2023 -- H 5938

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LC001433

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     Introduced By: Representatives Henries, Morales, Sanchez, Stewart, Alzate, and Felix

     Date Introduced: March 01, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

amended by adding thereto the following chapter:

CHAPTER 24.7

OPENING THE MARKET FOR HOUSING IN URBAN AREAS

     45-24.7-1. Legislative purpose.

     The rezoning of areas formerly zoned as single-family would expand the supply of

affordable housing in urban areas, reduce homelessness, and allow Rhode Island residents to access

essential services more easily. It would also create the development of middle housing within areas

formerly zoned as single-family areas and reduce the use of automobiles.

     45-24.7-2. Short title.

     This act shall be known and may be cited as the "Opening the Market for Housing in Urban

Areas Act of 2023."

     45-24.7-3. Definitions.

     As used in this chapter, the following words and phrases shall have the following meanings:

     (1) "Cottage clusters" means groupings of no fewer than four (4) detached housing units

per acre with a footprint of less than nine hundred square feet (900 sq. ft.) each and that include a

common courtyard.

     (2) "Middle housing" means duplexes, triplexes, quadplexes, cottage clusters and

townhouses.

     (3) "Townhouse" means a dwelling unit constructed in a row of two (2) or more attached

units, where each dwelling unit is located on an individual lot or parcel and shares at least one

common wall with an adjacent unit.

     (4) "Urban growth boundary" means and refers to rules that designate what areas can and

cannot be developed around a city center.

     45-24.7-4. Middle housing allowed.

     (a) Except as provided in subsection (c) of this section, each municipality with a population

of twenty-thousand (20,000) or more, shall allow the development of:

     (1) All middle housing types in areas zoned for residential use that allow for the

development of detached single-family dwellings; and

     (2) A duplex on each lot or parcel zoned for residential use that allows for development of

detached single-family dwellings.

     (b) This section does not prohibit a local governing body from allowing other types of

middle housing in addition to duplexes.

     (c) This section does not apply to municipalities with a population of less than twenty-

thousand (20,000); lands not within an urban services area; lands not zoned for residential use,

including lands primarily zoned as commercial, industrial, or agricultural; lands used for public

uses or lands zoned under an interim zoning designation that maintains the land's potential for

planned urban development.

     (d) Local governing bodies may regulate siting and design of middle housing required to

be permitted under this section; provided that, regulations do not, individually or cumulatively,

discourage the development of all middle housing types permitted in the area through unreasonable

costs or delay. Local governing bodies may regulate middle housing to comply with protective

measures adopted pursuant to statewide land use planning goals and the municipalities'

comprehensive plan.

     (e) This section does not prohibit local governing bodies from permitting:

     (1) Single-family dwellings in areas zoned to allow for single-family dwellings; or

     (2) Middle housing in areas not required under this section.

     45-24.7-5. Compliance.

     (a) Notwithstanding any other provisions contained in this chapter, a local governing body

shall adopt land use regulations or amend its comprehensive plan to implement § 45-24.7-6 no later

than June 30, 2024 for each of those municipalities with a population of more than twenty thousand

(20,000).

     (b) The state building code standards committee shall develop a model middle housing

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ordinance no later than December 31, 2023.

     (c) Any local governing body that has not adopted land use regulations or amended its

comprehensive plan by the dates contained in this section shall directly apply the model ordinance

developed by the state building code standards committee until it adopts the regulations or amends

its comprehensive plan as required by this section.

     (d) In adopting regulations or amending a comprehensive plan under this section, a local

governing body shall consider ways to increase the affordability of middle housing by considering

ordinances and policies that include, but are not limited to:

     (1) Waiving or deferring system development charges;

     (2) Adopting or amending criteria for property tax exemptions under § 44-5-12 and §§ 44-

5-13.1 through 44-5-13.39; and

     (3) Assessing a construction tax.

     (e) When a local governing body makes a legislative decision to amend its comprehensive

plan or land use regulations to allow middle housing areas zoned for residential use that allow for

detached single-family dwellings, the local governing body is not required to consider whether the

amendments significantly affect an existing or planned transportation facility.

     45-24.7-6. Relief from compliance.

     (a) Notwithstanding the provisions of § 45-24.7-5, the state building code standards

committee may grant an extension of the time allowed to adopt land use regulations or amendments

to comprehensive plans.

