Chapter 13.5 - PLANNING AND DEVELOPMENT

Footnotes:

--- (1) --- Cross reference— Buildings and building regulations, Ch. 5; historic preservation, Ch. 7; housing, Ch. 7.5; solid waste, Ch. 16; streets, sidewalks and other public places, Ch. 17; subdivisions, Ch. 18; traffic and motor vehicles, Ch. 20; zoning, App. A.

ARTICLE I. - IN GENERAL#

Sec. 13.5-1. - Town planning board.#

There shall be a town planning board which shall consist of five (5) regular members and two (2) alternate members appointed by the town council each for a term of three (3) years. The terms of planning board members shall be staggered so no more than one-third (⅓) of the terms expire in any year. Any vacancy during the un-expired term of an appointed member shall be filled by the town council for the remainder of the term. If any regular member is absent or has been recused from voting on an application then the alternate with the most seniority will be called upon to act as a voting member in the place of that regular member. If more than one (1) regular member is absent or has been recused from voting on an application, then the second alternate will be called upon to serve as a voting member. The conservation commission may appoint an ex-officio representative to the planning board, but that ex-officio representative will not vote and will not be counted for the purpose of establishing a quorum.

(Ch. 295, 10-7-24)

Secs. 13.5-2—13.5-25. - Reserved.#

ARTICLE II. - PLANNED UNIT DEVELOPMENT ORDINANCE (PUD)#

Footnotes:

--- (2) --- Editor's note— Ch. 237, § 1, adopted July 21, 2014, repealed the former Art. II, §§ 13.5-26—13.5-44, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Ch. 108, §§ I—XVIII, 11-1-90; Ch. 139, § I, 3-17-97; Ch. 145, § I, 10-2-07; Ch. 155, § I, 5-3-00; Ch. 163, § 1, 2-4-02; Ch. 183, § I, 10-4-04.

Sec. 13.5-26. - Definition of a planned unit development (PUD).#

A planned unit development is a development usually characterized by a unified site design for clustered buildings, common open space, and a mixture of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development rather than on an individual lot-by-lot basis. It is a process that involves both planning board and town council review/approval wherein public officials have considerable involvement in determining the nature of the development. It includes aspects of both the land development and subdivision regulations and zoning regulations and, in Hopkinton, will be administered through a rezoning process.

Planned unit development may be used for residential complexes, shopping centers, industrial and office parks, and mixed-use developments. Planned unit development allows the unified and, hence, more desirable and attractive development of an area based upon a comprehensive site plan. There are a number of advantages over conventional "lot-by-lot" development including: mixing building types and uses to create communities; combining often unusable yard space on individual lots into larger common open spaces; offering greater opportunities to reduce building costs; lower street and utility costs resulting from reduced frontage; and maintaining the permitted density of an area while keeping desired amenities.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-27. - Purpose/objectives.#

(a)

Purpose. A planned unit development district may be established that conforms to the general pattern of land use established in the Comprehensive Community Plan for the Town of Hopkinton. Such a district is intended to encourage development of harmonious, efficient, and convenient living environments; to increase housing opportunity by providing a variety in residential types, density and site design; to encourage the preservation and conservation of unique, natural features of the site; to facilitate the economical and efficient provision of necessary community services, recreation and open space; to encourage and provide a means for desirable industrial and commercial developments which will feature variations in siting, mixed land uses and/or varied dwelling types; to preserve open space for aesthetic considerations, to provide a more efficient and economical development from the viewpoint of both the town and the developer and to encourage land use development that is responsive to the town's unique environmental resources and human needs.

(b)

Objectives:

(1)

Maximize opportunities for flexibility in the design of large developments by providing a more desirable use and arrangement than would be possible through the conventional application of ordinance requirements.

(2)

Encourage developers to protect the natural features and historic resources by providing the opportunity for more creative and flexible approaches in the development of land.

(3)

Encourage a more efficient, aesthetic and desirable use of land for recreation, conservation and open space.

(4)

Encourage and promote variety in the development of land use in the town.

