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Westerly
Town of Westerly Zoning Ordinance
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§ 260-50.3

Comprehensive permits

[Amended 9-24-2007 by Ch. No. 1616]

  • A. Statutory authority and purpose.
    • (1) In accordance with Title 45, Chapter 53 of the Rhode Island General Laws, entitled "Low- and Moderate-Income Housing Act," an applicant proposing to build a development with low- or moderate-income housing may submit to the Planning Board a single application for a comprehensive permit to build that development, instead of separate applications to the local boards and officials having jurisdiction over zoning and land use who would otherwise have the authority to approve the application. This procedure is available only for proposals in which at least 25% of the housing will be low- or moderate-income housing.
    • (2) In keeping with the goals and objectives of the Westerly Comprehensive Community Plan, low- and moderate-income housing shall be provided in a manner that maintains the character of the community and is commensurate with the ability of the Town to provide good quality and cost-effective services to its residents. In meeting the needs for affordable housing, priority consideration shall be given to the retrofitting of existing dwellings and the assimilation of low- and moderate-income housing into existing developments and neighborhoods.
  • B. Annual caps on comprehensive permits. In accordance with Westerly's Comprehensive Plan and RIGL 45-53-4(a)(4)(xii), Westerly Town Council limits the annual total number of market rate and affordable dwelling units in comprehensive permit applications from for-profit developers to an aggregate of 1% of the total number of year-round housing units in the town, as recognized in the affordable housing plan. Notwithstanding the timetables set forth elsewhere in this section, the Planning Board shall have the authority to consider comprehensive permit applications from for-profit developers, which are made pursuant to this subsection, sequentially in the order in which they are submitted.
  • C. Housing density bonus. A goal of Westerly's Comprehensive Plan is to ensure that low- and moderate-income housing units are spread throughout the entire community, and are not confined to a handful of locations before reaching the annual cap on comprehensive permits. In order to achieve this objective, a bonus in the combined number of market rate and affordable units proposed for any single comprehensive permit shall be provided, reflecting a "one step" density increase within the established hierarchy of the Schedule of Dimensional Regulations (§ 260-19). The following table illustrates maximum allowed density bonuses for each of the Town's residential zoning districts. For example, a comprehensive permit proposed in the HDR-15 Zone (15,000 square feet per unit or 2.90 units per acre) could be submitted with densities allowed in the HDR-10 Zone (10,000 square feet per unit or 4.36 units per acre). Any density bonus granted by the Planning Board shall further be contingent on provisions contained in Subsection G below, including suitability of project design, environmental characteristics of the parcel, and the development's relationship to supporting utility and roadway infrastructure.
    Comprehensive Permit - Zoning Hierarchy Density Table
    Zoning Distric
    t    		Allowed Density, Schedule of Dimensional Regulations (§ 260-19)Maximum Density for Comprehensive Permit Applications (Market-Rate and Affordable Units Combined)
    HDR-67.26 units/acre8.71 units/acre (20% density bonus)
    HDR-104.36 units/acre7.26 units/acre (66% density bonus)
    HDR-152.90 units/acre4.36 units/acre (50% density bonus)
    MDR-202.18 units/acre2.90 units/acre (33% density bonus)
    MDR-301.45 units/acre2.18 units/acre (50% density bonus)
    LDR-401.09 units/acre1.45 units/acre (33% density bonus)
    LDR-431.00 unit/acre1.33 units/acre (33% density bonus)
    RR-600.73 units/acre1.00 unit/acre (37% density bonus)
  • D. Application procedure.
    • (1) Preapplication conference.
      • (a) An applicant for a comprehensive permit shall request a preapplication conference with the Town Planner. The purpose of the conference is to review a concept plan of the proposed development.
      • (b) To request a preapplication conference, the applicant shall submit a short written description of the project, including the number of units, type of housing, and a location map.
      • (c) The Town Planner shall have 30 days from receipt of a request for a preapplication conference to conduct the conference. If the preapplication conference has not taken place within 30 days, the applicant has the right to file the comprehensive permit application.
    • (2) Submission requirements. Applications for a comprehensive permit shall include an original and 24 copies of the following:
      • (a) A written application for a comprehensive permit on a form provided by the Planning Department for that purpose. The application shall identify the specific ordinances and regulations from which the applicant is seeking relief, together with a specific description of what relief is needed, including the permitted and the proposed housing density. A yield plan, which shall be subject to Planning Board approval, shall be included to show allowed density according to the Schedule of Dimensional Regulations (§ 260-19).
      • (b) For applications that do not propose a major land development project or a major subdivision, the applicant shall submit all of the material required by the applicable provision of the Zoning Ordinance or the Land Development and Subdivision Regulations, including the master plan checklist for major land developments and major subdivisions, and the Town Planner shall indicate which provisions are not applicable at the preapplication conference.