     (b) A municipality may apply for an extension only to specific areas where the local

governing body has identified water, sewer, storm drainage, or transportation services that are

either significantly deficient or are expected to be significantly deficient before December 31, 2025,

and for which the local governing body has established a plan of action that will remedy the

deficiency in those services that is approved by the state building code standards committee. Any

extension granted shall not extend beyond the date that the local governing body intends to correct

the deficiency under the plan.

     (c) In areas where the extension under this section does not apply, the local governing body

shall apply its own land use regulations as adopted pursuant to this section or apply the model

ordinance adopted by the state building code standards committee.

     (d) Any local governing body requesting an extension shall apply for the extension at least

six (6) months prior to the expiration of the dates of compliance set out in § 45-24.7-5.

     (e) The state building code standards committee shall provide a decision on the request for

extension within ninety (90) days of receipt of the request.

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     (f) The state building code standards committee shall adopt rules and regulations regarding

the form and substance of any application for an extension. The rules and regulations shall include,

but not be limited to:

     (1) Defining affected areas;

     (2) Calculating deficiencies of water, sewer, storm drainage or transportation facilities;

     (3) Service deficiency levels required to qualify for the extension;

     (4) The components and timing of a remediation plan necessary to qualify for an extension;

     (5) Standards for evaluating applications; and

     (6) Establishing deadlines and components for the approval of a plan of action.

     SECTION 2. Sections 45-22.2-6 and 45-22.2-12 of the General Laws in Chapter 45-22.2

entitled "Rhode Island Comprehensive Planning and Land Use Act" are hereby amended to read as

follows:

     45-22.2-6. Required content of a comprehensive plan.

     (a) The comprehensive plan must utilize a minimum twenty (20) year planning timeframe

in considering forecasts, goals, and policies.

     (b) The comprehensive plan must be internally consistent in its policies, forecasts, and

standards, and shall include the content described within this section. The content described in

subdivisions (1) through (10) may be organized and presented as deemed suitable and appropriate

by the municipality. The content described in subdivisions (11) and (12) must be included as

individual sections of the plan.

     (1) Goals and policies. The plan must identify the goals and policies of the municipality

for its future growth and development and for the conservation of its natural and cultural resources.

The goals and policies of the plan shall be consistent with the goals and intent of this chapter and

embody the goals and policies of the state guide plan.

     (2) Maps. The plan must contain maps illustrating the following as appropriate to the

municipality:

     (i) Existing conditions:

     (A) Land use, including the range of residential housing densities;

     (B) Zoning;

     (C) Key infrastructure such as, but not limited to, roads, public water, and sewer;

     (D) Service areas for public water and sewer;

     (E) Historical and cultural resource areas and sites;

     (F) Open space and conservation areas (public and private); and

     (G) Natural resources such as, but not limited to, surface water, wetlands, floodplains, soils,

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and agricultural land;

     (ii) Future land use illustrating the desired patterns of development, density, and

conservation as defined by the comprehensive plan; and

     (iii) Identification of discrepancies between future land uses and existing zoning use

categories.

     (3) Natural resource identification and conservation. The plan must be based on an

inventory of significant natural resource areas such as, but not limited to, water, soils, prime

agricultural lands, forests, wildlife, wetlands, aquifers, coastal features, and floodplains. The plan

must include goals, policies, and implementation techniques for the protection and management of

these areas.

     (4) Open space and outdoor recreation identification and protection. The plan must be

based on an inventory of outdoor recreational resources, open space areas, and recorded access to

these resources and areas. The plan must contain an analysis of forecasted needs, policies for the

management and protection of these resources and areas, and identification of areas for potential

expansion. The plan must include goals, policies, and implementation techniques for the protection

and management of existing resources and acquisition of additional resources if appropriate.

     (5) Historical and cultural resources identification and protection. The plan must be based

on an inventory of significant historical and cultural resources such as historical buildings, sites,

landmarks, and scenic views. The plan must include goals, policies, and implementation techniques

for the protection of these resources.

     (6) Housing. The plan must include the identification of existing housing patterns, an

analysis of existing and forecasted housing needs by type and density range, and identification of

areas suitable for future housing development or rehabilitation in accordance with all factors

contained in this section. The plan shall include an affordable housing program that meets the

requirements of § 42-128-8.1, the “Comprehensive Housing Production and Rehabilitation Act of

2004” and chapter 53 of this title, the “Rhode Island Low and Moderate Income Housing Act.” The

plan must include goals and policies that further the goal of §  45-22.2-3(c)(3) and implementation

techniques that identify specific programs to promote the preservation, production, and

rehabilitation of housing.

