[HISTORY: Adopted by the Town Council of the Town of East Greenwich as indicated in article histories. Amendments noted where applicable.]
STATE LAW REFERENCES
Taxation of farm, forest and open space land — R.I.G.L. § 44-27-1 et seq.
[Adopted 6-22-1993 by Ord. No. 595 as Sec. 10-1 of the 1993 Code]
[Amended 8-13-1991 by Ord. No. 566; 9-8-1992 by Ord. No. 579; 4-12-1994 by Ord. No. 605; 12-8-2003 by Ord. No. 739; 9-27-2004 by Ord. No. 748; 9-26-2005 by Ord. No. 759; 9-25-2006 by Ord. No. 774; 11-6-2006 by Ord. No. 781; 12-17-2007 by Ord. No. 786.3; 2-11-2008 by Ord. No. 788; 9-26-2011 by Ord. No. 818; 3-14-2016 by Ord. No. 849; 6-13-2016 by Ord. No. 855]
The schedule of fees and charges set forth in this section shall become part of the Code of the Town and shall apply with regard to all valid ordinances establishing a fee and/or charge. Except as to the amount of the fee and/or charge established, no ordinance presently in effect shall be amended in any way by this section.
Alcoholic beverage license fees, annual:
Class A (package store): $1,000.
Class B (limited): $350.
Class B-V (victualer): $1,250.
Class B-T (tavern): $1,250.
Class C: $700.
[Amended 4-24-2017 by Ord. No. 868]
Class D (club, full privilege): $800.
Class E (druggist): $10.
Class F (19 hours, beer/wine): $15.
Class F-1 (19 hours, alcoholic beverages): $35.
Class T (theater): $200.
[Added 4-24-2017 by Ord. No. 868]
Transfer application: $215.
[Added 4-24-2017 by Ord. No. 868]
Application for outdoor sidewalk liquor service: $150.
[Amended 10-24-2016 by Ord. No. 861]
Animals and fowl licensing fees:
Dog license, per year: $8.
Amount of dog license fee set aside for enforcement of laws pertaining to animals: $2.
Kennel license, per year: $25.
Impoundment fees, per day: $10.
License to keep swine, per swine: $0.50.
License to keep swine, minimum, per year: $5.
Amount of dog license fee set aside to fund a spay/neuter program: $1.
Building permit fee schedules: § 38-4 of the Code of the Town of East Greenwich is incorporated in this section as though set forth in full.
Drainlayer licensing fee, per year: $50.
Flea market (fee includes authorized food vendors on premises):
Main operator's license, per day: $100.
Flower vendor's permit: $100.
Garbage and municipal waste disposal area fees:
Per load in excess of 12 loads per year: $2.
Laundry license: $10.
Marriage license: $24.
Mechanical, electric and plumbing permit fees: See Subsection A(4), Building permit fee schedules.
Residential development permits: See Subsection A(43), Subdivisions, residential and nonresidential.
Special events, shows and exhibitions, operator's license (shows, exhibitions, carnivals, circus, fairs, etc.):
Fee, per day (includes authorized food vendors on premises): $100.
Soil erosion and sedimentation control. NOTE: Plan review fees and inspection fees for residential site plans are required for proposed subdivisions. Once a subdivision is approved, individual residential lots may be subject to additional review and inspection fees.
Reinspection fees, per lot: $17.
Excavation permit fee: $5, plus 1% of estimated cost of street restoration in excess of $500.
Subdivisions, residential and nonresidential: review fees, as established in Chapter A263 of the Code of the Town of East Greenwich.
Vehicles and traffic:
Residential overnight parking permit: $25 per year, payable with submission of application.
Weights and measures: fees as provided by state law, including all amendments thereto.
Bed-and-breakfast homes, per year: $50.
Zoning certificate fee: $55.
[Adopted 4-9-2012 by Ord. No. 820]
The Town Council of the Town of East Greenwich finds, determines and declares that, in accordance with R.I.G.L. § 45-22.4-1 et seq., the Town has conducted a needs assessment (Tischler, 2001) and a "Review of Impact Fees," dated October 18, 2008. Further review in Winter 2011-2012 resulted in use of an updated annual capital improvements program (CIP) to identify those capital investments required to meet the needs created by growth in population, housing and business establishments going forward into the future.
As used in this article, the following terms shall have the meanings indicated:
- AFFORDABLE HOUSING
- Residential housing that has a sales price or rental amount that is within the means of a household that is moderate income or less. In the case of dwelling units for sale, housing that is affordable means housing in which principal, interest, taxes (which may be adjusted by state or local programs for tax relief) and insurance constitute no more than 30% of the gross household income for a household with less than 120% of the area median income, adjusted for family size. In the case of dwelling units for rent, housing that is affordable means housing for which rent, heat and utilities other than telephone constitute no more than 30% of the gross annual household income for a household with 80% or less of area median income, adjusted for family size. To meet the definition of "affordable," housing must carry a deed restriction guaranteeing that affordability for a period of not less than 30 years.
- A room located within a dwelling or dwelling unit intended to be used for sleeping purposes.
- A. Such room(s) shall consist of the following:
- (1) A minimum of 70 square feet with no horizontal dimension less than seven feet;
- (2) A minimum finished ceiling height of seven feet six inches for not less than 50% of the required room area;
- (3) At least one window meeting the definition of "emergency escape and rescue window" per the Rhode Island State Building Code (R1 SBC-2) or an exterior door which leads directly to the outside; and
- (4) An operable interior door which provides privacy to the room.
- B. In such cases where a dwelling or dwelling unit contains additional rooms meeting the minimum criteria for a bedroom, but are identified by the owner or applicant for other purposes (i.e., bonus room, office, study, etc.), the Building Official shall determine the total number of rooms defined as bedrooms and may rely on the Rhode Island State Building Code and/or Rhode Island Department of Environmental Management (RI DEM) guidelines to edify the interpretation.
