Chapter 14 - BUILDINGS AND BUILDING REGULATIONS
Part of the Code of Ordinances of Exeter, RI.
The text
Footnotes:
--- (1) --- Cross reference— Environment, ch. 22; manufactured homes and trailers, ch. 26; natural resources, ch. 30; solid waste, ch. 34; streets, sidewalks and other public places, ch. 38; nonissuance and nonrenewal of licenses or permits to applicants or licensees in arrears in taxes, liens and assessments, § 42-1; waterways, ch. 50; zoning, app. A.
State Law reference— State building code, G.L. 1956, § 23-27.3-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 14-1. - Storage of building materials, machinery or construction vehicles within public right-of-way.#
No person shall store building materials, machinery or construction vehicles within a public right-of-way without the prior written approval of the building inspector and the public works director. Where staging or other apparatus or material is to be stored or erected within a public right-of-way, suitable barriers and lighting shall be provided, together with an alternative pedestrian walkway. All rubbish and other discarded material shall be removed from the premises by the builder or his agent.
(Ord. of 4-22-68, § 6(b), (c))
Secs. 14-2—14-30. - Reserved.#
ARTICLE II. - BUILDINGS#
Footnotes:
--- (2) --- State Law reference— State Building Code, G.L. 1956, § 23-27.3-1 et seq.; inspection of buildings where combustible materials accumulate, G.L. 1956, § 23-28.5-1 et seq.; notice to vacate unfit dwellings, G.L. 1956, § 23-19.2-8; housing maintenance and occupancy code, G.L. 1956, § 45-21.3-1 et seq.; minimum housing standards, G.L. 1956, § 45-24.2-1 et seq.; plumbers, G.L. 1956, § 5-20-1 et seq.; electricians, G.L. 1956, § 5-6-1 et seq.; electrical code, G.L. 1956, § 23-27.3-5; plumbing code, G.L. 1956, § 23-27.3-3.
DIVISION 1. - GENERALLY#
Sec. 14-31. - Numbering of buildings and lots.#
(a)
Preamble. Acting under the authority granted under Section 45-6-1 of the G.L. 1956 as amended, the town council hereby ordains this section establishing a uniform system for the numbering of residential, commercial, and industrial buildings and lots in the town. All buildings in the town shall display street numbers in accordance with the provisions of this section.
(b)
Purpose. The standards set forth in this section are made for the purpose of promoting the public health and safety by providing a means of locating residential and other structures by police, fire, and other emergency services and for such other purposes requiring the location of residential and other structures as may be required.
(c)
Administration. This building and lot numbering system shall be administered by the town council, through the 911 coordinator, who shall assign building numbers to all residential, commercial, and industrial structures and lots in conformity with the plan developed pursuant to this section. The town council shall be responsible for the enforcement of this section. The town council, through the 911 coordinator, shall also be responsible for maintaining the following official records of this numbering system:
(1)
A town map for official use showing said numbering system.
(2)
A town-wide alphabetical list of property owners by last name, showing the assigned numbers.
(3)
A town-wide alphabetical list of streets with property owners listed in order of their assigned numbers.
(d)
Numbering system. The following criteria shall govern the development of the numbering system and the assignment of numbers:
(1)
Number interval. Each 50 feet of every street shall be assigned one odd number and one even number on each side of the street.
(2)
Odd and even numbers. Odd numbers shall be on the right-hand side of all streets facing from the point of number origin to the point of number destination of each street.
(3)
Number origins. On through streets which terminate at another street at both ends, numbers shall start at the northerly end of streets which run in a generally north-south direction and shall start at the easterly end of the streets which run in a generally east-west direction. Streets running in other directions shall start numbers at whichever end is most northerly or easterly.
On dead-end streets or cul-de-sacs, numbers will start at the intersection of origin of the street and run toward the dead-end or turnaround, and the right hand rule shall apply.
Exceptions to either of the above shall be decided on a case-by-case basis. (4)
Common access. Where several residences or other structures are served by a common driveway or a private right-of-way which is not on a street recognized by the town, the number at the entrance shall apply to all residences and structures served by the drive or way and each separate residence or structure shall be identified by a suffix letter (for example, 110A) in clockwise rotation starting with the structure on the immediate right of the drive or access way. Where possible, letters shall be assigned using the same interval in feet as used on recognized streets.
(5)
Number assignment. The number assigned to each residence or other structure shall be the number which falls closest to the main entry or driveway providing access to the property as shown on the official map of street numbers.
(e)
Street names. Names shall be chosen that relate to the location and historical significance of an area.
(1)
Unacceptable street names. Numerical (1st, 2nd, 3rd, etc.), alphabetical letter (A, B, C, etc.), frivolous, complicated, undesirable, unconventional.
(2)
Affixes. Unnecessary affixes are to be avoided. Terms that may be utilized are as follows: "East," "West," "North," "South," indicating direction; "Old," "New,", to indicate changes in differing or separate roads.
(3)
Name duplication. Similar sounding names are considered to be duplication regardless of spelling. No duplication of names is to be permitted within the services of a Unites States Post Office or local public agencies such as a police or fire department.
(4)
Continuity. A continuous street, or one proposed as continuous, should bear the same name throughout, even if it changes direction.
(f)
Compliance. All owners, residents and other occupants are required to display assigned numbers in the following manner:
(1)
Number on the structure or residence. Where the residence or structure is within 50 feet of the edge of a street right-of-way, the unobstructed assigned number shall be displayed on the front of the residence or structure in the vicinity of the front door or entry way, and said number shall be viewable from the street.
(2)
Number at the street line. Where the residence or structure is over 50 feet from the edge of the street right-of-way, the unobstructed assigned number shall be displayed on a mailbox, post, fence, wall, or at the property line adjacent to the walk or access drive to the residence or structure.
(3)
Size and color of number. Numbers shall be displayed as follows: The number is to consist of numerals of at least three inches in size and be of a color that contrasts with the background on which it is placed and shall be so located as to be easily visible from the street The use of reflective numbering is strongly recommended to increase night visibility. No owner, occupant, leasee, tenant, or subtenant of any building shall display any street number other than the assigned proper street number designated by the town council, through the 911 coordinator.
(4)
Placing of numbers. Within 30 days of receipt of a verification of address or a notification of change, the owner of the building shall place the designated number or numbers on the respective building.
(5)
Interior location. All residents and other occupants are requested to post the assigned number and street name adjacent to their telephone for emergency reference.
