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Town of Smithfield
Town of Smithfield Zoning Ordinance
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§ 5.10

Inclusionary Zoning

5.10 INCLUSIONARY ZONING

A. Findings

A. Findings: A diverse housing stock is necessary in this community in order to serve people of all income levels. Based upon the review and consideration of the recent Smithfield Low & Moderate Income Housing Plan, it has become clear that the provisions of this Article are necessary in order to preserve the diversity of housing opportunities for the residents and working people of Smithfield.

  1. The program defined by this Article is necessary to provide continuing housing opportunities for low and moderate income persons in Smithfield. The Affordable Housing Plan states that the town will create diverse housing types to meet the needs of Smithfield's Low and Moderate Income residents including families, the elderly and the special needs population. One method of addressing this housing need is to revise the zoning ordinance to promote affordable housing.
  2. Inclusionary zoning is consistent with the State's Comprehensive Housing Production and Rehabilitation Act of 2004 (R.I.G.L 42-128-8.1), which states the following: "Creative funding mechanisms are needed at the local and state levels that provide additional resources for housing development, because there is an inadequate amount of federal and state subsidies to support the affordable housing needs of Rhode Island's current and projected population."
  3. The Comprehensive Housing Production and Rehabilitation Act of 2004 (R.I.G.L 42-128-8.1g) requires the state to adopt guidelines for higher density development, including, but not limited to "inclusionary zoning provisions for low and moderate income housing with appropriate density bonuses and other subsidies that make the development financially feasible."
  4. Inclusionary zoning is consistent with State of Rhode Island General Laws (§45-24-46.1, as amended), where inclusionary zoning is defined as a "zoning ordinance requiring the inclusion of affordable housing as part of a development shall provide that the housing will be affordable housing, as defined in § 42-128-8.1(d)(1), that the affordable housing will constitute not less than ten percent (15%) of the total units in the development, and that the units will remain affordable for a period of not less than thirty (30) years from initial occupancy enforced through a land lease and/or deed restriction enforceable by the municipality and the state of Rhode Island."
  5. Remaining land for residential development in Smithfield is limited. The primary objective of this Article is to obtain affordable rental and homeownership units within qualified subdivisions or land development projects. Some provisions of this Article provide for alternatives to the production of such on-site units. Those provisions recognize the fact that individual sites and economic factors can make on-site production less desirable than the alternatives for particular developers. However, the intent and preference of this Article is that wherever possible, affordable units constructed pursuant to this Article be located on-site.

B. Purpose

B. Purpose: The purposes of this Article are to:

  1. To require the development of low- and moderate-income housing within the Town and to provide for a full range of housing choices throughout the Town for households of all incomes, ages and sizes.
  2. To promote the development of affordable housing throughout town in a manner that is consistent with the Town's adopted Affordable Housing Plan and the Comprehensive Community Plan.
  3. To produce housing that qualifies as affordable as defined by the mandates of the State's Comprehensive Housing Production and Rehabilitation Act of 2004.
  4. To establish mixed-income households within new subdivisions and land development projects throughout the town.
  5. To provide the Town with financial resources for use solely in the production of affordable units in town, in lieu of units provided within a subdivision subject to the provisions of this article.
  6. To establish an affordable housing unit or funding set-aside requirement that allows for a reasonable return for property owners and developers.
  7. Ensure that the Developer/Landowner can make a reasonable profit.

C. Definitions

C. Definitions: The definitions contained in Article 2 shall apply to the provisions of this Article. As used in this article, the following terms shall have the meanings indicated:

"LOW- OR MODERATE-INCOME HOUSING" shall be synonymous with "affordable housing" as defined in § 42-128-8.1, and further means any type of 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 affordable housing and that will remain affordable through a land lease and/or deed restriction for ninety-nine 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.

AFFORDABLE HOUSING PLAN — "Affordable housing plan" means a component of a housing element, as defined in § 45-22.2-4(1), that addresses housing needs in a city or town that is prepared in accordance with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(e)(1) and (f).

APPROVED AFFORDABLE HOUSING PLAN — 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; provided, however, that state review and approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § 45-22.2-9, or § 45-22.2-12.

AFFORDABLE HOUSING — Residential housing that has a sales price or rental amount that is within the means of a household that is moderate income or less. In the case of dwelling units for sale, housing that is affordable means housing in which principal, interest, taxes, which may be adjusted by state and local programs for property tax relief, and insurance constitute no more than thirty percent (30%) of the gross household income for a household with less than eighty percent (80%) of area median income, adjusted for family size. In the case of dwelling units for rent, housing that is affordable means housing for which the rent, heat, and utilities other than telephone constitute no more than thirty percent (30%) of the gross annual household income for a household with eighty percent (80%) or less of area median income, adjusted for family size. Such housing shall remain affordable through a land lease and/or deed restriction for 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 30 years from initial occupancy.

COMPREHENSIVE PLAN — The Comprehensive Community Plan of the Town adopted pursuant to Chapters 22.2 and 22.3 of the Rhode Island General Laws.

INCLUSIONARY HOUSING AGREEMENT – An Agreement re