Development pacing and phasing
1102.1. Purpose.
The purpose of these pacing and phasing provisions is to equitably allocate available capacity for additional development among applicants over time, and to guide the form of development so as to minimize burdening the facilities, natural resources, and cultural resources whose adequacy is essential to capacity. It is the intent of these provisions to provide for the housing needs of all population groups in a manner which is consistent with the Rhode Island Comprehensive Planning and Land Use Regulation Act, G.L. 1956, § 45-22.2-1 et seq., with the South Kingstown Comprehensive Community Plan, with the South Kingstown Capital Improvement Program as revised annually, and with Land Use 2010: State Land Use Policies and Plan.
1102.2 Findings.
The town council, planning board, town staff and consultants have conducted studies and have followed State planning documents in order to develop a growth management program as called for in the comprehensive community plan. The town council finds that these studies and documents, listed below, establish the basis for the town's growth management program, and are incorporated herein by reference:
1. Managing Growth Rates and Amounts, Philip B. Herr & Associates, December 22, 1994.
2. Growth Management Options and Alternatives, Philip B. Herr & Associates, June 18, 1993.
3. Zoning School and Open Space Fees, Philip B. Herr & Associates, August 18, 1993.
4. Exploring Limits to Growth, Philip B. Herr & Associates, May 16, 1994.
5. The Quarterly Quota, Philip B. Herr & Associates, December 22, 1994.
6. Building and Pupils, Philip B. Herr & Associates, December 21, 1994.
7. Authorized Dwelling Unit Starts 1984-1995, Tony Lachowicz, Director of Planning, Town of South Kingstown, RI, February 1, 1996.
8. Rhode Island's Salt Pond Region: A Special Area Management Plan, Coastal Resources Management Council, adopted November 27, 1984, as amended.
9. The Narrow River Special Area Management Plan, Coastal Resources Management Council, adopted December 8, 1986, as amended.
10. Capital Improvement Programs, Town of South Kingstown, RI, as adopted by the Town Council for fiscal years 1992-1993 through 1997-1998, 1993-1994 through 1998-1999, 1994-1995 through 1999-2000, 1995-1996 through 2000-2001 and 1996-1997 through 2001-2002.
11. Growth Management Materials, Philip B. Herr & Associates, August 20, 2000.
12. Updating Growth Management Tools, Philip B. Herr & Associates, March 20, 2001.
1102.3. Basic residential requirements.
Issuance of building permits authorizing creation of one (1) or more additional dwelling units, as defined in article 12, through new construction or change of use shall be allowed only under the procedures and requirements set forth herein.
Applicants for such residential building permits shall be authorized to proceed in the manner specified herein, and in accordance with the priority assigned to them in subsection 1102.8. Applicants shall be assigned dates to begin construction by the building official such that the total number of dwelling units authorized to begin construction in any quarter does not exceed either the twenty-four-month quota as established in subsection 1102.4 or the quarterly quota as established in subsection 1102.11.B., except as authorized in subsection 1102.11.B.
The term "quarter" shall mean a period of three (3) consecutive calendar months, beginning on the first day of the first month following the beginning of a period of rapid town growth, as defined below, and continuing through three (3) consecutive months, whether or not that involves crossing into a new calendar or fiscal year.
The term "period of rapid town growth" shall mean a period described as follows:
A. Beginning when the total of dwelling units authorized under permits issued during a twenty-four-month period, including the current month, plus the number of dwelling units sought in complete building permit applications received but not yet acted upon, minus half the number of said permits authorized for multi-household dwelling units having two (2) bedrooms per unit and duplex units having two (2) bedrooms or less exceeds the twenty-four-month quota established under subsection 1102.4 by more than ten (10) percent; and
(Note: Section 1102.4 defines the process for establishing the "twenty-four-month quota" [maximum number of residential dwelling units that may be authorized during any continuous twenty-four-month period] by the town council through the capital improvement program). This is often referred to as the "building cap."
B. Continuing through the remainder of that month and for the following three (3) months (quarter); and
C. Ending when the total of the number of dwelling units in A. above is less than the twenty-four-month quota established in subsection 1102.4.
