Purpose, authority and applicability

A. The purpose of this article is to:
- (1) Implement the Town's Affordable Housing Plan contained in the state-approved Comprehensive Community Plan, as adopted by the Town Council and amended from time to time.
- (2) Promote the public health, safety and welfare by promoting the development of affordable housing within the Town of East Greenwich in accordance with the state mandate and to promote a full range of housing choices throughout the Town for households of all incomes, ages and sizes.
- (3) Promote housing that qualifies as "low- or moderate-income housing" under R.I.G.L. § 45-53-3(9).
B. The authority for adoption and implementation of the Affordable Housing Plan is conferred by R.I.G.L. §§ 42-128-8.1(d)(2) and (3), and 45-22.2-6(b)(6).
C. This article shall apply to all subdivisions and land development projects of five or more residential units, as classified under East Greenwich's Zoning Ordinance and Land Development and Subdivision Regulations, within zones where residential units are permitted.
Editor's Note: See Ch. A263, Development and Subdivision Review Regulations.
D. All developers of the aforementioned projects shall be required to submit a "yield plan," defined as: a plan demonstrating a subdivision's or land development project's maximum density (maximum number of lots or units), taking into account all environmental, natural and man-made physical constraints to development, including but not limited to wetlands, topography, groundwater characteristics, and existing improvements. A yield plan shall meet all conventional zoning and subdivision requirements, including minimum buildable area requirements, and shall not assume that any waivers, variances or special use permits will be granted. On parcels located in areas not serviced by public sewers and not proposed for extension of public sewers, the yield plan shall include the location of an appropriate on-site wastewater treatment system on each lot.
E. For all applicable projects under the preceding, at least 20% of the proposed base developable yield must qualify as affordable housing as defined per Subsection A(3) above. Affordable units must be deed restricted to remain affordable to households with gross incomes at or below 120% of the area median income, adjusted for family size, per R.I.G.L. § 42-128-8.1(d)(1).
F. When a subdivision or land development project that creates fewer than five new dwelling units is approved on a portion of a parcel of land, leaving another portion of the same parcel undeveloped, the portion left undeveloped shall not be subdivided or developed for residential or mixed use unless the undeveloped portion is subject to the inclusionary requirements of this chapter. The number of inclusionary units required in the later development shall be calculated as if the earlier development were part of it. This provision does not apply when an entire parcel receives Master Plan approval and is developed in phases.