(6)
Violations. Any person violating this section shall be punished by a fine of up to $50.00 for first violation and up to $100.00 for each succeeding violation, plus any and all associated legal fees involved in the collection thereof.
(g)
New construction. Whenever any residence or other structure is constructed or developed, it shall be the duty of the new owner to procure and post an assigned number or numbers from the town building inspector, as approved by the 911 coordinator. This shall be done at the time of the issuance of the building permit. No certificate of occupancy will be given until assigned building number is displayed as outlined in subsection (f).
(h)
New subdivisions. Any prospective subdivider shall provide a proposed lot numbering system (i.e., a grid of the maps) on the preapplication submission to the town planning board. After approval of a tentative tract map, the subdivider shall submit a street naming and numbering proposal to the planning board. The proposal shall consist of:
(1)
A map of the overall tract illustrating the streets layout, the name proposed for each street and proposed number for each lot; and
(2)
An alphabetical list of the proposed street names, together with an alternate name for each street name proposed. The planning board shall review the proposed street naming and numbering program for duplication of names, appropriateness of names, and for overall compliance with the street naming and numbering policy (see subsections (d) and (e)). The planning board may modify or amend the proposed list as it deems necessary in order to bring it into compliance with the street naming and numbering policy. The approved street names and numbering shall be included in the final map which is submitted for approval and for recordation. As a condition precedent to final approval, the 911 coordinator shall confirm in writing the assignment of numbers to the lots in the subdivision.
(Ord. of 8-3-92, §§ 1—8)
Editor's note— Ord. of Aug. 3, 1992, §§ 1—8, did not specifically amend the Code. Hence, its inclusion herein as section 14-31 was at the discretion of the editor.
Secs. 14-32—14-50. - Reserved.#
DIVISION 2. - PERMIT FEES#
Footnotes:
--- (3) --- State Law reference— Permit required, G.L. 1956, § 23-27.3-113.1; authority to prescribe building permit fees, G.L. 1956, § 23-27.3-118.0.
Sec. 14-51. - Schedule of fees.#
The following fees shall be remitted to the town prior to the issuance of the specified permit: (1)
Computation formula for new construction. The fees for new construction shall be computed based on the following formula:
Gross area multiplied by gross area modifier, multiplied by type of construction factor, multiplied by permit fee multiplier.
For this purpose, the following definitions shall apply: Gross area means the square footage per floor, basement, garage, etc., of the new construction.
Gross area modifier (GAM) means the latest number established by the Building Officials Code Administrators International Association (BOCA) that reflects the ratio of the cost differences between construction types. Currently, the figure is 62. The figure shall be altered at the same time and in the same manner as it is altered by BOCA.
Permit fee multipler (PFM) means the building department budget divided by the annual construction value within the town for the past calendar year. The PFM shall be adjusted annually by the building inspector, this figure is currently .0068.
Type of construction factor (TCF) means the ratio between type and use costs (from the BOCA Factor Table). This figure is currently .66.
These fees have increased 25 percent for all permits applied for after September 1, 2002.
(2)
Alterations, additions and repairs. Alterations, additions and repairs shall include the construction of fireplaces and chimneys, factory built or masonry. The fees shall be based on the following schedule keyed to the cost of construction:
Building permit fee schedule for alterations, additions, repairs, fireplaces and chimneys factory built or masonry. $0.00 $499.00 $25.00
$500.00 $999.00 $50.00
$1,000.00 $1,999.00 $75.00
$2,000.00 $4,999.00 $100.00
$5,000.00 $9,999.00 $125.00
$10,000.00 $14,999.00 $187.00
$15,000.00 $19,999.00 $250.00
$20,000.00 $24,999.00 $325.00
$25,000.00 $25,999.00 $338.00
$26,000.00 $26,999.00 $350.00
$27,000.00 $27,999.00 $363.00
$28,000.00 $28,999.00 $375.00
$29,000.00 $29,999.00 $388.00
$30,000.00 $30,999.00 $400.00
$31,000.00 $31,999.00 $413.00
$32,000.00 $32,999.00 $425.00
$33,000.00 $33,999.00 $438.00
$34,000.00 $34,999.00 $450.00
$35,000.00 $35,999.00 $463.00
$36,000.00 $36,999.00 $475.00
$37,000.00 $37,999.00 $488.00
$38,000.00 $38,999.00 $500.00
$39,000.00 $39,999.00 $513.00
$40,000.00 $40,999.00 $525.00
$41,000.00 $41,999.00 $538.00
$42,000.00 $42,999.00 $550.00
$43,000.00 $43,999.00 $563.00
$44,000.00 $44,999.00 $575.00
$45,000.00 $45,999.00 $588.00
$46,000.00 $46,999.00 $600.00
$47,000.00 $47,999.00 $613.00
$48,000.00 $48,999.00 $625.00
$49,000.00 $49,999.00 $638.00
$50,000.00 $50,999.00 $650.00
$51,000.00 $51,999.00 $663.00
$52,000.00 $52,999.00 $675.00
$53,000.00 $53,999.00 $688.00
$54,000.00 $54,999.00 $700.00
$55,000.00 $55,999.00 $713.00
$56,000.00 $56,999.00 $725.00
$57,000.00 $57,999.00 $738.00
$58,000.00 $58,999.00 $750.00
$59,000.00 $59,999.00 $763.00
$60,000.00 to no limit $763.00 + $5.00 per thousand or portion thereof in excess of $60,000.00.
(3)
Plumbing, mechanical, electrical, wood stoves, moving, demolition and sign. The fees for plumbing mechanical, electrical, wood stoves, moving, demolition and signs shall be $50.00 plus ten dollars for each $1,000.00 (or portion thereof) of project cost in excess of $1,000.00.
(4)
Additional fees for all applicants. In the event of no shows, lock-outs or failed inspections, an additional fee of $25.00 shall be assessed. Such fee must be paid to the town clerk before the issuance of a certificate of occupancy. There shall be a $50.00 fee for issuance of certificate of occupancy. The permit must be sought before construction is commenced. If the permit application follows construction start, the fee shall total 150 percent of such calculated fee. At the discretion of the building official, industrial and commercial construction plans may be submitted for state building commissioner review. Fees assessed by the state for this review are the responsibility of the applicant and must be paid in addition to and simultaneous with payment of the town assessed permit fee. Town fees for town official plan review shall also be assessed. Plan review is required for all construction except residential alterations. The plan review fee is $200.00. A $5.00 processing fee is charged for all permits.
