Definitions

Completed application: All necessary forms and all accompanying documents, exhibits and fees required of an applicant by the permitting board and preliminary review committee with respect to a comprehensive permit application.

Consistent with local needs: Local zoning or land use ordinances, requirements, and regulations are considered "consistent with local needs" if; they are 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; they protect the health and safety of the occupants of the proposed housing or of the residence of town; they promote better site and building design in relation to the surroundings, or to preserve open spaces; 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 a town where:

• • 1. Low or moderate income housing exists which is in excess of ten (10) percent of the housing units reported in the census.

  • 2. The town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan which has been adopted and approved and the housing element of the comprehensive plan provides for low and moderate income housing in excess of either ten (10) percent of the housing units or fifteen (15) percent of the occupied rental housing units.

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 zoning approval, 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.

Local board: Any town zoning board of review, planning board or commission, platting board of review, building inspector; or the officer or board having supervision of the construction of buildings or the power of enforcing municipal building, subdivision, or zoning laws; or the town council.

Low or moderate income housing: Any housing subsidized by the federal, state or local government under any program to assist the construction or rehabilitation of low or moderate income housing, as defined in the applicable federal or state statue, whether built or operated by any public agency or any nonprofit organizations, or by any limited equity housing cooperative, or any private developer.

Permitting board: The Warren Planning Board.

Preliminary review committee: (Committee) consisting of the zoning/building official, the planning board chairman or his/her designee, the zoning board of review chairman or his/her designee, a member of the voluntary historic district commission when the proposed project is within the National Register Historic District. The meeting shall be conducted in the same manner as a technical review committee with the planning administrative officer/building official serving as chair.