This article authorizes the establishment of impact fees on land development in Charlestown.
A. 
The State of Rhode Island through the enactment of the Rhode Island Comprehensive Planning Act of 1988 and the Zoning Enabling Act of 1991 (RIGL Sec. 45-24-30) has sought to encourage municipalities to enact innovative land development regulations and techniques.
B. 
Rhode Island General Laws 45-22.4 et seq. authorizes municipalities to impose impact fees on new development that bear a proportionate share of the cost of a public facilities' capital improvements affected by the new development from which it is collected and which reasonably relates to the service demands and needs of the new development.
C. 
New development has necessitated capital improvements to public facilities in the Town that must be borne by general tax revenues.
D. 
Development of additional dwelling units places additional students in the public schools of the Chariho Regional School District and the Charlestown school system necessitating the acquisition of school sites, the expansion of existing educational facilities, the construction of new educational facilities and improvements and expansion to public facilities owned and/or operated by the Town of Charlestown.
E. 
The impact fees established by this Article are derived from, based upon, and bear a proportionate share of the cost of a public facilities' capital improvements affected by the new development from which the fee is collected and which reasonably relates to the service demands and needs of the new development. Such costs are further established by the Capital Budget and Capital Improvement Programs for the Town of Charlestown and/or the Chariho Regional School District.
F. 
The report entitled "Town of Charlestown, Rhode Island Growth Management Program, Phase 2 - Impact Fees," dated February 16, 2000, sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of additional new public facilities in Charlestown.
A. 
The fees established by this Article are consistent with and are intended to assist in the implementation of the Charlestown Comprehensive Plan.
B. 
The purpose of this Article is to assess new development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide improvements to public facilities.
A. 
Any person, after the effective date of this Ordinance, applying for a residential building permit; an extension of a residential building permit issued prior to the effective date of this Ordinance; converting any property previously exempted from this Ordinance to a non-exempt dwelling unit(s); converting any property from a non-residential use to residential; is hereby required to pay a Capital Improvements impact fee in the manner and amount set forth in this Ordinance.
B. 
Exemptions: The following shall be exempted from payment of the Capital Improvements 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.
(1) 
Alterations or expansion of an existing residence.
(2) 
The construction of accessory buildings or structures.
(3) 
The replacement of a destroyed or partially destroyed residential building.
(4) 
Nonresidential buildings and structures are exempt.
The requirement of funds for provision of public facilities shall be based upon needs as established by the Capital Budget and Capital Improvement Programs and of the Town of Charlestown and/or the Chariho Regional School District and shall be consistent with the policies stated therein. The Building Official is charged with the administration of the Section. The fee amount shall be based upon the following:
A. 
A Capital Improvements impact fee schedule per residential dwelling unit shall be established by the Town Council annually for the fiscal year, as part of the Town's adopted Capital Budget and Capital Improvement Programs and Town Budget.
B. 
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 with § 218-25 and may submit an independent fee calculation study for the land development activity for which a building permit is sought. Any such study submitted shall show the basis and methodology, including all supporting documentation and authority, upon which the independent fee calculation was made.
A. 
The impact fee required by this Ordinance shall be paid to the Building Official prior to the issuance of a building permit.
B. 
All funds collected shall be properly identified and promptly transferred for deposit in the Capital Improvements Impact Fee Trust Fund to be held in a separate account as determined in § 218-101 of this Ordinance and used solely for the purposes specified in this Ordinance.
A. 
There is hereby established a separate Capital Improvements Impact Fee Trust Fund to be administered by the Town Treasurer. All funds previously collected by the Town under the provisions of the predecessor ordinance to this Article shall be promptly transferred into this account and expended consistent with the requirements of this Ordinance.
B. 
The Town Treasurer may invest unused portions of the Trust Fund, provided that sufficient amounts are available to make payments for the use of the funds are provided herein.
C. 
Funds withdrawn from this account must be used in accordance with the provisions of § 218-102 of this Ordinance.
A. 
Funds collected from Capital Improvements impact fees and deposited in the Capital Improvements Impact Fee Trust Fund by the Town Treasurer shall be used for the sole purpose of undertaking improvements to public facilities as set forth in the Capital Budget and Capital Improvement Programs of the Town of Charlestown and the Chariho Regional School District necessitated by new development.
B. 
Whenever the funds retained in the Capital Improvements Trust Fund are used for public facilities improvements in the Chariho Regional School District, the Town of Charlestown and the Chariho Regional School District shall enter into an appropriate memorandum of agreement to assure the proper use of the funds collected pursuant to this Ordinance.
C. 
Funds may be used to make refunds required by § 218-103 of this Ordinance.
A. 
If impact fees collected under the provisions of this Ordinance are not expended or encumbered within the period established in § 45-22.4-5,[1] the Town Treasurer shall refund to the fee payer or his or her successors the amount of the fee paid and accrued interest. The Town Treasurer shall notify the fee payer at the last known address by certified mail within one year of the date on which the right to claim refund arises. All refunds due and not claimed within one year shall be retained by the Town.
[1]
Editor's Note: See R.I.G.L. § 45-22.4-5.
B. 
If the Town Council seeks to terminate any or all impact fee requirements and the expenditure of impact fees, all unexpended or unencumbered funds shall be refunded as provided above. Upon the finding by the Town Council that any or all fee requirements are to be terminated, the Town Treasurer shall place a notice of termination and availability of refunds in a newspaper of general circulation in the community 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.
The effective date of this Article for the purpose of assessing the Capital Improvements impact fee established herein shall be the date of its enactment. Any application for a building permit shall be subject to the Capital Improvements impact fee as required herein. This Article shall supersede any and all ordinances inconsistent herewith.