AN ACT RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING (Changes the residential limit for any substantial multi-family housing project not to exceed forty thousand (40,000) residents according to the United States Census Bureau.)

H7565

2026 -- H 7565
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LC004658
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

Introduced By:
Representatives Fellela, Fascia, Costantino, and Serpa

Date Introduced:
February 06, 2026

Referred To:
House Municipal Government & Housing
It is enacted by the General Assembly as follows:
1
SECTION 1. Sections 45-53-3 and 45-53-4 of the General Laws in Chapter 45-53 entitled
2
"Low and Moderate Income Housing" are hereby amended to read as follows:
3

45-53-3. Definitions. [Effective January 1, 2026, inclusive of existing language in § 45-
4
53-3.]
5
The following words, wherever used in this chapter, unless a different meaning clearly
6
appears from the context, have the following meanings:
7
(1) “Adjustment(s)” means a request or requests by the applicant to seek relief from the
8
literal use and dimensional requirements of the municipal zoning ordinance and/or the design
9
standards or requirements of the municipal land development and subdivision regulations. The
10
standard for the local review board’s consideration of adjustments is set forth in § 45-53-
11
4(e)(3)(iii)(E)(II).
12
(2) “Affordable housing plan” means a component of a housing element, as defined in §
13
45-22.2-4(1), that addresses low- and moderate-income housing needs in a city or town that is
14
prepared in accordance with guidelines adopted by the state planning council, and/or to meet the
15
provisions of § 45-53-4(f)(1) and (g).
16
(3) “Approved affordable housing plan” means an affordable housing plan that is part of
17
an approved and unexpired local comprehensive plan as provided for in § 45-22.2-8, § 45-22.2-9,
18
or § 45-22.2-12.
19
(4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city or

1
town pursuant to chapter 22.2 of this title.
2
(5) “Consistent with local needs” means reasonable in view of the state and local need for
3
low- and moderate-income housing, considered with
the impact to
the
total
number of
low-income

4
persons
residing
in the city or town affected and the need to protect the health and safety of the
5
occupants of the proposed housing
or

and
of the residents of the city or town,
to the impact on the
6
public school system, public transportation and public infrastructure in the city or town affected,
to
7
promote better site and building design in relation to the surroundings, or to preserve open spaces,
8
and if the local zoning or land use ordinances, requirements, and regulations are applied as equally
9
as possible to both subsidized and unsubsidized housing.
10
(6) “Infeasible” means any condition brought about by any single factor or combination of
11
factors, as a result of limitations imposed on the development by conditions attached to the approval
12
of the comprehensive permit, to the extent that it makes it financially or logistically impracticable
13
for any applicant to proceed in building or operating low- or moderate-income housing within the
14
limitations set by the subsidizing agency of government or local review board, on the size or
15
character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and
16
income permissible, and without substantially changing the rent levels and unit sizes proposed by
17
the applicant.
18
(7) “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage
19
finance corporation in accordance with § 42-55-5.3(a).
20
(8) “Local review board” means the local planning board or commission as defined by §
21
45-22.2-4.
22
(9) “Low- or moderate-income housing” shall be synonymous with “affordable housing”
23
as defined in § 42-128-8.1, and further means any type of housing whether built or operated by any
24
public agency or any nonprofit organization or by any limited equity housing cooperative or any
25
private developer, that is subsidized by a federal, state, or municipal government subsidy under any
26
program to assist the construction or rehabilitation of affordable housing and that will remain
27
affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other
28
period that is either agreed to by the applicant and town or prescribed by the federal, state, or
29
municipal government subsidy program but that is not less than thirty (30) years from initial
30
occupancy.
31
(i) Any housing unit that qualifies under this subsection (9) and under § 42-128-8.1 shall
32
be counted as one whole unit toward the municipality’s requirement for low- or moderate-income
33
housing.
34
(ii) Any mobile or manufactured home(s) that meet the requirements of § 42-128-

