[Ord. No. 08-31, 10-7-2009]
In accordance with G.L. § 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 of Cumberland. 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
establishment of such housing.
[Ord. No. 08-31, 10-7-2009]
In keeping with the goals and objectives of the Town of Cumberland
Comprehensive 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. No. 08-31, 10-7-2009]
For the purposes of this article, the following terms shall
have the following meanings:
(a)
AFFORDABLE HOUSING — Housing that has a sales price or rental
amount that, when adjusted for any federal, state or municipal government
subsidy, is less than or equal to 30% of the gross household income
of the low and moderate income occupants of the housing (Ref. G.L.
§ 42-128.8.1 (d)). Affordable housing shall include all
types of year-round housing, including, but not limited to, manufactured
housing, housing originally constructed for workers and their families,
accessory dwelling units, housing accepting rental vouchers and/or
tenant based certificates under § 8 of the U.S. Housing
Act of 1937, as amended, and assisted living housing.
(1)
In the case of dwelling units for sale, affordable housing shall
mean housing in which the principal, interest, taxes, which may be
adjusted by state or local programs for property tax relief, and insurance
constitute no more than 30% of the gross household income for a low
or moderate income household.
(2)
In the case of dwelling units for rent, affordable housing shall
mean housing in which the rent, heat and utilities other than telephone
constitute no more than 30% of the gross annual income for a household
with 80% or less of the area median income, adjusted for family size.
(b)
AFFORDABLE HOUSING PLAN — The component of the housing element
of the comprehensive 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. § 45-53, and § 15-6 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, in which at least 25% of the housing is proposed to be low
or moderate income housing for a period of at least 30 years from
initial occupancy.
(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 10% of the total number of yearround 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 plan provides
for low and moderate income housing units in excess of 10% of the
yearround 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)
INCLUSIONARY ZONING — A regulatory technique applicable to
residential subdivisions and/or land development projects that requires
a percentage of units within the development to be affordable to households
of low and moderate income. Such inclusionary units must meet the
definition of low and moderate income housing as defined in this article
and in G.L. § 45-53-3.
(h)
LOCAL BOARD — The Planning Board, Zoning Board of Review, Building
Official, zoning officer or any other boards or officials having the
power of enforcing land use regulations or supervising the construction
of buildings.
(i)
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.
(j)
LOW OR MODERATE INCOME HOUSING — Any housing or community residence
(as defined in Article 2 of this appendix):
(1)
Subsidized by the federal, state or municipal government under
any program to assist the construction or rehabilitation of low or
moderate income housing, as defined in the applicable federal or state
statute, that will 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, and built or operated by:
(2)
In which any nonresidential component of the proposed development
is secondary to the overall proposal, provided the nonresidential
component does not exceed that allowed under the funding source or
25% of the gross square footage of the proposed development, whichever
is lower.
(k)
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 [be] 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.
(l)
STATE HOUSING APPEALS BOARD — The board which hears appeals
of denials or conditioned approvals from applicants filing an applications
for a comprehensive permit to construct or rehabilitate low or moderate
income housing under the provisions of G.L. § 45-53.
(m)
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. No. 08-31, 10-7-2009]
The Cumberland 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. § 45-53,
in lieu of separate applications to local boards who would otherwise
act with respect to such project.
The Planning Board shall have the right to attach to the comprehensive
permit such reasonable conditions and requirements 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.
[Ord. No. 08-31, 10-7-2009]
(a)
Eligible applicants. Applicants eligible to file a comprehensive
permit for approval of construction or rehabilitation of low or moderate-income
housing that will 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. In the case of private developers, a monitoring entity shall
be identified with the capacity and the procedures in place to monitor
the affordability of the project for a period of not less than 30
years from the initial occupancy, pursuant to a list of responsible
monitoring entities and/or criteria for monitoring published by the
R.I. Housing and Mortgage Finance Corporation.
(b)
Eligible projects. Projects are eligible if sponsored by an eligible
entity and meet the eligibility requirements for a subsidy from the
municipal, state or federal government under any program to assist
the construction or rehabilitation of low and moderate income housing,
and propose to set aside at least 25% of the total number of housing
units as low or moderate income housing.
