The purpose of inclusionary zoning is to guide new development and reuse projects so that they support the town's goal of housing diversity consistent with the town comprehensive plan, and with statewide planning and housing guidance. The intention of these provisions is to assure that all new residential developments of five or more dwelling units will contribute to the supply of housing at affordable prices in the town.

To achieve that intention, a share of the units resulting from such developments is to be affordably priced, subject to a price limitation to assure initial affordability, with deed rider or land lease assuring that purchaser's or tenant's incomes meet prescribed limits at the time of initial purchase or occupancy and that such affordability and income eligibility will again be observed at the time of future turnover.

The following is the town's preferred progression of affordable housing options:

(1)

Affordable units developed on site.

(2)

Off-site rehabilitation of affordable units in existing buildings.

(3)

Off-site new construction of affordable units.

(Ord. No. 07-21, § 3, 9-10-2007; Ord. No. 18-23, § 1, 10-29-2018)

(a)

Basic requirement. Any development which results in the net addition of five or more housing units shall assure that a number of units no fewer than ten percent of the net added housing units resulting from the development shall be affordable as specified in RIGL 1956, § 42-128-8.1(d)(1).

(1)

For the purposes of article XXII (inclusionary zoning), and the evaluation of the basic requirement, a structure shall have a certificate of occupancy at the time of filing of any master plan application for subdivision with the town to be considered an existing housing unit.

(2)

Any parcels or groups of parcels subdivided in a manner that provides a net increase in housing units as defined in article XXII of the North Kingstown Zoning Ordinance shall be prohibited from submitting any new subdivision applications that provide a net increase in housing units for the same parcel or group of parcels for a period of ten years unless the total new housing units on any of the involved parcels is used in calculations for inclusionary housing requirements.

(b)

Off-site location. The basic inclusionary unit requirement may be met in part or whole by locating some or all of the required inclusionary housing units on an alternative site or sites within the town if a finding is made by the planning commission that location off-site would well serve the future residents of those units. Off-site inclusionary housing units may be located in an existing structure which is to be rehabilitated, but to be credited towards meeting the inclusionary requirement of section 21-601(a) the units must not be ones which are already eligible to be counted as low and moderate income housing under RIGL § 45-53. New off-site housing units created to satisfy the requirement of this section for inclusionary housing units shall be considered part of the total number of units for the purpose of determining the total required number of inclusionary housing units.

(1)

If the off-site development results in the net addition of five or more housing units, the development shall incorporate both the required inclusionary units for the off-site development plus the incorporated off-site units triggered by the subject property.

(2)

The number of inclusionary units, if located off-site, shall be equivalent to 1.5 times the number of inclusionary units required on-site. The number of units shall be rounded up.

(3)

Off-site inclusionary units shall be timed for occupancy as indicated in section 21-604 as it relates to both properties. Any necessary clarification shall be included in the planning commission's conditions related to the subdivision or land development approval.

(4)

If off-site units are proposed in existing structures, the applicant shall provide evidence to the planning commission that the:

a.

The housing unit(s) to be renovated have no violations of building codes.

b.

No existing tenants will be displaced due to the acquisition of the unit to satisfy the inclusionary requirements.

c.

Reserved.

d.

The applicant must have site control of the off-site units prior to the issuance of any building permits for market rate units in the triggering development.

(5)

If proposing the off-site units on an undeveloped site, the following must be addressed:

a.

The applicant must have site control prior to the issuance of any building permits for market rate units in the triggering development. The applicant must include supporting documentation of site control during the permitting process for the subdivision or land development.

b.

The applicant must provide evidence satisfactory to the planning commission that the land is developable under existing zoning for the required number of inclusionary zoning.

(6)

The following supporting information shall be submitted, considered and analyzed as part a proposal for off-site units:

a.

The off-site units are preferred within one-half mile of the triggering property unless circumstances, which are discussed and approved by the planning commission through supporting documentation provided by the applicant, prove the proposed off-site location to be advantageous over properties within the radius.

b.

The applicant must demonstrate the accessibility of both properties to public transportation, infrastructure, and community assets and features. This information shall be provided in narrative and map form.

c.

The applicant must provide data regarding the percentage of affordable units already existing in a quarter-mile radius of the off-site property.

d.

The applicant shall provide a narrative and mapping describing the general character of the surrounding area for both the off-site location and the triggering property.

e.

The off-site units shall be comparable or larger in size and bedroom count of the average units being associated within the triggering project unless the applicant can prove and identify that a different type of housing unit better fits the neighborhood of the off-site location or the overall housing type need of North Kingstown.

(c)

Accessory dwelling units. Housing units qualifying as "accessory dwelling units" as defined in section 21-22 shall not be counted as "housing units" either in determining the number of inclusionary units required under section 21-601(a) or in determining the number of proposed housing units which satisfy that requirement.

(Ord. No. 07-21, § 3, 9-10-2007; Ord. No. 15-09, § 1, 7-18-2015; Ord. No. 18-23, § 1, 10-29-2018; Ord. No. 20-12, § 1, 5-18-2020; Ord. No. 21-06, § 1, 5-10-2021)

(a)

Basic requirement. All inclusionary units required under this section shall be "low and moderate income housing" as defined in section 21-22. The required minimum term of affordability shall be not less than 99 years, and shall be renewable for the same term upon resale of the unit prior to expiration of the term.