LC004658 - Page 2 of 17
1
8.1(d)(1)(ii) but are not subsidized by a federal, state, or municipal government subsidy and/or do
2
not have a deed restriction or land lease as described in this subsection (9), shall count as one-half
3
(½) of one unit for the purpose of the calculation of the total of low- or moderate-income year-
4
round housing within a city or town, as long as a municipality contracts with a monitoring agent to
5
verify that the requirements of § 42-128-8.1(d)(1)(ii) are met for these units. Such units shall not
6
be required to meet the income verification requirements of § 42-128-8.1. The monitoring agent
7
shall provide a listing of the eligible units to Rhode Island Housing, who shall provide a report as
8
to the qualifying mobile or manufactured homes under this subsection (9) to the governor, speaker
9
of the house of representatives, senate president, and secretary of housing on an annual basis,
10
beginning on or before December 31, 2025.
11
(iii) Low- or moderate-income housing also includes rental property located within a
12
municipality that is secured with a federal government rental assistance voucher.
13
(iv) For the period beginning on or after July 1, 2024, any housing unit that qualifies as
14
low- or moderate-income housing under this subsection (9) and under § 42-128-8.1 and any rental
15
property secured with a federal government rental assistance voucher that does not otherwise meet
16
the other requirements to qualify as low- or moderate-income housing under this section shall be
17
counted as one whole unit toward the municipality’s requirement for low- or moderate-income
18
housing, as long as a municipality confirms with the issuing authority that the voucher is in good
19
standing and active.
20
(10) “Monitoring agents” means those monitoring agents appointed by the executive office
21
of housing pursuant to § 45-53-3.2 and to provide the monitoring and oversight set forth in this
22
chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4.
23
(11) “Municipal government subsidy” means assistance that is made available through a
24
city or town program sufficient to make housing affordable, as affordable housing is defined in §
25
42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct
26
financial support, abatement of taxes, waiver of fees and charges, and density bonuses and/or
27
internal subsidies, zoning incentives, and adjustments as defined in this section and any
28
combination of forms of assistance.
29

(12) “Substantial multi-family housing project” means any application proposing to build
30
low- or moderate-income housing that exceeds sixty (60) units, inclusive of any density bonus
31
allowance under § 45-53-4, in any municipality with a population of forty thousand (40,000)
32
residents or less according to the United States Census Bureau.
33

45-53-4. Procedure for approval of construction of low- or moderate-income housing.
34
[Effective January 1, 2026, inclusive of existing language in § 45-53-4.]

LC004658 - Page 3 of 17
1
(a)
(1) Excluding any application for a substantial multi-family housing project, any

Any

2
applicant proposing to build low- or moderate-income housing may submit to the local review
3
board a single application for a comprehensive permit to build that housing in lieu of separate
4
applications to the applicable local boards. This procedure is only available for proposals in which
5
at least twenty-five percent (25%) of the housing is low- or moderate-income housing. This
6
procedure is not available in cities and towns that have low- or moderate-income housing in excess
7
of ten percent (10%) of its year-round housing units which also have an inclusionary zoning
8
ordinance which complies with § 45-24-46.1.
9

(2) Any applicant proposing to build a substantial multi-family housing project shall submit
10
separate applications to the applicable local boards who shall hear testimony and make findings
11
that the project is consistent with local needs.
12
(b) Cities and towns that have low- or moderate-income housing in excess of ten percent
13
(10%) of its year-round housing units:
14
(1) May provide an applicant with more dwelling units than allowed by right under its
15
zoning ordinance in the form of a density bonus to allow an increase in the allowed dwelling units
16
per acre (DU/A), as well as other incentives and municipal government subsidies as defined in §
17
45-53-3;
18
(2) May, by council action, limit the annual total number of dwelling units in
19
comprehensive permit applications from for-profit developers to an aggregate of one percent (1%)
20
of the total number of year-round housing units in the town, and notwithstanding the timetables set
21
forth elsewhere in this section, the local review board shall have the authority to consider
22
comprehensive permit applications from for-profit developers, which are made pursuant to this
23
subsection, sequentially in the order in which they are submitted.
24
(c) Cities and towns that do not have low- or moderate-income housing in excess of ten
25
percent (10%) of its year-round housing units:
26
(1) Shall make available to applications under this chapter municipal government
27
subsidies, including adjustments and zoning incentives, to offset the differential costs of the low-
28
or moderate-incoming housing units. At a minimum, the following zoning incentives shall be
29
allowed for in these cities or towns for projects submitted under this chapter:
30
(A) Density bonuses. These cities and towns shall provide an applicant with more dwelling
31
units than allowed by right under its zoning ordinances in the form of a density bonus to allow an
32
increase in the allowed dwelling units per acre (DU/A). At a minimum, the following density
33
bonuses for projects submitted under this chapter, provided that the total land utilized in the density
34
calculation shall exclude wetlands; area devoted to roadway infrastructure necessary for

