a.

In accordance with RIGL ch. 45-53, the Low and Moderate Income Housing Act, the purpose of this article is to provide opportunities for the establishment of low and moderate income housing for both individuals and families in the town. To address the need for affordable, accessible, safe and sanitary housing for citizens of low and moderate income, this article shall serve to regulate procedures for the application of low and moderate income housing projects under the provisions of the state law, and to establish incentives for the provision of such housing.

b.

In keeping with the goals and objectives of the town comprehensive community plan, low and moderate income housing shall be provided in a manner that maintains the character of the community and is commensurate with the ability of the town to provide good quality and cost effective services to its residents. In meeting the needs for affordable housing, priority consideration shall be given to the retrofitting of existing dwellings and the assimilation of low and moderate income housing into existing developments and neighborhoods.

(Ord. of 8-12-03; Ord. of 5-23-05; Ord. of 1-23-06)

a.

Adjustment(s): A request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the local view board's consideration of adjustments is set forth in section 7(e)(1)(ii) of this article and G.L. § 45-53-4(d)(2)(iii)(E)(II).

b.

Affordable housing plan: The component of the housing chapter of the Tiverton Comprehensive Community Plan that is developed to meet housing needs in the town, including that for low and moderate income residents, and is prepared in accordance with guidelines adopted by the state planning council.

c.

Completed application: A single application consisting of all forms, accompanying documents, exhibits and fees required pursuant to G.L. ch. 45-53, and section 5 of this article, submitted to request relief from the provisions of local ordinances in lieu of separate applications to the applicable local boards.

d.

Comprehensive permit: A single application to build low and moderate-income housing in lieu of separate applications to applicable boards.

e.

Consistent with local needs:

(1)

Local zoning and land use ordinances, requirements and regulations are considered consistent with local needs if they are reasonable in view of the state needs for low and moderate income housing; consider the number of low income persons in the town; are needed to protect the health and safety of the occupants of the proposed housing or of the residents of the town; promote better site and building design in relation to the surroundings or preserve open spaces; and if they are applied as equally as possible to both subsidized and unsubsidized housing.

(2)

Local zoning or land use ordinances, requirements or regulations are deemed reasonable if:

(a)

The number of low and moderate income housing units (defined below) are in excess of ten percent of the total number of year-round housing units in town, as calculated on an annual basis by the Rhode Island Housing and Mortgage Finance Corporation (RIHMFC); or

(b)

The housing element of the town comprehensive community plan provides for low and moderate income housing units in excess of ten percent of the year-round total housing units, and the local ordinances, requirements and regulations are in place to promulgate the plan.

f.

Denial: The planning board refuses to grant a comprehensive permit, or extends the public hearing without reasonable cause.

g.

Infeasible: Any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for any applicant to proceed in building or operating low- or moderate-income housing, within the limitations set by the subsidizing agency of government or local review planning board, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

h.

Letter of eligibility: A letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with G.L. § 42-55-5.3(a).

i.

Local review board: The planning board.

j.

Low and moderate income: Income as those terms are defined by the state or federal government program providing the subsidy for the proposed low or moderate income housing.

k.

Low or moderate income housing: Is synonymous with "affordable housing" as defined in G.L. § 42-128-8.1, and further means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of affordable housing and that will remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.

l.

Meeting local housing needs: 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 20 percent of the total residential units approved by a local review board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in G.L. § 42-128-8.1.

m.

Monitoring agents: Monitoring agents appointed by the Rhode Island Housing Resources Commission pursuant to G.L. § 45-53-3.2 and to provide the monitoring and oversight set forth in this G.L. § 45-53-1, et. seq., including, but not limited to, G.L. §§ 45-53-3.2 and 45-53-4.

n.

Municipal government subsidy: Assistance that is made available through a town program to make housing affordable, as affordable housing is defined above. Such assistance may include but not limited to: direct financial support; waiver of fees and charges; approval of density bonuses and/or internal subsidies; and any combination of forms of assistance.

o.

State housing appeals board: The board which hears appeals of denials or conditioned approvals from applicants filing an application for a comprehensive permit to construct or rehabilitate low or moderate income housing under the provisions of G.L. ch. 45-53.

p.

Subsidized housing: Housing which receives any direct or indirect municipal, state or federal financial assistance which reduces the cost of the development and results in the creation of affordable housing units for low and moderate income families.

(Ord. of 11-30-23(3))

a.

