The text
Footnotes:
--- (1) --- Cross reference— Hopkinton Land Trust, § 2-208 et seq.; buildings and building regulations, Ch. 5; historic preservation, Ch. 7; cluster residential development, § 18-176 et seq.; planning and development, Ch. 13.5; subdivisions, Ch. 18; zoning, App. A.
ARTICLE I. - IN GENERAL#
Secs. 7.5-1—7.5-25. - Reserved.#
ARTICLE II. - HOUSING MAINTENANCE AND OCCUPANCY CODE#
Footnotes:
--- (2) --- Editor's note— Ch. 122, §§ 122-1—122-3, adopted Aug. 16, 1993, added provisions to the Code, but did not specify manner of inclusion. At the discretion of the editor, therefore, said provisions have been included as §§ 7.5-26—7.5-28 herein.
Sec. 7.5-26. - Adoption of code; requirements.#
The State of Rhode Island has adopted the Rhode Island Housing Maintenance and Occupancy Code, R.I.G.L., chapter 45-24.3, which requires: a) each town to create and establish such officers as are required to enforce and administer the powers and duties of said chapter, and b) each town to select and organize a housing board of review consisting of five (5) members.
(Ch. 122, 8-16-93)
Sec. 7.5-27. - Enforcing officer.#
An enforcing officer shall be appointed by the town council. It shall be the duty of the enforcing officer to enforce the provisions of said Rhode Island Housing Maintenance and Occupancy Code and any amendment thereto. Said enforcing officer shall have all such powers and duties as given enforcing officers in said R.I.G.L., chapter 45-24.3.
(Ch. 122, 8-16-93)
Sec. 7.5-28. - Housing board of review.#
(a)
Housing board of review. A housing board of review is hereby created. The board shall be appointed by the town council and shall consist of five (5) members. Each member shall be appointed for a term of five (5) years, except that the original appointments shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectively and reappointment or succeeding appointments shall be made on July 1 of each year.
(b)
Organization of the board. During July of each year, the board shall organize by electing from its membership, a chair person, vice-chairperson and secretary.
(c)
Powers and duties of the board. The board and its members shall have all the powers and duties provided to a housing board of review and its members by said R.I.G.L., chapter 45-24.3.
(Ch. 122, 8-16-93)
Sec. 7.5-29. - Affordable housing partnership.#
(a)
Affordable housing partnership. An affordable housing partnership is hereby created. The partnership committee shall be appointed by the town council and shall consist of five (5) members, with three (3) members needed for a quorum. Each member shall be appointed for a term of five (5) years, except that the original appointments shall be made for terms of one (1), two (2), three (3) four (4) and five (5) years respectively and reappointment or succeeding appointments shall be made on July 1 of each year.
(b)
Organization of the partnership committee. During July of each year, the partnership committee shall organize by electing from its membership, a chair person, vice-chairperson and secretary.
(c)
Powers and duties of the partnership committee. The charge and duties of the affordable housing partnership shall be as follows:
• Maintaining a list of candidates for the affordable housing.
• Overseeing any lotteries or other mechanisms that control access to affordable units.
• Being responsible for managing any contractual relationships.
• Seeing that town policies, in regards to monitoring, were followed.
• Establishing short and long-term housing goals for the town that include those in this plan, and creating an action plan to meet them.
• Supporting and expanding the role of non-profit organizations in developing permanent affordable housing.
• Conducting a housing opportunities plan to identify underutilized parcels that are zoned either residential or non-residential and are suitable for high density housing or mixed uses.
• Developing a site inventory of potentially suitable sites for adaptive reuse such as mills and vacant buildings.
• Considering the feasibility of tax abatement plans to create affordable unites within existing homes.
• Advocating the creation of affordable housing for the elderly and special needs groups.
• Researching priorities for the installation and any future expansion of town sewer and water services and how new septic plant technology could be harnessed to facilitate controlled growth.
• Updating the housing element.
• Working with the town building inspector to make sure that housing in town is safe and sanitary.
• Coordinating education programs to raise awareness and remove impediments to affordable housing development.
• Keeping the town apprised of changes in the Low and Moderate Income Housing Act.
• Monitoring changes in the housing industry and governmental programs by conferences and seminars such as those offered by Grow Smart Rhode Island.
• Administering an affordable housing land trust fund.
(Ch. 186, 5-2-05)
Secs. 7.5-30—7.5-35. - Reserved.#
ARTICLE III. - MUNICIPAL GOVERNMENT SUBSIDY PROGRAM FOR LOW AND MODERATE INCOME HOUSING#
Footnotes:
--- (3) --- Editor's note— Ch. 185, §§ 1—9, adopted January 17, 2006, did not specifically amend the Code. Therefore, such ordinance has been added as Art. III, §§ 7.5-36—7.5-44 at the editor's discretion.
Sec. 7.5-36. - Declaration of policy.#
The "Rhode Island Low and Moderate Income Housing Act" was established pursuant to Title 45, Chapter 53 of the General Laws of Rhode Island to provide opportunities for the establishment of low and moderate income housing within each city and town throughout the state. It is the policy of the Town of Hopkinton to facilitate the development of low and moderate income housing in accordance with the "Rhode Island Low and Moderate Income Housing Act" and in conformance with the Hopkinton Comprehensive Community Plan.