LC004658 - Page 4 of 17
1
development; and easements or rights of way of record:
2
(i) For properties connected to public sewer and water, or eligible to be connected to public
3
sewer and water based on written confirmation from each respective service provider, the density
4
bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income
5
housing shall be at least five (5) units per acre;
6
(ii) For properties connected to public sewer and water, or eligible to be connected to public
7
sewer and water based on written confirmation from each respective service provider, the density
8
bonus for a project that provides at least fifty percent (50%) low- and moderate-income housing
9
shall be at least nine (9) units per acre;
10
(iii) For properties connected to public sewer and water, or eligible to be connected to
11
public sewer and water based on written confirmation from each respective service provider, the
12
density bonus for a project that provides one hundred percent (100%) low- and moderate-income
13
housing shall be at least twelve (12) units per acre;
14
(iv) For properties not connected to either public water or sewer or both, but which provide
15
competent evidence as to the availability of water to service the development and/or a permit for
16
on-site wastewater treatment facilities to service the dwelling units from the applicable state
17
agency, the density bonus for a project that provides at least twenty-five percent (25%) low- and
18
moderate-income housing shall be at least three (3) units per acre;
19
(v) For properties not connected to either public water or sewer or both, but which provide
20
competent evidence as to the availability of water to service the development and/or a permit for
21
on-site wastewater treatment facilities to service the dwelling units from the applicable state
22
agency, the density bonus for a project that provides at least fifty percent (50%) low- and moderate-
23
income housing shall be at least five (5) units per acre;
24
(vi) For properties not connected to either public water or sewer or both, but which provide
25
competent evidence as to the availability of water to service the development and/or a permit for
26
on-site wastewater treatment facilities to service the dwelling units from the applicable state
27
agency, the density bonus for a project that provides one hundred percent (100%) low- and
28
moderate-income housing shall be at least eight (8) units per acre;
29
(B) Parking. A municipality shall not require more than one off-street parking space per
30
dwelling unit for units up to and including two (2) bedrooms in applications submitted under this
31
chapter;
32
(C) Bedrooms. A municipality shall not limit the number of bedrooms for applications
33
submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single-
34
family dwelling units;

LC004658 - Page 5 of 17
1
(D) Floor area. A municipality shall not utilize floor area requirements to limit any
2
application, except as provided by § 45-24.3-11.
3
(d) A municipality shall not restrict comprehensive permit applications and permits by any
4
locally adopted ordinance or policy that places a limit or moratorium on the development of
5
residential units.
6
(e) The application and review process for a comprehensive permit shall be as follows:
7
(1) Pre-application conference.
8

(i) Excluding an application for a substantial multi-family housing project, a

A

9
municipality may require an applicant proposing a project under this chapter, who is not electing
10
to have master plan review, to complete, or the applicant proposing a project under this chapter
11
may request a pre-application conference with the local review board, the technical review
12
committee established pursuant to § 45-23-56, or with the administrative officer for the local review
13
board as appropriate. In advance of a pre-application conference, the applicant shall be required to
14
submit only a short description of the project in writing including the number of units, type of
15
housing, density analysis, preliminary list of adjustments needed, as well as a location map, and
16
conceptual site plan. The purpose of the pre-application conference shall be to review a concept
17
plan of the proposed development and to elicit feedback from the reviewing person or board. Upon
18
receipt of a request by an applicant for a pre-application conference, the municipality shall have
19
thirty (30) days to schedule and hold the pre-application conference, unless a different timeframe
20
is agreed to by the applicant in writing. If thirty (30) days has elapsed from the filing of the pre-
21
application submission and no pre-application conference has taken place, nothing shall be deemed
22
to preclude an applicant from thereafter filing and proceeding with an application for preliminary
23
plan review for a comprehensive permit.
24

(ii) For any application for a substantial multi-family housing project, a municipality shall
25
require an applicant proposing such project to seek a pre-application conference with the local
26
review board, the technical review committee established pursuant to § 45-23-56, or with the
27
administrative officer for the local review board as appropriate. In advance if a pre-application
28
conference, the applicant shall be required to submit a description of the project in writing including
29
the number of units, type of housing, density analysis, preliminary list of adjustments needed, as
30
well as a location map, and conceptual site plan. The purpose of the pre-application conference
31
shall be to review a concept plan of the proposed development and to elicit feedback from the
32
reviewing person or board. Upon receipt of a request by an applicant for a pre-application
33
conference, the municipality shall have thirty (30) days to schedule and hold the pre-application
34
conference, unless a different timeframe is agreed to by the applicant in writing. If thirty (30) days