[Ord. No. 08-31, 10-7-2009]
(a)
Pre-application conference. To assist an applicant and to determine
if all requirements, including eligibility, have been met prior to
submission of a comprehensive permit application, pre-application
conceptual review and eligibility determination meetings shall be
scheduled with the planning director. The planning director shall
schedule a pre-application meeting, which may include representation
from the Planning Board and other local boards, or consist of a meeting
with the entire Planning Board, within 30 days of the request from
the applicant.
(b)
Required documents. A completed application to the Planning Board
for a comprehensive permit to construct a low or moderate income housing
project shall be submitted to the planning department. The application
shall include the submission of the following documents:
(1)
A completed application form as provided by the planning department
which includes specific identification of all relief requested from
the provisions of this appendix and the Cumberland Land Development
and Subdivision Regulations (the "regulations").
(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 Cumberland.
(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 R.I. Housing 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 nonprofit status of
the applicant and operator of the facility, as applicable.
(6)
Written evidence of a monitoring agency with the capacity and
the procedures in place to monitor the affordability of the project
for a period of not less than 30 years from the initial occupancy,
as applicable.
(7)
Proposed rental rates or sales prices to be charged for all
housing units in the proposed development.
(8)
A sample land lease or deed restriction with affordability liens
that will restrict use of the housing units as low or moderate income
housing in conformance with the guidelines of the agency providing
the subsidy, but for a period of not less than 30 years.
(9)
A financial pro-forma for the proposed development.
(10)
A proposed time table for the commencement of construction and
completion of the project.
(c)
Required plans. A completed application for a comprehensive permit
to construct a low or moderate income housing project shall also include
the following plans and supporting materials:
(1)
For a comprehensive permit involving a minor land development
or minor subdivision, those plans and materials as required in the
regulations for a preliminary plan, with the exception of state or
federal permits. For a comprehensive permit involving a major land
development or major subdivision, plans and materials as required
in the regulations for a master plan submission, including landscaping/tree
preservation, grading, soil erosion and sedimentation control, and
drainage plans stamped by the appropriate professional. (See checklists
contained in the regulations).
(2)
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.
(3)
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.
(4)
Signage plan, including any entrance signage, street name signs
and private development signs, if applicable.
(5)
Lighting plan, including frequency, style and intensity of proposed
street and parking lot lighting and exterior building lighting.
(d)
Required fees. The applicant shall also submit the filing fee 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.
(e)
Completeness of application. For an application involving a minor
land development or minor subdivision, the planning director shall
certify it as either complete or incomplete within the time periods
as contained in the regulations. For an application involving a major
land development or major subdivision, however, the planning director
shall certify the master plan application within 30 days, and the
preliminary plan application (see below) within 45 days of the receipt
of submitted plans and materials. Incomplete applications shall be
returned to the applicant or its authorized agent with instructions
for completion. The time period will be deemed stopped upon the issuance
of a certificate of incompleteness and will recommence upon the resubmission
of a corrected application; however the planning director shall have
no less than 14 days from the date of its resubmission to certify
a corrected application as complete or incomplete.
(f)
Other requirements. Notwithstanding the submission requirements set
forth in this section, the Planning Board may request additional reasonable
documentation throughout the public hearing (see below), including
opinions or statements from other local boards, or from outside experts.
[Ord. No. 08-31, 10-7-2009]
(a)
Public hearing required. The Planning Board shall hold a public hearing
on the master plan with public notice of such hearing given at least
14 days prior to the date of the hearing in a newspaper of general
circulation in the Town, and notice sent by mail to all parties entitled
in accordance with § 5G.2 of the regulations. The cost of
public notice and mailings shall be borne by the applicant.
(b)
Timetable for decision. For a comprehensive permit involving a minor
land development or minor subdivision, the Planning Board shall, within
30 days of the issuance of a certificate of completeness, hold a public
hearing, and within 95 days of the issuance of a certificate of completeness,
render a decision. For a comprehensive permit involving a major land
development or major subdivision, the Planning Board shall, within
120 days of the issuance of the certificate of completeness, or within
such further time as may be agreed to by the board and the applicant,
render a decision.
