income for a household with 80% or less of the area median income, adjusted for family size.
(b)
AFFORDABLE HOUSING PLAN — The component of the housing element of the comprehensive plan that is developed to meet housing needs in the Town, including that for low and moderate income residents, and is prepared in accordance with guidelines adopted by the state planning Council.
(c)
COMPLETED APPLICATION — A single application consisting of all forms, accompanying documents, exhibits and fees required pursuant to G.L. § 45-53, and § 15-6 of this article, submitted to request relief from the provisions of local ordinances in lieu of separate applications to the applicable local boards.
(d)
COMPREHENSIVE PERMIT — A single application to build low and moderate income housing in lieu of separate applications to applicable boards, in which at least 25% of the housing is proposed to be low or moderate income housing for a period of at least 30 years from initial occupancy.
(e)
CONSISTENT WITH LOCAL NEEDS —
(1)
Local zoning and land use ordinances, requirements and regulations are considered consistent with local needs if they are reasonable in view of the state needs for low and moderate income housing; consider the number of low income persons in the Town; are needed to protect the health and safety of the occupants of the proposed housing or of the residents of the Town; promote better site and building design in relation to the surroundings or preserve open spaces; and if they are applied as equally as possible to both subsidized and unsubsidized housing.
(2)
Local zoning or land use ordinances, requirements or regulations are deemed reasonable if:
a.
The number of low and moderate income housing units (defined below) are in excess of 10% of the total number of yearround housing units in Town, as calculated on an annual basis by the Rhode Island Housing and Mortgage Finance Corporation (RIHMFC); or
b.
The housing element of the Town comprehensive plan provides for low and moderate income housing units in excess of 10% of the yearround total housing units, and the local ordinances, requirements and regulations are in place to promulgate the plan.
(f)
DENIAL — The Planning Board refuses to grant a comprehensive permit, or extends the public hearing without reasonable cause.
(g)
INCLUSIONARY ZONING — A regulatory technique applicable to residential subdivisions and/or land development projects that requires a percentage of units within the development to be affordable to households of low and moderate income. Such inclusionary units must meet the definition of low and moderate income housing as defined in this article and in G.L. § 45-53-3.
(h)
LOCAL BOARD — The Planning Board, Zoning Board of Review, Building Official, zoning officer or any other boards or officials having the power of enforcing land use regulations or supervising the construction of buildings.
(i)
LOW AND MODERATE INCOME — Income as those terms are defined by the state or federal government program providing the subsidy for the proposed low or moderate income housing.
(j)
LOW OR MODERATE INCOME HOUSING — Any housing or community residence (as defined in Article 2 of this appendix):
(1)
Subsidized by the federal, state or municipal government under any program to assist the construction or rehabilitation of low or moderate income housing, as defined in the applicable federal or state statute, that will remain affordable for 99 years or such other period that is agreed to by the applicant and the Town, but shall not be less than 30 years from initial occupancy through a land lease and/or deed restriction, and built or operated by:
(2)
In which any nonresidential component of the proposed development is secondary to the overall proposal, provided the nonresidential component does not exceed that allowed under the funding source or 25% of the gross square footage of the proposed development, whichever is lower.
(k)
MUNICIPAL GOVERNMENT SUBSIDY — Assistance that is made available through a Town program to make housing affordable, as affordable housing is defined above. Such assistance may include, but not [be] limited to: direct financial support; waiver of fees and charges; approval of density bonuses and/or internal subsidies; and any combination of forms of assistance.
(l)
STATE HOUSING APPEALS BOARD — The board which hears appeals of denials or conditioned approvals from applicants filing an applications for a comprehensive permit to construct or rehabilitate low or moderate income housing under the provisions of G.L. § 45-53.
(m)
SUBSIDIZED HOUSING — Housing which receives any direct or indirect municipal, state or federal financial assistance which reduces the cost of the development and results in the creation of affordable housing units for low and moderate income families.
§ 15-4 Comprehensive permit.
[Ord. No. 08-31, 10-7-2009]
The Cumberland Planning Board shall have the power to issue a comprehensive permit for a qualifying low and moderate income housing project submitted under the provisions of G.L. § 45-53, in lieu of separate applications to local boards who would otherwise act with respect to such project.
The Planning Board shall have the right to attach to the comprehensive permit such reasonable conditions and requirements with respect to the site plan, building density, setbacks, height, size, shape, building materials, landscaping, drainage and parking consistent with the need to protect the health and safety of the occupants of the proposed housing and/or of the residents of the Town.
§ 15-5 Eligible applicants and projects.
[Ord. No. 08-31, 10-7-2009]
(a)
Eligible applicants. Applicants eligible to file a comprehensive permit for approval of construction or rehabilitation of low or moderate-income housing that will remain affordable for 99 years or such other period that is agreed to by the applicant and the Town, but shall not be less than 30 years from initial occupancy through a land lease and/or deed restriction, are:
(1)
Any public agency, nonprofit organization or limited equity housing cooperative proposing to build or rehabilitate low or moderate income housing; or
(2)
Any private developer proposing to build low or moderate income housing. In the case of private developers, a monitoring entity shall be identified with the capacity and the procedures in place to monitor the affordability of the project for a period of not less than 30 years from the initial occupancy, pursuant to a list of responsible monitoring entities and/or criteria for monitoring published by the R.I. Housing and Mortgage Finance Corporation.
