For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJUSTMENT(S). Requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the local view board's consideration of adjustments is set forth in R.I. Gen. Laws § 45-53-4(d)(2)(iii)(E)(II).
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.
CONSISTENT WITH LOCAL NEEDS. Reasonable in view of the state need for low- and moderate-income housing, considered with the number of low-income persons in the town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of the town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the zoning ordinance, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing.
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 approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for any applicant to proceed in building or operating low- or moderate-income housing, within the limitations set by the subsidizing agency of government or local review [Planning Board], 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 applicant.
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 LOCAL HOUSING NEEDS. As a result of the adoption of the implementation program of an approved affordable housing plan, 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, and a showing that at least 20% of the total residential units approved by a local review board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in R.I. Gen. Laws § 42-128-8.1.
MONITORING AGENTS. Those monitoring agents appointed by the Rhode Island housing resources commission pursuant to R.I. Gen. Laws § 45-53-3.2 and to provide the monitoring and oversight set forth in this chapter, including, but not limited to, R.I. Gen. Laws §§ 45-53-3.2 and 45-53-4.
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 shall include a combination of, 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, zoning incentives, and adjustments as defined in this section and any combination of forms of assistance.
PROJECT.
(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; Am. Ord. 2024-5, passed 4-1-24)