In accordance with Title 45, Chapter 53 of the Rhode Island General Laws, the "Low and Moderate Income Housing Act," the planning board shall have the power to issue a comprehensive permit to eligible low and moderate income housing projects, which relief shall include all permits or approvals from any local board or official who would otherwise act with respect to such application including, but not limited to, the power to attached to the permit or approval conditions and requirements with respect to setbacks, height, site plan, size shape, building materials, landscaping and parking consistent with the terms of the Act.

This section of the town zoning ordinance shall apply to all conversions, reconstructions and rehabilitation proposals in which the creation of low and moderate income housing units is proposed. In the case of subdivision of land or major land development project, the Act shall apply under the guidelines of the Warren Subdivision Regulations.

Completed application: All necessary forms and all accompanying documents, exhibits and fees required of an applicant by the permitting board and preliminary review committee with respect to a comprehensive permit application.

Consistent with local needs: Local zoning or land use ordinances, requirements, and regulations are considered "consistent with local needs" if; they are reasonable in view of the State need for low and moderate income housing, considered with the number of low income persons in the town affected; they protect the health and safety of the occupants of the proposed housing or of the residence of town; they promote better site and building design in relation to the surroundings, or to preserve open spaces; the local zoning or land use ordinances, requirements, and 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 the town council after comprehensive hearing in a town where:

1.

Low or moderate income housing exists which is in excess of ten (10) percent of the housing units reported in the census.

2.

The town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan which has been adopted and approved and the housing element of the comprehensive plan provides for low and moderate income housing in excess of either ten (10) percent of the housing units or fifteen (15) percent of the occupied rental housing units.

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 zoning approval, to the extent that it makes it impossible for a public agency, nonprofit organization, or limited equity housing cooperative to proceed in building or operating low or moderate income housing without financial loss, within the limitations set by the subsidizing agency of government, 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 public agency, nonprofit organization, or limited equity housing cooperative.

Local board: Any town zoning board of review, planning board or commission, platting board of review, building inspector; or the officer or board having supervision of the construction of buildings or the power of enforcing municipal building, subdivision, or zoning laws; or the town council.

Low or moderate income housing: Any housing subsidized by the federal, state or local government under any program to assist the construction or rehabilitation of low or moderate income housing, as defined in the applicable federal or state statue, whether built or operated by any public agency or any nonprofit organizations, or by any limited equity housing cooperative, or any private developer.

Permitting board: The Warren Planning Board.

Preliminary review committee: (Committee) consisting of the zoning/building official, the planning board chairman or his/her designee, the zoning board of review chairman or his/her designee, a member of the voluntary historic district commission when the proposed project is within the National Register Historic District. The meeting shall be conducted in the same manner as a technical review committee with the planning administrative officer/building official serving as chair.

Entities eligible to submit to the permitting board a single application for a comprehensive permit to construct or rehabilitate low or moderate income housing, in lieu of separate applications to the applicable local boards, are;

A.

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

B.

Any private developer proposing a low or moderate rental housing which will remain as low and moderate income housing for a period of not less than thirty (30) years from initial occupancy.

Projects are eligible if sponsored by an eligible entity and:

A.

Are eligible for a subsidy from state or federal government agencies under any program to assist in the construction or rehabilitation of low and moderate income housing; and

B.

Have at least the minimum number of units reserved for low or moderate income housing as defined by the program providing the subsidy, or twenty-five (25) percent of the total number of units reserved for low or moderate income housing, whichever is greater; and

C.

Income eligibility and fair market rent requirements for tenants/homeowners of the units designated for low or moderate income households must not exceed guidelines established by HUD.

A.

The preliminary review committee shall review all project proposals seeking approval under the comprehensive permit process, as deemed necessary by the preliminary review committee chair and planning board administrative officer.

B.

It is the responsibility of the preliminary review committee to evaluate all evidence of the low and moderate housing stock to be generated by the proposed development, be it through rental units or homeownership. The committee shall review the applicant's comprehensive permit utilizing documentation, provided by the applicant, which presents the feasibility of the proposed development based on:

1.

Evidence of fair market rents, and housing affordability for families classified as of low and moderate income by the United Stated Department of Housing and Urban Development (HUD),

2.

The number of affordable units as set forth in section 32-156B, and

3.

The impact on the town's overall sustainable/subsidized housing stock.

C.