(5)

Allow for efficient provision and effective use of physical improvements and municipal services relative to land use development.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-28. - Site ownership and minimum area.#

Planned unit development districts may be established on parcels of contiguous land. The site proposed for a PUD district shall be no less than: Rural Farming Residential Zone 30 acres

Neighborhood Business Zone 5 acres

Commercial Zone 5 acres

Manufacturing Zone 5 acres

The planning board and the town council may waive the minimum lot requirement if they find that property of less acreage is suitable, by virtue of its outstanding unique historical character, topography or land features, and that such waiver would be in the public interest. No PUD shall be reviewed by the planning board unless every property owner within the proposed development has signed and filed with the town, a written consent to be bound by the conditions and regulations proposed for the PUD. The applicant shall be required to produce evidence of a full ownership interest prior to final rezoning action.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-29. - Are density and dimensional requirements for a PUD district.#

(a)

Development standards for are coverage, building height, yard requirements, parking and screening for PUD uses shall be those of the town's existing zones. In no case shall uses prohibited in the town be allowed in a PUD. Standards for public improvements shall be governed by applicable ordinances of the town. If the planning board finds exceptional natural resources present on the site, then more stringent requirements may be required by the planning board in order to protect those exceptional resources. Exceptions to existing development standards may be made by the planning board only when the board finds that such exceptions are in the public interest, and encourage a more desirable living environment and are warranted in terms of the total proposed development.

(b)

The total density and building bulk of any proposed PUD may not be increased to exceed density and building requirements of the underlying zoning district.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-30. - Requirements for open space/landscaping in a PUD district.#

(a)

Minimum requirement. In a proposed planned unit development district the following shall be the minimum requirement for the provision of open space:

Business/commercial/industrial uses. Twenty (20) percent of the total area of the proposed district exclusive of the district's roads, wetlands and buffer areas as defined by the Rhode Island Fresh Water Wetlands Act, protected natural areas, areas which can be classified as unique, and slopes greater than fifteen (15) percent, shall be set aside as required permanent landscaped areas.

Residential uses. Twenty (20) percent of total area of the proposed district exclusive of the district's roads and paved areas, wetlands and buffer areas as defined by the Rhode Island Fresh Water Wetlands Act, protected natural areas, areas which can be classified as unique, and slopes greater than fifteen (15) percent, shall be set aside as permanent open space.

(b)

The open space/landscaping areas shall be one (1) or more parcels of sizes, shapes, and locations determined by the planning board to be suitable for the intended uses or purposes.

(c)

If, in the judgment of the planning board, the goals and policies of the Hopkinton Comprehensive Community Plan call for town acquisition of a portion of the proposed open space for a future community facility, recreation or conservation use, the planning board may recommend that the town council approve that said portion of open space be conveyed to the town for that purpose.

(d)

Appropriate recreational and open space easements must be conveyed to the town to ensure perpetuity.

(e)

Accesses shall be provided to each parcel of open space from streets or drives within the district. The location, width, and number of accesses so provided shall be determined by the planning board.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-31. - Streets.#

All streets in a PUD district which are intended or required for dedication to the town shall be improved in accordance with the requirements and specifications contained in the Hopkinton Land Development and Subdivision Regulations and chapter 17, streets, sidewalks and other public places of the Town of Hopkinton Code of Ordinances. The applicant may request private streets within the district. Streets, driveways, ways, and other paved areas intended to remain in private ownership shall be approved as to design and construction standards approved by the planning board.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-32. - Signs.#

Signs erected, installed or displayed in a PUD district shall conform to the requirements of section 27 of appendix A, zoning.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-33. - Planning board review of proposed PUD.#

A proposed planned unit development will be reviewed by the planning board as a major land development project under the Town of Hopkinton Land Development and Subdivision Regulations ("regulations"). There will be four (4) stages of review in the planning board: Pre-application meeting, master plan, preliminary, and final. (a)

Pre-application meeting. An applicant proposing a PUD shall have a pre-application meeting with the planning board following the submission of all materials required in the regulations' pre-application checklist. Pre-application discussion is intended for the guidance of the applicant and shall not be considered approval of a project or any of its elements. No formal action need be taken by the planning board at the pre-application meeting.