(Ord. of 4-3-95(1), §§ 1—4; Ord. of 9-9-02(1); Ord. of 9-8-20(1))
Secs. 14-52—14-70. - Reserved.#
DIVISION 3. - MOVING BUILDINGS#
Footnotes:
--- (4) --- Cross reference— Streets, sidewalks and other public places, ch. 38.
Sec. 14-71. - Building permit required.#
Any person wishing to move a building or structure to a new location must obtain a building permit. No electric wire, telephone wire, sign, tree or shrub shall be removed in connection with such moving without the written permission of the building inspector. All such buildings or structures shall conform to the applicable provisions of the state building code.
(Ord. of 4-22-68, § 6)
Sec. 14-72. - Bond or other surety required; indemnification of town.#
Any person moving a structure or building must file with the permit application a bond or other surety satisfactory to the town solicitor, and conditioned to comply with all legal requirements and restrictions relative to the moving of buildings; to pay damages suffered by any persons by reason of any negligence of the licensee, his servants or agents in or about the moving of buildings in the town; and to indemnify and save the town harmless from all loss and damage by reason of any such negligence in moving buildings through, over, or on any public street or highway in the town; and any liability of the town therefor relative to maintaining its public highways in condition safe and convenient for pedestrian and vehicular travel of any description. Such permit may be revoked at any time by the building inspector for any violation of this division or any of the conditions of such bond.
(Ord. of 4-22-68, § 6)
Secs. 14-73—14-200. - Reserved.#
ARTICLE III. - GROWTH MANAGEMENT#
Footnotes:
--- (5) --- Editor's note— An ordinance adopted Nov. 5, 2012, deleted the former Art. III, §§ 14-201—14-213, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from an ordinance adopted Nov. 5, 2001, §§ 1—13.
Sec. 14-201. - Purpose.#
The purpose of growth management is to equitably allocate a limited number of new residential building permits over time, so as to minimize the burden on existing facilities and resources, whose adequacy is essential to the public health, safety and welfare, and in a manner which is consistent with the town comprehensive plan. It is the intent of this article to allow controlled growth in relation to the existing and future capacity of town facilities and the Exeter-West Greenwich School District (hereafter the "school district").
(Ord. of 11-5-12)
Sec. 14-202. - Findings.#
The town council, planning board, town staff and consultants have conducted a study to develop a growth management program as called for in the comprehensive plan. The study is entitled "Town of Exeter, Rhode Island, Growth Management Program," and was adopted by the town council on November 5, 2001. The town council finds that this study, together with the footnotes and sources, establishes the basis for the town's growth management program, and are all incorporated herein by reference. In addition, in 2012 the Exeter Town Council commissioned a second study entitled "Growth Management Follow-Up Report" and is adopted by reference herein.
(Ord. of 11-5-12)
Sec. 14-203. - Issuance of residential building permits.#
Issuance of building permits authorizing creation of one or more dwelling units, as defined by the town zoning ordinance, through new construction or change of use shall be allowed only under the procedures and requirements set forth herein.
A permit is equivalent to a dwelling unit. Applicants for such residential building permits shall be authorized to proceed in the manner specified herein, and in accordance with the priority assigned to them. The total number of dwelling units authorized to begin construction in any quarter shall not exceed the calculated quota as established in this article.
(Ord. of 11-5-12)
Sec. 14-204. - Calculated quota.#
There shall be a finite number of residential building permits for each quarter of each year. A quarter is defined as a three-month period that begins on the first day of January, April, July and October. The number of residential permits to be issued shall be limited in accordance with the following formula: Total permits per quarter equals the currently available seats within the school district plus any increase of seats that the school district may provide for through new construction of school facilities over the next ten years, commencing with January 1, 2013, divided by 0.6 divided by 40 quarters, and multiplied by the percentage of Exeter's current enrollment in the EWG system.
(Ord. of 11-5-12)
Sec. 14-205. - Quota established.#
It has been determined by the town council, based upon studies conducted pursuant to the comprehensive plan and studies cited in section 14-202, along with data supplied by the school district, the town's present capacity for additional dwelling units is based on the following: 2010/2011 total capacity 2,310
Plus recaptured seats—interim plan 180
Total 2,490
2010/2011 enrollment 1,835
Existing excess capacity 655
Divided by (pupil per dwelling unit ratio here) .6
(Equals number of system-wide permits in ten-year period 1091
Multiplied by the Exeter's percentage of enrollment 44.93%
Equals number of Exeter permits in ten-year period 490
Number of permits per year 49
Number of permits per quarter 12, 12, 13, 12
(Ord. of 11-5-12)
Sec. 14-206. - Subsequent quotas.#
Following the method established in section 14-205, the calculation of the formula for all subsequent quarters shall be performed by the building official and shall be submitted to the town council, the planning board and posted in the office of the town clerk not less than 30 days prior to the commencement of the quarter for which the quota is to be applied. To assist the building official in his/her calculation, the building official shall request, in writing, that the superintendent of schools supply him/her with the number of available seats in the school district based on the current capacity less the actual enrollment as of October 1 of the current school calendar year, and the increase in seat capacity, projected from January 1, 2002, to December 31, 2012, based upon any adopted plan of the school district. The building official shall monitor the school district's overall capacity by checking with the superintendent of schools every first day of October of every year to determine the system capacity and enrollment.
(Ord. of 11-5-12)
Sec. 14-207. - Effective date.#
For the purposes of this article, the effective date shall be January 1, 2013. Any application for a building permit creating one or more additional dwelling units submitted after the effective date of this article shall be subject to the review procedures set forth herein. Permit applications submitted before the effective date of this article shall not be subject to any of the quota limitations of this article. This article shall supercede any and all ordinances inconsistent herewith.
(Ord. of 11-5-12)
Sec. 14-208. - Exemptions from the quota.#
The following types of dwellings shall not be subject to the provisions of this article with regard to the calculated quota. These dwellings have been determined to have no or minimal impact upon the town's capacity or provide positive benefits to the town which are consistent with the comprehensive community plan. The building official shall accept applications for construction of the dwellings listed below and shall act upon them without regard to the quotas, priority determination and procedures as set forth in this article. All such permits issued shall be considered to be issued in addition to the calculated quota provisions of this article. Complete applications for construction of dwelling units so authorized shall be granted permits within the time limits prescribed in the state building code, regardless of the availability of permits within the quota. (1)
Affordable housing. Any housing units required to be constructed under article IX of the Exeter Zoning Ordinance.