LC004658 - Page 6 of 17
1
has elapsed from the filing of the pe-application submission and no pre-application conference has
2
taken place, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding
3
with an application for preliminary plan review for said project.
4
(2) Optional master plan. An applicant may elect to apply for and be heard on master plan
5
review prior to preliminary plan submission. If a master plan review is elected by the applicant the
6
following shall apply:
7
(i) Submission requirements. Submission requirements for master plan review shall be
8
limited to the following:
9
(A) An application form and fee;
10
(B) A short description of the project in writing including the number of units, type of
11
housing, density analysis, list of adjustments needed, as well as a location map, and preliminary
12
determinations as to site constraints;
13
(C) Conceptual site plans showing infrastructure locations for roadways, preliminary
14
locations and design of conceptual stormwater facilities, location of sewer and water lines and/or
15
wells and on-site wastewater treatment systems, locations of housing units, estimated locations of
16
site constraints and wetlands;
17
(D) A preliminary traffic opinion for projects of over thirty (30) dwelling units;
18
(E) A letter of eligibility issued by the Rhode Island housing and mortgage finance
19
corporation, or in the case of projects primarily funded by the U.S. Department of Housing and
20
Urban Development or other state or federal agencies, an award letter indicating the subsidy, or
21
application in such form as may be prescribed for a municipal government subsidy;
22
(F) If the applicant submits any requests for adjustments at master plan, a public hearing
23
shall be held in the same manner as during preliminary plan review as set forth in this section and
24
the applicant shall be responsible for providing the list of abutters and all advertising costs.
25

(G) Provided however, the submission requirements set forth above, for an application for
26
a substantial multi-family housing project, the local review board shall also require the applicant to
27
provide documentation that the project is consistent with local need.
28
(ii) Certification of completeness. The master plan application must be certified complete
29
or incomplete by the administrative officer according to the provisions of § 45-23-36; provided,
30
however, that the certificate shall be granted within twenty-five (25) days of submission of the
31
application. The running of the time period set forth herein will be deemed stopped upon the
32
issuance of a written certificate of incompleteness of the application by the administrative officer
33
and will recommence upon the resubmission of a corrected application by the applicant. However,
34
in no event will the administrative officer be required to certify a corrected submission as complete

LC004658 - Page 7 of 17
1
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies
2
the application as incomplete, the officer shall set forth in writing with specificity the missing or
3
incomplete items.
4
(iii) Review of applications. A master plan application filed in accordance with this chapter
5
shall be reviewed in accordance with the following provisions:
6
(A) Timeframe for review. The local review board shall render a decision on the master
7
plan application within sixty (60) days of the date the application is certified complete, or within a
8
further amount of time that may be consented to by the applicant through the submission of a
9
written consent.
10
(B) Failure to act. Failure of the local review board to act within the prescribed period
11
constitutes approval of the master plan, and a certificate of the administrative officer as to the failure
12
of the local review board to act within the required time and the resulting approval shall be issued
13
on request of the applicant.
14
(C) Required findings. In voting on an application, the local review board shall make
15
findings, supported by legally competent evidence on the record that discloses the nature and
16
character of the observations upon which the fact finders acted, on the standards required for
17
preliminary plan review in this section, to the extent applicable at the master plan. The failure to
18
provide information which is required later at preliminary plan review shall not form a basis for
19
denial. If the board votes to defer a finding to preliminary plan it shall do so on the record during
20
the proceedings and in the written decision and specify what items are necessary for review at the
21
preliminary plan stage in order to address that finding.
22
(iv) Vesting. The approved master plan is vested for a period of two (2) years with the
23
right to extend for two (2), one-year extensions upon written request by the applicant, who must
24
appear before the planning board for each annual review. Thereafter, vesting may be extended for
25
a longer period, for good cause shown, if requested, in writing by the applicant, and approved by
26
the local review board. The vesting for the master plan approval includes all ordinance provisions
27
and regulations at the time of the approval, general and specific conditions shown on the approved
28
master plan drawings and supporting material.
29
(3)
Preliminary plan review.
30
(i) Submission requirements. Applications for preliminary plan review under this chapter
31
shall include:
32
(A) Unless already submitted at a master plan stage, a letter of eligibility issued by the
33
Rhode Island housing and mortgage finance corporation, or in the case of projects primarily funded
34
by the U.S. Department of Housing and Urban Development or other state or federal agencies, an

