(A)

Local review board. In accordance with R.I.G.L. title 45, chapter 53, the R.I. Low- and Moderate-Income Housing Act, as amended, the planning board is designated as the local review board with the authority to issue a comprehensive permit to build or rehabilitate a qualifying low- or moderate-income housing project. 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.

(B)

Definitions. The following words, wherever used in this section, unless a different meaning clearly appears from the context, have the following meanings:

Adjustment means relief from the use or dimensional requirements of the zoning ordinance or the design standards or requirements of the land development and subdivision regulations.

Affordable housing plan means the component of the housing element of the Hopkinton comprehensive plan that addresses housing needs, prepared in accordance with guidelines adopted by the state planning council and meeting the provisions of R.I.G.L. § 45-53-4(d)(1) and (e).

Approved affordable housing plan means 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.

Comprehensive plan means the comprehensive plan adopted and approved by the town of Hopkinton pursuant to R.I.G.L. title 45, chapters 22.2 and 22.3.

Consistent with local needs means reasonable in view of the state need for low- and moderate-income housing, considered with the number of low-income persons in Hopkinton affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of Hopkinton, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the Hopkinton zoning ordinance and the Hopkinton land development and subdivision regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by a city or town council after comprehensive hearing in a town where:

(1)

Low- or moderate-income housing exists that is (a) In the case of an urban city or town that has at least five thousand (5,000) occupied year-round rental units and the units, as reported in the latest decennial census of the city or town, comprise twenty-five (25) percent or more of the year-round housing units, and is in excess of fifteen (15) percent of the total occupied year-round sixteen (16) rental units; or (b) In the case of all other cities or towns, is in excess of ten (10) percent of the year-round housing units reported in the census.

(2)

The city or town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan that has been adopted and approved pursuant to R.I.G.L. title 45, chapters 22.2 and 22.3, and the housing element of the comprehensive plan provides for low- and moderate-income housing in excess of either ten (10) percent of the year-round housing units or fifteen (15) percent of the occupied year-round rental housing units.

(3)

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 R.I.G.L. § 45-53-3.1.

Infeasible means that it is financially or logistically impracticable for an applicant to build a comprehensive permit development without changing the rent levels or unit sizes because of conditions placed on approval of the comprehensive permit by the planning board or a subsidizing government agency that relate to the size or character of the development, the amount or nature of the subsidy, or the income levels of tenants.

Letter of eligibility means a letter issued by the R.I. housing and mortgage finance corporation in accordance with R.I.G.L.. § 42-55-5.3(a).

Low- or moderate-income housing is year-round housing built with a federal , state, or municipal subsidy that has a deed-restricted sales price or rental amount that is within means of a household that is moderate-income or less, as defined by R.I.G.L. § 42-128-8.1(d), and that will remain affordable for at least thirty (30) years. Synonymous with "low- or moderate-income housing."

Meeting local housing needs means as a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least twenty (20) percent of the total residential units approved by the planning board in a calendar year are for low- and moderate-income housing.

Monitoring agent means a monitoring agent appointed by the R.I. Housing Resources Commission pursuant to R.I.G.L. § 45-53-3.2 to provide the monitoring and oversight set forth in R.I.G.L. §§ 45-53-3.2 and 45-53-4.

Municipal government subsidy means assistance made available through a town program sufficient to make housing affordable, as affordable housing is defined in R.I.G.I. § 34-42-128-8.1(d)(1). Such assistance shall include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses or internal subsidies, zoning incentives, and adjustments, or any combination of those forms of assistance.

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.

(C)

Mandatory zoning incentives. The planning board shall approve the following zoning incentives:

(1)

Density bonuses. If the applicant can demonstrate to the planning board that the R.I. Department of Environmental Management will approve the required on-site wastewater treatment systems, and that Town water is available to the site or that on-site wells will provide the water adequate to serve the proposed dwelling units, the provisions of the zoning ordinance concerning residential density shall be adjusted as follows:

(a)

In developments in which twenty-five (25) percent of the dwelling units will be low- or moderate- income, the minimum residential density is three (3) dwelling units per acre.

(b)

In development in which fifty (50) percent of the dwelling units will be low- or moderate- income, the minimum residential density is five (5) dwelling units per acre.

(c)

In developments in which one hundred (100) percent of the dwelling units will be low- or moderate- income, the minimum residential density is eight (8) dwelling units per acre.

(2)

Parking. Notwithstanding the parking requirements of this ordinance, no more than one (1) off-street parking space shall be required for a dwelling unit with one (1) or two (2) bedrooms.

(3)

Bedrooms. An applicant shall not be required to reduce the number of bedrooms in any dwelling unit to fewer than three (3).

(4)

Floor area. 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.

(D)

Town ordinances or policies that limit the number of residential dwelling units that can be constructed or place a moratorium on residential development shall not apply to approval of comprehensive permit applications.