(b)

Master plan.

(1)

Master plan review shall follow the procedures in the regulations for major land development. The master plan submission must include all items on the master plan checklist, plus any additional items the planning board may require. The required public informational meeting may take the form of a joint hearing before the planning board and the town council.

(2)

Prior to approval, the planning board shall refer the master plan to other departments and agencies in accordance with the regulations for review and comment. These agencies shall review said plans and report its findings and recommendations to the planning board within forty-five (45) days of receipt of said plans.

(3)

Subsequent to planning board conditional approval of the master plan, the town planner will forward the master plan along with an advisory recommendation on the zoning change from the planning board to the town council for the purposes of setting the rezone hearing. Upon receipt of a notice of zone change from the town council, the planning board will resume the major land development project review of the proposed PUD at the preliminary stage.

(c)

Preliminary. Preliminary review shall follow the procedures in the regulations for major land development. Preliminary submissions shall include all items on the preliminary plan checklist, plus the following items unique to PUDs:

(1)

A written agreement or contract to be executed between the developer and the town stating:

a.

That in the event of failure of the owners, successors or assigns to maintain any common open space, recreation areas, landscaping features or other required improvements, the town may enter said development and perform such necessary maintenance work and charge the cost, including attorney fees to the owner, successors or assigns.

b.

That the owner, successors, or assigns will construct the development and install improvements in accordance with the approved comprehensive plan of development and the final approved site plan.

c.

That this contract shall be binding upon the heirs, assigns, successors, or receivers of the development and shall constitute a lien on the property in the development.

d.

Any other conditions required by the town council upon recommendation by the planning board.

(2)

A certificate from the tax collector of the town that all taxes due on the land within the development have been paid for the five (5) years preceding the date of filing and that there are no outstanding taxes on said land.

(3)

Copies of any existing and proposed deed restrictions or covenants running with the land in the development if any are proposed.

(4)

A description of any easements affecting land within the development and an instrument conveying any easements required as conditions of approval to the town.

(d)

Final. Submissions for final plan review shall include all items on the final plan checklist, plus any additional items the planning board may require. Final plan review shall follow the procedures in the regulations for major land development.

(e)

Findings of fact required for approval. Findings of fact required for approval of a PUD at master plan, preliminary and final shall be any required at that stage by the regulation for major land development, plus the following:

(1)

The proposed planned unit development, or given phase thereof, can be substantially completed within a time frame (to be established by the Planning Board on a case-by-case basis) commencing at the time of establishment of the PUD district.

(2)

That each individual phase of development, as well as the total development, can exist as an independent unit capable of an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained, that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under existing conventional zoning.

(3)

That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and will not generate traffic in such amounts as to over-load the street networks outside the planned unit development district unless the planned unit development includes off-site improvements which will mitigate the impacts by increased traffic use.

(4)

That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the final development plan.

(5)

That the proposed development will not have significant negative impacts on the surrounding area and that impacts on the existing environment will be mitigated as much as possible through site design and other methods, as agreed to during the development plan review process.

(6)

That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.

(7)

That the PUD district is in conformance with the comprehensive community plan of the town.

(8)

That the existing or proposed utility services are adequate for the proposed population and uses.

(f)

Planning board approval. Planned unit development approval by the planning board; will be valid for one (1) year from approval, and shall be secured for each phase of a planned unit development district as delineated on the approved master plan. This approval may be renewed for one (1) additional year by the planning board.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-34. - Action by the town council.#

(a)

No zoning ordinance amendment to establish a PUD district shall be enacted until a master plan shall have been received, studied, and approved by the planning board in accordance with the town land development and subdivision regulations and a report made by the board to the town council.

(b)

The town council, upon receiving the recommendation from the planning board, shall hold a public hearing, which may be a joint hearing with the planning board, then make a decision on the proposed zone change. If, from the facts presented, the town council is unable to make the findings required by section 13.5-33(e), the application shall be denied.

(c)

At the time of any ordinance establishing a PUD, the town council shall make appropriate arrangements to ensure the accomplishment, at the scheduled times, of the public improvements and grants of easement shown on the approved development plan.