LC004658 - Page 8 of 17
1
award letter indicating the subsidy, or application in such form as may be prescribed for a municipal
2
government subsidy; and
3
(B) A letter signed by the authorized representative of the applicant, setting forth the
4
specific sections and provisions of applicable local ordinances and regulations from which the
5
applicant is seeking adjustments; and
6
(C) A proposed timetable for the commencement of construction and completion of the
7
project; and
8
(D) Those items required by local regulations promulgated pursuant to applicable state law,
9
with the exception of evidence of state or federal permits; and for comprehensive permit
10
applications included in the checklist for the preliminary plan review in the local regulations
11
promulgated pursuant to chapter 23 of this title; and
12
(E) Notwithstanding the submission requirements set forth above, the local review board
13
may request additional, reasonable documentation throughout the public hearing, including, but not
14
limited to, opinions of experts, credible evidence of application for necessary federal and/or state
15
permits, statements and advice from other local boards and officials.
16
(ii) Certification of completeness. The preliminary plan application must be certified
17
complete or incomplete by the administrative officer according to the provisions of § 45-23-36;
18
provided, however, that the certificate shall be granted within twenty-five (25) days of submission
19
of the application. The running of the time period set forth herein will be deemed stopped upon the
20
issuance of a written certificate of incompleteness of the application by the administrative officer
21
and will recommence upon the resubmission of a corrected application by the applicant. However,
22
in no event will the administrative officer be required to certify a corrected submission as complete
23
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies
24
the application as incomplete, the officer shall set forth in writing with specificity the missing or
25
incomplete items.
26
(iii) Review of applications. An application filed in accordance with this chapter shall be
27
reviewed in accordance with the following provisions:
28
(A) Public hearing. A public hearing shall be noticed and held as soon as practicable after
29
the issuance of a certificate of completeness.
30
(B) Notice. Public notice for the public hearing will be the same notice required under local
31
regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42.
32
The cost of notice shall be paid by the applicant.
33
(C) Timeframe for review. The local review board shall render a decision on the
34
preliminary plan application within ninety (90) days of the date the application is certified

LC004658 - Page 9 of 17
1
complete, or within a further amount of time that may be consented to by the applicant through the
2
submission of a written consent.
3
(D) Failure to act. Failure of the local review board to act within the prescribed period
4
constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the
5
failure of the local review board to act within the required time and the resulting approval shall be
6
issued on request of the applicant. Further, if the public hearing is not convened or a decision is not
7
rendered within the time allowed in subsections (e)(3)(iii)(A) and (e)(3)(iii)(C) of this section, the
8
application is deemed to have been allowed and the preliminary plan approval shall be issued
9
immediately.
10
(E) Required findings. In voting on an application, the local review board shall make
11
findings, supported by legally competent evidence on the record that discloses the nature and
12
character of the observations upon which the fact finders acted, on each of the following standards,
13
where applicable:
14
(I) Whether the proposed development is consistent with local needs as identified in the
15
community’s affordable housing plan and/or has satisfactorily addressed the issues where there
16
may be inconsistencies. If the local board finds that the proposed development is inconsistent with
17
the community’s affordable housing plan, it must also find that the municipality has made
18
significant progress in implementing its housing plan.
19
(II) Whether the proposed development is in compliance with the standards and provisions
20
of the municipality’s zoning ordinance and subdivision regulations, and/or where adjustments are
21
requested by the applicant, whether local concerns that have been affected by the relief granted do
22
not outweigh the state and local need for low- and moderate-income housing. For cities and towns
23
that have low- or moderate-income housing in excess of ten percent (10%) of its year-round housing
24
units, where adjustments are requested, in addition to the above-showing, the proposed
25
development must show it has mitigated any impact of the proposed development on the general
26
character of the surrounding area.
27
(III) Whether the low- and moderate-income housing units proposed are integrated
28
throughout the development; are compatible in scale, meaning that: (1) The size of the low- and
29
moderate-income units shall not be less than seventy-five percent (75%) of the size of the market
30
rate units, unless otherwise allowed by the local board; (2) The affordable units are of similar
31
architectural style to the market rate units within the project so that the exterior of the units look
32
like an integrated neighborhood with similar rooflines, window patterns, materials and colors; and
33
(3) The affordable units will be built and occupied in a proportional manner with the construction
34
and occupancy of the market rate units. Except that for housing units that are intended to be