(E)

Pre-application conference:

(1)

The applicant shall request a pre-application conference with the planning board. 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 any other material that will help the planning board understand the proposed project.

(2)

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 (30) days of the date the application is submitted, the applicant may submit an application for preliminary plan review.

(F)

Preliminary plan review:

(1)

The applicant shall submit the following material for preliminary plan review:

(a)

A completed comprehensive permit application form.

(b)

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.

(c)

A proposed timetable for the commencement of construction and completion of the project.

(d)

The preliminary plan checklist required by the land development and subdivision regulations and all the items required by the checklist except state or federal permits.

(2)

The administrative officer shall certify the application as complete or incomplete within twenty-five (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 ten (10) days to certify a revised application as complete.

(3)

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 public hearing on a major land development project shall apply. A stenographer shall take the minutes of the public hearing.

(4)

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.

(G)

Preliminary plan approval:

(1)

The planning board must approve or deny the application within ninety (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.

(2)

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.

(a)

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 Hopkinton's affordable housing plan. "Consistent with local needs" means reasonable in view of:

(I)

The state's need for low- and moderate-income housing.

(ii)

The number of low-income persons in Hopkinton.

(iii)

The need to protect the health and safety of the occupants of the development or the health and safety of Hopkinton residents.

(iv)

The need to promote better site and building design in relation to the surroundings or to preserve open spaces.

(v)

The need to apply Hopkinton's land use ordinances and regulations as equally as possible to subsidized and unsubsidized housing.

(b)

The development complies with the zoning ordinance and land development and subdivision regulations, or, if adjustments or zoning incentives have been granted from the provisions of the ordinance or regulations, the need for low- or moderate- income housing outweighs the impact of the adjustments or incentives.

(c)

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.

(d)

The development as approved will not have any significant negative effects on the health and safety of current or future residents of Hopkinton 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 Hopkinton.

(e)

All of the buildings in the development will have adequate and permanent physical access to a public street.

(f)

None of the building lots will have physical constraints to development that would make construction on those lots impracticable.

(3)

The decision must specifically identify each adjustment and zoning incentive approved. Any approved adjustment shall be considered a municipal government subsidy.

(4)

A majority vote of the planning board members present is necessary for approval.

(5)

The planning board's written decision shall be recorded in the land evidence records within twenty (20) days of the day the planning board votes. Within one (1) 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.

(6)

The approved preliminary plan expires two (2) years after the date of approval. The applicant may request two (2) to one-(1) 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.

(H)

Conditions of approval:

(1)

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.

(2)

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 period of time 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.

(I)

Denial of approval. The planning board may deny approval of the application for any of the following reasons:

(1)

Hopkinton has an approved affordable housing plan, Hopkinton 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 twenty (20) percent of the total residential units approved by the planning board in a calendar year are for low- and moderate-income housing.

(2)

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.

(3)

The proposed development is not in conformance with the comprehensive community plan.

(4)

Hopkinton has plans to make ten (10) 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.

(5)

The proposed development may negatively impact the environment and the health and safety of current Hopkinton residents and the applicant has not adequately addressed those concerns.

(J)

Final plan approval:

(1)

The applicant shall submit the following material for final plan approval:

(a)

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.

(b)

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.

(c)

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 thirty (30) years.

(d)

The final plan checklist in the land development and subdivision regulations and all the items required by the checklist.

(e)

Arrangements for completion of the required public improvements, including financial guarantees.

(f)

For phased projects, the final plan submission for the second and subsequent phases of development shall include as-built drawings not previously submitted.

(2)

The administrative officer shall certify the application as complete or incomplete within twenty-five (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 ten (10) days to certify a revised application as complete.

(3)

The administrative officer shall approve the final plan within forty-five (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 if the applicant has proposed a major change to the approved preliminary plan. The administrative officer shall have the authority to approve minor changes in the approved preliminary plan. A public hearing is required for approval of a major change to an approved preliminary plan. If the administrative officer is referring final plan approval to the planning board, the administrative officer shall notify the applicant within fourteen (14) days of the day the final plan application was submitted.

(4)

The administrative officer's approval of the final plan shall be recorded in the land evidence records within twenty (20) days of the day of approval.

(5)

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.

(6)

The approved final plan expires two (2) years after the date of approval. The applicant may request a one-(1) 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.

(K)

Fees. Fees may be imposed on applications that are consistent with but do not exceed fees that would otherwise be assessed for a project of the same scope and type. The imposition of fees shall not preclude a showing by an applicant that the fees make the project financially infeasible.

(L)

Appeal:

(1)

The applicant or any person aggrieved by the decision of the planning board may appeal to the Washington County Superior Court pursuant to R.I.G.L. § 45-53-5.1 within twenty (20) days of the date the board's written decision was recorded in the land evidence records.

(2)

If the Superior Court remands the application to the planning board, the planning board shall hear the remanded application within thirty (30) days of the day it was received.

(Ch. 292, §(Exh. V), 12-4-23)