(d)

If the zoning official certifies that no development has occurred in the planned unit development district within one (1) year after the district is created, the property shall revert to its original zoning classification prior to the establishment of the planned unit development district. The PUD zone approval may be renewed for one (1) additional year by the town council.

(e)

The town council may require any additional information prior to decision.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-35. - Amendment to an approved PUD district.#

An applicant, who wants to amend an approved final development plan, shall submit a written request to the planning board. If, in the opinion of the town planner, a request qualifies as a major change under the subdivision regulations, the planning board shall require the submission of an amended development plan. Major changes in a final development plan shall be referred to the town council if there is a need for a zone change or if the changes requested are inconsistent with the original zone change.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-36. - Fees.#

(a)

The applicant shall submit fees payable to the Town of Hopkinton that are required for planning board review of major land development projects.

(b)

The cost of any specialized studies ordered by the town council or planning board, will be borne by the applicant.

(Ch. 237, § 1, 7-21-14)

Sec. 13.5-37. - Established planned unit developments.#

PUD Date

Fenner Hill Golf Club, LLC

(Plat 15, Lot 9) 10-2-97

Wood River Golf Development 5-3-00

Pleasant View Estates 2-4-02

Fenner Hill Golf Club, LLC

(Plat 15, Lot 8) 10-4-04

Secs. 13.5-38—13.5-69. - Reserved.#

ARTICLE III. - RESERVED#

Footnotes:

--- (3) --- Editor's note— Ch. 298, adopted Dec. 16, 2024, repealed Art. III, §§ 13.5-70—13.5-76, which pertained to development plan review and derived from Ch. 238, § 1, adopted July 21, 2014.

Secs. 13.5-70—13.5-85. - Reserved.#

ARTICLE IV. - GROWTH MANAGEMENT ORDINANCE#

Footnotes:

--- (4) --- Editor's note— Ch. 159, §§ 1—11, adopted October 25, 2000, did not specifically amend the Code. Therefore, such ordinance has been added as Art. IV, §§ 13.5-74—13.5-85 at the editor's discretion.

Sec. 13.5-86. - Purpose.#

The purpose of growth management is to equitably allocate a limited number of 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 Hopkinton Comprehensive Community 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 Chariho Regional School District.

(Ch. 159, § 1, 10-25-00)

Sec. 13.5-87. - 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 Community Plan. The study is entitled Town of Hopkinton, Rhode Island, Growth Management Program, Element I, and was adopted by the town council on October 25, 2000. 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 incorporated herein by reference.

(Ch. 159, § 2, 10-25-00)

Sec. 13.5-88. - Issuance of residential building permits.#

Issuance of building permits authorizing creation of one (1) or more dwelling units, as defined by the Hopkinton Zoning Ordinance, Section 2(25), through new construction or change of use shall be allowed only under the procedures and requirements set forth herein. 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 section 13.5-89 of this article.

(Ch. 159, § 3, 10-25-00)

Sec. 13.5-89. - 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 or October. From the date of adoption by the Town Council of this ordinance to December 31, 2000, the total number of such permits shall be the sum of forty-four (44) minus the number of permits already issued from January 1, 2000, to the date of adoption. Thereafter, the number of residential permits to be issued shall be limited in accordance with the following formula:

Total permits per quarter = (equals) 36.93 percent of the currently available seats within the Chariho Regional School District PLUS the projected increase of seats that attributable to the Town of Hopkinton (i.e. elementary schools within Hopkinton plus 36.93 percent of Chariho Regional High, Middle and Elementary Schools) over the next ten (10) years, commencing with January 1, 2001 ;div; (divided by) 1.067 ;div; (divided by) forty (40).

