Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of East Greenwich, RI
Kent County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of East Greenwich 9-25-2006 by Ord. No. 775. Amendments noted where applicable.]
GENERAL REFERENCES
Affordable Housing Commission — See Ch. 34, Art. VIII.
Zoning — See Ch. 260.
Development and Subdivision Review Regulations — See Ch. A263.
STATE LAW REFERENCES
Comprehensive housing production and rehabilitation — See R.I.G.L. § 42-128-8.1 et seq.
Low- and moderate-income housing — See R.I.G.L. § 45-53-1 et seq.
A. 
This chapter of the Code establishes procedures and standards for receipt, processing and disposition of applications for comprehensive permits for construction or rehabilitation of affordable housing.
B. 
Applications for comprehensive permits shall be made on forms and attachments provided by the Town of East Greenwich and shall state that at least 25% of the total number of dwelling units proposed will be affordable as defined by R.I.G.L. § 42-128-8.1(d)(1).
A. 
The Planning Board of the Town of East Greenwich is designated as the "local review board" to administer acceptance, evaluation and decisions on comprehensive permits in accordance with R.I.G.L. § 45-53-3, Subdivision (9).
B. 
The local review board has the same power to issue permits or approvals as any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval conditions and requirements with respect to height, site plan, size or shape, or building materials.
A. 
The Town Manager, as chief administrative officer of the Town, or his designee shall be the administrative officer for applications for comprehensive permits.
B. 
The administrative officer shall take or oversee the following actions for each application for a comprehensive permit that is submitted:
(1) 
Receive and record applications for comprehensive permits for new construction or rehabilitation of housing.
(2) 
Coordinate with Town staff (Planning Director, Public Works Director, Finance Director, Town Clerk, and others as appropriate) in the review of all applications for comprehensive permits.
(3) 
Determine whether each application is complete, that it meets the requirements of § 63-1B, and that it contains proposals, plans and other information needed to review the application under this section of the Code of the Town of East Greenwich.
(4) 
Issue a notice of completeness if the application is found to be complete or a notice of rejection if the application is incomplete. A notice of rejection shall specify the items in which the application is not complete.
(5) 
Conduct a review of complete applications and determine whether they comply with §§ 63-4 and 63-5 or § 63-6, as appropriate.
(6) 
Distribute copies of each complete application to the Technical Review Committee and to all municipal officials and agencies concerned, as determined by the scope and content of the application. Specify a date by which all comments and questions on the application must be returned.
(7) 
Present each application, all pertinent information thereon, and all comments from entities that reviewed the application to the local review board. Record the action of the local review board on each application.
(8) 
Issue comprehensive permits for those applications approved or approved with conditions by the local review board. Issue notices of denial for those applications not approved by the local review board.
(9) 
Issue a notice that a comprehensive permit has expired if construction or rehabilitation under that permit is not initiated within 12 months or completed within 60 months, unless the local review board and the applicant agree on a longer period or a phased development.
(10) 
File all notices and actions for each application listed in this section.
C. 
The Town Solicitor shall be the legal counsel to the local review board unless relieved of that responsibility by the Town Council.
The following is required for all applications.
A. 
A completed application form together with all attachments.
B. 
A letter of eligibility issued by the Rhode Island Housing and Mortgage Finance Corporation or, in the case of projects funded by other state or federal agencies, an award letter indicating the subsidy or an application in such form as may be prescribed for a municipal government subsidy.
C. 
A written request by the applicant to build and/or rehabilitate affordable housing under a comprehensive permit rather than to submit separate applications to each official or agency involved.
D. 
A list of each provision of each ordinance and regulation from which relief is sought. Specify the type or quantity of relief sought for each provision.
E. 
Setting forth a proposed timetable for initiating and completing the work proposed. If phasing of a project is requested, setting forth the time period for each phase.
F. 
Provision of a sample land lease or deed restriction limiting the use of affordable housing for a period of 30 to 99 years. If a financial sponsor has a different period, use this period and specify the source of the pertinent regulation.
G. 
Identification of the entity that will monitor the long-term affordability of these dwelling units. State the name, address, telephone number, and responsible person at the monitoring agency.
H. 
Provision of a financial pro-forma for the proposed development.
I. 
Payment of the application fee required by the Town Council for comprehensive permit applications.
A. 
Definition. "Minor projects" are those involving only minor land development or subdivision, administrative subdivision, construction of a single building of not more than four dwelling units, or rehabilitation of existing structures to contain not more than four dwelling units.
B. 
