The town council finds, determines and declares that:

(1)

The town must expand its park, school and library facilities in order to maintain current standards if new development is to be accommodated without decreasing current standards. This must be done in order to promote and protect the public health, safety, and welfare.

(2)

The state through the enactment of RIGL 1956, § 45-22.2-1 et seq., Rhode Island Comprehensive Planning and Land Use Act, and RIGL 1956, § 45-24-1 et seq., Zoning Ordinances, provides for orderly growth and provision for protecting public investment in public facilities.

(3)

The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare.

(4)

Each of the types of land development described in section 21-511 creates demand for the acquisition or expansion of parks, the construction of park improvements, the addition of library facilities and the expansion of school facilities. The fees established by section 21-511 are derived from and based upon the costs of providing additional park, school and library facility improvements necessitated by the new land developments for which the fees are levied.

(5)

The report entitled "Impact Fees Program for the Town of North Kingstown," dated May 28, 1997, sets forth a reasonable methodology and analysis for the determination of the impact of new development and the need for and costs for parks, schools and library improvements in the town.

(Ord. No. 97-13, § 1, 8-18-1997)

(a)

This article is intended to assist in the implementation of the town comprehensive community plan.

(b)

The purpose of this article is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to provide park, school and library facility improvements in the town.

(Ord. No. 97-13, § 1, 8-18-1997)

(a)

This article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

(b)

For the purposes of administration and enforcement, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article:

(1)

If there is any difference of meaning or implication between the text of this article and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

(3)

Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(4)

The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."

(5)

The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(6)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," or "either/or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected terms, conditions, provisions or events may apply singly or in any combination.

b.

The term "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

c.

The term "either/or" indicates that the connected items, conditions, provisions or events shall apply singly but not in any combination.

(7)

The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8)

The word "town manager" means the town manager or the municipal officials the town manager may designate to carry out the administration of this article. Any municipal official so designated shall be approved by the town council before exercising duties under this article.

(Ord. No. 97-13, § 1, 8-18-1997)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Capital improvement includes planning, land acquisition, site improvements, buildings and equipment for park, school and library facilities, but excludes maintenance and operation.

Feepayer means a person obtaining a building permit for an activity requiring payment of an impact fee pursuant to section 21-511 and the successor in interest of such person.

Private facility means any facility that is not owned by or dedicated to any governmental entity.

(Ord. No. 97-13, § 1, 8-18-1997; Ord. No. 98-12, § 1, 8-3-1998)

Cross reference— Definitions generally, § 1-2.

(a)

Any person who, after the effective date of the ordinance from which this article derives, seeks to develop land within the town by applying for a building permit for a residential building is required to pay impact fees in the manner and amount set forth in this article.

(b)

No certificate of occupancy shall be issued for any residential building which was constructed pursuant to any building permit issued after August 3, 1998, until all impact fees required by this article, calculated as of the date of the issuance of the building permit, have been paid in full.

(Ord. No. 97-13, § 1, 8-18-1997; Ord. No. 98-12, § 2, 8-3-1998; Ord. No. 00-14, § 1, 6-12-2000)

(a)

A baseline fee schedule for park, school and library facilities shall be established by the town council to be included in the town's annually adopted capital improvement program. Fees shall be based upon documented analysis of the projected cost of providing park, school and library facilities as indicated in the then-current capital improvement program, reflecting adjustments for the time-value of money over the period between when the fee is paid and when it is projected to be utilized. Fees shall reflect credits for the present value of any future property taxes to be paid by the developed properties for the same park, school and library capital costs, and shall reflect expected differences among dwelling types, such as single-family, two-family and multifamily dwellings.

(b)

The school facility fee for dwellings in any particular development may be adjusted relative to the baseline fee to reflect any special characteristics of the development that can be assured for at least the following ten years, such as occupancy characteristics resulting in public school enrollment expectations significantly departing from those underlying the baseline fee, or property tax payment expectations significantly departing from those assumed in calculating the baseline fee. Request for such adjustment must be made and documented in writing to the town council, which shall approve it upon determination that doing so is supported by the facts of the case.