(c)
Preliminary and final review. The preliminary and final review phases
of a comprehensive permit application shall be conducted according
to the submittal requirements and timetables contained in the appropriate
sections of the regulations, except as noted above. Evidence of all
necessary state and federal permits shall not be required until prior
to final approval or the issuance of a building permit.
[Ord. No. 08-31, 10-7-2009]
(a)
Planning Board actions. In rendering a decision, the Planning Board
may take the following actions:
(1)
Approve a comprehensive permit on the terms and conditions set
forth in the application.
(2)
Approve a comprehensive permit with conditions with respect,
but not limited to, the site plan, building density, setbacks, height,
size, shape, building materials, landscaping, drainage and parking,
in a manner that does not render the construction or operation of
such housing infeasible.
(3)
Deny a comprehensive permit only if the project is inconsistent
with local needs, including, but not limited to:
a.
The project is not in conformance with the Town comprehensive
plan;
b.
The project is not in conformance with the affordable housing
plan in the approved comprehensive plan, or with local zoning ordinances
and procedures promulgated in conformance with the comprehensive plan;
c.
The Town has low and moderate income housing units in excess
of 10% of the total yearround housing units, or has a plan for meeting
this standard and the local ordinances, requirements and regulations
to implement the plan; or
d.
The concerns for the environment and the health and safety of
the occupants of the proposed housing or of the current residents
of the Town have not been adequately addressed.
(b)
Positive findings. In taking final action on an application, the
Planning Board shall make positive findings, supported by legally
competent evidence on the record, on each of the following:
(1)
The proposed development is consistent with local needs as identified
in the comprehensive plan, particularly the affordable housing plan;
(2)
The proposed development is in compliance with the standards
and provisions of the Town's zoning ordinance and subdivision regulations,
and/or where expressly varied or waived, local concerns that have
been affected by the relief granted do not outweigh the state and
local need for low and moderate income housing;
(3)
All low and moderate income housing proposed are integrated
throughout the development, are similar 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
occupation of the market rate units;
(4)
There will be no significant negative environmental impacts
from the proposed development as shown on the final plan, with all
conditions for approval;
(5)
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, 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; and
(6)
The proposed development will not result in the creation of
individual lots with any physical constraints to development that
building on those lots would be impracticable.
(c)
Recording of decision. All decisions shall be recorded in the land
evidence records of the Town of Cumberland. If the comprehensive permit
is for a major or minor land development plan or a major or minor
subdivision, any decision must also be signed and recorded in accordance
with § 3K of the regulations.
|
No building permit shall be issued by the Building Official
for any unit in the proposed development until written evidence has
been provided by the developer that the project has received approval
for the appropriate municipal, state or federal subsidy.
|
[Ord. No. 08-31, 10-7-2009]
(a)
Appeal of approval. 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 superior court within 20 days of the issuance of
the approval.
(b)
Appeal of denial. 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.
(1)
The state housing appeals board shall forthwith notify the Planning
Board and all persons entitled to notice of the filing of the appeal,
and the Planning Board shall post the notice of appeal in the Cumberland
Town Hall for a period of not less than 10 days.
(2)
The Planning Board, shall, within 10 days of the receipt of
such notice, transmit to the appeals board a transcript describing
its decisions, the reason for the decision, who was present and a
record of their vote, and the findings of fact.
[Ord. No. 08-31, 10-7-2009]
A comprehensive permit shall expire unless construction is started
within 12 months and completed within 60 months of final plan approval,
unless a longer and/or phased period of development is agreed to by
the Planning Board and the applicant. Low and moderate income housing
units shall be built and occupied prior to, or simultaneous with,
the construction and occupancy of market rate units.
[Ord. No. 08-31, 10-7-2009]
Notwithstanding the timetables set forth in other sections of
this article, the Planning Board shall have the authority to consider
comprehensive permit applications from private for-profit developers
sequentially in the order in which they are submitted. In addition,
the Planning Board may limit the annual total number of dwelling units
in comprehensive permit applications from for-profit developers to
an aggregate of 1% of the total number of yearround housing units
in the Town, as recognized in the approved affordable housing plan.
In exercising this option, the Town must be in compliance with the
implementation requirements of the affordable housing plan, according
to the most recent report of the R.I. Housing Resources Commission.
[Ord. No. 08-31, 10-7-2009]
(Reserved)
