Town Council Adopts Resolution Supporting H-7446 and S-2691

At the March 9 Town Council meeting, Councilor Bonnie Van Slyke introduced a resolution in support of Representative Megan Cotter’s and Senator Victoria Gu’s bills to protect our drinking water.

Under the state’s current Low and Moderate Income Housing Act, if a developer designates as little as 25% of units as affordable, the density bonuses allow increases of 600% to 900% over the underlying zoning. Where one house was allowed in a 2-acre zone, seven can now be built; where one house was allowed in a 3-acre zone, ten can be built. Most developers propose the minimum number of affordable units, leaving 75% at market rate — but if a higher percentage of affordable units is proposed, these increases can climb as high as 2,400%, meaning 25 units where zoning allows only one. Our zoning is designed to protect our drinking water, but these enormous density bonuses put our drinking water at risk.

The original resolution that Councilor Van Slyke introduced included language describing these extreme density bonuses. Councilor Carney objected to specifying the percentage increases, despite their being well documented. A compromise was reached not to specify the percentages.

Councilors Marr and Slom were absent, but Councilor Stokes was enthusiastic about Councilor Van Slyke’s resolution, stating that the legislation was beneficial for us, particularly regarding groundwater protection and how density is working, and that one of the largest impacts Charlestown has had with the changes in state legislation is with density bonuses.

With Councilor Carney’s change to eliminate the specific percentage increases, the Town Council voted to send the following resolution.

TOWN OF CHARLESTOWN, RHODE ISLAND
TOWN COUNCIL

RESOLUTION IN SUPPORT OF
HOUSE BILL H-7446
SENATE BILL S-2691

RELATING TO LOW- AND MODERATE-INCOME HOUSING – PROTECTION OF DRINKING WATER SUPPLIES

WHEREAS, the State of Rhode Island has established a goal that each city and town provide at least ten percent (10%) of its housing stock as low- and moderate-income housing, and the Town of Charlestown supports the need for more low- and moderate-income housing in Rhode Island; and

WHEREAS, the Rhode Island Low and Moderate Income (LMI) Housing Act (R.I. Gen. Laws § 45-53) currently allows density bonuses for qualifying affordable housing developments that can increase residential density over the underlying local zoning; and

WHEREAS, in Charlestown, all homes depend on private wells and individual onsite wastewater treatment systems, with no access to public water or sewer; and

WHEREAS, Charlestown’s zoning has been carefully designed to protect the quality and quantity of drinking water, with 3-acre zoning districts sited over aquifers and 2-acre zoning districts covering recharge areas, in order to maintain sufficient upland area to filter contaminants before they reach the groundwater; and

WHEREAS, the current LMI Act density bonuses are wholly incompatible with areas that depend on groundwater for both drinking water and wastewater treatment, and the Rhode Island DEM’s Onsite Wastewater Treatment System rules address individual system compliance but do not adequately address the cumulative, long-term impacts of high-density development on groundwater quality; and

WHEREAS, once drinking water supplies are contaminated or overdrawn, they cannot easily be restored, and such harm would be irreversible for current and future generations of Charlestown residents; and

WHEREAS, the State mandated housing densities are excessive and inappropriate in areas not served by public water or sewer, where there is no assurance that onsite wells would have adequate capacity to provide drinking water to the dramatically increased number of dwelling units; and

WHEREAS, House Bill H-7446, introduced by Representative Megan Cotter, and companion Senate Bill S-2691, introduced by Senator Victoria Gu, would amend the LMI Housing Act to eliminate state-mandated housing densities in lands used for drinking water supplies, and would further require documentation of the capacity of public water or sewer systems to support any proposed increase in residential density before a development proposal may be approved; and

WHEREAS, H-7446 and S-2691 represent common-sense, responsible amendments that accommodate low- and moderate-income housing development while protecting the quality and quantity of Rhode Island’s drinking water supplies; and

WHEREAS, it has been long-standing State policy to protect all drinking water supplies to support existing and future needs for growth and economic development, and the State can and must encourage responsible housing development that avoids creating future crises in water availability or quality;

NOW, THEREFORE, BE IT RESOLVED that the Charlestown Town Council hereby expresses its strong support for House Bill H-7446 and Senate Bill S-2691, currently pending before the Rhode Island General Assembly; and

BE IT FURTHER RESOLVED that the Charlestown Town Council urges the members of the Rhode Island Senate and House of Representatives to enact House Bill H-7446 and Senate Bill S-2691 into law; and

BE IT FURTHER RESOLVED that the Town Clerk is authorized and directed to transmit copies of this Resolution to the Governor of the State of Rhode Island, the President of the Senate, the Speaker of the House of Representatives, the Town’s state legislative delegation and all other members of the State of Rhode Island General Assembly.