(2)
Vested rights. An application to construct a dwelling is not subject to this section if allowed pursuant to vested rights provisions of the zoning ordinance.
(3)
Elderly housing. Dwellings which would contribute to meeting the year-round housing needs of elderly and disabled citizens through enforceable restrictions limiting occupancy to households whose members are 62 years of age or older.
(4)
Retired adult communities. Planned developments for retired citizens, with amenities, established through publicly enforceable restrictions limiting occupancy to residents whose members are 55 years of age or older.
(5)
Community residence. Any community residence as defined by R.I.G.L. § 45-24-31.
(Ord. of 11-5-12)
Sec. 14-209. - Priority issuance.#
Building permits shall be issued by the building official up to the maximum number permitted by the applicable calculated quota, in the order of priority assigned below. In the event of a tie, priority shall go to the application with the earlier date and time of the submission of a complete application. (1)
The first priority shall be given to applications for construction of low and moderate income housing. "Low and moderate income housing" is that housing developed, approved and built in accordance with the provisions of Chapter 54 of Title 45 of the R.I. General laws and the Exeter Code of Ordinances, Section 9.0 [Appendix A, Article IX].
(2)
The second priority shall be given to applications for construction of a new single-family detached dwelling provided that:
a.
The applicant owned the lot to be built before the effective date of this article; or
b.
The lot to be built upon was subdivided from a larger parcel before the effective date of this article.
This priority level shall not apply:
a.
If the applicant has previously received a permit for a new single-family detached dwelling in the town; or
b.
The lot to be built upon was under common ownership with a lot or parcel that has previously received a building permit for a new single-family detached dwelling in the town within two years prior to the date of application.
(3)
The third priority shall be given to applicants whose application for construction of a dwelling has been denied for four consecutive quarters because of the provisions of this article.
(4)
The remainder of the quota shall be issued to any other applications in the order of complete applications received.
(Ord. of 11-5-12)
Sec. 14-210. - Procedure for issuance of building permits.#
(a)
Applications for building permits for construction of one or more dwelling units shall be submitted to the building official, who shall adhere to the following procedure in reviewing and issuing permits:
(1)
Completeness. The building official shall, upon receipt of an application submitted, examine the application, plans and all materials for completeness, which shall include all plans and materials required for a building permit under the applicable provisions of the zoning ordinance and the state building code. If said application, plans and materials are complete, the building official shall stamp it indicating the date and time of official receipt by the town.
(2)
Incomplete applications. If the application is incomplete and does not contain all plans and materials as required by the zoning ordinance and the state building code, the application, plans and materials shall be returned to the applicant, within 15 days, who will be informed by the building official what is missing from the submission in order to qualify as a complete application.
(b)
The building official shall not issue permits for any dwelling units in excess of the quota unless such units are exempt, as provided in section 14-208. The building official shall keep track of all permits issued plus complete applications submitted during the most recent quarter, beginning with the effective date of this article. If, within any quarter, the number exceeds the quota, additional building permits shall no longer be issued. Applications for additional permits shall be accumulated for action at the beginning of the next quarter, and shall be prioritized and issued under the ensuing quarter.
(c)
At the beginning of the next quarter, the building official shall add the total number of complete applications on file to the total number of permits issued during the previous three quarters. In the event that the resulting sum (current quarter applications plus the previous three quarters' accumulation) is fewer than the annual quota as defined herein, accumulated permits shall be issued up to the quarterly quota limit and new applications may be processed to such limit. In the event that the resulting sum exceeds the annual quota, the accumulated permits shall not be issued and no further permits shall be issued for that quarter.
(d)
The accumulation of applications may continue from one quarter to the next and permits issued within the limitations described in subsection (c) above. Under no circumstances shall the number of building permits, other than those exempt dwellings, exceed the annual quota.
(e)
In the event that the number of building permits issued in any one year does not reach the annual quota, there shall be no carryover of permits to the following year.
(Ord. of 11-5-12)
Sec. 14-211. - Limitation on permits issued.#
In order to assure that permits for residential building construction are equitably distributed among all qualified applicants, no more than five building permits for dwelling units shall be granted to either any single applicant (including any related entity as defined below), or to any owner (including any related entity) of any single subdivision or land development project, within any quarter if doing so would result in denial of a permit for any other applicant.
Related entity means, with respect to a specific person, group of people, or corporation ("party"): (1)
Such party's spouse or parents, children, grandparents, grandchildren or siblings (blood or adopted);
(2)
A trustee of a trust for the benefit of such party, or for the benefit of any person identified in subsection (1) above;
(3)
A corporation, partnership, firm, business or legal entity of which 15 percent or more of the voting interest is owned by such party, or any person identified in either subsections (1) or (2) above; or
(4)
A person who is an officer, director, trustee, employee or partner of any legal entity referred to in subsections (2) or (3) above.
(Ord. of 11-5-12)
Sec. 14-212. - Appeals.#
Any decision by the building official to carry out the purposes of this article may be taken by an aggrieved party to the zoning board of review. The appeal shall be taken within 20 days following an action by the building official to enforce the provisions of this article and shall specify the grounds for such appeal. The building official shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board. The procedure for any appeal including a public hearing shall be in accordance with section 1.7 of the zoning ordinance.
(Ord. of 11-5-12)
Sec. 14-213. - Expiration date.#
This article shall expire on December 31, 2022, and shall be reviewed for applicability by the planning board no later than December 31, 2017.
(Ord. of 11-5-12)
Secs. 14-214—14-230. - Reserved.#
ARTICLE IV. - IMPACT FEES#
Footnotes:
--- (6) --- Editor's note— Ord. of Sept. 9, 2002(2), §§ 1—12, did not specifically amend the Code. Hence, its inclusion herein as article IV, sections 14-231—14-242, was at the discretion of the editor.
Sec. 14-231. - Impact fees—Regional school district facilities.#
This article authorizes the establishment of an impact fee on land development in the town for providing new public facilities, upgrades, and/or improvements to existing public facilities as that term is defined in R.I. General Laws 45-22.4-3, as amended, including but not limited to schools (and their related facilities) within the town and/or within the regional school district which are proportionately necessitated by such new development.