The term "period of moderate town growth" shall mean any period other than a period of rapid town growth.
1102.4 Twenty-four-month quota.
The term "twenty-four-month quota" shall mean the maximum number of residential dwelling units that may be authorized by building permits, except for exemptions as provided herein, during any continuous twenty-four-month period, regardless of calendar year. The twenty-four-month quota shall be established as follows:
A. The twenty-four-month quota shall be determined by the town council each year in adopting the capital improvement program, as provided in subsection 1102.4.D., below. That quota shall equal not more than one-third (⅓) of the town's six-year capacity for supporting additional dwelling units within the town's then-sustainable and serviceable limits at the beginning of the fiscal year, as determined by the town council based upon any one (1) or a combination of the following:
1. The town's capacity to service growth with public facilities over the period of the current capital improvement program, including schools and other facilities as existing, as planned within that program, and as anticipated to be provided by others.
2. Other impacts of the rate of growth upon the capacity of the town to sustain a high quality of life for all the citizens of the town, as described in the comprehensive community plan (for example at II. Land Use Element E.1.b), including:
(a) The town's capacity to provide land;
(b) Recoverable potable water;
(c) Nitrogen and phosphorous assimilative capacity in both groundwater and marine waters.
3. The demands upon capacity that are anticipated to be made by nonresidential development and by residential development not subject to the development priority provisions or exempted in previous years but not yet constructed.
B. It has been determined by the town council based upon studies conducted pursuant to the comprehensive plan that the town's present six-year capacity for additional dwelling units within its sustainable and serviceable limits equals not more than one thousand (1,000) dwelling units in addition to those now existing.
C. For the purposes of this amendment, the effective date of this article shall be July 1, 1996. Any application for a building permit creating one (1) or more additional dwelling units submitted after the effective date of this article shall be subject to the review procedures set forth in subsection 1102.10. Permit applications submitted before the effective date of this article shall not be subject to any of the quota limitations of this article. For consistency with the analysis upon which the twenty-four-month quota has been determined, all dwelling units authorized by permits issued after October 1, 1995, will be reflected in the determination of whether twenty-four-month or quarterly quotas have been filled, being counted subject to the same exceptions applicable to units seeking authorization subsequent to the effective date of this article.
D. The town council shall set the town's six-year capacity as part of its annual capital improvement program without necessity of amending the provisions of the zoning ordinance in subsection 1102.4.B. For purposes of administering this ordinance, the council's determination of the town's six-year capacity shall take effect upon its adoption.
1102.5. Dwelling units exempt from the quota.
The following types of dwellings shall not be subject to the provisions of this section with regard to the twenty-four-month or current quarterly quota. These types of dwellings have been determined to have no or minimal impact upon the town's capacity for additional dwelling units within its sustainable and serviceable limits or they provide positive benefits to the town that are consistent with the comprehensive community plan.
The building official shall accept applications for construction of the types of dwelling units listed below and shall act upon them without regard to the quotas, priority determination and procedures as set forth in this article. All such permits issued shall be considered to be issued in addition to the twenty-four-month or quarterly quota provisions of this article and shall not be counted when determining the current quarterly quota during periods of rapid town growth. Complete applications for construction of dwelling units so authorized shall be granted permits within the time limits prescribed in the Rhode Island State Building Code, regardless of the availability of permits within the twenty-four-month or current quarterly quota.
A. Protected development. The application to construct a dwelling unit is not subject to this section because of the vested rights provisions of section 45-24-44 of the Zoning Enabling Act, as further specified in section 1100 of this appendix.
B. Elderly housing. Dwelling units which would contribute to meeting the year-round housing needs of elderly citizens through publicly enforceable restrictions limiting occupancy for a period of not less than thirty (30) years to households at least half or more of whose members are sixty-two (62) years of age or older.
C. Special impact development. Dwelling units having first received a special use permit from the zoning board of review as a special impact development under the provisions of subsection 1102.9.
