A.

Findings. It is a public purpose of the Town of Exeter to achieve and maintain a diverse and balanced community with housing opportunities for residents of all income levels. Through its affordable housing plan, the town has formally committed itself to meeting the 10 percent affordable housing goal established by Title 45, Chapter 53 of the General Laws, the Low and Moderate Income Housing Act (G.L. ch. 45-53) and has specified the strategies and means by which the goal is to be achieved. This section sets forth a regulatory framework that is designed to ensure an adequate supply of housing to serve these needs.

B.

Intent. The affordable housing provisions of this article are intended:

1.

To promote affordable housing production in accordance with the goals and policies of the town comprehensive plan's housing element and affordable housing plan;

2.

To encourage the development and availability of housing that qualifies as low or moderate income housing as mandated by the Rhode Island Low and Moderate Income Act, and the Rhode Island Comprehensive Housing Production and Rehabilitation Act of 2004, as amended; and

3.

To maintain and enhance the socio-economic diversity of the community through the development of housing for all populations within the Town, including, but not limited to, housing for the resident workforce and housing for special needs populations.

(Ord. of 9-4-07, § 2; Ord. of 12-4-2023(1))

A.

Basic requirement. All affordable units provided created pursuant to this ordinance shall meet the definition of "low or moderate income housing" in article I, section 1.2 of this ordinance. The required minimum term of affordability shall be 30 years.

B.

Eligible occupants. Ownership units shall be occupied by their purchasers as their primary residence and not rented for seasonal occupancy nor rented for any other occupancy except during temporary absences totaling not more than eight weeks in any 12-month period. Rental units may be leased only to households meeting the applicable income restrictions.

C.

Qualification and monitoring. In order to assure that the occupancy and level of affordability of low or moderate-income housing units are maintained over time in accordance with this ordinance and with Rhode Island Housing regulations, the developer shall contract with a monitoring agent appointed by the R.I. Housing Resources Commission for the following purposes:

1.

To determine pricing for initial sale, resale, lease or sublease of affordable dwelling units;

2.

To qualify purchasers or renters for occupancy based upon household size and income;

3.

To assist in the development of a marketing and resident selection plan that meets state and federal fair housing requirements, to be approved by the Planning Board; and

4.

To monitor occupancy of the affordable dwelling units to ensure compliance with these requirements.

D.

Long-term affordability. Long-term affordability shall be assured through a land lease or deed restriction, recorded in the land evidence records prior to the sale or lease of the affordable unit, addressing the following items:

1.

The basis for calculation of the maximum allowable sales or rental price for the housing unit both initially and on future buyers or renters;

2.

Provisions for monitoring and assurance of compliance over time; and

3.

Provisions under which the town may exercise a right of first refusal to purchase an affordable unit being offered for sale.

(Ord. of 9-4-07, § 2; Ord. of 12-4-2023(1))

A.

Plan required. The developer of all low or moderate income units created pursuant to this ordinance shall submit an affordable unit marketing and resident selection plan for approval by the planning board prior to its initiation. The plan shall describe how the low or moderate income units will be marketed and potential homebuyers or tenants selected, including a description of the lottery or other process to be used for their selection.

B.

Local preference. Income-blind priority shall be given in resident selection for 80 percent of the inclusionary or other affordable units (rounded down to the nearest unit) to households containing persons currently residing or employed in the town, or persons having children, parents, or siblings who are resident in the town. If the applicant pool of such persons contains a smaller percentage of minority applicants (Native American or Alaskan Native, Asian or Pacific Islander, Black, Hispanic, Cape Verdean) than the statewide percentage, additional minority applicants not qualifying for local preference shall be added to the pool until it reaches the statewide percentage.

(Ord. of 9-4-07, § 2; Ord. of 11-6-2023(1); Ord. of 12-4-2023(1))

Editor's note— An ordinance adopted Nov. 6, 2023, repealed § 9.4, which pertained to inclusionary zoning and derived from Ord. of 9-4-07, § 2.