ARTICLE II. - AFFORDABLE HOUSING

Part of the Code of Ordinances of Burrillville, RI.

Local law · Updated March 25, 2026 · 896 sections

The text

Footnotes:

--- (1) --- Editor's note— Ord. of 12-13-2023(1), adopted Dec. 13, 2023, repealed the former Art. II, §§ 10.5-31—10.5-38, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Ord. of 1-26-2005; Ord. of 9-12-2007(1); and Ord. of 03-22-2023 (2).

Sec. 10.5-31. - Relation to Rhode Island General Law.#

All applications made under this article are subject to the definitions, procedures, and standards of G.L. 1956, § 45-53, the Rhode Island Low and Moderate Income Housing Act, as may be amended from time to time.

(Ord. of 12-13-2023(1))

Sec. 10.5-32. - Power of planning board to grant comprehensive permits.#

In accordance with G.L. 1956, § 45-53, the Rhode Island Low and Moderate Income Housing Act, for all comprehensive permit applications, the planning board shall serve as the local review board and shall have the same power to issue a comprehensive permit which includes all permits or approvals as any local board or official who would otherwise act with respect to such application, including, but not limited to, the power to attach to the permit or approval conditions and requirements with respect to height, site plan, size, shape or building materials, as are consistent with the terms of this section.

(Ord. of 12-13-2023(1))

Sec. 10.5-33. - For-profit developers—Limits.#

There shall be a limit on the annual calendar-year total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent of the total number of year-round housing units in the town, as recognized in the town's affordable housing plan. The local review board shall not act on applications which exceed the stated limit. Notwithstanding the timetables set forth in G.L. 1956, § 45-53-4, the local review board shall consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted. This section shall only apply when in the prior calendar year, the town met all the standards for for-profit developers - limits as set forth in G.L. 1956, § 45-53-4.

(Ord. of 12-13-2023(1))

Sec. 10.5-34. - Municipal government subsidies.#

The following zoning incentives shall be allowed for projects submitted under this article: (1)

Density bonus. The following density bonuses apply for projects submitted under this article, provided that the total land utilized in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development and easements or rights of way of record:

For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project which provides at least 25 percent low- and moderate-income housing shall be at least five units per acre;

For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project which provides at least 50 percent low- and moderate-income housing shall be at least nine units per acre;

For properties connected to public sewer and water, or eligible to be connected to public sewer and water based on written confirmation from each respective service provider, the density bonus for a project which provides 100 percent low- and moderate-income housing shall be at least 12 units per acre;

For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project which provides at least 25 percent low- and moderate-income housing shall be at least three units per acre;

For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project which provides at least 50 percent low- and moderate-income housing shall be at least five units per acre;

For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the density bonus for a project which provides 100 percent low- and moderate-income housing shall be at least eight units per acre;

(2)

Parking. No more than one off-street parking space shall be required per dwelling unit for units up to and including two bedrooms in applications submitted under this article.

(3)

Bedrooms. There shall be no limit on the number of bedrooms per dwelling unit in applications submitted under this article.

(4)

Floor area. Except as provided by G.L. 1956, § 45-24.3-11 (the state's housing maintenance and occupancy code), floor area requirements shall not be used to limit any application.

(Ord. of 12-13-2023(1))

Sec. 10.5-35. - Application and review process.#

(a)

For proposals in which at least 25 percent of the housing is low- or moderate-income housing, an applicant may submit to the local review board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards.

(b)

Preliminary plan review.

(1)

Submission requirements. Applications for preliminary plan review under this article shall include:

A letter of eligibility issued by the Rhode Island housing and mortgage finance corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy;

A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments;

A proposed timetable for the commencement of construction and completion of the project;

Evidence of site control;

Evidence of eligibility for a state or federal subsidy, including a letter from the funding agency indicating the eligibility of the applicant and the project;

Evidence of incorporation and nonprofit status, if applicable or, statement that application is being made by a for profit developer;

Soils map of the site including soil classifications and acreage in each soil classification; soil classifications and acreage within applicable development limitations districts;

Site development plans showing the locations and outlines of proposed buildings, proposed final elevations, proposed locations, general dimensions and materials for streets, drives, parking areas, walks and paved areas; and proposed landscaping improvements and open areas within the site; plans shall be signed whenever required by the state building code (i.e. professional engineer, architect, land surveyor, etc.);

A report on the existing site conditions and a summary report of the surrounding areas within a 500-foot radius of the proposed development, showing the location and nature of existing buildings, existing street elevations, traffic patterns, and character of open areas, including wetlands and floodplain;