D. Multi-household dwelling units. All multi-household dwelling units having less than two (2) bedrooms.
E. Accessory apartments. As defined in article 12, and as further provided in subsection 503.2.
1102.6. Dwelling units in phased subdivisions.
Any dwelling unit proposed for construction upon a lot in a subdivision which, upon the effective date of this ordinance, is subject to restrictions imposed by the planning board as a condition of subdivision approval, and which includes a prohibition on the sale or recording of lots or units within that subdivision in order to establish a rate of development by requiring it to be recorded in phases shall be treated as follows:
A. Complete applications for construction of dwelling units upon lots within these subdivisions shall be granted permits within the time limits prescribed in the Rhode Island State Building Code, regardless of the availability of permits within the current quarterly quota, and shall not be subject to the procedural requirements of subsection 1102.10, or the priority criteria of subsection 1102.8;
B. During periods of rapid town growth as defined at subsection 1102.3 the building official shall grant permits for dwelling units on lots in phased subdivisions regardless of whether or not the quarterly quota (see subsection 1102.11.B) has been reached, but said permits shall be counted when determining the number of permits issued within the twenty-four-month quota.
C. The provisions of this section with regard to the twenty-four-month or current quarterly quota shall remain in effect for a period of two (2) years from the date such lot is permitted to be sold or recorded, after which time applications for building permits upon these lots shall cease to be exempt and shall be subject to the full quota provisions of this article.
1102.7. Low or moderate income housing.
Dwellings which are authorized under the provisions of the Low and Moderate Income Housing Act, G.L. Tit. 45, Ch. 53, shall be treated as follows:
A. During periods of rapid town growth, as defined in subsection 1102.3, complete applications for construction of dwelling units so authorized shall be granted permits within the time limits prescribed in the Rhode Island State Building Code, regardless of the availability of permits within the current quarterly quota, and shall not be subject to the procedural requirements of subsection 1102.10, or the priority criteria of subsection 1102.8;
B. All permits so issued shall be considered to be issued as part of the quota provisions of this article and shall be counted when determining the number of permits issued within the twenty-four-month quota.
1102.8. Priority criteria. (Amended 8/23/99)
In periods of rapid town growth only (see subsection 1102.3), building permits shall be issued by the building official up to the maximum number permitted by the applicable current quarterly quota, in the order of priority assigned below and in accordance with the procedure set forth in subsection 1102.10 and the limitations set forth in subsection 1102.12. In the event of a tie, priority shall go to the application with the earlier date and time of the submission of a complete application. The provisions of this section do not apply to periods of moderate town growth.
A. The order of priority shall be as follows:
1. Applicants for development meeting the criteria for affordable housing as defined in subsection 1101.G.
2. Other applicants whose application for construction of a dwelling has been denied for two (2) consecutive quarters because of the provisions of this article, provided that no more than one (1) permit shall be issued to an applicant in this priority until all such available permits for the quarter have been exhausted.
3. Applications for construction of a single household detached dwelling as an individual applicant. Priority 3 is available to an applicant one (1) time only and only if:
(a) The applicant has not previously received this priority for the lot being built upon or for any lot; and
(b) The lot to be built upon is not and was not under common ownership with a lot or parcel which has previously received this priority; and either
(1) The applicant owned the lot to be built upon on the effective date of this article (July 1, 1996); or
(2) The lot to be built upon has been subdivided from a larger parcel on or before the effective date of this article (July 1, 1996).
4. Any remaining applications in the order of complete applications received.
1102.9. Special impact developments.
Dwelling units shall qualify for an exemption under subsection 1102.5.C., if the zoning board of review has granted a special use permit as a special impact development, in accordance with the following:
A. Prerequisites. To be eligible for such special use permit, a dwelling unit must be:
1. Proposed to be constructed upon a lot of record as of the time of application; or
2. Proposed to be constructed upon a lot within a subdivision or land development project which has received final approval by the planning board under the provisions of the subdivision and land development regulations; or
3. Proposed to be constructed within a multi-household land development project, a multi-household structure, or a mobile and manufactured home park, permitted by and which has received final approval under the applicable provisions of the zoning ordinance and/or subdivision and land development regulations; or
4. Proposed to be constructed within the Route 1 Special Management District and which has received conceptual master plan approval by the planning board under the applicable provisions of the zoning ordinance and/or subdivision and land development regulations. The planning board shall make an advisory recommendation to the zoning board on any such application for development within the Route 1 Special Management District.