(Ch. 159, § 4, 10-25-00)

Sec. 13.5-90. - Initial quota.#

Initially, it has been determined by the town council, based upon studies conducted pursuant to the comprehensive plan and studies cited in section 13.5-87, along with data supplied by the Superintendent of the Chariho Regional School District and the Chariho Building Committee, the town's present capacity for additional dwelling units is based on the following: Chariho-wide Attributed to

Hopkinton

1999 Chariho Total Capacity 4,012 seats 1,504 seats

Available Capacity 34 seats 12 seats

Chariho-wide projected increase 986 seats 452 seats

Existing capacity + projected increase 1,020 seats 464 seats

Divided by 1.067 435 dwellings

Divided by 40 quarters 11 permits (rounded up)

No more than eleven (11) permits shall be issued as of the first two (2) quarters following the adoption of this article. The annual quota shall be the quarterly quota times four (4), initially forty-four (44) permits per year.

(Ch. 159, § 5, 10-25-00)

Sec. 13.5-91. - Subsequent quotas.#

Following the method established in section 13.5-90, the calculation of the formula for the third and 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 thirty (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 the Chariho Regional School District supply him/her the number of available seats in the school district based on the current capacity less the actual enrollment as of October 1 of the school calendar year, and the increase in seat capacity, projected from January 1, 2001 to December 31, 2010 based upon an adopted plan of the Chariho Regional School Committee. The building official shall monitor the Chariho Regional School District's overall capacity by checking with the superintendent of the Chariho Regional School District every first day of February, March, August, and November to determine if there are any changes in available seats. If there are no changes, the building official shall notify the town clerk that the number of permits to be issued the next quarter will be the same as the previous quarter. If there are changes in seats, the building official shall recalculate the quota and notify the town clerk of the new number of permits to be issued the next quarter. Notwithstanding any changes, the quota shall not change in the middle of any given quarter.

(Ch. 159, § 6, 10-25-00)

Sec. 13.5-92. - Effective date.#

For the purposes of this article, the effective date shall be the date of its enactment. Any application for a building permit creating one (1) 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.

(Ch. 159, § 7, 10-25-00)

Sec. 13.5-93. - 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 ordinance. 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 Rhode Island State Building Code, regardless of the availability of permits within the quota. (1)

Vested rights. An application to construct a dwelling is not subject to this section if allowed pursuant to vested rights provisions of Section 12 of the Zoning Ordinance, or pursuant to Chapter 139 of the Hopkinton Ordinances (the Reserve at Brushy Brook Planned Unit Development).

(2)

Subdivision phasing. An application to construct a dwelling located on a lot which is within a subdivision previously subjected to mandatory or agreed-to phasing requirements by the planning board, and which includes a prohibition on the building, sale, or recording of lots or units within that subdivision in order to establish a rate of development by requiring it to be recorded in phases. The provisions of this subsection shall remain in effect for a period of two (2) years from the date such lot or unit is permitted to be built, sold or recorded, after which time applications for building permits upon these lots shall cease to be exempt and shall be subject to the full quota provisions of this article.

(3)

Elderly housing. Dwellings which would contribute to meeting the year-round housing needs of elderly citizens through enforceable restrictions limiting occupancy to households whose members are sixty-two (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 fifty-five (55) years of age or older.

(5)

Multifamily dwellings. Multifamily dwellings having zero-bedroom (studio) or one-bedroom units, and which do not exceed a total of eight hundred (800) square feet floor area per dwelling unit.

(6)

Accessory family dwelling unit. As defined in Section 2(2) in the Zoning Ordinance.

(7)

Community residence. Any community residence as defined by G.L. § 45-24-31.

(Ch. 159, § 8, 10-25-00)

Sec. 13.5-94. - 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.

(2)

The second priority shall be given to applications for construction of a single-family detached dwelling if the applicant has not previously received a permit for any lot in Hopkinton and the lot to be built upon is not and was not under common ownership with a lot or parcel which has previously received a building permit; and either,

a.

The applicant owned the lot to be built before the effective date of this article; or

b.

The lot to be built upon has been subdivided from a larger parcel before the effective date of this article.

(3)

The third priority shall be given to applicants whose application for construction of a dwelling has been denied for four (4) 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.