     (7) Economic development. The plan must include the identification of existing types and

patterns of economic activities including, but not limited to, business, commercial, industrial,

agricultural, and tourism. The plan must also identify areas suitable for future economic expansion

or revitalization. The plan must include goals, policies, and implementation techniques reflecting

local, regional, and statewide concerns for the expansion and stabilization of the economic base

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and the promotion of quality employment opportunities and job growth. The plan shall consider

market factors that may substantially impact future urban residential development.

     (8) Services and facilities. The plan must be based on an inventory of existing physical

infrastructure such as, but not limited to, educational facilities, public safety facilities, libraries,

indoor recreation facilities, and community centers. The plan must describe services provided to

the community such as, but not limited to, water supply and the management of wastewater, storm

water, and solid waste. The plan must consider energy production and consumption. The plan must

analyze the needs for future types and levels of services and facilities, including, in accordance

with § 46-15.3-5.1, water supply system management planning, which includes demand

management goals as well as plans for water conservation and efficient use of water concerning

any water supplier providing service in the municipality, and contain goals, policies, and

implementation techniques for meeting future demands.

     (9) Circulation/Transportation. The plan must be based on an inventory and analysis of

existing and proposed major circulation systems, including transit and bikeways; street patterns;

and any other modes of transportation, including pedestrian, in coordination with the land use

element. Goals, policies, and implementation techniques for the provision of fast, safe, efficient,

and convenient transportation that promotes conservation and environmental stewardship must be

identified.

     (10) Natural hazards. The plan must include an identification of areas that could be

vulnerable to the effects of sea-level rise, flooding, storm damage, drought, or other natural hazards.

Goals, policies, and implementation techniques must be identified that would help to avoid or

minimize the effects that natural hazards pose to lives, infrastructure, and property.

     (11) Land use. In conjunction with the future land use map as required in subsection

(b)(2)(ii) of this section, the plan must contain a land use component that designates the proposed

general distribution and general location and interrelationships of land uses including, but not

limited to, residential, commercial, industrial, open space, agriculture, recreation facilities, and

other categories of public and private uses of land. The land use component shall be based upon

the required plan content as stated in this section. It shall relate the proposed standards of population

density and building intensity to the capacity of the land and available or planned facilities and

services. The land use component must contain an analysis of the inconsistency of existing zoning

districts, if any, with planned future land use. The land use component shall specify the process and

schedule by which the zoning ordinance and zoning map shall be amended to conform to the

comprehensive plan and shall be included as part of the implementation program.

     (12) Implementation program.

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     (i) A statement which defines and schedules the specific public actions to be undertaken in

order to achieve the goals and objectives of each component of the comprehensive plan. Scheduled

expansion or replacement of public facilities, and the anticipated costs and revenue sources

proposed to meet those costs reflected in a municipality’s capital improvement program, must be

included in the implementation program.

     (ii) The implementation program identifies the public actions necessary to implement the

objectives and standards of each component of the comprehensive plan that require the adoption or

amendment of codes and ordinances by the governing body of the municipality.

     (iii) The implementation program identifies other public authorities or agencies owning

water supply facilities or providing water supply services to the municipality, and coordinates the

goals and objectives of the comprehensive plan with the actions of public authorities or agencies

with regard to the protection of watersheds as provided in § 46-15.3-1 et seq.

     (iv) The implementation program must detail the timing and schedule of municipal actions

required to amend the zoning ordinance and map to conform to the comprehensive plan.

     45-22.2-12. Maintaining and re-adopting the plan.

     (a) A municipality must maintain a single version of the comprehensive plan including all

amendments, appendices, and supplements. One or more complete copies of the comprehensive

plan including, all amendments, shall be made available for review by the public. Availability shall

include print, digital formats, and placement on the internet.

     (b) A municipality shall periodically review and amend its plan in a timely manner to

account for changing conditions. At a minimum, a municipality shall fully update and re-adopt its

entire comprehensive plan, including supplemental plans, such as, but not limited to, special area

plans, that may be incorporated by reference, at least once every ten (10) years from the date of

municipal adoption. A minimum twenty (20) year planning timeframe in considering forecasts,

goals, and policies must be utilized for an update. In assessing changing conditions, a municipality

shall adopt findings regarding the density expectations assumed to result from measures adopted

under this section. The density expectations shall not project an increase in residential capacity

above achieved density by more than three percent (3%) without quantifiable validation for such

departures. For municipalities outside the urban growth boundaries, a quantifiable validation shall

demonstrate that the assumed housing capacity has been achieved in areas that are zoned to allow

no greater than the same authorized density level within that municipality. For an urban services

area, a quantifiable validation shall demonstrate that the assumed housing capacity has been

achieved in areas that are zoned to allow no greater than the same authorized density with the

municipality.