The preliminary review committee shall forward a recommendation to the permitting board. The committee shall issue findings of fact, based on materials presented during the pre-application meeting, to the planning board administrative officer in a timely manner for presentation at public hearing.

D.

To assist in its review of comprehensive permit applications the preliminary review committee may request comments from other agencies and officials of the town.

An application form shall be provided by the planning board administrative officer and the application fee shall be equal to the cumulative fees which would be associated with approval of the project if it did not qualify for review under this article.

At the time of initial application submission, a meeting will be scheduled by the administrative officer with the preliminary review committee, as deemed necessary. The preliminary review meeting shall not infringe on the scheduling of the public hearing as stated in section 32-160 of this article.

The preliminary review committee shall require the submission of specific information. Applications shall contain the following:

A.

Documentation of evidence concerning site control and ownership;

B.

Documentation of evidence concerning eligibility for state and/or federal subsidy, including a letter from the funding agency indicating the eligibility of the applicant and the project, and determination that the project has been or will be funded;

C.

Evidence of incorporation and/or nonprofit status of the intended builder/operator of the development;

D.

Evidence of the costs, income and other economic factors which results in the rental rate(s) and/or homeownership prices for the low and moderate income housing units to be constructed. The permitting board may require the inclusion of this documentation as part of the land evidence record upon approval of the application.

E.

Site plans including:

1.

Locations and dimensions of existing property lines within or adjacent to the parcel(s) easements and rights-of-way.

2.

Location, width and names of proposed and existing streets within and immediately adjacent to the parcel(s).

3.

Location of units within development to be designated for low and moderate income residents.

4.

Names of abutting property owners and property owners immediately across any adjacent streets or right-of-way.

5.

Location of wetlands, watercourses or coastal features present on or within two hundred (200) feet of the property.

F.

Scaled architectural drawing for each building, which shall include floor plans, plans of typical units, building elevations and sections and shall identify construction type and exterior finish materials.

A.

An application shall be forwarded to the permitting board as defined herein. Ten (10) copies of the completed application and all supporting material shall be submitted to the planning board administrative officer, who shall notify each local board and official, entitled to notice of hearings on applications under the zoning ordinance, of the filing of the application. A public hearing on the application shall be held within thirty (30) days of receipt.

B.

Upon receipt of a comprehensive permit application, the administrative officer shall forward a copy to the preliminary review board as deemed necessary.

C.

The permitting board shall review the application and issue findings of fact on each of the following, for which documentation must be provided by the applicant. These findings of fact are necessary to determine if the proposed development will create any adverse conditions in terms of the environment and the health, safety and welfare of the current town residents or occupants of the proposed housing development:

1.

The applicant has received a recommendation from the preliminary review board. The recommendation, including findings of fact, shall be submitted to the permitting board in writing. This recommendation shall be submitted to the permitting board with all documents required by section 32-158 of this article.

2.

A written request to apply for a comprehensive permit. The written request shall include a proposed timetable for the commencement of construction and completion of the project, and the name address and telephone number of the applicant, its agent or representative who can be contacted with regard to details of the submission.

3.

Identification of all exceptions, variances, waivers from local codes, ordinances, by-laws or regulations being requested as part of the comprehensive application.

4.

Development plans detailing the proposed development, including but not limited to lot lines; location of proposed building(s), and where applicable relation of proposed building(s) to existing structures; dimensions/footprint of proposed structure(s); proposed location, dimensions and materials for streets, drives, parking areas, walks and paved areas; proposed landscaping improvements, open areas within the site.

5.

A site plan including the following information: (Note—If the subject property is contiguous to adjacent lots by either ownership or use a master plan for such contiguous lots, showing current land uses, proposed development and any future development, must be presented as set forth in subsection 32-159[C.8]).

a.

Name, address, plat(s) and lot(s) of the proposed development.

b.

Name and address of the property owner(s) and applicant.

c.

Name, address and telephone number of person/firm preparing the plan.

d.

Date of plan preparation with revision date(s), if any.

e.

Graphic scale and true north arrow.

f.

Zoning district(s) of parcel(s). If more than one (1) district, zoning boundaries must be shown.

g.

Perimeter boundary lines of proposed development project.

h.

Locations and dimensions of existing property lines within or adjacent to the parcel(s), easements and rights-of-way.

i.

Location, width and names of proposed and existing streets within and immediately adjacent to the parcel(s).

j.