The town planning board shall have the power to issue a comprehensive permit for a qualifying low and moderate-income housing project submitted under the provisions of G.L. ch. 45-53, in lieu of separate applications to local boards who would otherwise act with respect to such project.

b.

The planning board shall have the right to attach to the comprehensive permit such reasonable conditions and requirements, and to offset the differential cost of the low- or moderate-income housing units with municipal subsidies, with respect to the site plan, building density, setbacks, height, size, shape, building materials, landscaping, drainage and parking consistent with the need to protect the health and safety of the occupants of the proposed housing and/or of the residents of the town. Municipal subsidies available for the planning board's use are specifically identified in section 4 of this article.

c.

The Tiverton Town Council, in accord with G.L. § 45-53-4(d)(10), limits the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent of the total number of year-round housing units in Tiverton, as recognized in the affordable housing plan and notwithstanding the timetables set forth in said plan. The planning board shall have the authority to consider comprehensive permit applications from for-profit developers, which are submitted pursuant to this article, sequentially in the order in which they are submitted.

(Ord. of 11-30-23(3))

a.

Applicants eligible to file a comprehensive permit for approval of construction or rehabilitation of low or moderate-income housing that will provide at least 25 percent of the housing as low- or moderate-income housing, and which remain affordable for 99 years or such other period that is agreed to by the applicant and the town, but shall not be less than 30 years from initial occupancy through a land lease and/or deed restriction, are:

1.

Any public agency, nonprofit organization or limited equity housing cooperative proposing to build or rehabilitate low or moderate-income housing; or

2.

Any private developer proposing to build low or moderate income housing.

(Ord. of 11-30-23(3))

In order to offset the differential cost of the low- or moderate-income housing units in this article, the following municipal subsidies shall be provided:

a.

Adjustments, meaning a request, or requests by the applicant to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the planning board's consideration of adjustments is set forth in section 7(e)(1)(ii) of this article (see G.L. § 45-53-4(d)(2)(iii)(E)(II)).

b.

Density bonus. The Town of Tiverton shall provide the following density bonuses for projects submitted under this section provided that the total land utilized under in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development, and easements or rights-of-way of record.

1.

For projects connected to public water and sewer, or eligible to be connected to public water and sewer, demonstrated through written confirmation from each respective service provider the following density bonuses are provided:

i.

For projects providing at least 25 percent low- and moderate-income housing the density bonus shall be five units per acre.

ii.

For projects providing at least 50 percent low- and moderate-income housing the density bonus shall be nine units per acre.

iii.

For projects providing at least 100 percent low- and moderate-income housing the density bonus shall be 12 units per acre.

2.

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 system to service the dwelling units from the applicable state agency the following density bonuses are provided:

i.

For projects providing at least 25 percent low- and moderate-income housing the density bonus shall be three units per acre.

ii.

For projects providing at least 50 percent low- and moderate-income housing the density bonus shall be five units per acre.

iii.

For projects providing at least 100 percent low- and moderate-income housing the density bonus shall be eight units per acre.

c.

Parking. For comprehensive permit applications, one off-street parking space per dwelling unit is required for units up to and including two bedrooms.

d.

Bedrooms. The bedroom count of units for a comprehensive permit are not limited to any count less than three bedrooms for single-family dwelling units.

e.

Floor area. There are no floor area limitations for comprehensive permit applications other than those provided by G.L. § 45-24.3-11.

(Ord. of 11-30-23(3))

a.

A completed pre-application submission to the planning board for a comprehensive permit to construct a low- or moderate-income housing project shall be submitted to the administrative officer in an electronic format, and with 25 paper copies, of the following documents:

1.

A short, written description of the project including the number of units and type of housing;

2.

A density analysis;

3.

A preliminary list of adjustments requested;

4.

A location map;

5.

And a conceptual site plan.

b.

A completed preliminary plan application to the planning board for a comprehensive permit to construct a low or moderate income housing project shall be submitted to the administrative officer in an electronic format, and with 25 paper copies, of the following documents:

1.

A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments or relief.

2.

A report addressing how the proposed project is consistent with local needs, including, but not limited to, needs identified in the affordable housing plan, the comprehensive plan, and with any local zoning and land use ordinances, requirements and regulations enacted to address affordable housing needs in town.

3.

Written evidence of site control or ownership.

4.

Written evidence of eligibility for a municipal, state or federal subsidy, including an application in such form as may be prescribed for a municipal government subsidy, or a letter of eligibility issued by the Rhode Island 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 agencies, an award letter indicating the subsidy, as well as a timetable for the expected availability of the funding.

5.