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     (c) A newly adopted plan shall supersede all previous versions.

     (d) A municipality shall file an informational report on the status of the comprehensive

plan implementation program with the chief not more than five (5) years from the date of municipal

approval.

     SECTION 3. Section 45-53-4 of the General Laws in Chapter 45-53 entitled "Low and

Moderate Income Housing" is hereby amended to read as follows:

     45-53-4. Procedure for approval of construction of low- or moderate-income housing.

     (a) Any applicant proposing to build low- or moderate-income housing 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. This procedure is only available for proposals

in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing.

The application and review process for a comprehensive permit shall be as follows:

     (1) Submission requirements. Applications for a comprehensive permit shall include:

     (i) 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; and

     (ii) A written request to the local review board to submit a single application to build or

rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local

boards. The written request shall identify the specific sections and provisions of applicable local

ordinances and regulations from which the applicant is seeking relief; and

     (iii) A proposed timetable for the commencement of construction and completion of the

project; and

     (iv) 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 thirty (30)

years; and

     (v) Identification of an approved entity that will monitor the long-term affordability of the

low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include

the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and

acting through its monitoring agents, and these agents shall monitor the long-term affordability of

the low- and moderate-income units pursuant to § 45-53-3.2; and

     (vi) A financial pro-forma for the proposed development; and

     (vii) For comprehensive permit applications: (A) Not involving major land developments

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or major subdivisions including, but not limited to, applications seeking relief from specific

provisions of a local zoning ordinance, or involving administrative subdivisions, minor land

developments or minor subdivisions, or other local ordinances and regulations: those items required

by local regulations promulgated pursuant to applicable state law, with the exception of evidence

of state or federal permits; and for comprehensive permit applications; and (B) Involving major

land developments and major subdivisions, unless otherwise agreed to by the applicant and the

town; those items included in the checklist for the master plan in the local regulations promulgated

pursuant to § 45-23-40. Subsequent to master plan approval, the applicant must submit those items

included in the checklist for a preliminary plan for a major land development or major subdivision

project in the local regulations promulgated pursuant to § 45-23-41, with the exception of evidence

of state or federal permits. All required state and federal permits must be obtained prior to the final

plan approval or the issuance of a building permit; and

     (viii) Municipalities may impose fees on comprehensive permit applications that are

consistent with but do 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, that the imposition of

such fees shall not preclude a showing by a nonprofit applicant that the fees make the project

financially infeasible; and

     (xi) 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 application must be certified complete or

incomplete by the administrative officer according to the provisions of § 45-23-36; provided,

however, that for a major land development or major subdivision, the certificate for a master plan

shall be granted within twenty-five (25) days and for a preliminary plan shall be granted within

twenty-five (25) days. The running of the time period set forth herein will be deemed stopped upon

the issuance of a 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 (10) 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) Pre-application conference. Where the comprehensive permit application proposal is a

major land development project or a major subdivision pursuant to chapter 23 of this title a

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municipality may require an applicant proposing a project under this chapter to first schedule a pre-

application conference with the local review board, the technical review committee established

pursuant to § 45-23-56, or with the administrative officer for the local review board and other local

officials, as appropriate. To request a pre-application conference, the applicant shall submit a short

description of the project in writing including the number of units, type of housing, as well as a

location map. The purpose of the pre-application conference shall be to review a concept plan of

the proposed development. Upon receipt of a request by an applicant for a pre-application

conference, the municipality has thirty (30) days to schedule and hold the pre-application

conference. If thirty (30) days has elapsed from the filing of the pre-application submission and no

pre-application conference has taken place, nothing shall be deemed to preclude an applicant from

thereafter filing and proceeding with an application for a comprehensive permit.

     (4) Review of applications. An application filed in accordance with this chapter shall be

reviewed by the local review board at a public hearing in accordance with the following provisions:

     (i) Notification. Upon issuance of a certificate of completeness for a comprehensive

permit, the local review board shall immediately notify each local board, as applicable, of the filing

of the application, by sending a copy to the local boards and to other parties entitled to notice of

hearings on applications under the zoning ordinance and/or land development and subdivision

regulations as applicable.