(c)

If a building permit is issued for mixed uses, the fee shall be determined using the schedule by apportioning the space committed to uses specified on the schedule.

(d)

If the type of development activity that a residential building permit is issued for is not specified on the fee schedule, the town manager shall use the fee applicable to the most comparable type of land use on the fee schedule. The town manager shall be guided in the selection of a comparable type by the comprehensive community plan, supporting documents of the comprehensive community plan, and this chapter. If the town manager determines that there is no comparable type of land use on the fee schedule, the town manager shall, with the consent of the town council, determine the appropriately discounted fee by considering demographic or other documentation which is available from state, local and regional authorities.

(e)

If there is a change of use, redevelopment or expansion or modification of an existing use which requires the issuance of a building permit, the impact fee shall be based upon the net positive increase in the impact fee for the use as compared to the previous use. The town manager shall be guided in this determination by the sources and agencies listed in subsection (d) of this section.

(f)

If a feepayer opts to have the impact fee determined according to subsection (b) of this section, the feepayer shall prepare and submit to the town manager an independent fee calculation study for the land development activity for which a building permit is issued. The independent fee calculation study shall follow a prescribed methodology and format for the study established by the town. The documentation submitted shall show the basis upon which the independent fee calculation was made. The town shall consider the documentation submitted by the feepayer, but is not required to accept such documentation as shall be reasonably deemed to be inaccurate or not reliable and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the feepayer shall pay impact fees as adopted. If an acceptable independent fee calculation study is presented, the town manager may, with the consent of town council, adjust the fee to that appropriate to the particular development. The adjustment may include a credit against the fee for private facilities constructed or deed restricted or otherwise set aside for by the feepayer which serve the same purposes and functions as set forth in the town's comprehensive community plan.

(Ord. No. 97-13, § 1, 8-18-1997; Ord. No. 98-12, § 3, 8-3-1998; Ord. No. 07-11, § 1, 6-11-2007)

(a)

The feepayer shall pay the impact fees required by this article to the town manager or the town manager's designee prior to the issuance of a certificate of occupancy.

(b)

All funds collected shall be promptly transferred for deposit in the appropriate fund to be held and used solely for the purposes specified in this article.

(Ord. No. 97-13, § 1, 8-18-1997; Ord. No. 99-22, § 1, 10-4-1999)

(a)

There is established a park impact fee fund, a school impact fee fund and a library impact fee fund.

(b)

Funds withdrawn from these accounts must be used in accordance with section 21-508.

(Ord. No. 97-13, § 1, 8-18-1997)

(a)

All fees collected from impact fees shall be used solely for the purpose of providing and/or making capital improvements to park, school and library facilities under the jurisdiction of the town to meet the needs of new development.

(b)

If bonds or similar debt instruments are issued for advanced provision of capital facilities for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments.

(c)

At least once each fiscal period, the town manager shall present to the town council a proposed capital improvement program for park, school and library facilities assigning funds, including any accrued interest, to specific improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in an impact fee fund until the next fiscal period, except as provided by section 21-509 pertaining to refunds.

(d)

Funds may be used to provide refunds as described in section 21-509.

(Ord. No. 97-13, § 1, 8-18-1997)

Fees deposited or a portion thereof, other than those deemed recoupment in accordance with RIGL 1956, § 45-22.4-5(c), shall be refunded in accordance with the provisions of RIGL 1956, § 45-22.4-6(a) if such funds are not expended or encumbered within eight years of the date of collection.

(Ord. No. 97-13, § 1, 8-18-1997; Ord. No. 98-12, § 4, 8-3-1998; Ord. No. 01-13, § 1, 7-9-2001)

(a)

Exemptions. Any claim of exemption from payment of impact fees must be made no later than the time of application for a building permit, and any claim not so made shall be deemed waived. The following shall be exempted from payment of an impact fee:

(1)

Alterations or expansion of an existing building where no additional residential dwelling units are created and where the use is not changed.