- CAPITAL IMPROVEMENT PROGRAM
- That component of the municipal budget that sets out the need for public facility and equipment capital improvements, the cost 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 increase or improve the service capacity of a public facility.
- A person or legal entity undertaking development.
- FEE PAYER
- A person obtaining a building permit for an activity requiring payment of an impact fee pursuant to § 93-4 of this article and any successor in interest of such person.
- IMPACT FEE
- The charge imposed upon new development to fund all or a portion of the capital improvements affected by the new development from which it is collected.
- PROPORTIONATE SHARE
- That portion of the cost of system improvements which reasonably relates to the service demands and needs of the project.
- The Town of East Greenwich.
Any developer who, on or after passage of this article, seeks to develop land within the Town of East Greenwich by applying for a building or alteration permit is hereby required to pay impact fees in the manner and amount set forth in this article, unless exempted by § 93-9 hereof.
Alteration of existing development requiring a permit that increases the number of bedrooms, as defined in § 93-3 above, shall pay impact fees on the additional bedrooms or floor area.
No certificate of occupancy shall be issued for any development which was constructed or altered pursuant to a building or alteration permit issued on or after passage of this article until all impact fees required by this article, calculated as of the date of issuance of the building permit, have been paid in full.
The fee payer shall pay the impact fees required by this article to the Town Manager or his/her designee prior to the issuance of a certificate of occupancy.
All funds collected shall be promptly transferred for deposit into a special proprietary fund to be held and used solely for the purposes specified in this article. Said funds shall be invested with all interest accruing to the trust fund.
Within eight years of the date of collection, capital improvements impact fees shall be expended or encumbered for the construction of public facilities or acquisition of equipment of reasonable benefit to the development paying the fees and that are consistent with the capital improvement program.
Where the expenditure or encumbrance of fees is not feasible within eight years, the Town Council 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.
In the event that bonds or similar debt instruments are issued for advance provision of capital facilities or equipment for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments.
At least once each fiscal year, the Town Manager shall present to the Town Council a proposed impact fee fund utilization plan for eligible facilities and equipment. This plan shall recommend expenditure of impact fee funds, including any accrued interest, for specific projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal year shall be retained in an impact fee fund until the next fiscal year, except as provided by the refund provisions of this article.
The Town may recoup costs of excess capacity in existing capital facilities, where the excess capacity has been provided in anticipation of the needs of new development, by requiring impact fees for that portion of the facilities constructed for future users. The need to recoup costs for excess capacity must have been documented by a preconstruction or pre-acquisition assessment that demonstrated the need for the excess capacity. The fees imposed to recoup the costs to provide the excess capacity must be based on the Town's actual cost of acquiring, constructing, or upgrading the facility and must be no more than a proportionate share of the costs to provide the excess capacity. That portion of an impact fee deemed recoupment is exempted from the provisions of § 93-6A hereof.
If impact fees are not expended or encumbered within the period established in § 93-6, the Town shall refund to the fee payer or his or her successors the amount of the fee paid and accrued interest. The Town shall send the refund to the fee payer at the last known address by certified mail within one year of the date on which the right to claim the refund arises. All refunds due and not claimed within one year shall be retained by the Town.
If the Town seeks 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 in the community at least two 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.
Exemptions. The following shall be exempted from payment of an impact fee:
Remodeling, rehabilitation or other improvements to an existing structure or rebuilding a damaged structure, unless there is an increase in the number of bedrooms, as defined in § 93-3, for which an impact fee is collected. Impact fees shall be imposed when property which is owned or controlled by federal, state or Town government is converted to private ownership or control.
The construction of accessory buildings or structures to a residential use which do not increase the number of bedrooms, as defined in § 93-3.
The construction of housing units that will meet the definition herein of "affordable housing" shall be exempt from payment of an impact fee.
Land and/or capital improvements may be offered by the fee payer as total or partial payment of the required impact fee. The need for the dedication or construction must be clearly documented in the Town's capital improvement program or Comprehensive Community Plan. The land proposed for dedication or the facilities to be constructed will not be accepted unless the Town Manager determines them to be appropriate for the proposed purpose. The offer must specifically request or provide for an impact fee credit. If the Town Manager accepts such an offer, the credit shall be determined and provided in the following manner:
Credit for the dedication of land shall be valued at 100% of the most recent assessed value by the Town Tax Assessor or by fair market value established by a private appraiser acceptable to the Town Manager. Credit for the dedication of land shall be provided when the property has been accepted by the Town Council and conveyed at no charge to the Town.
Applicants for credit for construction of improvements shall submit acceptable engineering drawings and specifications and construction cost estimates to the Town Manager, who shall determine the 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 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 his or her agreement to the terms of the letter or certificate and 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.
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 Manager, when applicable.
Any claim for credit must be made no later than the time of application for a building permit unless an extension of time is granted by the Town Manager for good cause shown.
This fee schedule shall be adjusted annually on the anniversary date of passage of this article by the same percentage as the annual change in construction costs reflected in the index published by the Engineering News Record.
[Amended 3-14-2016 by Ord. No. 849]
A violation of this article shall be prosecuted in accordance with Chapter 1, Article III, General Penalty, of the East Greenwich Code; however, in addition to or in lieu of any criminal prosecution, the Town shall have the power to commence suit in any court of competent jurisdiction to seek damages and/or equitable relief to enforce the provisions of this article.
Editor’s Note: Former Article III, Affordable Housing Development Fees, adopted 11-6-2006 by Ord. No. 778, which immediately followed, was repealed 10-26-2015 by Ord. No. 845.