(Ord. of 9-9-02(2), § 1; Amend. of 8-7-17(1); Ord. of 7-6-20, § 1)
Sec. 14-232. - Findings.#
(a)
In accordance with RIGL Title 45, Chapter 45-22.4, the Town Council of the Town of Exeter finds that an equitable program is needed for the planning and financing of public facilities to provide for the service demands of new development in the town in order to protect the public health, safety and general welfare of the citizens of this town.
(b)
It is therefore the public policy of the town and in the public interest to assess, impose, levy and collect fees defined herein as impact fees for certain new development within the town's jurisdictional limits.
(c)
It is the intent of the town council, by enactment of this amendment, to:
(1)
Ensure that adequate public facilities are available to serve new growth and development;
(2)
Ensure that new growth and development does not place an undue financial burden upon existing taxpayers;
(3)
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.
(d)
The town is required by state statute to provide public educational opportunities for all town school-age pupils and school site planning for new, upgraded, or expanded schools within the town or any regional school district in order to ensure that plans for the construction and opening of public educational facilities are coordinated in time and place with plans for residential development and other necessary services.
(e)
The town must expand, upgrade, and improve its educational facilities in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service. This must be done in order to promote and protect the public health, safety, and welfare of current and future citizens.
(f)
The state, 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 the Town to enact innovative development regulations and techniques. RIGL Title 45 Chapter 45-22.4 specifically enables the town council to adopt impact fee ordinances.
(g)
The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety, and welfare.
(h)
Development of single and multi-family units will place students in the public schools of the regional school district necessitating the acquisition of school sites, the expansion, improvement, or upgrading of existing municipal and educational public facilities, and the construction of new municipal and educational public facilities.
(i)
The fees established by this article are derived from, based upon, and do not exceed the costs of providing a proportionate share of the cost of public facilities capital improvements and for such municipal and/or educational facilities upgrades and improvements necessitated by new land developments for which the fees are levied. Such costs are established by the latest available costs of capital improvements for the Town of Exeter and/or the Exeter-West Greenwich regional school district.
(j)
The report entitled "Town of Exeter, Rhode Island Phase II Growth Management—Needs Assessment for Impact Fee Schedule and Ordinance," dated September 9, 2002, sets forth a reasonable base methodology and analysis for the determination of the impact of new development on the need for and costs of additional school sites, improvements, updates, and educational facilities in the town or the school district. Said report shall be deemed amended annually as necessary to reflect current calculations and formulas as may be set forth in any new and/or revised regulations, standards and/or specifications, and/or by the latest enrollment percentages, budgetary information, capital cost allocations, and construction projects identified by the school district and/or the Town of Exeter on an annual basis.
(Ord. of 9-9-02(2), § 2; Ord. of 6-2-08; Amend. of 8-7-17(1))
Sec. 14-233. - Intent.#
(a)
The fees established by this article are consistent with and are intended to assist in the implementation of the town comprehensive plan.
(b)
The purpose of this article is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures and improvements necessary to provide public educational, and other public sites and facilities, as mandated by the state.
(Ord. of 9-9-02(2), § 3; Amend. of 8-7-17(1))
Sec. 14-234. - Definitions.#
As used in this section, the following words have the meanings stated in this section:
Capital improvement means improvements with a useful life of ten years or more, which increases or improves the service capacity of a public facility;
Capital improvement program means that component of the town's budget or the regional school district's master plan that sets out the need for public facility capital improvements, including those for educational 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;
Developer means 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 commensurate burdens on the town's educational facilities and which requires the issuance of a building permit for one or more residential buildings;
Impact fee means the charge imposed upon new development by the town to fund all or a portion of the public facility's capital improvements affected by the new development from which it is collected;
Proportionate share means that portion of the cost of system improvements which reasonably relates to the service demands and needs of the project; and
Public facilities means: (1)
Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;
(2)
Stormwater collection, retention, detention, treatment, and disposal facilities, flood control facilities, bank and shore projections, and enhancement improvements;
(3)
Parks, open space areas, and recreation facilities;
(4)
Police, emergency medical, rescue, and fire protection facilities;
(5)
Public schools, including those capital projects undertaken by the town or regional school district to accommodate existing and future town school-age pupils. Such facilities may be located within the town or within any regional school district area; and
(6)
Other public facilities consistent with a community's capital improvement program.
Capital costs of educational facilities means expenditures for the acquisition of fixed assets, improvements, upgrades, or additions to fixed assets and expenditures for site acquisition, construction, improvement, upgrading, design, site development, necessary off-site improvements, and capital equipment pertaining to such facilities;
Subdivision or land development projects which may reasonably be expected to place students in the public schools means any construction or installation of new residential buildings, improvements, or structures that may reasonably be expected to result in the enrollment of new or added students in the public schools;
Independent fee calculation study means the demographic and/or educational impact documentation prepared by a fee payer to allow the determination of the impact fee other than by the method established by this article;
Construction, construct, and constructing include any valuable additional upgrade to property, and any amelioration in its condition amounting to more than a temporary repair or maintenance which is intended to enhance its utility or to adapt it for new or expanded purposes. The term also includes the erection or upgrading of buildings, structures or appurtenances such as sidewalks, sewers, utilities, etc. "Construction" includes not only the erecting of new facilities but also upgrades intended to extend the useful life of an existing asset or to improve its capacity, usefulness, performance or safety beyond that of the existing asset.
(Ord. of 9-9-02(2), § 4; Amend. of 8-7-17(1))
Sec. 14-235. - Imposition of capital facilities impact fee.#
(a)
Any person applying after the effective date of this article, for a residential building permit which includes a new dwelling unit is hereby required to pay a public facilities impact fee in the manner and amount set forth in this article.
(b)
The requirement of funds for provision of school or municipal facilities shall be based upon needs as established by the capital improvement program or regional master plan for municipal or educational facilities as deemed amended by annual reports and public data and shall be consistent with the policies stated therein. The building official is charged with the administration of this section. The fee amount shall be based upon the following:
(1)
A fee schedule for municipal and/or educational facilities, per residential dwelling unit, shall be determined and posted by the town council annually for the fiscal year. The established fee schedule for school public facilities and/or municipal public facilities shall be based on information provided by the regional school district in regards to the current school district capital improvement program and other related standards and practices necessary for updating the calculation formulas found in the town's Phase II Growth Management—Needs Assessment for impact fee schedule and ordinance, as amended, and/or any municipal capital improvements plan or budget that may be adopted by the town.
(2)
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 section 24 of the zoning ordinance and may submit an independent fee calculation study for the land development activity for which a building permit is sought. As to education capital improvements, the student generation and/or educational impact documentation submitted shall show the basis upon which the independent fee calculation was made.
