Basic inclusionary unit requirement
(a) Basic requirement. Any development which results in the net addition of five or more housing units shall assure that a number of units no fewer than ten percent of the net added housing units resulting from the development shall be affordable as specified in RIGL 1956, § 42-128-8.1(d)(1).
(1) For the purposes of article XXII (inclusionary zoning), and the evaluation of the basic requirement, a structure shall have a certificate of occupancy at the time of filing of any master plan application for subdivision with the town to be considered an existing housing unit.
(2) Any parcels or groups of parcels subdivided in a manner that provides a net increase in housing units as defined in article XXII of the North Kingstown Zoning Ordinance shall be prohibited from submitting any new subdivision applications that provide a net increase in housing units for the same parcel or group of parcels for a period of ten years unless the total new housing units on any of the involved parcels is used in calculations for inclusionary housing requirements.
(b) Off-site location. The basic inclusionary unit requirement may be met in part or whole by locating some or all of the required inclusionary housing units on an alternative site or sites within the town if a finding is made by the planning commission that location off-site would well serve the future residents of those units. Off-site inclusionary housing units may be located in an existing structure which is to be rehabilitated, but to be credited towards meeting the inclusionary requirement of section 21-601(a) the units must not be ones which are already eligible to be counted as low and moderate income housing under RIGL § 45-53. New off-site housing units created to satisfy the requirement of this section for inclusionary housing units shall be considered part of the total number of units for the purpose of determining the total required number of inclusionary housing units.
(1) If the off-site development results in the net addition of five or more housing units, the development shall incorporate both the required inclusionary units for the off-site development plus the incorporated off-site units triggered by the subject property.
(2) The number of inclusionary units, if located off-site, shall be equivalent to 1.5 times the number of inclusionary units required on-site. The number of units shall be rounded up.
(3) Off-site inclusionary units shall be timed for occupancy as indicated in section 21-604 as it relates to both properties. Any necessary clarification shall be included in the planning commission's conditions related to the subdivision or land development approval.
(4) If off-site units are proposed in existing structures, the applicant shall provide evidence to the planning commission that the:
a. The housing unit(s) to be renovated have no violations of building codes.
b. No existing tenants will be displaced due to the acquisition of the unit to satisfy the inclusionary requirements.
c. Reserved.
d. The applicant must have site control of the off-site units prior to the issuance of any building permits for market rate units in the triggering development.
(5) If proposing the off-site units on an undeveloped site, the following must be addressed:
a. The applicant must have site control prior to the issuance of any building permits for market rate units in the triggering development. The applicant must include supporting documentation of site control during the permitting process for the subdivision or land development.
b. The applicant must provide evidence satisfactory to the planning commission that the land is developable under existing zoning for the required number of inclusionary zoning.
(6) The following supporting information shall be submitted, considered and analyzed as part a proposal for off-site units:
a. The off-site units are preferred within one-half mile of the triggering property unless circumstances, which are discussed and approved by the planning commission through supporting documentation provided by the applicant, prove the proposed off-site location to be advantageous over properties within the radius.
b. The applicant must demonstrate the accessibility of both properties to public transportation, infrastructure, and community assets and features. This information shall be provided in narrative and map form.
c. The applicant must provide data regarding the percentage of affordable units already existing in a quarter-mile radius of the off-site property.
d. The applicant shall provide a narrative and mapping describing the general character of the surrounding area for both the off-site location and the triggering property.
e. The off-site units shall be comparable or larger in size and bedroom count of the average units being associated within the triggering project unless the applicant can prove and identify that a different type of housing unit better fits the neighborhood of the off-site location or the overall housing type need of North Kingstown.
(c) Accessory dwelling units. Housing units qualifying as "accessory dwelling units" as defined in section 21-22 shall not be counted as "housing units" either in determining the number of inclusionary units required under section 21-601(a) or in determining the number of proposed housing units which satisfy that requirement.
(Ord. No. 07-21, § 3, 9-10-2007; Ord. No. 15-09, § 1, 7-18-2015; Ord. No. 18-23, § 1, 10-29-2018; Ord. No. 20-12, § 1, 5-18-2020; Ord. No. 21-06, § 1, 5-10-2021)