[Ord. No. 04-21A, § 1, 10-6-2004; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-04, § 1, 2-21-2007]
This article authorizes the establishment of fair share development impact fees on land development in Cumberland.
[Ord. No. 04-21A, § 1, 10-6-2004; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-04, § 1, 2-21-2007]
(a) 
In accordance with G.L. 1956, Chapter 45-22.4 the Rhode Island Development Impact Fee Act, 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 Cumberland in order to protect the public health, safety and general welfare of the citizens of Cumberland.
(b) 
It is the intent of the Town Council by enactment of this article to ensure that adequate public facilities are available to serve new growth and development, to ensure that new growth and development does not place an undue financial burden upon existing taxpayers, and to 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.
(c) 
The Town Council adopts the findings of and methodology for impact fees that are contained in the Town of Cumberland Fair Share Development Impact Fee Report, dated September 22, 2004, prepared by the Town of Cumberland Planning and Development Department ("Fair Share Development Fee Report"). The report outlines the needs assessment for the type of facilities for which development fees are to be levied and provides the data sources and the methodology upon which the fees are based. The report is on file at the Town Clerk's office and is available for examination by the public upon request.
[Ord. No. 04-21A, § 1, 10-6-2004; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-27, § 1, 7-16-2008]
(a) 
Any person or entity who constructs a new residential dwelling unit ("applicant") shall be required to pay an impact fee in the manner set forth in this article provided, however, an impact fee shall not be required or paid whenever a new residential dwelling unit is built as a replacement of a structure that does not result in an increase in the number of dwelling units and/or number of bedrooms.
(b) 
The holder of a foundation permit issued prior to the effective date of the ordinance from which this article derives shall not be exempt from the payment of an impact fee.
[Ord. No. 04-21A, § 1, 10-6-2004; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-04, § 1, 2-21-2007]
(a) 
A fee schedule for impact fees shall be established by the Town Council annually. The first year shall be based upon the fair share development impact fee report. Thereafter, the fee schedule shall be based upon an annual status report ("status report") that will be presented to the Town Council by the director of planning and development, with the assistance of the Building Official and the finance director, prior to the adoption of the Town's capital improvement program. The status report shall document revisions to the needs assessment, methodology, data sources, and figures upon which the fees are based. The status report shall also document the amount of fees collected over the previous fiscal year, how the monies have been expended, and whether there are anticipated expenditures in the future.
(b) 
If a residential building permit is sought for a type of development that is not specified in the fee schedule, the Building Official shall assess the impact fee based upon the most comparable type of land use on the fee schedule.
[Ord. No. 04-21A, § 1, 10-6-2004; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-27, § 1, 7-16-2008]
(a) 
Impact fees shall not be imposed for remodeling, rehabilitation, or other improvements to an existing structure, or rebuilding or replacement of a structure that does not result in an increase in the number of dwelling units and/or number of bedrooms.
(b) 
Impact fees shall not be imposed on low and moderate-income dwellings. "Low and moderate income dwelling units" are defined by the Rhode Island Low and Moderate Income Housing Act, G.L. 1956, § 45-53-3(5). Only the dwelling units deemed affordable, as defined in said Act, are exempt from the requirements of this section. All other units in a low and moderate-income housing project are subject to the impact fees.
(c) 
The school development fee shall not be imposed on dwelling units that are located within a retired adult or elderly housing development if such units are permanently restricted for occupancy by at least one person over the age of 55. Satisfactory evidence of enforceable restrictions shall be attached to the building permit application.
[Ord. No. 04-21A, § 1, 10-6-2004; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-04, § 1, 2-21-2007]
Impact fees shall be administered in accordance with the Rhode Island Development Impact Fee Act, as amended.
(1) 
Assessment. Impact fees shall be assessed upon the issuance of a building permit or other appropriate permission to proceed with development.
(2) 
Collection. Impact fees shall be collected in full upon application for the issuance of a certificate of occupancy, or other final action authorizing the intended use of a structure.
(3) 
Funds. Impact fees collected shall be deposited in a restricted interest bearing account, which shall be used solely for the purposes specified in this article. Interest earned by the account shall accrue to the account.
(4) 
Expenditure. Impact fees shall only be expended for the intended purpose of providing capital improvements that reasonably relate to the service demands and needs of new residential development and in accordance with the fair share impact fee report or status report. Impact fees shall not be used in lieu of regular capital improvement funds.
