This article authorizes the establishment of an impact fee on land development in Tiverton for providing new and/or expanded capital facilities within Tiverton which are necessitated by such new development.

(Ord. of 11-13-07)

(A)

In accordance with G.L. tit. 45 ch. 45-22.4, the town council finds that an equitable program is needed for the planning and financing of public facilities to serve new growth and development in the Town of Tiverton in order to protect the public health, safety and general welfare of the citizens of this town.

(B)

It is therefore the public policy of the town and in the public interest to assess, impose, levy and collect fees defined herein as impact fees for certain new development within the town's jurisdictional limits.

(C)

It is the intent of the town council by enactment of this amendment to:

(1)

Ensure that adequate public facilities are available to serve new growth and development;

(2)

Ensure that new growth and development does not place an undue financial burden upon existing taxpayers;

(3)

Promote orderly growth and development by establishing uniform standards to require that those who benefit from new growth and development pay a proportionate fair share of the cost of new and/or upgraded public facilities needed to serve that new growth and development;

(D)

The Town of Tiverton must improve and expand its public facilities in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service. This must be done in order to promote and protect the public health, safety, and welfare of current and future citizens;

(E)

The State of Rhode Island through the enactment of Rhode Island Comprehensive Planning Act of 1988 and the Zoning Enabling Act of 1991 (RIGL section 45-24-30) has sought to encourage Tiverton to enact innovative development regulations and techniques. Title 45 chapter 45-22.4 specifically enables the town council to adopt impact fee ordinances.

(F)

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.

G)

The fees established by this article are derived from, based upon, and do not exceed the costs of providing for such facilities necessitated by new land developments for which the fees are levied. Such costs are established by the town's needs assessment, including the Tiverton Elementary School Facilities Comprehensive Study.

(H)

The report entitled "Town of Tiverton, Rhode Island, Growth Management — Needs Assessment for Impact Fee Schedule and Ordinance," dated July 30, 2007, and as amended from time to time, sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of facilities in Tiverton.

(Ord. of 11-13-07)

(A)

The fees established by this article are consistent with and are intended to assist in the implementation of the Tiverton Comprehensive Plan.

(B)

The purpose of this article is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public educational sites and other municipal facilities, as mandated by the state.

(Ord. of 11-13-07)

As used in this article, the following words have the meanings stated in this section:

(A)

Capital improvements means improvements with a useful life of ten years or more, which increases or improves the service capacity of a public facility;

(B)

Capital improvement program means that component of the town's budget or the school district's master plan that sets out the need for public facility capital improvements for educational facilities, the costs of the improvements, and proposed funding sources. A capital improvement program must cover at least a five-year period and should be reviewed at least every five years;

(C)

Developer means a person or legal entity undertaking development, including any one person commencing a subdivision or land development project which may reasonably be expected to place students in the public schools, place additional burdens on the town's educational and other municipal facilities and which requires the issuance of a building permit for one or more residential buildings;

(D)

Impact fee means the charge imposed upon new development by the Town of Tiverton to fund all or a portion of the public facility's capital improvements affected by the new development from which it is collected;

(E)

Proportionate share means that portion of the cost of system improvements which reasonably relates to the service demands and needs of the project; and

(F)

Public facilities means:

(1)

Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;

(2)

Storm water collection, retention, detention, treatment, and disposal facilities, flood control facilities, bank and shore projections, and enhancement improvements;

(3)

Parks, open space areas, and recreation facilities;

(4)

Police, emergency medical, rescue, and fire protection facilities;

(5)

Public schools, including those capital projects undertaken by the town school district to accommodate existing and future Tiverton school-age pupils. Such facilities may be located within Tiverton; and

(6)

Other public facilities consistent with a community's capital improvement program.

(G)

Capital costs of public facilities are expenditures for the acquisition of fixed assets or additions to fixed assets and expenditures for site acquisition, construction, design, site development, necessary off-site improvements, capital equipment pertaining to such facilities, and debt service to finance such capital costs.

(H)

Independent fee calculation study means the demographic and/or capital facilities impact documentation prepared by a fee payer to allow the determination of the impact fee other than by the method established by this article.

(Ord. of 11-13-07)

(A)

Any person applying, after the effective date of the ordinance from which this article is derived, for any building permit for one or more new single family, duplex, or multiple family dwelling units with more than one bedroom is hereby required to pay a public facilities impact fee in the manner and amount set forth in this article. Additions and remodeling do not require an impact fee.

(B)

The requirement of funds for provision of public facilities shall be based upon needs as established by the needs assessment and shall be consistent with the policies stated therein. The building official is charged with the administration of the section.

(C)

A fee schedule per residential dwelling unit shall be established by the town council in the needs assessment for the fiscal year, which may amended from year to year, based on the town's needs.