Final scaled architectural drawings; for each building the drawings shall be signed in accordance with the state building code and shall include typical floor plans, typical elevations and sections and shall identify construction type and exterior finish;

A tabulation of proposed buildings by type, size (number of bedrooms, floor area) and ground coverage and a summary showing the percentage of the tract to be occupied by buildings, by parking and other paved vehicular areas and by open spaces;

Where a subdivision of land is involved, a final subdivision plan in accordance with the town subdivision and land development regulations with supporting documents;

A utilities plan showing the proposed location and types of sewage, drainage, water facilities, hydrants and lighting;

A signage plan including any entrance signage, street name(s) and private development sign, if applicable;

Approval from the department of environmental management, wetlands division, for proposed wetland determinations/alterations;

Letter from the applicable water supplier as to availability, including pressure, flow and volume;

Assessment of the fire flow requirement from the fire department;

Approval of the sewage disposal system from the department of environmental management, ISDS division, for any development other than single-family, and/or in the case of a detached single-family development, a preliminary suitability from the department of environmental management, ISDS division, providing preliminary suitability for all proposed lots with ISDS systems when applicable;

Delineation of flood plain(s) in accordance with the Federal Emergency Management Agency delineation; and

Map of all parcels and list of all persons owning real property located within 200 feet of each parcel(s) which is the subject of the application.

Appropriate application fee.

Notwithstanding the submission requirements set forth above, the local review board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and/or state permits, statements and advice from other local boards and officials.

(2)

Certification of completeness. The preliminary plan application shall be certified complete or incomplete by the administrative officer according to the provisions of G.L. 1956, § 45-23-36 (subdivision of land - application for development and certification of completeness); provided, however, that the certificate shall be granted within 25 days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

(3)

Review of applications. An application filed in accordance with this article shall be reviewed in accordance with the following provisions:

Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.

Notice. Public notice for the public hearing will be the same notice required under local regulations for a public hearing for a preliminary plan promulgated in accordance with G.L. 1956, § 45-23-42 (subdivision of land - major land development and major subdivision - public hearing and notice). The cost of notice shall be paid by the applicant.

Timeframe for review. The local review board shall render a decision on the preliminary plan application within 90 days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of a written consent.

Failure to act. Failure of the local review board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the local review board to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed herein, the application is deemed to have been allowed and the preliminary plan approval shall be issued immediately.

(4)

Required findings for approval. In approving an application, the local review board shall make positive findings, supported by legally competent evidence on the record that discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable.

The proposed development is consistent with local needs as identified in the local comprehensive community plan with particular emphasis on the community's affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

The proposed development is in compliance with the standards and provisions of Burrillville's zoning ordinance and subdivision and land development regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.

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 within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.

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, sewerage disposal, availability of potable water, adequate surface water run-off, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community. To this end, the developer must demonstrate that the proposed development will be connected to public water and sewer. In addition, the developer must demonstrate that there are adequate public facilities to support the development, including, but not limited to, adequate capacity of public water and sewer, roadways, sidewalks, etc., and if not, demonstrate how the developer will ensure adequate public facilities.

All proposed land developments and all subdivision lots will have adequate and permanent physical access to a public street in accordance with the requirements of G.L. 1956, § 45-23-60(5) (subdivision of land - required findings).

The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.

(5)

Conditions. Approvals may be made with conditions dealing with, but not limited to, height, size, site plan, shape or building materials. As provided for in the Burrillville zoning ordinance, the local review board may provide for the issuance of conditional zoning approval and where the proposed application would otherwise be approved except that one or more state or federal agency or other applicable entities' approvals which are necessary are pending.

(6)

Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:

If the town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the local review board also finds that the municipality has made significant progress in implementing that housing plan;

The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in conformance with the comprehensive plan;

The proposal is not in conformance with the comprehensive plan;

The town has met or has plans to meet the goal of ten percent of the year-round units as defined in G.L. 1956, § 45-53-3(4)(i) being low- and moderate-income housing; provided that, the local review board also finds that the community has achieved or has made significant progress towards meeting the goals required by this section;

Concerns for the environment and the health and safety of current residents, including the standards of section 10.5-35(b)(4)d above, have not been adequately addressed.

(7)

Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year extensions upon written request by the applicant, who must appear before the planning board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the local review board. The vesting for the preliminary plan approval includes all ordinance provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and supporting material.

(c)

Final plan review. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the local review board's discretion, it may vote to require the applicant to return for final plan review and approval.