(Ch. 185, § 1, 1-17-06)
Sec. 7.5-37. - Findings of fact.#
The town council finds that the Rhode Island Low and Moderate Income Housing Act requires each and every city or town throughout the state to provide low and moderate income housing in excess of ten (10) percent of the housing units reported that city or town in the census. The town council further finds that the Rhode Island Low and Moderate Income Housing Act authorizes each city or town to provide opportunities for housing that qualifies as low and moderate income housing through the adoption of a municipal government subsidy program. The town council further finds that the housing and affordable housing component of the Town of Hopkinton Comprehensive Community Plan finds that the town has 5.23 percent affordable housing, leaving the town with a deficit of one hundred forty-nine (149) affordable housing units. The town council further finds that the housing and affordable housing component of the comprehensive community plan for the Town of Hopkinton states that the there are no local programs to assist moderate income households. The town council further finds that the housing and affordable housing component of the comprehensive community plan for the Town of Hopkinton establishes as one (1) of its goals that the town should provide housing opportunities for moderate income households without ignoring the need for low income housing. The town council further finds that it is in the interest of the residents of the Town of Hopkinton to adopt a municipal government subsidy program for all major and minor subdivisions and major residential development.
(Ch. 185, § 2, 1-17-06)
Sec. 7.5-38. - Definitions.#
The following word, whenever used in this article, unless a different meaning clearly appears from the context, have the following meanings:
Affordable housing means residential housing that has a sales price or rental amount that is within the means of a household that is moderate income or less. In the case of dwelling units for sale, housing that is affordable means housing in which principal, interest, taxes, which may be adjusted by state and local programs for property tax relief and insurance constitute no more than thirty (30) percent of the gross household income for a moderate income household. In the case of dwelling units for rent, housing that is affordable means housing for which the rent, heat, and utilities other than telephone constitute no more than thirty (30) percent of the gross annual household income for household with eighty (80) percent or less of area median income, adjusted for family size. Affordable housing shall include all types of year-round housing, including but not limited to, manufactured housing, housing originally constructed for workers and their families, accessory dwelling units, housing accepting rental vouchers and/or tenant based certificates under Section 8 of the United States Housing Act of 1937, as amended, and assisted living housing, where the sale or rental amount of such housing, adjusted for any federal, state, or municipal government subsidy, is less than or equal to thirty (30) percent of the gross household income of the low and/or moderate income occupants of the housing.
Low or moderate income housing means any housing subsidized by the federal, state, or municipal government under any program to assist the construction or rehabilitation housing as low or moderate income housing, as defined in the applicable federal or state statute, or local ordinance whether built or operated by any public agency or any nonprofit organization, or by any limited equity housing cooperative or any private developer, that will remain affordable for ninety-nine (99) years of such other period that is either agreed to by the applicant and town but shall not be for a period of any less than thirty (30) years from initial occupancy through a land lease through a land lease and/or deed restriction or prescribed by the federal or state or municipal subsidy program but shall not be for a period less than thirty (30) years from initial occupancy through land lease and/or deed restriction.
Moderate income household means a single person, family, or unrelated persons living together whose adjusted gross income is more than eighty (80) percent but less than one hundred twenty (120) percent of the area median income, adjusted for family size.
Municipal government subsidy means assistance that is made available through a city or town program sufficient to make housing affordable, as affordable is defined in this article; such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, and any combination of forms of assistance.
(Ch. 185, § 3, 1-17-06)
Sec. 7.5-39. - Eligibility.#
The provisions of this article shall apply to all major and minor subdivisions and major residential land development that qualify as comprehensive permit applications according to Rhode Island General Laws Chapter 45-53, titled Low and Moderate Income Housing, in the Town of Hopkinton.
(Ch. 185, § 4, 1-17-06)
Sec. 7.5-40. - Designation of units.#
The developer shall designate a minimum of twenty-five (25) percent of the total number of units in the land development project. This twenty-five (25) percent can be a combination of low and moderate income housing designated as such for a period of ninety-nine (99) years or such other period that is either agreed to by the applicant and town but shall not be for a period of less than thirty (30) years from initial occupancy through a land lease or deed restriction.
(Ch. 185, § 5, 1-17-06)
Sec. 7.5-41. - Low income housing.#
The planning board of the Town of Hopkinton may require the inclusion of low income housing units and/or provide a greater municipal subsidy when a development provides for low income housing. When considering the amount and/or type of subsidies granted by the planning board, they may consider, but not limited to the following factors: any unique developments constraints including but not limited to project size, project location, and site size; economic feasibility and the amount of low income housing being proposed. The town planner may provide a recommendation regarding the municipal subsidy based upon the above considerations.
(Ch. 185, § 6, 1-17-06)
Sec. 7.5-42. - Monitoring and compliance.#
Rhode Island Housing shall act as the monitoring agent for the Town of Hopkinton for the purpose of this article, its successors or assigns shall monitor the units designated as low and moderate income housing units to insure compliance with the affordability requirements of the land lease and/or deed restriction.
(Ch. 185, § 7, 1-17-06)
Sec. 7.5-43. - Selection of municipal government subsidy.#
The municipal government subsidy shall be a density bonus, where granted in accordance with the provisions of the zoning ordinance of the Town of Hopkinton, and/or a waiver if the building permit fee and/or a waiver of the impact fee on the affordable units.
(Ch. 185, § 8, 1-17-06)
Sec. 7.5-44. - Qualified program.#
The municipal government subsidy program adopted by this article qualifies for the establishment of low and moderate income housing under the Rhode Island Low and Moderate Income Housing Act established pursuant to Title 45, Chapter 53 of the General Laws of Rhode Island.
(Ch. 185, § 9, 1-17-06)