(D)

The fee payer is required to pay the fee as established annually by the town council. If a fee payer disputes the impact fee determined as described herein, then the fee payer may appeal the decision of the building official to the zoning board of review in accordance the zoning ordinance and may submit an independent fee calculation study for the land development activity for which a building permit is sought.

(Ord. of 11-13-07)

The impact fee is set forth in section 4(B) of the needs assessment report and shall be the required methodology in this article.

(Ord. of 11-13-07)

The fee payer shall be assessed the facilities impact fee required by this article upon application for a building permit, to the building official and shall be collected in full prior to the issuance of a building permit.

(Ord. of 11-13-07)

(A)

There is hereby established a separate capital facilities impact fee proprietary fund to be administered by the town treasurer, pursuant RIGL section 45-22.4-5(a)(1). All funds collected shall be properly identified and promptly deposited in this special proprietary fund, which shall be invested in government insured or government backed instruments only with all interest accruing to the proprietary fund and used solely for the purposes specified in this article.

(B)

Within eight years of the date of collection, impact fees shall be expended or encumbered for the construction of public facilities capital improvements of reasonable benefit to the development paying the fees and that are consistent with the capital improvement program. The construction, expansion or renovation of new school facilities anywhere in the town or in any regional school district shall be deemed to be such reasonable benefit.

(C)

Where the expenditure or encumbrance of fees is not feasible within eight years, the town may retain impact fees for a longer period of time if there are compelling reasons for the longer period. In no case shall impact fees be retained longer than 12 years.

(D)

Funds withdrawn from this account must be used in accordance with the provisions of section 9 of this article.

(Ord. of 11-13-07)

(A)

Funds collected from capital facilities impact fees and deposited in the capital facilities impact fee proprietary fund by the town treasurer are for the purpose of constructing such facilities as described in the needs assessment report. Such funds shall be spent solely to acquire, construct, expand, and equip the capital facilities identified in the report.

(B)

Funds may be used to make refunds required by section 11 of this article.

(Ord. of 11-13-07)

Any application for a building permit (not foundation permit) that has been submitted and has been deemed complete prior to the adoption of the ordinance from which this article is derived, shall have vested rights to proceed with the application and receive a building permit or CO without requiring the payment of an impact fee.

(Ord. of 11-13-07)

(A)

Any funds not expended or encumbered by the end of the calendar quarter immediately following eight years, or 12 years if section 8(C) of this article applies, from the date the capital facilities impact fee was paid, shall be refunded to the current owner of record for the assessor's plat and lot for which the fee was paid. The refund shall include interest on the original fee amount, equal only to the actual interest that the town treasurer may have accrued through an investment account or similar interest bearing account.

(B)

The town shall notify the said current owner of record by certified letter, return receipt requested, that a refund of impact fees is due for the reasons provided in section 11(A). Said current owner of record may respond and submit an application for a refund to the building official within one year from the date of receipt of the town's notice. Failure to respond within the specified time period shall indicate a waiver for such refund.

(C)

If the town council were to act to terminate any or all impact fee requirements, all unexpended or unencumbered funds shall be refunded as provided above. Upon the finding that any or all fee requirements are to be terminated, the Town shall place a notice of termination and availability of refunds in a newspaper of general circulation within the Town of Tiverton at least two (2) times. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds may be transferred to the general fund and used for any public purpose. The Town is released from this notice requirement if there are no unexpended or unencumbered balances within a fund or funds being terminated.

(Ord. of 11-13-07)

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

(A)

Impact fees shall not be imposed for remodeling, rehabilitation, or other improvements to an existing structure where the use is not changed.

(B)

Impact fees shall not be imposed for the construction of accessory buildings or structures which will not add a dwelling unit.

(C)

Impact fees shall not be imposed for rebuilding a damaged structure, including the replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use.

(D)

Any new housing units that meet the definition of "low or moderate income housing" in article XII, section 2.h of the Tiverton Zoning Ordinance, or that is part of a Low or Moderate Income Housing development approved by a comprehensive permit and that has been granted comprehensive permit master plan approval prior to the effective date of the ordinance from which this article is derived, to the extent of the applicable units set forth in such Master Plan approval.

(E)

Any units that are part of a development which is restricted to housing persons over the age of 55 are exempt from school related impact fees, but are subject to all other municipal capital impact fees.

(Ord. of 11-13-07)

The ordinance from which this article is derived shall take effect upon passage (July 30, 2007), provided however, that impact fees shall not be imposed on applications for building permits submitted and accepted as complete before November 14, 2007. The ordinance from which this article is derived shall supersede any and all ordinances inconsistent herewith.

(Ord. of 11-13-07)