Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.3 - Definitions

Current through June 14, 2024
A. For the purposes of these regulations, the
				 following terms shall have the following meanings:
1. "Affordable housing plan" means a
				 component of a housing element of a municipal comprehensive plan, as defined in
				 R.I. Gen. Laws §
											45-22.2-4(33),
				 that is prepared in accordance with guidelines adopted by the state planning
				 council, to meet housing needs in a city or town and/or to meet the provisions
				 of R.I. Gen. Laws §
											45-53-4(b)(1)
				 and (3).
2. "Applicant" means public agency,
				 non-profit organization, any limited equity housing cooperative, or any private
				 developer eligible who is the project owner or development partner.
3. "Associate director" means the associate
				 director for planning in the department of administration.
4. "Chairperson" means the chairperson of the
				 housing resources commission.
5.
				 "Comprehensive plan" means a comprehensive plan adopted and approved by a city
				 or town pursuant to R.I. Gen. Laws Chapters 45-22.2 and 45-22.3.
6. "Determination of probable consistency"
				 means a determination by the associate director that an eligible affordable
				 housing project appears to be consistent with the applicable provisions of the
				 state plans pertaining to affordable housing development; a determination of
				 probable consistency shall not be deemed to be conclusive, final, or binding
				 determination of conformity with such plans or with any specific requirements
				 adopted pursuant to such plans.
7.
				 "Development stage" means the point at which the project has been certified as
				 meeting the eligible affordable housing criteria and has been permitted by
				 local and state agency to proceed with construction.
8. "Eligible affordable housing project"
				 means low and moderate income housing (LMIH) or housing development in which at
				 least twenty-five percent (25%) of the dwelling units are low or moderate
				 income housing.
9. "Executive
				 director" means the executive director of the housing resources
				 commission.
10. "Housing project of
				 critical concern" or, "project" means an eligible affordable housing project
				 designated by the housing resources commission to be significant by its ability
				 to advance affordable goals set forth in duly approved plans for affordable
				 housing and to help alleviate affordable housing shortages in Rhode
				 Island.
11. "Housing Resources
				 Commission" or, "Commission" means the housing resources commission established
				 by R.I. Gen. Laws Chapter 42-128.
12. "Low and moderate income housing" means
				 any housing whether built or operated by an public agency or any nonprofit
				 organization or any limited equity housing cooperative or any private
				 developer, subsidized by a federal, state, or municipal government subsidy
				 under any program to assist the construction or rehabilitation of housing
				 affordable to low and moderate income households, as defined in the applicable
				 federal or state statute, or local ordinance and that will remain affordable
				 through land lease and/or deed restriction for ninety-nine (99) years or such
				 other period that is either agreed to by the applicant and town or prescribed
				 by federal, state, or municipal government subsidy program but that is no less
				 than thirty (30) years from initial occupancy.
13. "Person" means any natural person,
				 company, commission, corporation, partnership, or any type of business
				 entity.
14. "Proforma" means any
				 analysis done in order to demonstrate the feasibility and viability of the
				 proposed project.
15. "State
				 agency" means any office, department, board, commission, bureau, division,
				 authority, public corporation, agency or instrumentality of the
				 State.
16. "Statewide Planning"
				 means the statewide planning program established by R.I. Gen. Laws §
											42-11-10.