LC004658 - Page 10 of 17
1
occupied by persons fifty-five (55) years of age or older, or sixty-two (62) years of age or older, as
2
permitted by the federal Fair Housing Act pursuant to 42 U.S.C. § 3607(b) and 24 C.F.R. §§
3
100.300-308 and the Rhode Island fair housing practices act pursuant to § 34-37-4.1, such units
4
need not be integrated in any building or phase within the development that contains housing units
5
that are not age-restricted, and neither age-restricted housing units nor any building or phase
6
containing age-restricted housing units must be compatible in scale and architectural style to other
7
housing unit types to the extent the age-restricted housing units are designed to meet the physical
8
or social needs of older persons or necessary to provide housing opportunities for older persons.
9
(IV) Whether there will be significant negative impacts on
the local needs including, but
10
not limited to, the public school system, public transportation, and public infrastructure in a
11
community,
the health and safety of current or future residents of the community, in areas
12
including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of
13
emergency services, sewerage disposal, availability of potable water, adequate surface water run-
14
off, and the preservation of natural, historical, or cultural features.
15
(V) Whether the proposed land developments or subdivisions lots will have adequate and
16
permanent physical access to a public street in accordance with the requirements of § 45-23-
17
60(a)(5), or the local review board has approved other access, such as a private road.
18
(VI) Whether the proposed development will result in the creation of individual lots with
19
any physical constraints to development that building on those lots according to pertinent
20
regulations and building standards would be impracticable, unless created only as permanent open
21
space or permanently reserved for a public purpose on the approved, recorded plans.
22
(F) [Deleted by P.L. 2025, ch. 363, § 1 and P.L. 2025, ch. 364, § 1.]
23
(iv) Vesting. The approved preliminary plan is vested for a period of two (2) years with the
24
right to extend for two (2), one-year extensions upon written request by the applicant, who must
25
appear before the planning board for each annual review and provide proof of valid state or federal
26
permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause
27
shown, if requested, in writing by the applicant, and approved by the local review board. The
28
vesting for the preliminary plan approval includes all ordinance provisions and regulations at the
29
time of the approval, general and specific conditions shown on the approved preliminary plan
30
drawings and supporting material.
31
(4) Final plan review.
Excluding an application for a substantial multi-family housing
32
project, the

The
second and final stage of review for the comprehensive permit project shall be
33
done administratively, unless an applicant has requested and been granted any waivers from the
34
submission of checklist items for preliminary plan review, and then, at the local review board’s

LC004658 - Page 11 of 17
1
discretion, it may vote to require the applicant to return for final plan review and approval.
All
2
applications for a substantial multi-family housing project shall require the applicant to return for
3
final plan review and approval.
4
(i) Submission requirements. Applications for final plan review under this chapter shall
5
include:
6
(A) All required state and federal permits must be obtained prior to the final plan approval
7
or the issuance of a building permit; and
8
(B) A draft monitoring agreement which identifies an approved entity that will monitor the
9
long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and
10
(C) A sample land lease or deed restriction with affordability liens that will restrict use as
11
low- and moderate-income housing in conformance with the guidelines of the agency providing
12
the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30)
13
years; and
14
(D) Those items required by local regulations promulgated pursuant to applicable state law
15
included in the checklist for final plan review in the local regulations promulgated pursuant to
16
chapter 23 of this title, including, but not limited to:
17
(I) Arrangements for completion of the required public improvements, including
18
construction schedule and/or financial guarantees; and
19
(II) Certification by the tax collector that all property taxes are current; and
20
(III) For phased projects, the final plan for phases following the first phase, shall be
21
accompanied by copies of as-built drawings not previously submitted of all existing public
22
improvements for prior phases.
23
(ii) Certification of completeness. The final plan application must be certified complete or
24
incomplete by the administrative officer according to the provisions of § 45-23-36; provided
25
however, that the certificate shall be granted within twenty-five (25) days of submission of the
26
application. The running of the time period set forth herein will be deemed stopped upon the
27
issuance of a written certificate of incompleteness of the application by the administrative officer
28
and will recommence upon the resubmission of a corrected application by the applicant. However,
29
in no event will the administrative officer be required to certify a corrected submission as complete
30
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies
31
the application as incomplete, the officer shall set forth in writing with specificity the missing or
32
incomplete items.
33
(iii)
Review of applications.
34
(A) Timeframe for review. The reviewing authority shall render a decision on the final plan

