For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATIVE OFFICER.  For proposes of this subchapter, the Town Planner is designated as the Administrative Officer.
   AFFORDABLE HOUSING PLAN. The town's Five Year Affordable Housing Action Plan.
   APPLICANT.  An  applicant for comprehensive permit approval by the Planning Board, which also includes his/her authorized agents or representatives.
   COMPREHENSIVE PLAN. Town of Middletown Comprehensive Community Plan (1992); and any amendments thereto as adopted by the Town Council.
   INFEASIBLE. Any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the zoning approval, to the extent that it makes it impossible for a public agency, nonprofit organization, or limited equity housing cooperative to proceed in building or operating low or moderate income housing without financial loss, within the limitations set by the subsidizing agency of government, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity housing cooperative.
   LOCAL BOARD.  Any town official, zoning board of review, planning board, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.
   LOW OR MODERATE INCOME HOUSING. Any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low or moderate income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through a land lease and/or deed restriction for 99 years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than 30 years from initial occupancy.
   LETTER OF ELIGIBILITY. A letter issued by the Rhode Island Housing and Mortgage Finance Corporation in accordance with R.I. Gen. Laws § 42-55-5.3(a).
   LOCAL REVIEW BOARD. Middletown Planning Board.
   MEETING HOUSING NEEDS. Adoption of the implementation program of an approved affordable housing plan and the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan.
   MUNICIPAL GOVERNMENT SUBSIDY. Assistance that is made available through a city or town program sufficient to make housing affordable, as affordable housing is defined in R.I. Gen. Laws  § 42-128-8.1(d)(1); such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, and any combination of forms of assistance.
      (1)   Major project.  A comprehensive permit application involving a major subdivision or land development project.
      (2)   Minor project.  A comprehensive permit application involving one or more of the following that is not a MAJOR PROJECT:
         (a)   Minor subdivision or land development project;
         (b)   Request for zoning variance;
         (c)   Request for special use permit;
         (d)   Request for relief from other local regulations or ordinances not outlined above.
(Ord. passed 10-30-06)