(Ch. 159, § 9, 10-25-00)

Sec. 13.5-95. - Procedure for issuance of building permits.#

(a)

Applications for building permits for construction of one (1) 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 Rhode Island 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 Rhode Island State Building Code, the application, plans and materials shall immediately be returned to the applicant 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 13.5-93. 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 (3) quarters. In the event that the resulting sum (current quarter applications plus the previous three (3) 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 (1) 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.

(Ch. 159, § 10, 10-25-00)

Sec. 13.5-96. - 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 (5) building permits for dwelling units shall be granted to any single applicant, or to any owner or group of owners 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.

(Ch. 159, § 11, 10-25-00)

Sec. 13.5-97. - Effective date.#

This article is hereby continued in effect through December 31, 2025. It shall be reviewed for continued applicability by the planning board with a recommendation to the council no later than December 31, 2026.

(Ch. 217, § 1, 7-5-11; Ch. 221, § 1, 12-19-11; Ch. 224, § 1, 6-4-12; Ch. 284, § 1, 8-1-22; Ord. No. 25-01, 1-21-25; Ord. No. 25-07, 12-15-25)

Editor's note— Ord. No. 25-01, adopted Jan. 21, 2025, shall be retroactive to December 31, 2024.

Secs. 13.5-98—13.5-110. - Reserved.#

ARTICLE V. - MODEL IMPACT FEE ORDINANCE#

Footnotes:

--- (5) --- Editor's note— Ch. 162, §§ 1—13, adopted October 29, 2001, did not specifically amend the Code. Therefore, such ordinance has been added as Art. V, §§ 13.5-111—13.5-123, at the editor's discretion.

Sec. 13.5-111. - Impact fees authorized.#

This article authorizes the establishment of an impact fee on land development in Hopkinton for providing new and/or expanded schools (and its related facilities) within Hopkinton and/or within any regional school district which are necessitated by such new development.

(Ch. 162, § 1, 10-29-01)

Sec. 13.5-112. - Findings.#

(a)

In accordance with G.L. Title 45, Chapter 45-22.4, 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 Hopkinton 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 Hopkinton school-age pupils and school site planning for new 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 of Hopkinton must expand 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 of Rhode Island through the enactment of Rhode Island Comprehensive Planning Act of 1988 and the Zoning Enabling Act of 1991 (G.L. § 45-24-30) has sought to encourage Hopkinton to enact innovative development regulations and techniques. Title 45 Chapter 45-22.4 specifically enables the town council to adopt impact fee ordinances.

(g)

The imposition of impact fees is one (1) 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 family houses will place additional students in the public schools of the regional school district, Ashaway and Hope Valley Elementary Schools necessitating the acquisition of school sites, the expansion of existing educational facilities, and the construction of new educational facilities.

(i)

The fees established by this article are derived from, based upon, and do not exceed the costs of providing for such educational facilities necessitated by new land developments for which the fees are levied. Such costs are established by the latest available costs of the regional school district.

(j)

The report entitled "Town of Hopkinton, Rhode Island Phase II Growth Management - Needs Assessment for Impact Fee Schedule and Ordinance," dated October 29, 2001, sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of additional school sites and educational facilities in Hopkinton or the school district.

(Ch. 162, § 2, 10-29-01)

Sec. 13.5-113. - Intent.#

(a)

The fees established by this article are consistent with and are intended to assist in the implementation of the Hopkinton 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 necessary to provide public educational sites and facilities, as mandated by the state.

(Ch. 162, § 3, 10-29-01)

Sec. 13.5-114. - Definitions.#

As used in this section, the following words have the meanings stated in this section:

Capital costs of educational facilities are expenditures for the acquisition of fixed assets or additions to fixed assets and expenditures for site acquisition, construction, design, site development, necessary off-site improvements, and capital equipment pertaining to such facilities.

Capital improvements means improvements with a useful life of ten (10) 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 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 (5) years.

Developer means a person or legal entity undertaking development, including any one (1) person commencing a subdivision or land development project which may reasonably be expected to place students in the public schools, place additional burdens on the town's educational facilities and which requires the issuance of a building permit for one (1) or more residential buildings.

Impact fee means the charge imposed upon new development by the Town of Hopkinton 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.