     (ii) Public notice. Public notice for all public hearings will be the same notice required

under local regulations for a public hearing for a preliminary plan promulgated in accordance with

§ 45-23-42. The cost of notice shall be paid by the applicant.

     (iii) Review of minor projects. The review of a comprehensive permit application

involving only minor land developments or minor subdivisions or requesting zoning ordinance

relief or relief from other local regulations or ordinances not otherwise addressed in this subsection,

shall be conducted following the procedures in the applicable local regulations, with the exception

that all minor land developments or minor subdivisions under this section are required to hold a

public hearing on the application, and within ninety-five (95) days of issuance of the certificate of

completeness, or within such further time as is agreed to by the applicant and the local review

board, render a decision.

     (iv) Review of major projects. In the review of a comprehensive permit application

involving a major land development and/or major subdivision, the local review board shall hold a

public hearing on the master plan and shall, within ninety (90) days of issuance of the certification

of completeness, or within such further amount of time as may be agreed to by the local review

board and the applicant, render a decision. Preliminary and final plan review shall be conducted

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according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise

specified in this section.

     (v) Required findings. 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:

     (A) 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.

     (B) The proposed development is in compliance with the standards and provisions of the

municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or

waived local concerns that have been affected by the relief granted do not outweigh the state and

local need for low- and moderate-income housing.

     (C) 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.

     (D) There will be no significant negative environmental impacts from the proposed

development as shown on the final plan, with all required conditions for approval.

     (E) 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.

     (F) All proposed land developments and all subdivisions lots will have adequate and

permanent physical access to a public street in accordance with the requirements of § 45-23-60(5).

     (G) 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.

     (H) For purposes of estimating housing needs, each municipality shall use population

projections generated by the United States Census Bureau and shall consider and adopt findings

related to changes in each of the following factors since their last comprehensive plan as

promulgated pursuant to chapter 22.2 of title 45:

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     (I) Household sizes;

     (II) Household demographics including age, gender, race, or other established

demographic category;

     (III) Household income;

     (IV) Vacancy rates; and

     (V) Housing costs.

     (vi) The local review board has the same power to issue permits or approvals that any local

board or official who would otherwise act with respect to the 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 or shape, or building materials, as are consistent with the terms of this section.

     (vii) In reviewing the comprehensive permit request, the local review board may deny the

request for any of the following reasons: (A) If the city or 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; (B) 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; (C)

The proposal is not in conformance with the comprehensive plan; (D) The community has met or

has plans to meet the goal of ten percent (10%) of the year-round units or, in the case of an urban

town or city, fifteen percent (15%) of the occupied rental housing units as defined in § 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; or (E) Concerns for the environment and the health and safety of current residents have

not been adequately addressed.

     (viii) 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, and may be appealed by the applicant to the

state housing appeals board.

     (ix) If the public hearing is not convened or a decision is not rendered within the time

allowed in subsections (a)(4)(iii) and (iv), the application is deemed to have been allowed and the

relevant approval shall issue immediately; provided, however, that this provision shall not apply to

any application remanded for hearing in any town where more than one application has been

remanded for hearing provided for in § 45-53-6(f)(2).

     (x) Any person aggrieved by the issuance of an approval may appeal to the superior court

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within twenty (20) days of the issuance of approval.

     (xi) A comprehensive permit shall expire unless construction is started within twelve (12)

months and completed within sixty (60) months of final plan approval 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.

     (xii) A town with an approved affordable housing plan and that is meeting local housing

needs may by council action limit the annual total number of dwelling units in comprehensive

permit applications from for-profit developers to an aggregate of one percent (1%) of the total

number of year-round housing units in the town, as recognized in the affordable housing plan and

notwithstanding the timetables set forth elsewhere in this section, the local review board shall have

the authority to consider comprehensive permit applications from for-profit developers, which are

made pursuant to this paragraph, sequentially in the order in which they are submitted.

     (xiii) The local review board of a town with an approved affordable housing plan shall

report the status of implementation to the housing resources commission, including the disposition

of any applications made under the plan, as of June 30, 2006, by September 1, 2006, and for each

June 30 thereafter by September 1 through 2010. The housing resources commission shall prepare

by October 15 and adopt by December 31, a report on the status of implementation, which shall be

submitted to the governor, the speaker, the president of the senate, and the chairperson of the state

housing appeals board, and shall find which towns are not in compliance with implementation

requirements.

