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2013 -- S 0908 SUBSTITUTE A | |
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LC02507/SUB A | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO TOWNS AND CITIES - ZONING ORDINANCES | |
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Introduced By: Senators Bates, Hodgson, Sosnowski, E O`Neill, and Cool Rumsey | |
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Date Introduced: May 02, 2013 | |
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Referred To: Senate Housing & Municipal Government | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 45-24-46.1 of the General Laws in Chapter 45-24 entitled "Zoning |
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Ordinances" is hereby amended to read as follows: |
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45-24-46.1. |
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requirements – Fees – In – Lieu of construction and provision of affordable housing. – (a) A |
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zoning ordinance requiring the inclusion of affordable housing as part of a development shall |
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provide that the housing will be affordable housing, as defined in section 42-128-8.1(d)(1), that |
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the affordable housing will constitute not less than ten percent (10%) of the total units in the |
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development, and that the units will remain affordable for a period of not less than thirty (30) |
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years from initial occupancy enforced through a land lease and/or deed restriction enforceable by |
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the municipality and the state of Rhode Island. |
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(b) A zoning ordinance which includes inclusionary zoning may provide that the |
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affordable housing must be built on-site or utilize one or more alternative methods of production, |
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including, but not limited to, off-site construction or rehabilitation, donation of land suitable for |
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development of the required affordable units, and/or the payment of a fee-in-lieu of the |
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construction or provision of affordable housing units. For projects utilizing any of the alternative |
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method or methods, the density bonus and all other incentives shall continue to apply. |
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(c) The fee-in-lieu of the construction or provision of affordable housing shall be the |
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choice of the developer or builder applied on a per-unit basis and may be used for new |
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developments, purchasing property and/or homes, rehabilitating properties, or any other manner |
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in which creates additional low or moderate income housing as defined in 45-53-3(9). |
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(i) For affordable single family homes and condominium units, the per-unit fee shall be |
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the difference between the maximum affordable sales price for a family of four earning 80% of |
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the Area Median Income as determined annually by the U.S. Department of Housing and Urban |
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Development and the average cost of developing a single unit of affordable housing. The average |
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cost of developing a single unit of affordable housing shall be determined annually based on the |
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average per-unit development cost of affordable homes financed by Rhode Island Housing over |
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the previous three years, excluding existing units which received preservation financing. |
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(ii) Notwithstanding section (c)(i) above, in no case shall the per-unit fee for affordable |
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single family homes and condominium units be less than $40,000. |
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(d) The municipality shall deposit all in-lieu payments into restricted accounts, which |
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shall be allocated and spent only for the creation and development of affordable housing within |
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the municipality serving individuals or families at or below eighty percent (80%) of the area |
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median income. The municipality shall maintain a local affordable housing board to oversee the |
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funds in the restricted accounts and is encouraged to allocate the funds within five (5) years. The |
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municipality shall include in the housing element of their local comprehensive plan, if applicable, |
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the process they will use to allocate the funds. |
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(e) As an alternative to the provisions of subsection (d), the municipality may elect to |
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transfer in-lieu payments promptly upon receipt or within the five (5) year period after receipt to |
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the housing resources commission or Rhode Island housing and mortgage finance corporation for |
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the purpose of developing affordable housing within that community. |
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SECTION 2. This act shall take effect upon passage, and it shall expire on December 31, |
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2014. |
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LC02507/SUB A | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO TOWNS AND CITIES - ZONING ORDINANCES | |
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This act would allow inclusionary zoning ordinances to provide that affordable housing |
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must be built on-site or, in the alternative, be produced off-site, by donation and/or by the |
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payment of a fee-in-lieu of the construction or provision of affordable housing units. |
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This act would take effect upon passage, and would expire on December 31, 2014. |
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LC02507/SUB A | |
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