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 Hopkinton school-age pupils. Such facilities may be located within Hopkinton or within any regional area; and

(6)

Other public facilities consistent with a community's capital improvement program.

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 or structures that will result in additional 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.

(Ch. 162, § 4, 10-29-01)

Sec. 13.5-115. - Imposition of public 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 facilities shall be based upon needs as established by the capital improvement program or regional master plan for educational facilities 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.

(c)

A fee schedule for educational facilities, per residential dwelling unit, shall be established by the town council annually for the fiscal year.

(d)

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. The student generation and/or educational impact documentation submitted shall show the basis upon which the independent fee calculation was made.

(Ch. 162, § 5, 10-29-01)

Sec. 13.5-116. - Calculation of the impact fee.#

The impact fee for all educational facilities shall be based on the following formula: (1)

The latest estimated capital improvement cost for educational facilities times the actual percentage share that Hopkinton pupils represent within the total student body as calculated by the school administration on October 1 of each year, divided by the total number of existing dwelling units, as of December 31 of each year as provided by the tax assessor. The impact fee shall be recalculated on March 1 of each year, based on updated figures, as available and shall take effect on July 1 of each year.

(2)

The town council determines that the fee to be charged shall be twenty-five (25) percent of the calculated fee as provided in subsection (1).

(Ch. 162, § 6, 10-29-01)

Sec. 13.5-117. - Payment of fee.#

The fee payer shall be assessed the educational 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 certificate of occupancy.

(Ch. 162, § 7, 10-29-01)

Sec. 13.5-118. - 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 (8) 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 construction, expansion or renovation of new school 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 (8) 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 twelve (12) years.

(d)

Funds withdrawn from this account must be used in accordance with the provisions of section 13.5-119 of this article.

(Ch. 162, § 8, 10-29-01)

Sec. 13.5-119. - 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 constructing educational facilities for the Town of Hopkinton. Such funds shall be spent solely to acquire, construct, expand, and equip the educational sites and educational capital facilities necessitated by new development.

(b)

If the Town of Hopkinton were to remain as part of a two-two or three-town regional school district, the town and such regional school district shall enter into a memorandum of agreement (MOA) that shall set forth the proper use of the funds collected pursuant to this article.

(c)

Funds may be used to make refunds required by section 13.5-121 of this article.

(Ch. 162, § 9, 10-29-01)

Sec. 13.5-120. - Vested rights.#

Pursuant to Section 12 of the Zoning Ordinance, any application for a building permit that has been submitted and has been deemed complete prior to the adoption of this amendment, shall have vested rights to proceed with the application and receive a building permit or CO without requiring the payment of an impact fee.

(Ch. 162, § 10, 10-29-01)

Sec. 13.5-121. - Refund of fees paid.#

(a)

Any funds not expended or encumbered by the end of the calendar quarter immediately following eight (8) years, or twelve (12) years if section 13.5-118(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. 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 said current owner of record by certified letter, return receipt requested, that a refund of impact fees are due for the reasons provided in subsection (a). Said current owner of record may respond and submit an application for a refund to the building official within one (1) year from the date of receipt of the town's notice. Failure to respond within the specified time period shall indicate a waiver for such refund.

(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 of Hopkinton at least two (2) times. All funds available for refund shall be retained for a period of one (1) year. At the end of the one (1) 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.

(Ch. 162, § 11, 10-29-01)

Sec. 13.5-122. - 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 for remodeling, rehabilitation, or other improvements to an existing structure where the use is not 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 and use.

(4)

Impact fees shall not be imposed on nonresidential buildings and structures.

(5)

Any developments that are exempt pursuant to section 13.5-118 of the Hopkinton Growth Management Ordinance are also exempt from impact fees.

(Ch. 162, § 12, 10-29-01)

Sec. 13.5-123. - Effective date.#

Following the adoption of this article, the impact fee shall be calculated as provided above, and shall take effect on the January 1, 2002.

Applications submitted and accepted as complete before January 1, 2002 shall not be subject to this amendment. This amendment shall supersede any and all ordinances inconsistent herewith.

(Ch. 162, § 13, 10-29-01)