(Ord. of 9-9-02(2), § 5; Ord. of 6-2-08; Amend. of 8-7-17(1))
Sec. 14-236. - Calculation of the impact fee.#
The calculation of funds required for provision of public facilities shall be based upon needs as may be established by the annual budget and capital improvement projects identified by the Town of Exeter and/or the Exeter-West Greenwich Regional School District and shall be consistent with the policies stated therein. The fees shall be based upon the following: (1)
The capital facilities impact fee for all educational public facilities shall be based on the square foot allocation per student based on Rhode Island construction standards (131), multiplied by construction cost estimates to establish a total cost per student. The state reimbursement percentage shall be deducted, yielding a local cost per student. The per student cost is multiplied by the students per dwelling factor, yielding the final fee, the school construction cost per dwelling unit. The impact fee shall be deemed to be recalculated on May 1 of each year, based on updated figures, costs and percentages provided by the school district annually or, as otherwise available and shall take effect on July 1 of each year.
(2)
The impact fee for all municipal facility capital improvements may be applied by the town council annually as part of the town's adopted municipal capital improvements program and the capital improvement projects and costs identified in the annual town budget.
(Ord. of 9-9-02(2), § 6; Amend. of 8-7-17(1))
Sec. 14-237. - Payment of fee.#
The fee payer shall be assessed the capital facilities impact fee required by this article upon application for a building permit, to the building official and shall be collected in full prior to the issuance of building permit.
(Ord. of 9-9-02(2), § 7; Amend. of 8-7-17(1))
Sec. 14-238. - Capital facilities impact fee trust fund established.#
(a)
There is hereby established a separate capital facilities impact fee trust fund to be administered by the town treasurer. All funds collected shall be properly identified and promptly deposited in a special proprietary fund, which shall be invested in government insured or government backed instruments only with all interest accruing to the trust fund and used solely for the purposes specified in this article.
(b)
Within eight years of the date of collection, impact fees shall be expended or encumbered for the construction of public facilities capital improvements of reasonable benefit to the development paying the fees and that are consistent with the capital improvement program. The improvement, construction, upgrading, expansion, or renovation of new school or other municipal public facilities anywhere in the town or in any regional school district shall be deemed to be such reasonable benefit.
(c)
Where the expenditure or encumbrance of fees is not feasible within eight years, the town 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.
(d)
Funds withdrawn from this account must be used in accordance with the provisions of section 14-239 of this article.
(Ord. of 9-9-02(2), § 8; Amend. of 8-7-17(1))
Sec. 14-239. - Use of funds.#
(a)
Funds collected from capital facilities impact fees and deposited in the capital facilities impact fee trust fund by the town treasurer are for the purpose of improving and/or upgrading and constructing educational facilities for the town or for any other qualified municipal public facilities. Such funds shall be spent solely to acquire, construct, upgrade, expand, and equip the educational or municipal sites and educational or municipal capital facilities necessitated proportionally by new development.
(b)
Whenever the funds retained in the capital improvement trust fund are used for public facilities, improvements, or upgrades in the Exeter-West Greenwich Regional School District, the Town of Exeter will specify in writing to the school district the intended dedication of the funds to specific capital improvements pursuant to the terms of this article.
(c)
Funds may be used to make refunds required by section 14-241 of this article.
(d)
Any and all expenditures from the capital improvement trust fund shall be allocated by the town council and approved by the voters at the corresponding financial town meeting.
(Ord. of 9-9-02(2), § 9; Ord. of 6-2-08; Amend. of 8-7-17(1))
Sec. 14-240. - Vested rights.#
In accordance with the zoning ordinance, any application for a building permit that has been submitted and has been deemed complete prior to September 9, 2002, shall have vested rights to proceed with the application and receive a building permit or CO without requiring the payment of an impact fee.
(Ord. of 9-9-02(2), § 10; Ord. of 6-2-08)
Sec. 14-241. - Refund of fees paid.#
(a)
Any funds not expended or encumbered by the end of the calendar quarter immediately following eight years, or 12 years if section 14-238(c) of this article applies, from the date the capital facilities impact fee was paid, shall be refunded to the current owner of record for the assessor's plat and lot for which the fee was paid upon the current owner's written request if in accordance with the terms of this article. The refund shall include interest on the original fee amount, equal only to the actual interest that the town treasurer may have accrued through an investment account or similar interest bearing account.
(b)
The town shall notify the current owner of record by certified letter, return receipt requested, that a refund of impact fees are due for the reasons provided in section 14-241(a). The current owner of record may respond and submit an application for a refund to the building official within one year from the date of receipt of the town's notice. Failure to respond within the specified time period shall be deemed a waiver of such refund and any funds so unclaimed may be transferred unencumbered to the general fund and used for any public programs.
(c)
If the town council were to act 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 within the town 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.
(Ord. of 9-9-02(2), § 11; Ord. of 6-2-08; Amend. of 8-7-17(1))
Sec. 14-242. - Exemptions.#
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. (1)
Impact fees shall not be imposed against any developer or landowner for remodeling, rehabilitation, or other improvements to an existing structure where the use and number of residential units are not intensified or changed.
(2)
Impact fees shall not be imposed for the construction of accessory buildings or structures which will not add a dwelling unit.
(3)
Impact fees shall not be imposed for rebuilding a damaged structure, including the replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size, number of residential units and use.
(4)
Impact fees shall not be imposed on nonresidential buildings and structures.
(5)
Any developments that are exempt pursuant to section 14-208 of this Code are also exempt from impact fees.
(Ord. of 9-9-02(2), § 12; Ord. of 6-2-08; Amend. of 8-7-17(1))
Sec. 14-243. - Effective date.#
This article shall take effect upon passage and all prior ordinances inconsistent herewith shall be deemed repealed.
(Ord. of 6-2-08; Amend. of 8-7-17(1))
ARTICLE V. - DEVELOPMENT IMPACT FEES—PUBLIC WORKS, FACILITIES, VEHICLES, EQUIPMENT, STREETS AND ROADWAYS#
Sec. 14-244. - Legislative findings.#
The Town Council of the Town of Exeter finds, determines, and declares that: (a)
The Town must expand its ability to improve Public Works efficiencies for the maintenance of facilities, vehicles, equipment, streets, and roadways if new residential and commercial development is to be accommodated without decreasing current standards. This must be done in order to promote and protect the public health, safety, and welfare.
