(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)

(a)

Purpose. The purpose of this section is to allow existing non-permitted accessory dwelling units, to come under compliance in order to meet Narragansett's housing needs (consistent with the Narragansett Comprehensive Plan and with state-wide planning and housing guidance), and to assure the long-term affordability of said units. Affordable accessory dwelling units (AADUs):

(1)

Protect stability, property values, and the residential character of a neighborhood by ensuring that AADUs are allowed only in owner-occupied single family residences and under such additional conditions as specified herein.

(2)

Provide for public safety by ensuring that AADUs exist legally, and in accordance with all applicable local and state codes.

(b)

Basic provisions.

(1)

Affordable accessory dwelling units (AADUs) are allowed by special use permit, only in residential zones authorized by section 6.3 and are subject to amnesty restrictions described in subsection 7A.6(c).

(2)

Properties authorized to legalize an AADU, whether in the single-family dwelling itself or in an accessory structure, shall be considered a single-family dwelling for zoning, water, sewer and taxing purposes.

(3)

No more than one AADU shall be permitted per primary dwelling on any lot.

(4)

An AADU shall not be permitted on a lot that contains a two-family or multifamily dwelling, or a commercial or industrial use.

(c)

Amnesty provision for existing unauthorized dwelling units.

(1)

The purpose of this provision is to implement an amnesty procedure for existing dwelling units that were created without a validly-issued variance, special use permit, building permit or occupancy permit (and is not a legally preexisting, nonconforming use or structure), to be brought into compliance and add to the town's stock of affordable housing. Amnesty shall be granted to those dwelling units which apply to these provisions herein.

(2)

The owner of a lot containing an unauthorized dwelling unit as described in subsection (c)(1) of this section may apply for a special use permit under this section to authorize the dwelling unit as an AADU which shall in all events require rehabilitation work as necessary to bring the unit up to all applicable housing and safety standards. Where no rehabilitation is required, the owner may submit for a special use permit without the necessity of denial of a building permit.

This application shall be made within two years of the effective date of this section; otherwise, the provisions of this section shall not apply to such lots and the unit shall be removed.

(3)

In order to be eligible for the amnesty provision in subsection (c)(2) of this section, the owner shall submit evidence that the unauthorized dwelling unit existed on January 1, 2009, and was occupied continuously for at least three months during 2008.

(4)

Nothing articulated within this section can prohibit an owner/applicant from requesting a variance through the zoning board of review for approval of AADU, where conditions are not in compliance with technical standards of this section.

(d)

Municipal subsidy. The legalization of an AADU on either a lot that complies with the dimensional regulations for a single-family dwelling, or is deemed legal nonconforming, represents a density increase that shall serve as a municipal subsidy (see subsection 7A.1(c)). To facilitate that end, local fees for the inspection of properties identified under these provisions will be waived, while tax abatement or other fee waivers may be considered on a case by case basis.

(e)

Dimensional requirements.

(1)

The lot on which the AADU is legalized shall meet the dimensional regulations for a single-family dwelling in the applicable zoning district or be deemed a legal nonconforming lot.

(2)

One parking space shall be provided to serve the AADU, in addition to the spaces required for the principal dwelling unit.

(f)

Affordability and occupancy requirements.

(1)

The AADU shall comply with the affordability requirements of section 7A.2, including requirements for tenant eligibility, qualification and monitoring.

(2)

The AADU shall be affordable to a qualified low- or moderate-income household, and occupied on a year-round basis.

(3)

The AADU shall be made subject to a deed restriction, recorded in the Narragansett Land Evidence Records prior to lease of the unit, which assures low-/moderate-income affordability and occupancy for a period of not less than 30 years.

a.

To the extent allowable by law, any negative impact on the value of the property resulting from the deed restriction will be reflected in the property tax assessment.

b.

The deed restriction shall be revocable if the AADU is removed.

(4)

Documentation evidencing that the AADU rental is consistent with these requirements shall be provided to the Narragansett Affordable Housing Corporation or other qualified monitoring agent annually and upon change in occupancy.

(5)

There shall be a written lease for AADUs which shall be for a minimum duration of 12 months.

(g)

Unit size and design requirements.

(1)

An AADU shall not contain more than two bedrooms.

(2)

The facade of the primary residence shall retain its appearance as a single-family dwelling. All efforts should be made to maintain the design character of the primary dwelling, and to locate the entrance to the accessory dwelling unit as inconspicuously as possible (for example, placing such entries on the side or back of the structure).

(3)

The floor area of an AADU within a single-family dwelling shall not exceed 26 percent of the total living area of the dwelling (i.e., the combined floor area of the main dwelling unit and the accessory dwelling unit).

(4)

The floor area of an AADU in an accessory structure shall not exceed 26 percent of the living area of the principal dwelling.

* For structures with floor areas not listed above, the allowed area for an AADU shall equal 26% of the gross floor area.

(h)

Compliance with other codes and regulations.

(1)

The AADU shall meet all requirements of R.I.G.L. 23-27.3 (the state building code), R.I.G.L. 45-24.3 (the housing maintenance and occupancy code), and all applicable fire codes. These shall be completed prior to issuance of a certificate of use and occupancy.

(2)

The service capacity of all utilities, including water supply and wastewater disposal shall be adequate to serve the lot with the accessory dwelling unit.

a.

On any lot serviced with an individual sewage disposal system (ISDS), the applicant for AADU approval shall have the capacity of the existing or any new system confirmed by RIDEM, as necessary.

(Ch. 901, § 2, 7-21-2008; Ch. 921, § 3, 8-17-2009; Ch. 1118, § 12, 12-18-2023)

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)