[Ord. No. 04-21A, § 1, 10-6-2004; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-04, § 1, 2-21-2007]
(a) 
Generally. Land dedication and/or capital improvements may be offered by the applicant as an alternative to payment of a required impact fee if the total value of the applicant's contribution is equal to, or exceeds, the amount of the particular fee involved. Land dedication and/or capital improvements cannot partially satisfy a particular impact fee.
(1) 
Arrangement for land or capital improvements in lieu of parkland impact fee. If the residential development involves a subdivision or land development project, the Planning Board, in consultation with the parks and recreation director and conservation commission, shall have the authority to approve of the arrangement for land and/or capital improvements in lieu of the parkland fee. For residential development of existing lots of record that do not require Planning Board approval, the Town Engineer, in consultation with the parks and recreation director and conservation commission, shall have the authority to approve of the arrangement. The Town Engineer shall provide documentation of the arrangement to the director of planning and development upon his or her approval.
(2) 
Arrangement for land or capital improvements in lieu of school impact fee. The Town Council shall have the sole authority to approve an arrangement for land and/or capital improvements in lieu of the school impact fee.
(b) 
Valuation.
(1) 
Land dedications. Land in lieu of an impact fee shall be valued at the Town tax assessor's most recent assessed value for the parcel. Alternatively, the applicant may present a private appraisal of the fair market value to the Town tax assessor. The Town tax assessor is the final arbiter of the value of the land to be dedicated. The Town tax assessor shall provide the applicant with a letter or certificate setting forth the value of the land, which shall be provided to the authority approving the arrangement. The applicant shall provide such letter or certificate to the Building Official upon application for a building permit. When assessing impact fees, the Building Official shall not take into consideration the value of the land dedication until the land has been conveyed by warranty deed to, and accepted by, the Town.
(2) 
Capital improvements. The Town Engineer shall use construction estimates to value capital improvements that will be made in lieu of an impact fee. The construction estimates shall be based upon engineering drawings and specifications submitted by the applicant. The engineering drawings and specifications must be deemed acceptable to the Town Engineer. The Town Engineer shall provide the applicant with a letter or certificate setting forth the value of improvements, which shall be provided to the Planning Board if the residential development involves a subdivision or land development project. The applicant shall provide such letter or certificate to the Building Official upon application for a building permit. All capital improvements must be constructed to the satisfaction of the Town Engineer. When assessing impact fees, the Building Official shall not take into consideration the value of capital improvements until construction is complete and accepted by the Town, or a suitable performance bond is received.
(c) 
Ineligible land dedications and capital improvements. Land dedications and capital improvements required by the zoning ordinance or land development and subdivision regulations as a (Appendix B of this volume) condition of approval shall not qualify for land dedication or capital improvements in lieu of an impact fee. Land being dedicated to the Town to meet the open space requirements of residential cluster subdivisions or planned unit developments shall not qualify for land dedication in lieu of an impact fee.
(d) 
Relationship to adopted plans. The need for the dedication of land or capital improvements in lieu of fees must be clearly documented in the Town's capital improvement plan, comprehensive community plan, or other plan developed for, or adopted by, the Town. The nature of the land dedication must be suitable for the intended use.
[Ord. No. 04-21A, § 2, 10-6-2004; Ord. No. 07-04, § 1, 2-21-2007; Ord. No. 07-04, § 1, 2-21-2007]
(a) 
The Town Council is the sole authority that can waive or otherwise alter the requirements of this [article]. No petition for such waiver or adjustment shall be approved unless there is substantial documented evidence in support thereof.
(b) 
An appeal of a decision of the Building Official, Planning Board, Town Engineer, or tax assessor strictly relating to this ordinance shall be taken to the Town Council.
[Ord. No. 04-21A, § 2, 10-6-2004; Ord. No. 07-04, § 2, 2-21-2007; Ord. No. 07-27, § 1, 7-16-2008]
This article shall take effect upon passage of ordinance number 07-04 pursuant to the provisions of the Home Rule Charter and shall be retroactive to October 20, 2004. Building permit applications submitted and accepted as complete before February 15, 2005, and issued prior to May 14, 2005, shall not be subject to this article nor shall any building permit issued on and after August 10, 2007 for the replacement of a structure that does not result in an increase in the number of dwelling units and/or bedrooms be assessed an impact fee under this article.