B. Criteria. To grant a special use permit under these provisions, the zoning board of review shall determine the following:
1. The proposal meets the standards of approval for a special use permit set forth in article 9.
2. The proposed dwelling unit meets one (1) or more of the prerequisites specified at subsection 1102.9.A.
3. The proposal will have no or very limited impact on those town capacities that are critical in constraining the town's current six-year capacity, as identified by the town council in determining that capacity as provided at subsection 1102.4.D.
1102.10. Procedure for issuance of building permits.
Applications for building permits for construction of one (1) or more dwelling units shall be submitted to the building official, who shall adhere to the following procedure in reviewing and issuing permits:
A. Completeness. The building official shall, upon receipt of an application submitted, examine the application, plans and all materials for completeness, which shall include all plans and materials required for a building permit under the applicable provisions of the zoning ordinance and the Rhode Island State Building Code. If said application, plans and materials are complete, the building official shall stamp it indicating the date and time of official receipt by the town.
B. Incomplete applications. If the application is incomplete and does not contain all plans and materials as required by the zoning ordinance and the Rhode Island State Building Code, the application, plans and materials shall immediately be returned to the applicant who will be informed by the building official what is missing from the submission in order to qualify as a complete application.
C. Periods of moderate town growth. During periods of moderate growth, as defined in subsection 1102.2, the provisions of this article with regard to quota shall not apply. In such periods, the building official shall issue permits for all complete applications received within the time limits prescribed by the Rhode Island State Building Code, without further delay.
D. Periods of rapid town growth. During periods of rapid growth, as defined in subsection 1102.2, the building official shall not issue building permits for any dwelling units in excess of the twenty-four-month quota unless such units are not subject to that limitation, as provided in subsection 1102.5. In such periods of rapid town growth, the building official shall follow the procedures prescribed in subsection 1102.11, below.
1102.11. Procedure for issuance of building permits during periods of rapid town growth.
A. Initiation. The building official shall keep track of all permits issued plus complete applications submitted during the most recent consecutive twenty-four-month period after October 1, 1995. If, within any consecutive twenty-four-month period after October 1, 1995, the number exceeds the twenty-four-month quota by more than ten (10) percent (except for exempted dwelling units) additional building permits shall no longer be issued, except as provided below. Applications for additional permits shall be accumulated for action at the beginning of the next quarter, and shall be prioritized and issued under the current quarterly quota provisions below.
B. Current quarterly quota. Prior to the beginning of each quarter, the building official shall determine the current quarterly quota. The current quarterly quota shall equal one-eighth (⅛) of the twenty-four-month quota established by the town council under the provisions of subsection 1102.4. The building official shall not authorize building permits for construction of more residential dwellings in any quarter than the number authorized by the current quarterly quota, except for (a) exemptions as provided in subsection 1102.5 and except for (b) permits for dwelling units constructed on lots within phased subdivisions approved prior to the effective date of this provision which are issued after the current quarterly quota has been reached, as provided in subsection 1102.6.B.
1. If approval of all applications submitted during the current quarter would result in exceeding the twenty-four-month quota, the procedures for issuance of permits during rapid town growth shall remain in effect continuously from quarter to quarter until that number is no longer reached or exceeded.
2. At the beginning of each quarter, the building official shall add the total number of complete applications on file to the total number of permits issued during the previous seven (7) quarters. In the event that the resulting sum would result in the total number of permits for the previous twenty-four-month period to be fewer than the twenty-four-month quota, all accumulated permits shall be immediately issued.
3. After issuance of the permits in subsection B.2., above, the procedures for issuance of permits during rapid town growth shall cease, and the procedures set forth in subsection 1102.11.C. for moderate town growth shall apply henceforth until such time as the number of permits once again exceeds the twenty-four-month quota by more than ten (10) percent, in which case the procedures for rapid town growth shall once again apply.