(2)

The construction of accessory buildings or structures.

(3)

The replacement of a building or structure with a new building or structure of the same use which contains no residential units in addition to those which had been contained in the building or structure which was replaced.

(4)

The construction of any nonresidential building or structure.

(5)

The installation of a replacement mobile home on a lot or other such site where a mobile home legally existed on such site on or prior to the effective date of the ordinance from which this article derives.

(b)

Credits. Land and/or capital improvements may be offered by the feepayer as total or partial payment of the required impact fee. The offer must specifically request or provide for an impact fee credit. If the town manager, with the consent of the town council, accepts such an offer, provided the acceptance is after the effective date of the ordinance from which this article derives, the credit shall be determined and provided in the following manner:

(1)

Credit for the dedication of land shall be valued at 115 percent of the most recent assessed value by the town tax assessor or by fair market value established by private appraisers acceptable to the town. Credit for the dedication of land shall be provided when the property has been conveyed at no charge to, and accepted by, the town in a manner satisfactory to the town council.

(2)

Applicants for credit for construction of improvements shall submit acceptable engineering drawings and specifications and construction cost estimates to the town, and the town manager shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the town manager determines that such estimates submitted by the applicant are either unreliable or inaccurate. The town manager, with the consent of the town council, shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating the applicant's agreement to the terms of the letter or certificate and shall return such signed document to the town manager before credit will be given. The failure of the applicant to sign, date and return such document within 60 days shall nullify the credit.

(3)

Credit against impact fees otherwise due will not be provided until the construction is completed and accepted by the town or a suitable maintenance and warranty bond is received and approved by the town finance director, when applicable.

(4)

Any claim for credit must be made no later than the time of application for a building permit.

(5)

All school or park/recreation fees in lieu of land dedication payments made to the town at the time of subdivision approval shall be credited against impact fees due on a pro rata basis. Land dedication made to the town at the time of subdivision approval for school or park/recreation purposes shall be credited against impact fees due as follows:

(Ord. No. 97-13, § 1, 8-18-1997; Ord. No. 01-13, § 2, 7-9-2001)

The following are established as the fees to be charged from the time of adoption of Ordinance No. 06-09. Said fees shall be in effect until such time as amended by the town council, but no longer than five years after the date of passage of Ordinance No. 06-09. Fees are based upon the data and analysis contained and referenced in the "North Kingstown Impact Fee Report" prepared for the town by the town department of planning and development, dated May 28, 1997, as amended:

(1)

The fee for park and recreation land and/or facilities shall be as follows:

Single-family residential structure, per unit .....$1,286.00

Two-family residential structure, per unit .....1,543.00

Multi-family residential structure, per unit .....1,654.00

(2)

The fee for library facilities shall be as follows:

Single-family residential structure, per unit .....96.00

Two-family residential structure, per unit .....128.00

Multi-family residential structure, per unit .....135.00

(Ord. No. 97-13, § 1, 8-18-1997; Ord. No. 98-10, § 1, 6-29-1998; Ord. No. 99-12, § 1, 6-21-1999; Ord. No. 00-14, § 2, 6-12-2000; Ord. No. 01-13, § 3, 7-9-2001; Ord. No. 02-4, § 1, 6-10-2002; Ord. No. 03-7, § 1, 6-9-2003; Ord. No. 04-11, § 1, 6-7-2004; Ord. No. 05-01, § 1, 2-14-2005; Ord. No. 05-15, § 1, 6-27-2005; Ord. No. 06-09, § 1, 6-12-2006; Ord. No. 07-11, § 2, 6-11-2007)

A violation of this article shall be prosecuted in the same manner as misdemeanors are prosecuted and, upon conviction, the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution, the town shall have the power to sue in civil court to enforce this article.

(Ord. No. 97-13, § 1, 8-18-1997)