(a)

Findings. It is a public purpose of the Town of Narragansett 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 ten percent affordable housing goal established by the Low and Moderate Income Housing Act (R.I.G.L. 45-53) and has specified the strategies and means by which the goal is to be achieved. In order to implement the goals and objectives of the Narragansett Comprehensive Plan and the affordable housing plan, it is essential that new residential development contain housing for households of low and moderate income. This section sets forth a regulatory framework which is designed to ensure an adequate supply of housing to serve these needs.

(b)

Intent. The affordable housing provisions of this section 7A are intended:

(1)

To promote affordable housing production in accordance with the goals and policies of the Narragansett 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 R.I.G.L. 45-53, the Rhode Island Low and Moderate Income Act, and the Rhode Island Comprehensive Housing Production and Rehabilitation Act of 2004, as amended;

(3)

To promote mixed income household occupancy in new subdivisions and land development projects throughout the town;

(4)

To encourage and perpetuate 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.

(5)

To allow landowners and/or developers a reasonable return on their investment, to write down land and infrastructure development costs as part of a municipal subsidy program for the construction and/or rehabilitation of affordable housing units.

(c)

Municipal subsidy program. It is the intent of the Town of Narragansett to promote the development or rehabilitation of affordable housing by providing a municipal subsidy to the owner/developer when appropriate. Town subsidies, including adjustments and zoning incentives are to be made available to applications under section 7A to offset the differential costs of the low- or moderate-income housing units in a development under this section. At a minimum, the following zoning incentives shall be allowed for projects submitted under section 7A.7.

(1)

Density bonus. The town shall provide an applicant with more dwelling units than allowed by right under this 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 RIGL 45-53-3. The town shall provide, at a minimum, the following density bonuses for projects submitted under section 7A, 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:

a.

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 which provides at least 25 percent low- and moderate-income housing shall be at least five units per acre;

b.

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 which provides at least 50 percent low- and moderate-income housing shall be at least nine units per acre;

c.

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 which provides 100 percent low- and moderate-income housing shall be at least 12 units per acre;

d.

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 which provides at least 25 percent low- and moderate-income housing shall be at least three units per acre;

e.

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 which provides at least 50 percent low- and moderate-income housing shall be at least five units per acre;

f.

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 which provides 100 percent low- and moderate-income housing shall be at least eight units per acre.

(2)

Parking. The town shall not require more than one off-street parking space per dwelling units for units up to and including two bedrooms in applications submitted under this section.

(3)

Bedrooms. The town shall not limit the number of bedrooms for applications submitted under this section to less than three bedrooms per dwelling unit for single-family dwelling units.

(4)

Floor area. The town shall not utilize floor area requirements to limit any application submitted under this section except as provided by RIGL 45.24.3-11

(5)

Other types of municipal subsidy. Other municipal subsidies may take the form of land banking, waiver of local policies such as sewer permits, abatement of taxes, or waiver of fees such as subdivision fees, building permit fees, or sewer development lot fees. The town may also consider other such waivers or bonuses that may become available to the town in the future and which achieve essentially the same purpose. In extraordinary cases, the town may consider providing direct financial support to an affordable housing development. Town council shall be the sole authority to issue sewer permit waivers.

(6)

Municipal subsidies specified by ordinance. Where this ordinance specifies one or more types of municipal subsidy for a particular type of affordable housing development, such types are deemed to be sufficient and shall be the only subsidies required for that type of development.

(7)

Comprehensive permits. The planning board shall have sole authority to exercise this authority for any applications submitted under RIGL 45-53. Not withstanding the planning board's express authority under RIGL 45-53, the town council shall be the sole authority to issue sewer permit waivers.

(Ch. 901, § 2, 7-21-2008; Ch. 1117, § 8, 12-18-2023)

(a)

Basic requirement. All inclusionary units provided under section 7A.4, and other affordable units provided under subsequent sections or approved within a comprehensive permit application, shall meet the definition of "low or moderate income housing" as contained in R.I.G.L. 45-53-3. The required minimum term of affordability shall be not less than 30 years or such longer period as specified in sections 7A.4, et seq., as applicable.

(b)

Eligible occupants. Ownership units shall be occupied by their purchasers as their primary residence and not rented. Rental units may be sub-leased only with the approval of the Narragansett Housing Authority or the state-approved monitoring agent to a household meeting the applicable income restrictions on affordability.

(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 the Narragansett Affordable Housing Corporation for the following purposes:

(1)

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

(2)

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

(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.

Should the Narragansett Affordable Housing Corporation not be available to provide such services, the developer shall contract with another monitoring agency approved by the Rhode Island Housing and Mortgage Finance Corporation.

(d)

Long-term affordability. Long-term affordability shall be assured through a land lease or deed restriction, recorded in the Narragansett 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)

A marketing plan that meets local preferences and state and federal fair housing requirements;

(3)

Provisions for monitoring and assurance of compliance over time; and

(4)

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

(Ch. 901, § 2, 7-21-2008)

(a)

Plan required. The developer of low or moderate income units under Sections 7A.4, et seq., shall submit an affordable unit marketing and resident selection plan for approval by the planning board prior to its initiation. The plan shall meet state and federal fair housing requirements and 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. Priority shall be given in resident selection to local preference households for up to 80 percent of the inclusionary or other affordable units (rounded down to the nearest unit), or such lower share as may be required by other applicable authorities. "Local preference households" are to include those containing persons currently residing or employed in the town, or hired to do so but not yet working within the town. They may include others, such as persons having children, parents, or siblings who are resident in the town, if shown to be consistent with state and federal fair housing requirements and approved by the planning board.

(Ch. 901, § 2, 7-21-2008)

Editor's note— Ch. 1117, § 9, adopted December 18, 2023, repealed § 7A.4, which pertained to inclusionary zoning and derived from Ch. 901, § 2, July 21, 2008.

[RESERVED]

(Ch. 901, § 2, 7-21-2008)

Editor's note— Ch. 1137 § 4, adopted June 16, 2025, repealed § 7A.6, which pertained to Affordable accessory dwelling units and derived from Ch. 901, § 2, 7-21-2008; Ch. 921, § 3, August 17, 2009; Ch. 1118, § 12, December 18, 2023.

Any applicant proposing to build low- or moderate-income housing may submit to the town a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least 25 percent of the housing is low- or moderate-income housing. The application and review process for a comprehensive permit shall be as directed in the Narragansett Subdivision and Land Development Regulations 1995 as amended.

(Ch. 1117, § 10, 12-18-2023)