Names of abutting property owners and property owners immediately across any adjacent streets or right-of-way.

k.

Location of wetlands, watercourses or coastal features present on or within two hundred (200) feet of the property.

6.

Scaled architectural drawing for each building, which shall include floor plans, plans of typical units, building elevations and sections and shall identify construction type and exterior finish materials.

7.

A report on the existing site conditions and a summary report to include traffic patterns, character of open areas, and wetlands and flood plains within a radius of two hundred (200) feet from the border of the project lot or lots.

8.

If the application involves a major or minor subdivision of land or is defined as a land development project, a master plan shall be required in accordance with the Town of Warren Subdivision Regulations.

9.

A utilities plan showing proposed types and location of sewage, drainage and water facilities (gas, lighting hydrants, etc).

10.

Where public sewer is not available approval of the proposed ISDS system by Rhode Island Department of Environmental Management is required.

D.

Notwithstanding the submission requirements set forth in this article, the permitting board may request additional information and documentation, including opinions or statements from other town boards, commissions and officials.

E.

The permitting board shall have the same power to issue permits or approvals as any local board or official that would normally act in respect to the application under the zoning ordinance. The permitting board's power shall include but not be limited to, the power to attach conditions and requirements to the permit approval with respect to building height and footprint; size of development; overall site plan layout, including landscaping, traffic ingresses and egresses; signage; building materials: location of units to be designated for low and moderate income residents.

A.

The permitting board shall convene a public hearing within thirty (30) days of the receipt of an application deemed complete by the planning board administrative officer. The public hearing may be continued upon decision of the permitting board thereafter, provided that all due speed is exercised to bring the hearing to a closed and a decision rendered by the permitting board.

B.

Notice of the public hearing shall be made to the applicant, landowners, and to the general public in accordance with the requirements of the Warren Zoning Ordinance. The cost of notification shall be borne by the applicant.

C.

The permitting board shall render a decision within forty (40) days after the official closing of the public hearing. The permitting board shall not close the public hearing until all public testimony and all information requested by the board has been received.

A.

The concurring vote of the majority of the review board shall be necessary to approve an application.

B.

In rendering a decision the permitting board may take the following actions;

1.

Approve the comprehensive permit on the terms and conditions set forth in the application;

2.

Approve the comprehensive permit with conditions;

3.

Deny the comprehensive permit for any one or more of the following reasons:

a.

If the proposal is not "consistent with local needs," as defined by this article, including but not limited to, the needs identified in the Town of Warren Comprehensive Plan, the Town of Warren Subdivision Regulations, Warren Zoning Ordinance and all procedures promulgated in conformance with the Warren Comprehensive Plan;

b.

If the proposal is not consistent with the Warren Comprehensive Plan;

c.

If the Town of Warren has met or plans to meet the state required ten (10) percent standard of low/moderate income housing stock.

d.

If concerns for the environment or the health, safety and/or welfare of current residents have not been adequately addressed by the proposal.

C.

Upon making a decision, the planning board, serving as the permitting board, shall issue either a comprehensive permit which includes all conditions imposed, or; if the comprehensive permit is denied, a written decision including the reasons for the denial.

D.

In accordance with R.I.G.L. 45-24-61, any decision evidencing the granting of a variance, modification or special use permit shall also be recorded in the land evidence records of the town. If the comprehensive permit application is for a subdivision or a major or minor land development, any decision must also be signed and recorded in accordance with R.I.G.L. 45-53-4.

E.

It shall be a condition of all comprehensive permit application approvals that proof of subsidy must be secured and recorded in the Town of Warren Land Evidence Records prior to the signing of final plans and/or plats, and prior to the issuance of any building permits for the project.

F.

In the case of private developers, a monitoring entity shall be identified that has the capacity and the procedures in place to monitor the affordability of the project for a period not less than thirty (30) years from initial occupancy.

A.

Any person aggrieved by the issuance of a comprehensive permit may make an appeal to the Rhode Island Supreme Court.

B.

If the application has been filed with the permitting board in accordance with Section 45-53-4 of the Rhode Island General Laws and has been denied or granted with conditions and requirements as to make the building and operation of such housing infeasible, an appeal may be filed with the Rhode Island State Housing Appeals Board. The permitting board, within ten (10) days of receipt of notice form the appeals board transmit a copy of the written decision together with a copy of all documents an exhibits in the record.