[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
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.
(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.
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.
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.
(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.