        Editor's Note: See Ch. 260, Zoning, or Ch. A261, Land Development and Subdivision Regulations, respectively.

      • (c) For applications that propose a major land development project or a major subdivision, the applicant shall submit all items on the master plan checklist for major land developments and major subdivisions in the Land Development and Subdivision Regulations.
    • (3) Supporting materials. Applications shall include the following:
      • (a) A letter of eligibility or documentation of eligibility for a state or federal subsidy, or identification of the municipal subsidy sought;
      • (b) A proposed timetable for the commencement of construction and completion of the project, including a timetable for construction phasing that includes the percentage of low- and moderate-income housing that will be constructed during each phase;
      • (c) A sample land lease or deed restriction with affordability liens, in conformance with guidelines of the agency providing the subsidy, that will restrict use of the low- and moderate-income units to low- and moderate-income housing for 99 years;
      • (d) Identification of an approved entity that will monitor the long-term affordability of the low- and moderate-income units;
      • (e) A financial pro forma for the proposed development, including but not limited to evidence of the acquisition price, expenses, and other economic factors that comprise the total cost for the construction and administration of the facility and the resulting rental rates or sale prices to be charged for all units constructed;
      • (f) Scaled architectural drawings including floor plans of typical units, typical elevations, and sections, identifying construction type and exterior finish materials;
      • (g) A list of all state and federal approvals and permits required for construction of the development;
      • (h) A description of the proposed buildings by type and size (numbers of buildings, residential units, bedrooms, floor area), and percentage of the site that will be covered by structures and other impervious surfaces;
      • (i) An application fee of $1,500. Additional fees for legal advertising and third-party engineering review may be assessed pursuant to Chapter A261, Land Development and Subdivision Regulations, § A261-12D and E.
  • E. Certification of Completeness
    • (1) The Town Planner shall certify a new application as complete or incomplete, according to the provisions of the Land Development and Subdivision Regulations, within 30 days of the day it is received. If the application is certified as incomplete, the Town Planner shall specify, in writing, the missing or incomplete items. That time period stops running if the Town Planner determines that the application is incomplete. When the application is resubmitted, the Town Planner shall certify it as complete or incomplete within 14 days of the date of resubmission.
    • (2) When an application is certified as complete, the Planning Department shall transmit a complete copy of the application to the Town Council, the Conservation Commission, the Zoning Board of Review, the Zoning Official, the applicable fire district, and the Department of Public Works.
    • (3) Notwithstanding the submission requirements set forth in this section, the Planning Board may request additional reasonable documentation during review of the application, including but not limited to opinions of experts, credible evidence of application for necessary federal or state permits, and opinions or recommendations from other town boards, commissions, or officials.
  • F. Review of application
    • (1) A master plan application for a major land development project or major subdivision shall be scheduled for a public hearing as soon as practical. The Planning Board shall render a decision on the master plan application no more than 120 days after the date on which the application was certified as complete, unless the applicant and the Planning Board agree to a longer period of time. Preliminary plan review and approval and final plan review and approval shall take place pursuant to the provisions of the Land Development and Subdivision Regulations, provided, however, that the preliminary plan application shall be certified as complete within forty-five (45) days of the day it is submitted.
    • (2) An application proposing any type of development other than a major land development or major subdivision, including but not limited to a minor land development, minor subdivision, Zoning Ordinance relief, or relief from any other local ordinance or regulation, shall be reviewed according to the procedures specified in the Zoning Ordinance or in the Land Development and Subdivision Regulations for that type of relief, provided, however, that a public hearing shall be conducted on each such application. The Planning Board shall schedule a public hearing on the application as soon as practical after the application is certified as complete, and shall render a decision no more than 95 days after the date on which the application was certified as complete, unless the applicant and the Planning Board agree to a longer period of time. The time from voting by the Planning Board until the written decision is issued shall not be included in any mandatory time period.
    • (3) If a decision is not rendered within the time periods in this section, the application shall be considered approved, and the necessary permits shall be issued immediately.
  • G. Decision.
    • (1) In a decision approving an application for a comprehensive permit, the Planning Board shall make positive findings on each of the following applicable criteria. The findings shall be supported by legally competent evidence on the record, and the decision shall disclose the nature and character of the observations on which the Planning Board members acted.
      • (a) The proposed development is consistent with local needs as identified in the Comprehensive Plan, with particular emphasis on the affordable housing plan, or the proposed development has satisfactorily addressed the issues where there may be inconsistencies.
      • (b) The proposed development is in compliance with the standards and provisions of the Zoning Ordinance and Land Development and Subdivision Regulations, or where those standards and provisions have been waived or varied, local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.
      • (c) All low- and moderate-income housing units proposed are integrated throughout the development, are compatible in scale and architectural style to the market rate units in the development, and will be built and occupied prior to, or simultaneously with, the construction and occupancy of the market rate units.

