§ 15-3
Definitions
[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:
- a. Any public agency or nonprofit organization or limited equity housing cooperative; or
- b. A private developer of low or moderate income housing;
- (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.
- (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:
- (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.