The following shall be submitted with the application for minor projects as defined in Subsection A above:[1]
(1) 
All items in § 63-4.
(2) 
A completed Master Plan Checklist as set forth in § A263-17 of the Land Development and Subdivision Review Regulations, including:
(a) 
Subsection (a), Items 1 through 12, 14, 17, 18 and 23.
(b) 
Subsection (b), Items 3 and 9.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
A. 
Definition. "Major projects" involve a major land development or a major subdivision, or any other feature not qualifying as a minor project.
B. 
The following shall be submitted with the application for major projects as defined in Subsection A above:[1]
(1) 
All items in § 63-4.
(2) 
A completed Master Plan Checklist as set forth in § A263-17 of the Land Development and Subdivision Review Regulations, including all items.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
A. 
The applicant must request a preapplication conference with the administrative officer, Technical Review Committee, and any other parties as determined by the Town Manager.
(1) 
The purpose of the preapplication conference is to notify appropriate officials and agencies of the intent to file an application for a comprehensive permit.
(2) 
The applicant must submit a short description of the proposed development, the type and number of units to be constructed or rehabilitated, and a location map with the request for a preapplication conference.
(3) 
The preapplication conference must be held within 30 days of receipt of the request and the materials in § 63-7A(2).
B. 
The administrative officer will issue notices upon the initial determination of completeness or rejection of the application. A notice of completeness or a notice of rejection will be issued to the applicant, the local review board, all parties participating in the preapplication conference, and to the Town Council, municipal departments, and others as appropriate.
C. 
Upon receipt of a notice of completeness, the local review board will give notice and conduct a public hearing on the preliminary plan.
(1) 
Notice of the hearing will be given to the applicant, to all participants in the preapplication conference, and to all of those receiving notice of completeness under § 63-7B.
(2) 
Public notice of the hearing will be given to all those required by Chapter 260, Zoning, or the Land Development and Subdivision Review Regulations[1] to receive notice of any other action.
[1]
Editor's Note: See Ch. A263, Development and Subdivision Review Regulations.
(3) 
A public hearing on an application for a minor project must be held within 95 days of issuance of the notice of completeness. A public hearing is not required for construction of a single building or rehabilitation of existing buildings unless required by Chapter 260, Zoning.
(4) 
A public hearing on an application for a major project must be held within 120 days of issuance of a notice of completeness.
(5) 
A public hearing may be continued by the local review board to a stated future date, time and place.
A. 
The local review board may approve, approve with conditions, or deny an application.
B. 
The local review board must make findings, supported by legally competent evidence, on each of the following standard provisions that are applicable to the application and the board's action thereon:
(1) 
Consistency with the Town of East Greenwich Comprehensive Community Plan and specifically with the Affordable Housing Plan.
(2) 
Compliance with the applicable requirements of Chapter 260, Zoning, and Land Development and Subdivision Review Regulations and any waiver or modification of these requirements.
(3) 
Integration of the affordable dwelling units throughout the development, and comparability of design, scale, architectural style, building materials, and other factors of affordable and market rate dwelling units.
(4) 
Mitigation of the effect of any negative environmental impacts.
(5) 
Protection of the health or safety of residents of all dwelling units.
(6) 
Access to a public street for all lots created by a subdivision.
(7) 
Permanent dedication of any lots created with physical constraints to development to permanent open space or other nonresidential purpose.
C. 
The local review board may limit the annual total number of dwelling units proposed in comprehensive permit applications by for-profit developers to an aggregate of not more than 1% of the total number of year-round dwelling units in the Town as recognized in the Affordable Housing Plan.
D. 
The local review board may deny an application for any of the following reasons:
(1) 
Construction and rehabilitation of dwelling units is meeting the needs set forth in the Affordable Housing Plan, and the application is inconsistent with that plan.
(2) 
The application is not consistent with local needs.
(3) 
The application does not comply with the Comprehensive Community Plan.
(4) 
The Town has met or has plans to meet the standard that 10% of the total number of dwelling units will be affordable.
(5) 
Concerns for the environment or the health or safety of residents are not adequately addressed.
E. 
All decisions of the local review board must be by a majority vote of the entire membership of the board.
A. 
Any two or more applications remanded to the local review board by the State Housing Appeals Board shall be heard in the order that they are received.
B. 
The period of 30 days in which the public hearing on a remanded application must be held begins on the date that such application is received from the State Housing Appeals Board.
The local review board shall report the status of implementation of the Affordable Housing Plan section of the Comprehensive Community Plan to the Housing Resources Commission as of the end of each fiscal year.