This article authorizes the establishment of
an impact fee on land development in the Town of Lincoln for providing
new and/or expanded capital facilities within the Town of Lincoln
which are necessitated by such new development.
As used in this section, the following words
have the meanings stated in this section:
CAPITAL COSTS OF PUBLIC FACILITIES
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.
CAPITAL IMPROVEMENT PROGRAM
That component of the Town's budget that sets out the need
for public facility capital improvements for public 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.
CAPITAL IMPROVEMENTS
Improvements with a useful life of 10 years or more, which
increases or improves the service capacity of a public facility.
DEVELOPER
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 facilities and
which requires the issuance of a building permit for one or more residential
buildings.
IMPACT FEE
The charge imposed upon new development by the Town of Lincoln
to fund all or a portion of the public facility's capital improvements
affected by the new development from which it is collected.
INDEPENDENT FEE CALCULATION STUDY
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.
PROPORTIONATE SHARE
That portion of the cost of system improvements which reasonably
relates to the service demands and needs of the project.
PUBLIC FACILITIES
A.
Roads, streets, and bridges, including rights-of-way,
traffic signals, landscaping, and local components of state and federal
highways;
B.
Stormwater collection, retention, detention,
treatment, and disposal facilities, flood control facilities, bank
and shore projections, and enhancement improvements;
C.
Parks, open space areas, and recreation facilities;
D.
Police, emergency medical, rescue, and fire
protection facilities;
E.
Public schools, including those capital projects
undertaken by the Town or school district to accommodate existing
and future Lincoln school-age pupils. Such facilities may be located
within Lincoln or within any regional area; and
F.
Other public facilities consistent with a community's
capital improvement program.
The impact fee is set forth in Section 4C of
the needs assessment report and shall be the required methodology
in this article.
[Amended 10-16-2007 by Ord. No. 07-18]
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 upon
the issuance of a certificate of occupancy or other final action authorizing
the intended use of a structure.
Any application for a building permit (not foundation
permit) that has been submitted and has been deemed complete prior
to the adoption of this amendment shall have vested rights to proceed
with the application and receive a building permit without requiring
the payment of an impact fee.
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 residential
dwelling unit. This exemption does not apply to accessory nonresidential
additions or detached structures.
C. Impact fees shall not be imposed for the complete
replacement of a building or structure with a new building or structure
of the same use.
[Amended 3-16-2010 by Ord. No. 2010-4]
D. Any new residential housing units that meet the definition
of "affordable housing" by Rhode Island Housing are exempt from impact
fees.
E. All impact fees shall be waived for building applications filed in
the two calendar years commencing April 1, 2013.
[Added 8-16-2011 by Ord. No. 2011-8; amended 11-20-2012 by Ord. No. 2012-10; 4-23-2013 by Ord. No. 2013-3]