(b)
The State of Rhode Island through the enactment of Rhode Island General Laws Chapter 45-22.4-1 et seq., Rhode Island Development Impact Fee Act provides for orderly growth and makes provisions for protecting public investment in public facilities.
(c)
The imposition of impact fees is one of the preferred methods of ensuring that residential and commercial development bears a proportionate share of the cost of capital programs necessary to accommodate the needs of future residents of such developments. This must be done in order to promote and protect the public health, safety, and welfare.
(d)
Residential and commercial land development, except as exempted in section 14-248(d) hereof, creates, demand for the expansion of public works including facilities, vehicles, equipment, streets, and roadways to serve future development. The fees established by section 14-248 are derived from and based upon the cost of providing additional capacity to general government, streets, recreation, public safety, and sewer facility improvements necessitated by the new land developments for which the fees are levied.
(Ord. of 7-6-20)
Sec. 14-245. - Intent and purpose.#
(a)
This subchapter is intended to assist in the implementation of the Exeter Comprehensive Community Plan.
(b)
The purpose of this subchapter is to regulate the use and development of land so as to assure that new residential and commercial development bears its proportionate share of the cost of capital expenditures necessary to provide for the incremental expansion of public works facilities, vehicles, equipment, streets, and roadways for the town.
(Ord. of 7-6-20)
Sec. 14-246. - Rules of construction.#
(a)
The provisions of this subchapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.
(b)
For the purpose of administration and enforcement, unless otherwise stated in this subchapter, the following rules of construction shall apply to the text hereof:
(1)
In case of any difference of meaning or implication between the text of this subchapter and any caption, the text shall control.
(2)
The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
(3)
Words used in the present shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(4)
The phrase "used for" includes "arranged for", "designed for", "maintained for", and "occupied for".
(5)
The word "person" includes an individual, a corporation, a partnership, an unincorporated association, or any other similar entity.
(6)
The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.
(Ord. of 7-6-20)
Sec. 14-247. - Definitions.#
For the purpose of this subchapter, the following definitions hall apply unless the context clearly indicates or requires a different meaning. The following terms shall be defined according to the Rhode Island Development Impact Fee Act, (R.I.G.L. 45-22.4-1 to 9). (a)
Applicant means a person obtaining a building permit or other appropriate municipal permit to proceed with development for an activity requiring payment of an impact fee pursuant to section 14-248 and any successor in interest of such person.
(b)
Capital improvements means improvements with a useful life of ten years or more, which increases or improves the service capacity of a public facility.
(c)
Capital improvement program means that component of a municipal budget that sets out the need for public facility capital improvements, the costs of such 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.
(d)
Commercial development for the purposes of this subchapter commercial development includes any nonresidential development such as: retail commercial, service businesses, office, industrial, light industrial and institutional uses.
(e)
Developer means a person or legal entity undertaking development.
(f)
Governmental entity means a unit of local government.
(g)
Impact fee means the charge imposed upon new development by a governmental entity to fund all or a portion of the public facility's capital improvements affected by the new development from which it is collected.
(h)
Proportionate share means that portion of the cost of system improvements which reasonably relates to the service demands and needs of the project.
(Ord. of 7-6-20)
Sec. 14-248. - Administration of impact fee.#
This subchapter is enacted pursuant to the authority of the Rhode Island Development Impact Fee Act R.I.G.L. 45-22.4-1 et seq. (a)
Generally. All applicants for new residential development shall be assessed development impact fees (hereinafter known as "fees"). Three types of assessments shall be imposed: 1) Public works facilities, structures, vehicles, and equipment; 2) Streets; and 3) Costs of preparing the impact fee study, unless otherwise provided herein. All applicants for new commercial development shall be assessed for the same. All owners of property owned by the state or federal government which is converted to private ownership or control shall also be assessed development impact fees.
(b)
Report: Adoption of findings. The findings set forth in the impact fee study prepared for Exeter, Rhode Island dated July 14, 2025, (hereafter referred to as "report") is adopted herewith. The report assess and provides the data sources and methodology upon which the following fees are based. The report is on file at the town clerk's office and is available for examination by the public upon request.
(c)
Calculation of fees. The fees shall be calculated according to the formulas set forth in the report. Over time, the variables in the formulas may change, causing the fees to change. For residential uses, the fees, including public works, street, and fee study fees, shall be calculated on the basis of each new residential dwelling unit. For commercial/nonresidential uses, the fees shall be calculated on the basis of 1,000 gross square feet of new building space, as hereinafter set forth. The following sets forth the adopted fees per new residential dwelling unit and new commercial space, as outlined in the report:
(1)
Impact fees.
Residential Fees per Development Unit
Development Type Development Unit Impact Fee Study Public Works Street Proposed Fees
Single-Family Housing Unit $419.00 $1,310.00 $3,089.00 $4,818.00
Multi-Family Housing Unit $172.00 $553.00 $1,243.00 $1,968.00
Mobile Home Housing Unit $162.00 $597.00 $1,000.00 $1,759.00
Nonresidential Fees per Development Unit
Development Type Development Unit Impact Fee Study Public Works Street Proposed Fees
Industrial 1,000 Sq Ft $140.00 $611.00 $643.00 $1,394.00
Industrial Park 1,000 Sq Ft $101.00 $452.00 $445.00 $998.00
Warehouse 1,000 Sq Ft $31.00 $132.00 $149.00 $312.00
Commercial 1,000 Sq Ft $277.00 $825.00 $2,121.00 $3,223.00
Office/Other Services 1,000 Sq Ft $296.00 $1,269.00 $1,431.00 $2,996.00
Institutional 1,000 Sq Ft $174.00 $362.00 $1,701.00 $2,237.00
(2)
Credits. An adjustment shall be made to any impact fee for facilities that were funded by the issuance of bonds. The annual debt service for the bonds apportioned to the facilities expansion shall be subtracted from the impact fee as presented within the calculations in the report and will be reviewed accordingly on an annual basis. The applicable credits shall be deducted from the fees set forth in the preceding subsections.
(3)
Properties deemed mixed-use/combination will be assessed accordingly based on the tax assessor's records utilizing the ground floor square footage and the intended functional use.
(d)
Exemptions.
