Definitions
a. Adjustment(s): A request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the local view board's consideration of adjustments is set forth in section 7(e)(1)(ii) of this article and G.L. § 45-53-4(d)(2)(iii)(E)(II).
b. Affordable housing plan: The component of the housing chapter of the Tiverton Comprehensive Community Plan that is developed to meet housing needs in the town, including that for low and moderate income residents, and is prepared in accordance with guidelines adopted by the state planning council.
c. Completed application: A single application consisting of all forms, accompanying documents, exhibits and fees required pursuant to G.L. ch. 45-53, and section 5 of this article, submitted to request relief from the provisions of local ordinances in lieu of separate applications to the applicable local boards.
d. Comprehensive permit: A single application to build low and moderate-income housing in lieu of separate applications to applicable boards.
e. Consistent with local needs:
(1) Local zoning and land use ordinances, requirements and regulations are considered consistent with local needs if they are reasonable in view of the state needs for low and moderate income housing; consider the number of low income persons in the town; are needed to protect the health and safety of the occupants of the proposed housing or of the residents of the town; promote better site and building design in relation to the surroundings or preserve open spaces; and if they are applied as equally as possible to both subsidized and unsubsidized housing.
(2) Local zoning or land use ordinances, requirements or regulations are deemed reasonable if:
(a) The number of low and moderate income housing units (defined below) are in excess of ten percent of the total number of year-round housing units in town, as calculated on an annual basis by the Rhode Island Housing and Mortgage Finance Corporation (RIHMFC); or
(b) The housing element of the town comprehensive community plan provides for low and moderate income housing units in excess of ten percent of the year-round total housing units, and the local ordinances, requirements and regulations are in place to promulgate the plan.
f. Denial: The planning board refuses to grant a comprehensive permit, or extends the public hearing without reasonable cause.
g. Infeasible: 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 financially or logistically impracticable for any applicant to proceed in building or operating low- or moderate-income housing, within the limitations set by the subsidizing agency of government or local review planning board, 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 applicant.
h. Letter of eligibility: A letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with G.L. § 42-55-5.3(a).
i. Local review board: The planning board.
j. Low and moderate income: Income as those terms are defined by the state or federal government program providing the subsidy for the proposed low or moderate income housing.
k. Low or moderate income housing: Is synonymous with "affordable housing" as defined in G.L. § 42-128-8.1, and further 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 affordable housing and that will 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.
l. Meeting local housing needs: As a result of the adoption of the implementation program of an approved affordable housing plan, 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, and a showing that at least 20 percent of the total residential units approved by a local review board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in G.L. § 42-128-8.1.
m. Monitoring agents: Monitoring agents appointed by the Rhode Island Housing Resources Commission pursuant to G.L. § 45-53-3.2 and to provide the monitoring and oversight set forth in this G.L. § 45-53-1, et. seq., including, but not limited to, G.L. §§ 45-53-3.2 and 45-53-4.
n. Municipal government subsidy: Assistance that is made available through a town program to make housing affordable, as affordable housing is defined above. Such assistance may include but not limited to: direct financial support; waiver of fees and charges; approval of density bonuses and/or internal subsidies; and any combination of forms of assistance.
o. State housing appeals board: The board which hears appeals of denials or conditioned approvals from applicants filing an application for a comprehensive permit to construct or rehabilitate low or moderate income housing under the provisions of G.L. ch. 45-53.
p. Subsidized housing: Housing which receives any direct or indirect municipal, state or federal financial assistance which reduces the cost of the development and results in the creation of affordable housing units for low and moderate income families.
(Ord. of 11-30-23(3))