[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.
