§ 45-53-6. Powers of state housing appeals board. [Expires January 1, 2024.]
(a) Effective until January 1, 2024, the state housing appeals board shall have the powers
to: (i) Adopt, amend, and repeal rules and regulations that are consistent with this
chapter and are necessary to implement the requirements of §§ 45-53-5, 45-53-6, and 45-53-7; (ii) Receive and expend state appropriations; and (iii) Establish a reasonable fee
schedule, which may be waived, to carry out its duties.
(b) In hearing the appeal, the state housing appeals board shall determine whether: (i)
In the case of the denial of an application, the decision of the local review board
was consistent with an approved affordable housing plan, or if the town does not have
an approved affordable housing plan, was reasonable and consistent with local needs;
and (ii) In the case of an approval of an application with conditions and requirements
imposed, whether those conditions and requirements make the construction or operation
of the housing infeasible and whether those conditions and requirements are consistent
with an approved affordable housing plan, or if the town does not have an approved
affordable housing plan, are consistent with local needs.
(c) In making a determination, the standards for reviewing the appeal include, but are
not limited to:
(1) The consistency of the decision to deny or condition the permit with the approved
affordable housing plan and/or approved comprehensive plan;
(2) The extent to which the community meets or plans to meet housing needs, as defined
in an affordable housing plan, including, but not limited to, the ten percent (10%)
goal for existing low- and moderate-income housing units as a proportion of year-round
housing;
(3) The consideration of the health and safety of existing residents;
(4) The consideration of environmental protection; and
(5) The extent to which the community applies local zoning ordinances and review procedures
evenly on subsidized and unsubsidized housing applications alike.
(d) If the appeals board finds, in the case of a denial, that the decision of the local
review board was not consistent with an approved affordable housing plan, or if the
town does not have an approved affordable housing plan, was not reasonable and consistent
with local needs, it shall vacate the decision and issue a decision and order approving
the application, denying the application, or approving with various conditions consistent
with local needs. If the appeals board finds, in the case of an approval with conditions
and requirements imposed, that the decision of the local review board makes the building
or operation of the housing infeasible, and/or the conditions and requirements are
not consistent with an approved affordable housing plan, or if the town does not have
an approved affordable housing plan, are not consistent with local needs, it shall
issue a decision and order, modifying or removing any condition or requirement so
as to make the proposal no longer infeasible and/or consistent, and approving the
application; provided, that the appeals board shall not issue any decision and order
that would permit the building or operation of the housing in accordance with standards
less safe than the applicable building and site plan requirements of the federal Department
of Housing and Urban Development or the Rhode Island housing and mortgage finance
corporation, whichever agency is financially assisting the housing. Decisions or conditions
and requirements imposed by a local review board that are consistent with approved
affordable housing plans and/or with local needs shall not be vacated, modified, or
removed by the appeals board notwithstanding that the decision or conditions and requirements
have the effect of denying or making the applicant's proposal infeasible.
(e) The appeals board or the applicant has the power to enforce the orders of the appeals
board by an action brought in the superior court. The local review board shall carry
out the decision and order of the appeals board within thirty (30) days of its entry
and, upon failure to do so, the decision and order of the appeals board is, for all
purposes, deemed to be the action of the local review board, unless the applicant
consents to a different decision or order by the local review board. The decision
and order of the appeals board is binding on the city or town, which shall immediately
issue any and all necessary permits and approvals to allow the construction and operation
of the housing as approved by the appeals board.
(f) The state housing appeals board shall:
(1) Upon an appeal of the applicant prior to August 1, 2004, rule on December 1, 2004,
on the substantial completeness of applications as of February 13, 2004, that were
affected by the moratorium established by § 45-53-4(b).
(i) The determination of substantial completeness shall be based on whether there was
on or before February 13, 2004, substantial completeness of substantially all of the
following:
(A) A written request to the zoning board of review to submit a single application to
build or rehabilitate low- or moderate-income housing in lieu of separate applications
to the application local boards;
(B) A written list of variances, special use permits and waivers requested to local requirements
and regulations, including local codes, ordinances, bylaws or regulations, including
any requested waivers from the land development or subdivisions regulations, and a
proposed timetable for completion of the project;
(C) Evidence of site control;
(D) Evidence of eligibility for a state or federal government subsidy, including a letter
from the funding agency indicating the applicant and the project;
(E) Site development plans showing the locations and outlines of proposed buildings; the
proposed location, general dimensions, and materials for street, drives, parking areas,
walks, and paved areas; proposed landscaping improvements and open areas within the
site; and the proposed location and types of sewage, drainage, and water facilities;
(F) A report on existing site conditions and a summary of conditions in the surrounding
areas, showing the location and nature of existing buildings, existing street elevations,
traffic patterns and character of open areas, including wetlands and flood plains,
in the neighborhood;
(G) A tabulation of proposed buildings by type, size (number of bedrooms, floor area)
and ground coverage and a summary showing the percentage of the tract to be occupied
by buildings, by parking and other paved vehicular areas and by open spaces;
(H) A master plan, if the development proposal is for a major or minor land development
plan or a major or minor subdivision;
(I) A sample land lease or deed restrictions with affordability liens that will restrict
use as low- and moderate-income housing units for a period of not less than thirty
(30) years; and
(J) The list of all persons entitled to notice in accordance with § 45-24-53.
(ii) Notwithstanding the provisions of subsection (f)(1) of this section, if the zoning
board of review determined the application to be substantially complete and/or acted
in a manner demonstrating that it considered the application substantially complete
for the purposes of reviewing the application, the state housing appeals board shall
consider the application substantially complete.
(2) Remand for hearing in accordance with the provisions of § 45-53-4 applications that are determined to be substantially complete, which hearings may
be conducted (or resume) under the provisions in effect on February 13, 2004, unless
the applicant and the board shall mutually agree that the hearing shall proceed under
the provisions in effect on December 1, 2004, which hearings may commence on or after
January 1, 2005, but shall commence not later than January 31, 2005, on applications
in the order in which they were received by the town, unless a different commencement
date is mutually agreed to by the applicant and the local board hearing the applications;
the local review board shall not be obligated to hear, and may deny, any application
affected by the moratorium unless it was determined to be substantially complete in
accordance with the provisions of subsection (f)(1) of this section, and the local
review board may require such additional submissions as may be specified by the town
or necessary for the review of the application.
(3) Hear and decide appeals, other than those covered by subsection (f)(1) of this section,
for which it took jurisdiction on or before May 1, 2004.
(4) Continue to hear and decide appeals filed by nonprofit organizations.
(5) Conduct such other business as may be reasonable and appropriate in order to facilitate
an orderly transfer of activities to the state housing appeals board as it shall be
constituted after January 1, 2005.
(g) This section shall sunset on January 1, 2024.