(1)

Submission requirements. Applications for final plan review under this article shall include:

All required state and federal permits must be obtained prior to the final plan approval or the issuance of a building permit; and

A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to G.L. 1956, § 45-53-3.2 (Approved monitoring agent program); and

A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than 30 years; and

Plus, all submission requirements found under "final plan requirements, major subdivision/land development" (see the town subdivision and land development regulations section 15-6.5.C).

(2)

(3)

Review of applications. An application filed in accordance with this article shall be reviewed in accordance with the following provisions:

Timeframe for review. The reviewing authority shall render a decision on the final plan application within 45 days of the date the application is certified complete.

Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.

(4)

Modifications and changes to plans.

Minor changes. Minor changes, as defined in the town subdivision and land development regulations, to the plans approved at preliminary plan may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from the local review board. Denial of the proposed change(s) shall be referred to the local review board for review as a major change.

Major changes. Major changes, as defined in the town subdivision and land development regulations, to the plans approved only by the local review board and must follow the same review and public hearing process required for approval of preliminary plans as described herein.

The administrative officer shall notify the applicant in writing within 14 days of submission of the final plan application if the administrative officer is referring the application to the local review board under this subsection.

(4)

Decision on final plan. An application filed in accordance with this article shall be approved by the administrative officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approvals or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.

(5)

Vesting. The approved final plan is vested for a period of two years with the right to extend for one one-year extension upon written request by the applicant, who must appear before the planning board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the local review board.

(d)

Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the local review board, that proposed conditions of approval are infeasible, as defined in G.L. 1956, § 45-53-3 (LMI Housing Act - definitions). Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

(e)

Fees. Any fees imposed on comprehensive permit applications shall not exceed fees that would otherwise be assessed for a project of the same scope and type, but not proceeding under this chapter; provided, however, the imposition of such fees shall not preclude a showing by an applicant that the fees make the project financially infeasible.

(f)

Majority vote required. All local review board decisions on comprehensive permits shall be by majority vote of the members present at the proceeding; provided that, there is at least a quorum of the local review board present and voting at the proceeding.

(g)

Construction timetable. A comprehensive permit shall expire unless construction is started within 12 months and completed within 60 months of the recording of the final plan unless a longer and/or phased period for development is agreed to by the local review board and the applicant. Low- and moderate-income housing units shall be built and occupied prior to, or simultaneous with, the construction and occupancy of market rate units.

(Ord. of 12-13-2023(1))

Sec. 10.5-36. - Records of the proceedings.#

All written decisions on applications under this article shall be recorded in the land evidence records within 20 days after the local review board's vote or the administrative officer's decision, as applicable. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the administrative officer. Written decisions shall include a record of the proceeding, including any examination of witnesses, findings of fact and other official actions taken pertaining to the application, either taken by stenographer or recorded by a sound recording and shall keep written minutes of the proceedings showing the vote of each member on any matters brought to a vote and indicating those members absent or failing to vote.

(Ord. of 12-13-2023(1))

Sec. 10.5-37. - Appeals.#

(a)

The appeals process is effective as of January 1, 2024, per the provisions of G.L. 1956, § 45-53-5.1. Any appeal sought prior to January 1, 2024, is subject to the provisions of G.L. 1956, § 45-53-5, until January 1, 2024, at which time that section shall sunset and be repealed and replaced by G.L. 1956, § 45-53-5.1.

(b)

A decision of a local review board may be appealed by the applicant or an aggrieved party, as defined by G.L. 1956, § 45-24-31 to the superior court for the county in which the property is situated. The appeal shall be taken within 20 days after the date of the recording and posting of the decision by the local review board by filing with the superior court, a complaint which contains a statement of the prior proceedings and the reasons upon which the appeal is based. The complaint shall name the local review board as the appellee and serve the local review board with the appeal within 20 days of filing of the appeal. If an aggrieved party who is not the applicant files an appeal, the original applicant shall be named as a party and served in the same manner as the local review board.

(c)

The local review board shall not be required to answer the complaint, but it shall submit the complete local review board record to superior court within 30 days of receiving service of the complaint. Should the local review board fail to file the record within 30 days, the applicant may move for default.

(d)

The court shall not substitute its judgment for that of the local review board as to the weight of the evidence on questions of fact. The court may affirm the decision of the local review board or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions that were arbitrary, capricious or unreasonable.

(e)

An aggrieved party may, within 20 days from the date of entry of the judgment of superior court, petition the supreme court of the State of Rhode Island for a writ of certiorari to review any questions of law involved. The petition for a writ of certiorari shall set forth the errors claimed. Upon the filing of such a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari to the superior court to certify to the supreme court the record of the record under review, or so much thereof as was submitted to the superior court by the parties, together with any additional record of the proceedings in the superior court.

(Ord. of 12-13-2023(1))