§ 45-53-3 - Definitions.
SECTION 45-53-3
§ 45-53-3 Definitions. – The following words, wherever used in this chapter, unless a different meaningclearly appears from the context, have the following meanings:
(1) "Affordable housing plan" means a component of a housingelement, as defined in subdivision 45-22.2-4(1), to meet housing needs in acity or town that is prepared in accordance with guidelines adopted by thestate planning council, and/or to meet the provisions of subsection45-53-4(b)(1) and (c).
(2) "Approved affordable housing plan" means an affordablehousing plan that has been approved by the director of administration asmeeting the guidelines for the local comprehensive plan as promulgated by thestate planning council; provided, however, that state review and approval, forplans submitted by December 31, 2004, shall not be contingent on the city ortown having completed, adopted, or amended its comprehensive plan as providedfor in sections 45- 22.2-8, 45-22.2-9, or 45-22.2-12.
(3) "Comprehensive plan" means a comprehensive plan adoptedand approved by a city or town pursuant to chapters 22.2 and 22.3 of this title.
(4) "Consistent with local needs" means reasonable in view ofthe state need for low and moderate income housing, considered with the numberof low income persons in the city or town affected and the need to protect thehealth and safety of the occupants of the proposed housing or of the residenceof the city or town, to promote better site and building design in relation tothe surroundings, or to preserve open spaces, and if the local zoning or landuse ordinances, requirements, and regulations are applied as equally aspossible to both subsidized and unsubsidized housing. Local zoning and land useordinances, requirements, or regulations are consistent with local needs whenimposed by a city or town council after comprehensive hearing in a city or townwhere:
(i) Low or moderate income housing exists which is: (A) inthe case of an urban city or town which has at least 5,000 occupied year-roundrental units and the units, as reported in the latest decennial census of thecity or town, comprise twenty-five percent (25%) or more of the year-roundhousing units, is in excess of fifteen percent (15%) of the total occupiedyear-round rental units; or (B) in the case of all other cities or towns, is inexcess of ten percent (10%) of the year-round housing units reported in thecensus.
(ii) The city or town has promulgated zoning or land useordinances, requirements, and regulations to implement a comprehensive planwhich has been adopted and approved pursuant to chapters 22.2 and 22.3 of thistitle, and the housing element of the comprehensive plan provides for low andmoderate income housing in excess of either ten percent (10%) of the year-roundhousing units or fifteen percent (15%) of the occupied year-round rentalhousing units as provided in subdivision (2)(i).
(5) "Infeasible" means any condition brought about by anysingle factor or combination of factors, as a result of limitations imposed onthe development by conditions attached to the approval of the comprehensivepermit, to the extent that it makes it impossible for a public agency,nonprofit organization, or limited equity housing cooperative to proceed inbuilding or operating low or moderate income housing without financial loss,within the limitations set by the subsidizing agency of government, on the sizeor character of the development, on the amount or nature of the subsidy, or onthe tenants, rentals, and income permissible, and without substantiallychanging the rent levels and unit sizes proposed by the public agency,nonprofit organization, or limited equity housing cooperative.
(6) "Letter of eligibility" means a letter issued by theRhode Island housing and mortgage finance corporation in accordance withsubsection 42-55-5.3(a).
(7) "Local board" means any town or city official, zoningboard of review, planning board or commission, board of appeal or zoningenforcement officer, local conservation commission, historic districtcommission, or other municipal board having supervision of the construction ofbuildings or the power of enforcing land use regulations, such as subdivision,or zoning laws.
(8) "Local review board" means the planning board as definedby subdivision 45-22.2-4(26), or if designated by ordinance as the board to acton comprehensive permits for the town, the zoning board of review establishedpursuant to section 45-24-56.
(9) "Low or moderate income housing" means any housingwhether built or operated by any public agency or any nonprofit organization orby any limited equity housing cooperative or any private developer, that issubsidized by a federal, state, or municipal government subsidy under anyprogram to assist the construction or rehabilitation of housing affordable tolow or moderate income households, as defined in the applicable federal orstate statute, or local ordinance and that will remain affordable through aland lease and/or deed restriction for ninety-nine (99) years or such otherperiod that is either agreed to by the applicant and town or prescribed by thefederal, state, or municipal government subsidy program but that is not lessthan thirty (30) years from initial occupancy.
(10) "Meeting housing needs" means adoption of theimplementation program of an approved affordable housing plan and the absenceof unreasonable denial of applications that are made pursuant to an approvedaffordable housing plan in order to accomplish the purposes and expectations ofthe approved affordable housing plan.
(11) "Municipal government subsidy" means assistance that ismade available through a city or town program sufficient to make housingaffordable, as affordable housing is defined in § 42-128-8.1(d)(1); suchassistance may include, but is not limited to, direct financial support,abatement of taxes, waiver of fees and charges, and approval of density bonusesand/or internal subsidies, and any combination of forms of assistance.