Administrative Procedures

12.4 ADMINISTRATIVE PROCEDURES

1. Procedure for filing and approval of construction of low and moderate income housing
   1. A completed application for a comprehensive permit to build low or moderate income housing shall be filed with the administrative officer of the Local Review Board.
   2. Any applicant proposing to build low or moderate income housing may submit to the Local Review Board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least twenty-five percent (25%) of the housing is low or moderate income housing.
   3. The application and review process for a comprehensive permit shall be as follows:
      1. Submission Requirements. Applications for a comprehensive permit shall include:
         1. A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and
         2. A written request to the Local Review Board to submit a single application to build or rehabilitate low or moderate income housing in lieu of separate applications to the applicable local boards. The written request shall identify the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking relief; and
         3. A proposed timetable for the commencement of construction and completion of the project; and
         4. A sample land lease or deed restriction with affordability liens that will restrict use as low and moderate income housing in conformance with the guidelines of the agency providing the subsidy for the low and moderate income housing, but for a period of not less than thirty (30) years; and
         5. Identification of an approved entity that will monitor the long-term affordability of the low and moderate income units; and
         6. A financial pro-forma for the proposed development; and
         7. For comprehensive permit applications: (A) not involving major land developments or major subdivisions including, but not limited to, applications 191 Town of Smithfield Article 12-Comprehensive Permit Zoning Ordinance seeking relief from specific provisions of the zoning ordinance, or involving administrative subdivisions, minor land developments or minor subdivisions, or other Smithfield ordinances and regulations: those items required by Smithfield's regulations for those specific applications or relief, with the exception of evidence of state or federal permits; and for comprehensive permit applications; and (B) involving major land developments and major subdivisions, unless otherwise agreed to by the applicant and the town; those items included in the checklist for the Master Plan in Smithfield's regulations promulgated pursuant to § 45-23-40. Subsequent to Master Plan approval, the applicant must submit those items included in the checklist for a preliminary plan for a major land development or major subdivision project in Smithfield's regulations promulgated pursuant to RIGL 45-23-41, with the exception of evidence of state or federal permits. All required state and federal permits must be obtained prior to the final plan approval or the issuance of a building permit; and
         8. A comprehensive permit application fee; and
         9. Notwithstanding the submission requirements set forth above, the Local Review Board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and/or state permits, statements and advice from other local boards and officials.
      2. Certification of Completeness. The application must be certified complete or incomplete by the administrative officer according to the provisions of RIGL 45-23-36; provided, however, that for a major land development or major subdivision, the certificate of completeness for a Master Plan shall be granted within thirty (30) days and for a preliminary plan shall be granted within forty-five (45) days. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than fourteen (14) days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
      3. Pre-Application Conference. Where the comprehensive permit application proposal is a major land development project or a major subdivision pursuant to RIGL 45-23, an applicant proposing a project under this chapter shall first schedule a pre-application conference with the administrative officer for the Local Review Board and/or the Technical Review Committee and other local officials, as appropriate. To request a pre-application conference, the applicant shall submit a short description of the project in writing including the number of units, type of housing, as well as a location map. The purpose of the pre-application conference shall be to review a concept plan of the proposed development. Upon receipt of a request by an applicant for a pre-application conference, the Town has thirty (30) days to schedule and hold the pre-application conference. If thirty (30) days has elapsed from the filing of the pre-application submission and no pre-application conference has taken place, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a comprehensive permit. 192 Town of Smithfield Article 12-Comprehensive Permit Zoning Ordinance
      4. Review of Applications. An application filed in accordance with this ordinance shall be reviewed by the Local Review Board at a public hearing in accordance with the following provisions:
         1. Notification. Upon issuance of a certificate of completeness for a comprehensive permit, the Local Review Board shall immediately notify each local board, as applicable, of the filing of the application, by sending a copy to the local boards and to other parties entitled to notice of hearings on applications under the zoning ordinance and/or land development and subdivision regulations as applicable.
         2. Public Notice. Public notice for all public hearings will be the same notice required under local regulations for a public hearing for a preliminary plan promulgated in accordance with RIGL 45-23-42. The cost of notice shall be paid by the applicant.
         3. Review of minor projects. The review of a comprehensive permit application involving only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief from other local regulations or ordinances not otherwise addressed in this subsection, shall be conducted by the Local Review Board, following the procedures outlined herein, with the exception that all minor land developments or minor subdivisions under this section are requir