Definitions

12.2 DEFINITIONS The following words, wherever used in this chapter, unless a different meaning clearly appears from the context, have the following meanings:

1. "Comprehensive plan" means a comprehensive plan adopted and approved by the Town pursuant to chapters 22.2 and 22.3 of Title 45 of the Rhode Island General Laws.
2. "Consistent with local needs" means reasonable in view of the state need for low and moderate income housing, considered with the number of low income persons in the Town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residence of the Town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by the Town Council after comprehensive hearing in the Town where:
   1. Low or moderate income housing exists which is in excess of ten percent (10%) of the year-round housing units reported in the census.
   2. The Town of Smithfield has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan which has been adopted and approved pursuant to chapters 22.2 and 22.3 of Title 45 of the Rhode Island General Laws, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of ten percent (10%) of the year-round housing units.
3. "Infeasible" means any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it impossible for a public agency, nonprofit organization, or limited equity housing cooperative to proceed in building or operating low or moderate income housing without financial loss, within the limitations set by the subsidizing agency of government, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity housing cooperative. 189 Town of Smithfield Article 12-Comprehensive Permit Zoning Ordinance
4. "Local board" means any Town official, zoning board of review, planning board or commission, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.
5. "Low or moderate income housing" means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low or moderate income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than thirty (30) years from initial occupancy.
6. "Affordable housing plan" means a component of a housing element, as defined in RIGL 45-53-3(1), to meet housing needs in the Town that is prepared in accordance with guidelines adopted by the state planning council, and/or to meet the provisions of RIGL 45-53-4(b)(1) and
   1. Smithfield's "affordable housing plan" is comprised of the housing element of the Smithfield Comprehensive Community Plan.
7. "Approved affordable housing plan" means an affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council.
8. "Letter of eligibility" means a letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with RIGL 42-55-5.3(a).
9. "Local Review Board" means the Planning Board for the Town of Smithfield established pursuant to RIGL 45-22-1.
10. "Meeting housing needs" means adoption of the implementation program of an approved affordable housing plan and the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan.
11. "Municipal government subsidy" means assistance that is made available through a Town program sufficient to make housing affordable, as affordable housing is defined in RIGL 42-128-8.1(d)(1); such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, and any combination of forms of assistance.
12. "Administrative officer" The municipal official designated by the local regulations to administer the land development and subdivision regulations and to coordinate with local boards and commissions, municipal staff and state agencies. The administrative officer of the Local Review Board is the Director of Planning and Community Development for the Town of Smithfield.