Written evidence of incorporation and/or non-profit status of the applicant and operator of the facility, as applicable.

6.

Proposed rental rates or sales prices to be charged for all housing units in the proposed development.

7.

A financial pro-forma for the proposed development.

8.

A proposed time table for the commencement of construction and completion of the project.

9.

Site development plans as required for a master plan submission for a major land development or major subdivision plan under the provisions contained in the town land development and subdivision regulations (see master plan checklist contained in the subdivision regulations).

10.

Scaled architectural drawings including floor plans of typical units, typical elevations and sections, identifying construction type and exterior finish materials, signed and certified in accordance with the state building code.

11.

A tabulation of proposed buildings by type and size (number of bedrooms and floor area), building lot coverage (total footprint) and percentage of total parcel to be occupied by buildings and paved areas, as well as identification of permanent open space areas.

12.

Signage plan, including any entrance signage, street name signs and private development signs, if applicable.

13.

Lighting plan, including frequency, style and intensity of proposed street and parking lot lighting and exterior building lighting.

14.

Those items included in the checklist for major land development and subdivision preliminary plan review application (see appendix B, Land Development and Subdivision Regulations, article VII, section 23-31), however, evidence of state or federal permits shall not be required until submission of the final plan application.

c.

Notwithstanding the submission requirements set forth in this section, the planning board may request additional reasonable documentation throughout the preliminary plan public hearing, including opinions or statements from other local boards and officials, credible evidence of application for necessary federal and or state permits, or from outside experts.

d.

A completed final plan application for a comprehensive permit to construct a low or moderate income housing project shall be submitted to the administrative officer in an electronic format, and with five paper copies if final plan review is to be conducted administratively, otherwise with 25 copies if to be reviewed by the planning board, of the following documents:

1.

All required state and federal permits.

2.

A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to G.L. § 45-53-3.2.

3.

A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than 30 years.

4.

Those items included in the checklist for major land development and subdivision preliminary plan review application (see appendix B, Land Development and Subdivision Regulations, article VII, section 23-34, Final plan review.

5.

Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.

6.

Certification by the tax collector that all property taxes are current.

7.

For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.

e.

The applicant shall also submit the filing fee at each stage of review as listed in the current fee schedule for the town as adopted by the town council. In addition to the filing fee, the applicant shall be responsible for all administrative costs incurred by the town, including legal advertisement and stenographic services. The applicant may also be assessed a project review fee to allow the town to offset the costs of professional and expert review of the proposed development, provided however, such fee shall not exceed the actual costs incurred by the town.

(Ord. of 11-30-23(3))

a.

Pre-application conference. A pre-application conference shall be held with the planning board.

1.

In advance of the pre-application conference, the applicant shall provide a pre-application submission to the administrative officer in accord with section 6 of this article.

2.

The planning board will hold a pre-application conference within 30 days of the applicant filing a completed submission for pre-application conference, unless a different timeframe is agreed to by the applicant in writing.

i.

If 30 days has elapsed from the filing of the pre-application submission, and no pre-application conference has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review.

3.

The pre-application conference is not a public hearing and does not require notice be provided in accord with appendix B, Land Development and Subdivision Regulations, article IV, section 23-14.

4.

Nothing herein prohibits the applicant from conferring with administrative officer prior to submitting a pre-application submission for review by the planning board.

b.

Preliminary plan.

1.

Submission requirements. In advance of the preliminary plan hearing, the application shall provide preliminary plan application to the administrative officer in accord with section 6 of this article.

2.

Certification of completeness. The preliminary plan must be certified complete or incomplete by the administrative officer according to the provisions of G.L. § 45-23-36(b), provided, however, that the certificate shall be granted within 25 days of submission of an application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a correct application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

3.

Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.

4.

Notice. Public notice for the public hearing will be the same notice required under appendix B, Land Development and Subdivision Regulations, article IV, section 23-14. The cost of notice shall be paid by the applicant.

5.

Timeframe for review. The planning board shall render a decision on the preliminary plan application within 90 days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.

6.

Failure to act. Failure of the planning board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed in sections 7(b)(3) and (5), the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.

7.

Decision on preliminary plan. The planning board shall render a decision to approve the preliminary plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of section 7(e) of this article.

8.

Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year, extensions upon written request by the applicant filed prior to the expiration of the vesting period, who must appear before the planning board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant prior to expiration of the vesting period, and approved by the planning board. The vesting for the preliminary plan approval includes all ordinances and provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.

c.

Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items at the preliminary plan review stage. If the applicant requested and was granted waivers from the submission of checklist items at the preliminary plan stage, the planning board, in its preliminary plan decision may vote to require the applicant to return to it for final plan review and approval.

1.

Submission requirements. The applicant shall provide its final plan application to the administrative officer in accord with section 6 of this article.

2.

Certificate of completeness. The final plan application must be certified complete or incomplete by the administrative officer according to the provisions of G.L. § 45-23-36; provided however, that, the certificate shall be granted within 25 days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

3.

Timeframe for review. The reviewing authority shall render a decision on the final plan application within 45 days of the date the application is certified complete.

4.

Decision on final plan.

i.

An application for final plan review filed in accordance with this article and subject to review by the administrative officer, shall be approved by the administrative officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.

ii.

An application for final plan review filed in accordance with this article and subject to review by the planning board, shall be conducted as public hearing with notice provided to the applicant and abutters within 200 feet of the perimeter of the property at least 14 days before the hearing.

5.

Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.

d.

Modifications and changes to plans.

1.

Minor changes to the plans approved at preliminary plan may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the local review board. Denial of the proposed change(s) shall be referred to the local review board for review as a major change. Minor changes include the following:

i.

Amendments to utility plans which are acceptable to the public works director, planning board consulting engineer and to the appropriate utility company;

ii.

Lot line revisions which can be reviewed and approved as an administrative subdivision;

iii.

Amendments to grading plans or drainage plans which are acceptable to the public works director and planning board consulting engineer which do not require approval of any state or federal reviewing authorities;

iv.

Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided;

v.

Modifications to any construction plans for off-site improvements which are acceptable to the public works director; or

vi.

Modifications which are required by outside permitting agencies such as, but not limited to, the state department of environment management, the coastal resources management council, and the state department of transportation.

2.

Major changes to the plans approved at preliminary plan may be approved only by the local review board and must include a public hearing with notice to abutters within 200 feet of the perimeter of the property at least 14 days before the hearing. The administrative officer shall notify the applicant in writing within 14 days of submission of the submission if the administrative officer determines the change to be a major change of the approved plans. Major changes include all those which are not deemed minor as well as the following:

i.

Changes which would have the effect of creating additional lots or dwelling units for development;

ii.

Changes which would be contrary to any applicable provision of the zoning ordinance or which require a variance or special use permit from the zoning board of review; or

iii.

Changes which may have significant negative impacts on abutting property or property in the vicinity of the proposed subdivision or land development project.

3.

Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the planning board, that proposed conditions of approval are infeasible, as defined in G.L. § 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

e.

Required findings.

1.

Required findings for approval. In approving a preliminary plan application for a comprehensive permit, the local review board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:

i.

The proposed development is consistent with local needs as identified in the comprehensive plan with particular emphasis on the affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

ii.

The proposed development is in compliance with the standards and provisions of the zoning ordinance and subdivision regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.

iii.

All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.

iv.

There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.

v.

All proposed land development and all subdivision lots will have adequate and permanent physical access to a public street in accordance with the requirements of appendix B, Land Development and Subdivision Regulations, article IX, section 23-45(a)(5).

vi.

The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.

2.

Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:

i.

The Town of Tiverton has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the local review board also finds that the municipality has made significant progress in implementing the housing plan;

ii.

The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinance and procedures promulgated in conformance with the comprehensive plan;

iii.

The proposal is not in conformance with the comprehensive plan;

iv.

The community has met or has plans to meet the goal of ten percent of the year-round units, provided that, the local review board also finds that the community has achieved or has made significant progress towards meeting the goals of the affordable housing plan; or

v.

Concerns for the environment and the health and safety of current residents have not been adequately addressed.

(Ord. of 11-30-23(3))

a.

Any person aggrieved by an approval of a comprehensive permit for the construction of a low- or moderate-income housing project may appeal to the Rhode Island Supreme Court, pursuant to the provisions for an appeal as set forth in G.L. §§ 45-53-5 and 45-53-5.1.

b.

An appeal of a denial of a comprehensive permit, or the granting of a permit with conditions or requirements that make the building or operation of the housing project infeasible, may be filed with the state housing appeals board, pursuant to the provisions for an appeal as set forth in G.L. §§ 45-53-5 and 45-53-5.1.

(Ord. of 11-30-23(3))

The approved final plan is vested for a period of two years with the right to extend for one one-year upon written request by the applicant prior to the expiration of the vesting period, who must appear before the planning board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant prior to expiration of the vesting period, and approved by the local review board.

(Ord. of 11-30-23(3))