LC004658 - Page 12 of 17
1
application within forty-five (45) days of the date the application is certified complete.
2
(B)
Modifications and changes to plans:
3
(I)
Excluding an application for a substantial multi-family housing project, minor

Minor

4
changes, as defined in the local regulations, to the approved plans may be approved
5
administratively, by the administrative officer. The changes may be authorized without additional
6
public hearings, at the discretion of the administrative officer. All changes shall be made part of
7
the permanent record of the project application. This provision does not prohibit the administrative
8
officer from requesting a recommendation from either the technical review committee or the local
9
review board. Denial of the proposed change(s) shall be referred to the local review board for
10
review as a major change.
11
(II)
Minor changes, as defined in the local regulations, for any substantial multi-family
12
housing project and all major

Major
changes, as defined in the local regulations, to the plans may
13
be approved only by the local review board and must follow the same review and public hearing
14
process required for approval of preliminary plans as described in subsection (e)(3)(iii) of this
15
section.
16
(III) The administrative officer shall notify the applicant in writing within fourteen (14)
17
days of submission of the final plan application if the administrative officer is referring the
18
application to the local review board under this subsection.
19
(C) Decision on final plan. An application filed in accordance with this chapter shall be
20
approved by the administrative officer unless such application does not satisfy conditions set forth
21
in the preliminary plan approval decision or such application does not have the requisite state and/or
22
federal approvals or other required submissions, does not post the required improvement bonds, or
23
such application is a major modification of the plans approved at preliminary plan.
24
(D) Failure to act.
Excluding an application for a substantial multi-family housing project,
25
failure

Failure
of the reviewing authority to act within the prescribed period constitutes approval
26
of the final plan, and a certificate of the administrative officer as to the failure to act within the
27
required time and the resulting approval shall be issued on request of the applicant.
28
(iv) Vesting. The approved final plan decision is vested for a period of two (2) years with
29
the right to extend for one one-year extension upon written request by the applicant, who must
30
appear before the planning board for the extension request, unless, within that period, the plat or
31
plan has been submitted for signature and recording as specified in § 45-23-64. Thereafter, vesting
32
may be extended for a longer period, for good cause shown, if requested, in writing by the applicant,
33
and approved by the local review board.
34
(5) Infeasibility of conditions of approval. The burden is on the applicant to show, by

LC004658 - Page 13 of 17
1
competent evidence before the local review board, that proposed conditions of approval are
2
infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable
3
opportunity to respond to such proposed conditions prior to a final vote on the application.
4
(6) Fees. Municipalities may impose fees on comprehensive permit applications that are
5
consistent with but do not exceed fees that would otherwise be assessed for a project of the same
6
scope and type, but not proceeding under this chapter; provided, however, the imposition of such
7
fees shall not preclude a showing by an applicant that the fees make the project financially
8
infeasible.
9
(7) Recording of written decisions. All written decisions on applications under this chapter
10
shall be recorded in the land evidence records within twenty (20) days after the local review board’s
11
vote or the administrative officer’s decision, as applicable. A copy of the recorded decision shall
12
be mailed within one business day of recording, by any method that provides confirmation of
13
receipt, to the applicant and to any objector who has filed a written request for notice with the
14
administrative officer.
15
(8) Local review board powers. The local review board has the same power to issue permits
16
or approvals that any local board or official who would otherwise act with respect to the application,
17
including, but not limited to, the power to attach to the permit or approval, conditions, and
18
requirements with respect to height, site plan, size or shape, or building materials, as are consistent
19
with the terms of this section.
20
(9) Majority vote required.
21

(i) Excluding an application for a substantial multi-family housing project, all

All
local
22
review board decisions on comprehensive permits shall be by majority vote of the members present
23
at the proceeding.
24

(ii) All local review board decisions on an application for a substantial multi-family
25
housing project shall be by a majority vote of the entire board.
26
(10) Construction timetable. A comprehensive permit shall expire unless construction is
27
started within twelve (12) months and completed within sixty (60) months of the recording of the
28
final plan unless a longer and/or phased period for development is agreed to by the local review
29
board and the applicant. Low- and moderate-income housing units shall be built and occupied prior
30
to, or simultaneous with the construction and occupancy of market rate units.
31
(11) [Deleted by P.L. 2025, ch. 363, § 2 and P.L. 2025, ch. 364, § 2.]
32
(12) Report. The local review board of a town with an approved affordable housing plan
33
shall report the status of implementation to the housing resources commission, including the
34
disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006,