(b)
Eligible projects. Projects are eligible if sponsored by an eligible entity and meet the eligibility requirements for a subsidy from the municipal, state or federal government under any program to assist the construction or rehabilitation of low and moderate income housing, and propose to set aside at least 25% of the total number of housing units as low or moderate income housing.
§ 15-6 Application requirements.
[Ord. No. 08-31, 10-7-2009]
(a)
Pre-application conference. To assist an applicant and to determine if all requirements, including eligibility, have been met prior to submission of a comprehensive permit application, pre-application conceptual review and eligibility determination meetings shall be scheduled with the planning director. The planning director shall schedule a pre-application meeting, which may include representation from the Planning Board and other local boards, or consist of a meeting with the entire Planning Board, within 30 days of the request from the applicant.
(b)
Required documents. A completed application to the Planning Board for a comprehensive permit to construct a low or moderate income housing project shall be submitted to the planning department. The application shall include the submission of the following documents:
(1)
A completed application form as provided by the planning department which includes specific identification of all relief requested from the provisions of this appendix and the Cumberland Land Development and Subdivision Regulations (the "regulations").
(2)
A report addressing how the proposed project is consistent with local needs, including, but not limited to, needs identified in the affordable housing plan, the comprehensive plan, and with any local zoning and land use ordinances, requirements and regulations enacted to address affordable housing needs in Cumberland.
(3)
Written evidence of site control or ownership.
(4)
Written evidence of eligibility for a municipal, state or federal subsidy, including an application in such form as may be prescribed for a municipal government subsidy, or a letter of eligibility issued by the R.I. Housing 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, as well as a timetable for the expected availability of the funding.
(5)
Written evidence of incorporation and/or nonprofit status of the applicant and operator of the facility, as applicable.
(6)
Written evidence of a monitoring agency with the capacity and the procedures in place to monitor the affordability of the project for a period of not less than 30 years from the initial occupancy, as applicable.
(7)
Proposed rental rates or sales prices to be charged for all housing units in the proposed development.
(8)
A sample land lease or deed restriction with affordability liens that will restrict use of the housing units as low or moderate income housing in conformance with the guidelines of the agency providing the subsidy, but for a period of not less than 30 years.
(9)
A financial pro-forma for the proposed development.
(10)
A proposed time table for the commencement of construction and completion of the project.
(c)
Required plans. A completed application for a comprehensive permit to construct a low or moderate income housing project shall also include the following plans and supporting materials:
(1)
For a comprehensive permit involving a minor land development or minor subdivision, those plans and materials as required in the regulations for a preliminary plan, with the exception of state or federal permits. For a comprehensive permit involving a major land development or major subdivision, plans and materials as required in the regulations for a master plan submission, including landscaping/tree preservation, grading, soil erosion and sedimentation control, and drainage plans stamped by the appropriate professional. (See checklists contained in the regulations).
(2)
Scaled architectural drawings including floor plans of typical units, typical elevations and sections, identifying construction type and exterior finish materials, signed and certified in accordance with the state building code.
(3)
A tabulation of proposed buildings by type and size (number of bedrooms and floor area), building lot coverage (total footprint) and percentage of total parcel to be occupied by buildings and paved areas, as well as identification of permanent open space areas.
(4)
Signage plan, including any entrance signage, street name signs and private development signs, if applicable.
(5)
Lighting plan, including frequency, style and intensity of proposed street and parking lot lighting and exterior building lighting.
(d)
Required fees. The applicant shall also submit the filing fee as listed in the current fee schedule for the Town as adopted by the Town Council. In addition to the filing fee, the applicant shall be responsible for all administrative costs incurred by the Town, including legal advertisement and stenographic services. The applicant may also be assessed a project review fee to allow the Town to offset the costs of professional and expert review of the proposed development, provided however, such fee shall not exceed the actual costs incurred by the Town.
(e)
Completeness of application. For an application involving a minor land development or minor subdivision, the planning director shall certify it as either complete or incomplete within the time periods as contained in the regulations. For an application involving a major land development or major subdivision, however, the planning director shall certify the master plan application within 30 days, and the preliminary plan application (see below) within 45 days of the receipt of submitted plans and materials. Incomplete applications shall be returned to the applicant or its authorized agent with instructions for completion. The time period will be deemed stopped upon the issuance of a certificate of incompleteness and will recommence upon the resubmission of a corrected application; however the planning director shall have no less than 14 days from the date of its resubmission to certify a corrected application as complete or incomplete.
(f)
Other requirements. Notwithstanding the submission requirements set forth in this section, the Planning Board may request additional reasonable documentation throughout the public hearing (see below), including opinions or statements from other local boards, or from outside experts.
§ 15-7 Review procedures.
