Section 480-RICR-00-00-2.8 - Standards for Reviewing AppealsA. Standards for reviewing the appeal shall include, but not be limited to:1. consistency of the decision to deny or to 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 units or the fifteen percent (15%) standard for occupied rental units as provided in R.I. Gen. Laws § 45-53-3(2)(i)(A); as a proportion of year round housing;3. the consideration of the health and safety of existing residents;4. the consideration of environmental protection;5. the extent to which the community applies local zoning ordinances and review procedures evenly on subsidized and unsubsidized housing applications alike; and6. the extent to which the decision is consistent with local needs as defined in § 2.2(A)(10) of this Part.B. Calculation of the percentage of low and moderate income housing units shall be based on the most recent certified calculation by Rhode Island Housing.C. If the State Housing Appeals Board finds:1. in the case of a denial, that a decision of the Local Review Board was not consistent with an approved affordable housing plan or if the town does not have an affordable housing plan, was not reasonable and consistent with local needs, it shall vacate such decision and order the Local Review Board to approve the application with conditions as appropriate; or2. 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 the Local Review Board to modify or remove any such condition or requirement so as to make the proposal no longer infeasible and/or approve the application.D. Land development or subdivision regulations not waived by the Local Review Board or the State Housing Appeals Board and not inconsistent with R.I. Gen. Laws Chapter 45-53 shall be in effect and governed by the rules, regulations, procedures and codes that would govern such activities in situations not involving a comprehensive permit under R.I. Gen. Laws Chapter 45-53, including inspections and certifications by appropriate municipal personnel and the issuance of building permits and certificates of occupancy. Both the Chair of the Local Review Board and the Chair of the planning board shall sign the final plan.E. The State Housing Appeals Board shall retain jurisdiction over land development and subdivision projects for which it has issued a decision in order to resolve procedural ambiguities and disputes between the municipality and the developer.F. The State Housing Appeals Board shall not issue any decision and order that would permit the building or operation of such housing in accordance with standards less safe than the applicable building and site requirements of the federal Department of Housing and Urban Development or the Rhode Island Housing and Mortgage Finance Corporation, whichever agency is financially assisting such housing or any other agency assisting such housing.G. Decisions or conditions and requirements imposed by the Local Review Board that are consistent with local needs shall not be vacated, modified or removed by the State Housing Appeals Board notwithstanding that such decision or conditions and requirements have the effect of denying or making the applicant's proposal infeasible.480 R.I. Code R. 480-RICR-00-00-2.8