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)