4. In determining the current quarterly quota, the building official shall not count the number of permits for dwelling units in phased subdivisions that were granted permits after the current quarterly quota has been reached, as provided in subsection 1102.6.B.
C. Priority determination. During periods of rapid town growth, at the beginning of each quarter, the building official shall determine the priority of all pending applications as follows:
1. The building official shall first prioritize those applications that were certified complete fifteen (15) or more days prior to the beginning of the current quarter by applying the criteria in subsection 1102.3, and issue such permits up to the number available under the current quarterly quota.
2. Where the current quarterly quota has not been reached, the building official shall issue building permits continuously throughout the quarter until the current quarterly quota is reached. If the current quarterly quota is reached, no further permits subject to these limitations shall be issued during that quarter. Permits received in excess of the current quarterly quota shall be retained for consideration in the next quarter in accordance with the procedure set forth in this section.
1102.12. Limitation on number of authorized units.
During periods of rapid town growth, in order to assure that residential building permits are equitably distributed among all qualified applicants, the following shall apply:
A. No single applicant shall be granted building permits for more than five (5) dwelling units during any quarter if doing so would result in denial of a permit for any other applicant.
B. Permits for construction granted priority under the provisions of subsection 1102.8.A.1, Affordable housing, shall be limited to a total of ten (10) dwelling units per quarter on a town-wide basis if the issuance of more permits would result in denial of a permit for any other applicant(s) for other types of dwellings. If the building official receives applications for more than ten (10) such affordable dwelling units in any quarter, priority shall go to the application with the earlier date and time of submittal of a complete application.
C. Notwithstanding the provisions of this section or the provisions of G.L. § 23-27.3-114.2, nothing herein shall prevent any applicant from accumulating building permits (or commitments for future building permits) over a period of time and using all permits (or commitments) so accumulated to construct a multi-household structure or land development project as a single construction project.
1102.13. Nondwelling development.
In acting upon special use permits or variances for developments other than those comprised only of dwelling units, the zoning board of review shall take into consideration the intent of this section, and in acting upon applications for major land development projects, other than those comprised only of dwelling units the planning board shall do the same. Those boards may require applicants for such special use permits, variances or major land development projects to document the town-wide impacts of their proposals upon the following, using a format and materials to be provided by the planning department to facilitate that task:
A. Amount of land resources remaining for development;
B. Amount of recoverable water;
C. If the proposed development is not to be serviced by public sewerage, the nitrogen and phosphorus assimilative capacity of groundwater or marine waters;
D. Impact upon the adequacy of the town's road system;
E. Impact upon public schools;
F. Impact upon the adequacy of public facilities, including town hall, police and fire facilities, library, and recreation facilities.
In granting approvals for such permits, each of those boards shall impose such conditions as are appropriate to ensure that the timing of the resulting development will be consistent with the objective to deplete not more than one-third (⅓) of the town's capacity for additional development within sustainable and serviceable limits in any two (2) years, taking into consideration the documented impacts, the context of impacts from other development, and the mitigation, if any, which has been proposed or required.
The provisions of this section shall apply only to applications for development which requires the granting of special use permits other than for a special impact development and/or variances and shall not apply to any use permitted by right in the zoning ordinance. Similarly, major land development projects, if allowed by right in the zoning ordinance, if no special use permits or use variances are required, shall not be subject to the provisions of this section. All such permitted nondwelling uses shall be exempt from the procedural and quota provisions of this section.
1102.14. Expiration.
This article shall expire December 31, 2007, unless it is earlier extended through amendment of this provision. Upon its expiration, any timing limitations previously placed on building permit availability shall no longer be enforced, but any housing cost or income eligibility stipulations upon which permits were earlier qualified shall remain in full force and effect.
1102.15. Protection against zoning change.
Any protection against zoning change provided by this ordinance (e.g., article 4) or by state law (e.g., section 45-24-44 of the Zoning Enabling Act) shall be extended three (3) months each quarter that a building permit application for the dwelling unit in question has been denied.
(Ord. of 12-18-01; Ord. of 12-13-04)