[Ord. No. 08-31, 10-7-2009]
(a)
Public hearing required. The Planning Board shall hold a public hearing on the master plan with public notice of such hearing given at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town, and notice sent by mail to all parties entitled in accordance with § 5G.2 of the regulations. The cost of public notice and mailings shall be borne by the applicant.
(b)
Timetable for decision. For a comprehensive permit involving a minor land development or minor subdivision, the Planning Board shall, within 30 days of the issuance of a certificate of completeness, hold a public hearing, and within 95 days of the issuance of a certificate of completeness, render a decision. For a comprehensive permit involving a major land development or major subdivision, the Planning Board shall, within 120 days of the issuance of the certificate of completeness, or within such further time as may be agreed to by the board and the applicant, render a decision.
(c)
Preliminary and final review. The preliminary and final review phases of a comprehensive permit application shall be conducted according to the submittal requirements and timetables contained in the appropriate sections of the regulations, except as noted above. Evidence of all necessary state and federal permits shall not be required until prior to final approval or the issuance of a building permit.
§ 15-8 Decision of the Planning Board.
[Ord. No. 08-31, 10-7-2009]
(a)
Planning Board actions. In rendering a decision, the Planning Board may take the following actions:
(1)
Approve a comprehensive permit on the terms and conditions set forth in the application.
(2)
Approve a comprehensive permit with conditions with respect, but not limited to, the site plan, building density, setbacks, height, size, shape, building materials, landscaping, drainage and parking, in a manner that does not render the construction or operation of such housing infeasible.
(3)
Deny a comprehensive permit only if the project is inconsistent with local needs, including, but not limited to:
a.
The project is not in conformance with the Town comprehensive plan;
b.
The project is not in conformance with the affordable housing plan in the approved comprehensive plan, or with local zoning ordinances and procedures promulgated in conformance with the comprehensive plan;
c.
The Town has low and moderate income housing units in excess of 10% of the total yearround housing units, or has a plan for meeting this standard and the local ordinances, requirements and regulations to implement the plan; or
d.
The concerns for the environment and the health and safety of the occupants of the proposed housing or of the current residents of the Town have not been adequately addressed.
(b)
Positive findings. In taking final action on an application, the Planning Board shall make positive findings, supported by legally competent evidence on the record, on each of the following:
(1)
The proposed development is consistent with local needs as identified in the comprehensive plan, particularly the affordable housing plan;
(2)
The proposed development is in compliance with the standards and provisions of the Town's zoning ordinance and subdivision regulations, and/or where expressly varied or waived, local concerns that have been affected by the relief granted do not outweigh the state and local need for low and moderate income housing;
(3)
All low and moderate income housing proposed are integrated throughout the development, are similar 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 occupation of the market rate units;
(4)
There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all conditions for approval;
(5)
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, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical or cultural features that contribute to the attractiveness of the community; and
(6)
The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots would be impracticable.
(c)
Recording of decision. All decisions shall be recorded in the land evidence records of the Town of Cumberland. If the comprehensive permit is for a major or minor land development plan or a major or minor subdivision, any decision must also be signed and recorded in accordance with § 3K of the regulations.
No building permit shall be issued by the Building Official for any unit in the proposed development until written evidence has been provided by the developer that the project has received approval for the appropriate municipal, state or federal subsidy. |
§ 15-9 Appeals.
[Ord. No. 08-31, 10-7-2009]
(a)
Appeal of approval. Any person aggrieved by an approval of a comprehensive permit for the construction of a low or moderate income housing project may appeal to the superior court within 20 days of the issuance of the approval.
(b)
Appeal of denial. An appeal of a denial of a comprehensive permit, or the granting of a permit with conditions or requirements that make the building or operation of the housing project infeasible, may be filed with the state housing appeals board, pursuant to the provisions for an appeal as set forth in G.L. § 45-53.
(1)
The state housing appeals board shall forthwith notify the Planning Board and all persons entitled to notice of the filing of the appeal, and the Planning Board shall post the notice of appeal in the Cumberland Town Hall for a period of not less than 10 days.
(2)
The Planning Board, shall, within 10 days of the receipt of such notice, transmit to the appeals board a transcript describing its decisions, the reason for the decision, who was present and a record of their vote, and the findings of fact.
§ 15-10 Expiration of a comprehensive permit.
[Ord. No. 08-31, 10-7-2009]
A comprehensive permit shall expire unless construction is started within 12 months and completed within 60 months of final plan approval, unless a longer and/or phased period of development is agreed to by the Planning 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.
§ 15-11 Limitations on applications from private developers.
[Ord. No. 08-31, 10-7-2009]
Notwithstanding the timetables set forth in other sections of this article, the Planning Board shall have the authority to consider comprehensive permit applications from private for-profit developers sequentially in the order in which they are submitted. In addition, the Planning Board may limit the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of 1% of the total number of yearround housing units in the Town, as recognized in the approved affordable housing plan. In exercising this option, the Town must be in compliance with the implementation requirements of the affordable housing plan, according to the most recent report of the R.I. Housing Resources Commission.
§ 15-12 Inclusionary zoning.
[Ord. No. 08-31, 10-7-2009]
(Reserved)