        [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

      • (d) There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval.
      • (e) There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical or cultural features that contribute to the attractiveness of the community.
      • (f) All of the proposed land development, or all lots in a subdivision, will have adequate and permanent access to a public street in accordance with the requirements of RIGL 45-23-60(a)(5).
      • (g) The proposed development will not result in the creation of individual lots with such physical constraints to development that building on those lots according to the applicable regulations and building standards would be impracticable, unless the lots are created solely as permanent open space or are permanently reserved for a public purpose on the approved and recorded plat.
    • (2) The Planning Board may deny the application for any of the following reasons:
      • (a) Westerly's affordable housing plan has been approved, Westerly has adopted the implementation plan contained in the approved plan, Westerly has not unreasonably denied applications made pursuant to the approved affordable housing plan, and the application is inconsistent with the approved affordable housing plan;
      • (b) The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved Comprehensive Plan, and/or the Zoning Ordinance and procedures promulgated in conformance with the Comprehensive Plan;
      • (c) The proposal is not in conformity with the Comprehensive Plan;
      • (d) Westerly has met, or has plans to meet, the goal of having 10% of its year-round housing units as low or moderate income housing;
      • (e) The application does not adequately address concerns for the environment and for the health and safety of current town residents.
    • (3) When making its decision, the Planning Board shall have the same powers as the boards and officials who would otherwise have the authority to approve the application.
    • (4) The Planning Board shall have the authority to impose conditions and requirements on the decision with respect to site plan, height, size or shape, or building materials, that are consistent with the provisions of this section, consistent with the approved affordable housing plan, and supported by competent legal evidence in the record.
    • (5) The decision of the Planning Board shall be by a majority vote of the membership of the Board. The decision shall be in writing and shall be posted in the office of the Town Planner and in the office of the Town Clerk. A copy shall be sent to the applicant.
    • (6) A comprehensive permit shall expire unless construction is started within 12 months and completed within 60 months of final plan approval unless the Planning Board and the applicant agree to a longer and/or phased period for development. Low- and moderate-income housing units shall be built and occupied prior to or simultaneously with the construction and occupancy of market rate units.
  • H. Appeals.
    • (1) Any person aggrieved by the issuance of an approval may appeal to the Washington County Superior Court within 20 days of the issuance of approval.
    • (2) If the application is denied, or is granted with conditions or requirements that make the construction or operation of the housing infeasible, the applicant has the right to appeal the decision to the State Housing Appeals Board. The appeal shall be made within 20 days of the date of notice of the decision.