(1)
Low and moderate income housing. Low and moderate income housing units shall be exempt from the requirements of this subchapter. "Low and moderate income housing units" shall mean dwelling units that are subsidized by the federal or state government under a program to assist in the construction of permanent low or moderate income housing, as defined by the Rhode Island Housing and Mortgage Finance Corporation (RIHMFC), whether built or operated by a public agency or a nonprofit organization. Only the subsidized units in a low and moderate income housing project are exempt from the requirements of this section. All other units in a low and moderate income housing project are subject to the fees.
(2)
Renovation and repair. Development impact fees shall not be imposed for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged structure unless there is an increase in the number of dwelling units or any other measurable unit for which an impact fee is collected. Impact fees may be imposed when property which is owned or controlled by federal or state government is converted to private ownership or control.
(e)
Administration of fees.
(1)
Assessment. All impact fees imposed pursuant to the authority granted in this chapter shall be assessed upon the issuance of a building permit or other appropriate permission to proceed with the development of, or change in use to a residential dwelling unit or commercial unit. As part of the building permit process, the town planner shall review the building permit application and assess the appropriate fees according to section 14-248(c) above prior to the building inspector issuing a building permit. For property which is converted from state or federal ownership or control to private ownership or control, the town planner shall assess the appropriate fee upon the effective date of transfer of ownership or control.
(2)
Collection. All impact fees imposed pursuant to the authority granted in this chapter shall be collected in full upon the issuance of the certificate of occupancy or other final action authorizing the intended use of a structure. All fees collected shall be kept in a restricted interest-bearing account.
(3)
Expenditure. Town council shall approve expenditure of the fees. The fees shall only be expended for the intended purpose of providing and/or making capital improvements that reasonably relate to the service demands and needs of new development and shall not be used in lieu of regular capital improvement funds. Interest earned by the account shall be credited to the account and shall be solely for the purpose specified above for the account.
(4)
Refunds. Within eight years of the date of collection, impact fees shall be expended or encumbered for the construction of public facilities' capital improvements, however, if the expenditure or encumbrance is not feasible within eight years, the town may retain impact fees for a period of ten years if there are compelling reasons for such a longer period. The governing body shall identify, in writing, the compelling reasons for retaining impact fees for a longer period of time over eight years. If impact fees are not expended or encumbered within this period, the town shall refund to the applicant or his or her successors the amount of fee paid and accrued interest. The town shall send the refund to the applicant at the last known address by certified mail within one year of the date on which the right to claim the refund arises. Should the mailing of the fee be returned, the municipality shall make every effort to obtain a new address for the fee payer, including a search of the public records, the secretary of state's database, and the database for the contractors' registration and licensing board. All refunds due and not claimed within one year shall be forwarded to the state treasurer's office for inclusion in the unclaimed property fund.
(5)
Impact fee termination. Should the town 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 impact 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. All refunds not claimed within one year shall be forwarded to the state treasurer's office for inclusion in the unclaimed property fund.
(f)
Notice to future homeowners.
(1)
In the instance of a subdivision or land development project, notice of the fees shall be provided on the record plan (i.e. the plan that is recorded in the land evidence records).
(2)
In all instances where a parcel of real property (vacant or developed) is sold to a new owner prior to the issuance of a building permit, the seller of the real property shall provide written notice of the fees to the new owner on or before the date in which the parties enter into a purchase and sales agreement. The seller shall maintain said written notice for his or her records.
(g)
Alternative means of satisfying assessments for subdivisions and land development projects. The town may accept the dedication of land, the construction of public facilities in lieu of payment of impact fees provided that:
(1)
The need for the dedication or construction is clearly documented in the town's capital improvement program and comprehensive plan;
(2)
The land proposed for dedication for the facilities to be constructed are determined to be appropriate for the proposed use by the town;
(3)
Formulas and/or procedures for determining the worth of proposed dedications or constructions are established; and
(4)
The total value of the applicant's contribution shall not be less than the amount of the particular projected fee involved. The value of the applicant's contribution and scope of work shall be determined by the planning board, upon the recommendation of the town planner or other appropriate professional pursuant to procedures established by the planning board. The planning board shall document the value of the applicant's contribution. A copy thereof shall be placed and maintained in the planning department's file for the particular subdivision or land development project.
(h)
Construction services performed by applicant. In the event construction services are performed by applicant or on its behalf, applicant shall adhere to town specifications for construction and development. Inspections by town staff shall be conducted at key points in the construction and development process. In no case shall said inspection be less than those required for road construction as outlined elsewhere in the subdivision and land development regulations. A schedule for inspections shall be agreed to between town staff and applicant.
(i)
Relationship to comprehensive plan. No fees or dedication of land to the public shall be required unless the need for such is documented in the adopted plans of the town, i.e. the comprehensive community plan, or the capital improvement program (CIP). The requirement for dedication of land or fees shall be based upon the policies and standards set forth in the above plans and shall reflect the character defined by the comprehensive community plan for the neighborhood or district in which the subdivision or development is located. The nature of the land dedication must reflect the character of the land being subdivided and must be suitable for the intended use. Land, which is not otherwise developable, i.e. wetlands, slope too steep, etc. shall not be acceptable for this purpose.
(j)
Annual review. The town treasurer with the assistance of the public works director, and others as appropriate, shall present an annual report to the town council on the status of any fees collected pursuant to this subchapter. The report shall be presented annually to the town council before the adoption of the capital improvement plan. The report shall specify the amount of fees collected, how the monies were expended, and whether there are anticipated expenditures in the future.
(k)
Petitions for reduction in commercial impact fees.
(1)
A developer may petition the town council for a reduction of the impact fee assessed by this article.
(2)
The town council may direct the town treasurer to pay from the general fund all or part of any impact fee assessed to a developer of commercial real estate if the town council determines that it is in the best interest of the town to do so. The town council may consider some or all of the following factors, among others, when determining the best interests of the town:
a.
Anticipated tax revenue from the proposed development;
b.
Alternative uses for the property in the event the proposed development is abandoned;
c.
The number of local jobs expected to be created by the proposed development;
d.
The usefulness of the proposed development to the Exeter community;
e.
Any and all factors that will provide a benefit to the town.
(j)
If any reduction in a commercial impact fee is granted by the town council, the town treasurer shall pay the amount of the reduction into the impact fee fund out of the general fund.
(Ord. of 7-6-20; Ord. of 10-7-24(1); Ord. of 10-6-25(1))
Sec. 14-249. - Effective date.#
This article shall take effect upon passage and all prior ordinances inconsistent herewith shall be deemed repealed.
(Ord. of 7-6-20)