(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 sub-leased only to a household meeting the applicable income restrictions on affordability.

(c)

Qualification and monitoring. The developer or owner shall contract with a monitoring agency approved by the RI Housing and Mortgage Finance Corporation for the following purposes:

(1)

To determine pricing for initial sale, resale, lease, transfer or sublease of the inclusionary dwelling units.

(2)

To qualify purchasers or renters for initial occupancy based on 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 commission.

(4)

Rhode Island Housing and the Town of North Kingstown shall be a party to any such monitoring agreement.

(d)

Long-term affordability. Long-term affordability shall be assured through a land lease and/or deed restriction recorded in the town land evidence records before the sale or lease of the inclusionary unit. The lease or deed restriction shall include information regarding:

(1)

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

(2)

Restrictions concerning who may occupy the unit, and for what period.

(3)

Reserved.

(4)

Provisions for monitoring and assurance of compliance over time.

(5)

Provisions under which the town, a non-profit organization designated by the town, or Rhode Island Housing may exercise a right of first refusal to purchase an inclusionary unit being offered for sale.

(Ord. No. 07-21, § 3, 9-10-2007; Ord. No. 18-23, § 1, 10-29-2018; Ord. No. 20-12, § 1, 5-18-2020)

The following cost mitigation measures are provided as a subsidy to contribute to offsetting the net cost impact of providing housing units at affordable prices.

(1)

Density bonus. The number of housing units allowable on the site or sites involved shall be increased above that otherwise allowable by a number equal to the number of inclusionary units required by section 21-601. The net increase in housing units shall not exceed 50 percent of the original property yield before any density bonuses were applied. At all times, the percentage of affordable units shall be no less than ten percent.

a.

Reserved.

b.

For land within the groundwater recharge and wellhead protection overlay districts or the Narrow River SAM Plan, such density bonus may be exercised only upon determination by the planning commission that documentation from the applicant, including deeded performance standards satisfactory to the CRMC and the planning commission, assure that the intentions of those districts and that plan will be met.

c.

Guidance materials for determining the densities and numbers of units allowable per those rules are to be prepared and regularly updated by the town planning department in consultation with the department of water supply, the CRMC, and the planning commission, and shall be made easily available to applicants.

d.

Reserved.

(2)

Limitations adjusted. The planning commission shall have the authority to adjust the applicable dimensional regulations of article IV as it finds necessary to accommodate the allowed bonus and consistent with good planning practice. The adjusted dimensional regulations applicable to the development shall be shown on the final plat for the development.

(3)

Exemption from impact fee requirements. Housing units restricted in sale price or rent per these requirements shall be exempted from the impact fee requirements of article XXI, development impact fees.

(4)

Expedited permitting. All involved departments, boards and staff shall develop and implement procedures which will expedite the application and review procedures for residential developments subject to inclusionary requirements to the extent consistent with assuring well-considered outcomes, by measures such as giving scheduling priority to applications involving inclusionary units, arranging for staff assistance to applicants, or concurrent rather than sequential agency reviews.

(Ord. No. 07-21, § 3, 9-10-2007; Ord. No. 18-23, § 1, 10-29-2018; Ord. No. 20-12, § 1, 5-18-2020)

(a)

Inclusionary unit location and appearance. Inclusionary units shall be integrated within the development to the degree feasible, and not separately segregated. The exterior appearance of the inclusionary units shall be compatible with and, except for unit size, essentially indistinguishable from the others.

(b)

Unit size. The number of bedrooms per inclusionary unit shall be no lower than 1.0 less than the market unit average unless special circumstances of occupancy dictate otherwise. The average gross floor area of the inclusionary units shall be no smaller than 50 percent that of the market rate unit average unless special circumstances dictate otherwise. Any unit size modifications due to special circumstances shall require approval by the planning commission.

(c)

Timing of occupancy. The affordable units in any specific approved phase of a development shall be built and occupiable in relation to the construction and occupancy of any market rate units in that specific phase. The percentage of all the proposed market rate units which have been granted a certificate of use and occupancy shall at no time exceed the percentage of all of the proposed inclusionary units granted certificates of use and occupancy by more than 25 percent. For example, certificates of use and occupancy may not be granted for more than 50 percent of the proposed market rate units until the percentage of proposed inclusionary units granted such certificates exceeds 25 percent of the total of those units proposed. The certificate of use and occupancy for the last market-rate unit shall not be granted until all inclusionary units have such certificates.

(Ord. No. 07-21, § 3, 9-10-2007; Ord. No. 18-23, § 1, 10-29-2018; Ord. No. 20-12, § 1, 5-18-2020)

Plan required. The applicant shall submit an inclusionary unit marketing and resident selection plan for approval by the planning commission prior to its initiation. That plan shall meet state and federal fair housing requirements and shall describe how the inclusionary 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.

(Ord. No. 07-21, § 3, 9-10-2007; Ord. No. 08-09, § 1, 6-9-2008; Ord. No. 20-12, § 1, 5-18-2020)