LC004658 - Page 14 of 17
1
and for each June 30 thereafter by September 1 through 2010. The housing resources commission
2
shall prepare by October 15 and adopt by December 31, a report on the status of implementation,
3
which shall be submitted to the governor, the speaker and the president of the senate, and shall find
4
which towns are not in compliance with implementation requirements.
5
(13) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on
6
February 13, 2004, a local review board shall commence hearings within thirty (30) days of
7
receiving an application remanded pursuant to § 45-53-5 or, effective January 1, 2024, § 45-53-
8
5.1. In any town with more than one remanded application, applications may be scheduled for
9
hearing in the order in which they were received, and may be taken up sequentially, with the thirty-
10
day (30) requirement for the initiation of hearings, commencing upon the decision of the earlier
11
filed application.
12
(f)(1) The general assembly finds and declares that in January 2004 towns throughout
13
Rhode Island have been confronted by an unprecedented volume and complexity of development
14
applications as a result of private for-profit developers using the provisions of this chapter and that
15
in order to protect the public health and welfare in communities and to provide sufficient time to
16
establish a reasonable and orderly process for the consideration of applications made under the
17
provisions of this chapter, and to have communities prepare plans to meet low- and moderate-
18
income housing goals, that it is necessary to impose a moratorium on the use of comprehensive
19
permit applications as herein provided by private for-profit developers; a moratorium is hereby
20
imposed on the use of the provisions of this chapter by private for-profit developers, which
21
moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited
22
prior to expiration and extended to such other date as may be established by law. Notwithstanding
23
the provisions of subsection (a) of this section, private for-profit developers may not utilize the
24
procedure of this chapter until the expiration of the moratorium.
25
(2) No for-profit developer shall submit a new application for comprehensive permits until
26
July 1, 2005, except by mutual agreement with the local review board.
27
(3) Notwithstanding the provisions of subsection (f)(2) of this section, a local review board
28
in a town which has submitted a plan in accordance with subsection (g) of this section, shall not be
29
required to accept an application for a new comprehensive permit from a for-profit developer until
30
October 1, 2005.
31
(g) Towns and cities that are not in conformity with the provisions of § 45-53-3(5)(i) shall
32
prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-
33
income housing as specified by § 45-53-3(5)(ii), consistent with applicable law and regulation.
34
That the secretary of the planning board or commission of each city or town subject to the

LC004658 - Page 15 of 17
1
requirements of this paragraph shall report in writing the status of the preparation of the housing
2
element for low- and moderate-income housing on or before June 30, 2004, and on or before
3
December 31, 2004, to the secretary of the state planning council, to the chair of the house
4
committee on corporations and to the chair of the senate committee on commerce, housing and
5
municipal government.
6
(h) If any provision of this section or the application thereof shall for any reason be judged
7
invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any
8
other provision of this chapter, but shall be confined in its effect to the provision or application
9
directly involved in the controversy giving rise to the judgment, and a moratorium on the
10
applications of for-profit developers pursuant to this chapter shall remain and continue to be in
11
effect for the period commencing on the day this section becomes law [February 13, 2004] and
12
continue until it shall expire on January 31, 2005, or until amended further.
13
(i) In planning for, awarding, and otherwise administering programs and funds for housing
14
and for community development, state departments, agencies, boards and commissions, and public
15
corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of
16
§ 45-53-3(5)(ii), give priority to the maximum extent allowable by law to towns with an approved
17
affordable housing plan. The director of administration shall adopt not later than January 31, 2005,
18
regulations to implement the provisions of this section.
19
(j) Multi-family rental units built under a comprehensive permit may be calculated towards
20
meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long
21
as the units meet and are in compliance with the provisions of § 45-53-3.1.
22
SECTION 2. This act shall take effect upon passage.
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LC004658 - Page 16 of 17
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING
***
1
This act would change the residential limit for any substantial multi-family housing project
2
not to exceed forty thousand (40,000) residents according to the United States Census Bureau.
3
This act would take effect upon passage.
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LC004658
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LC004658 - Page 17 of 17