     (xiv) Notwithstanding the provisions of § 45-53-4 in effect on February 13, 2004, to

commence hearings within thirty (30) days of receiving an application remanded by the state

housing appeals board pursuant to § 45-53-6(f)(2) shall be heard as herein provided; in any town

with more than one remanded application, applications may be scheduled for hearing in the order

in which they were received, and may be taken up sequentially, with the thirty-day (30) requirement

for the initiation of hearings, commencing upon the decision of the earlier filed application.

     (b)(1) The general assembly finds and declares that in January 2004 towns throughout

Rhode Island have been confronted by an unprecedented volume and complexity of development

applications as a result of private for-profit developers using the provisions of this chapter and that

in order to protect the public health and welfare in communities and to provide sufficient time to

establish a reasonable and orderly process for the consideration of applications made under the

provisions of this chapter, and to have communities prepare plans to meet low- and moderate-

income housing goals, that it is necessary to impose a moratorium on the use of comprehensive

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permit applications as herein provided by private for-profit developers; a moratorium is hereby

imposed on the use of the provisions of this chapter by private for-profit developers, which

moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited

prior to expiration and extended to such other date as may be established by law. Notwithstanding

the provisions of subsection (a) of this section, private for-profit developers may not utilize the

procedure of this chapter until the expiration of the moratorium.

     (2) No for-profit developer shall submit a new application for comprehensive permits until

July 1, 2005, except by mutual agreement with the local review board.

     (3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review

board in a town which has submitted a plan in accordance with subsection (c) of this section, shall

not be required to accept an application for a new comprehensive permit from a for-profit developer

until October 1, 2005.

     (c) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i) shall

prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-

income housing as specified by § 45-53-3(4)(ii), consistent with applicable law and regulation.

That the secretary of the planning board or commission of each city or town subject to the

requirements of this paragraph shall report in writing the status of the preparation of the housing

element for low- and moderate-income housing on or before June 30, 2004, and on or before

December 31, 2004, to the secretary of the state planning council, to the chair of the house

committee on corporations and to the chair of the senate committee on commerce, housing and

municipal government. The state housing appeals board shall use said plan elements in making

determinations provided for in § 45-53-6(c)(2).

     (d) If any provision of this section or the application thereof shall for any reason be judged

invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any

other provision of this chapter, but shall be confined in its effect to the provision or application

directly involved in the controversy giving rise to the judgment, and a moratorium on the

applications of for-profit developers pursuant to this chapter shall remain and continue to be in

effect for the period commencing on the day this section becomes law [February 13, 2004] and

continue until it shall expire on January 31, 2005, or until amended further.

     (e) In planning for, awarding, and otherwise administering programs and funds for housing

and for community development, state departments, agencies, boards and commissions, and public

corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of

§ 45-53-3(ii), give priority to the maximum extent allowable by law to towns with an approved

affordable housing plan. The director of administration shall adopt not later than January 31, 2005,

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regulations to implement the provisions of this section.

     (f) Multi-family rental units built under a comprehensive permit may be calculated towards

meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long

as the units meet and are in compliance with the provisions of § 45-53-3.1.

     SECTION 4. Section 23-27.3-105.3 of the General Laws in Chapter 23-27.3 entitled "State

Building Code" is hereby amended to read as follows:

     23-27.3-105.3. Part change in use.

     (a) If a portion of a building is changed in occupancy or to a new use group, and that portion

is separated from the remainder of the building with the required vertical and horizontal fire

division complying with the fire grading as provided by this code, then the construction involved

in the change shall be made to conform to the requirements of this code, or the requirements of the

rehabilitation building and fire code for existing buildings and structures as applicable for the new

use and occupancy, and the existing portion shall be made to comply with the exitway requirements

of this code.

     (b) The state building code standards committee shall establish uniform standards for a

municipality to allow alternate approval of construction related to conversions of single-family

dwellings into no more than four (4) residential dwelling units that are no more than two (2) stories

in height and that received certificates of occupancy prior to January 1, 2023.

     (1) Any application submitted for alternate approval of construction related to conversions

shall be granted or denied by the local building official within fifteen (15) business days and if

denied, the local building official shall inform the applicant in writing of the reason or reasons for

the denial.

     (2) Appeals from any denial shall be filed with the local zoning board of appeals within

twenty (20) calendar days from the receipt of the written denial.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

***

     This act would prohibit single-family residential zoning in municipalities with populations

of over twenty-thousand (20,000) and mandate that those municipalities adopt zoning regulations

for middle housing in single-family residential zones.

     This act would take effect upon passage.

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