No building of any kind shall be moved over,
along or upon any public street or highway in the Town unless the
mover first notifies the Chief of Police of the proposed move and
arranges for the services of the police, when in the judgment of the
Chief of Police such services are necessary. The mover shall pay for
the services of any special policeman assigned for such purpose by
the Chief of Police.
No person shall erect or cause to be erected
or placed upon any land in the Town any quonset-type hut or similar
building without first obtaining the permission of the Town Council.
The schedule of fees for all building permits
is not printed herein, but a complete schedule of all fees is on file
in the Building Official's office.
[Amended 2-10-1992 by Ord. No. 2-92-0184]
A. Responsibility of Building Inspector. The Building
Inspector of the Town is charged with the responsibility for issuance
and denial of building permits.
B. Protection of public health, safety and welfare. There
is an urgency to protect the public health, safety and welfare by
ensuring that completion of all subdivisions is guaranteed by fiscally
solvent bonds.
C. Issuance of certain building permits for new construction
secured by bonds. The Building Inspector is hereby ordered not to
issue any further building permits for new construction in a subdivision
secured by a bond, the guarantor of which is insolvent, defunct or
closed institution, until and unless the developer and/or contractor
replaces the bond with another guarantee suitable to the Town Planning
Commission or completes the infrastructure of the development to the
satisfaction of the Town Engineer. The term "infrastructure," as used
in this subsection, does not include sidewalks for purposes of determining
whether a building permit may be issued, but shall include sidewalks
for purposes of bonding requirements.
[Amended 3-26-2001 by Ord. No. 2-01-0224; 5-13-2002 by Ord. No. 2-02-0229; 9-13-2010 by Ord. No. 02-10-280]
A. Authority. Rhode Island General Laws Title 45, Chapter 45-22.4-1
et seq., authorizes cities and towns to impose development impact
fees. The purposes of such impact fees is to ensure that adequate
public facilities are available to serve new growth and development;
to ensure that new growth and development does not place an undue
financial burden upon existing taxpayers; and to promote orderly growth
and development by imposing upon new development a proportionate fair
share of the cost of new and/or upgraded public facilities needed
to serve new growth and development within the community.
B. Intent. The fees established in this section are consistent with
and intended to assist in the implementation of the Town's Comprehensive
Community Plan. It is the intent of this section to regulate the use
and development of land so as to ensure that new development bears
a proportionate share of expenses related to capital improvements
for public facilities. Said public facilities include roads, streets,
and bridges; stormwater collection, retention, detention, treatment
and disposal facilities; flood control improvements; parks, open space
and recreation facilities; police facilities; public school facilities;
library facilities; and other public facilities consistent with the
Town's capital improvement program. The findings set forth in the
Fair Share Development Fee Report sets forth a reasonable methodology
and analysis for the determination of the impact fees on new residential
development and are adopted herewith.
C. Definitions. As used in this section, the following words have the
meanings stated herein:
CAPITAL IMPROVEMENT PROGRAM
The component of a municipal budget that sets out the need
for public facility capital improvements, the cost of the proposed
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.
CAPITAL IMPROVEMENTS
Improvements with a useful life of 10 years or more which
increase or improve the service capacity of existing, proposed or
future public facilities.
DEVELOPER
A person or legal entity undertaking development.
DEVELOPMENT
Includes but is not limited to major residential subdivisions,
minor residential subdivisions and all land development projects having
a residential component.
FAIR SHARE DEVELOPMENT FEE
Which shall also mean "impact fee," shall be any charge imposed
upon any new or expanded development by the Town of Coventry to fund
all or a portion of a public facility's capital improvements affected
by new development from which it is collected.
PROPORTIONATE SHARE
That portion of the cost of improvements which reasonably
relates to the service demands and needs of the project.
PUBLIC FACILITIES
(1)
Roads, streets, bridges, including rights-of-way, traffic signals
and devices, landscaping and local components of state and federal
highways;
(2)
Stormwater collection, retention, detention, treatment and disposal
facilities, flood control facilities and enhancement improvements;
(3)
Parks, open space areas and recreation facilities;
(4)
Police, emergency management and public safety facilities;
(7)
Other public facilities consistent with the Town's capital improvement
program.
D. Imposition of fair share development fee, also known as "impact fees."
(1) Any person or legal entity applying for any building permit after
the effective date of this section which creates an additional residential
dwelling unit is hereby required to pay a fair share development fee,
also known as an "impact fee," in the manner and amount set forth
in this section.
(2) Said fee shall be paid in full prior to the issuance of a certificate
of occupancy or other final action authorizing the intended use of
a structure.
[Amended 6-27-2016 by Ord. No. 04-16-310]
E. Calculation of the fair share development fee, also known as the
"impact fee."
(1) The fair share development fee is $5,854 per residential dwelling
unit. In support thereof, the Town conducted a needs assessment as
more fully set forth in the Fair Share Development Fee Report.
[Amended 12-7-2020 by Ord. No. 12-20-339]
(2) The amount of the fair share development fee may be reviewed and
amended from time to time as determined necessary by the Town Council.
(3) The fair share development fee shall be reasonably related to new
developments' share of the costs of infrastructure improvements necessitated
by the new development. Said costs shall represent public facility
expansion or improvements or reasonable estimates of the costs of
expansion or improvements to be incurred by the Town.
(4) The fees per residential dwelling unit shall be apportioned as follows:
[Amended 12-7-2020 by Ord. No. 12-20-339]
(b)
Parks and recreation: $878.
(f)
Government center/library expansion: $176.
(h)
Other public facilities: $175.
F. Exemptions. The following shall be exempted from payment of the fair
share development fee:
(1) Fees shall not be imposed for remodeling, rehabilitation or other
improvements to an existing structure when the use is not changed.
(2) Fees shall not be imposed for the construction of accessory buildings
or structures which do not increase the number of residential dwelling
units on the property.
(3) Fees shall not be imposed for the rebuilding of a destroyed or partially
destroyed building or structure which does not increase the number
of former residential units on the property.
(4) Fees shall not be imposed upon one residential dwelling unit per
lot of record. As used in this subsection, a "lot of record" is a
lot which was legally created and recorded prior to September 25,
2000.
(5) The payment of the public schools portion of the fair share development
fee shall be deferred for housing for older person. "Housing for older
persons" shall mean dwelling units that are permanently restricted
for occupancy by at least one person over the age of 55 years. Satisfactory
evidence of the restriction shall be attached to the building permit
application. In the event that the housing which qualifies for this
deferment is later acquired by a person, persons or legal entity who
does not meet the age requirements for this subsection, the portion
of the fair share development fee attributable to public schools shall
be assessed and collected at such time.
(6) Any Town of Coventry resident who has resided in the Town for a minimum
of 10 years shall be exempt from the fees for a maximum of two dwelling
units, provided that satisfactory evidence shall be attached to the
building permit application demonstrating that said dwelling units
are being conveyed to a relative of the ten-year resident. A "relative,"
for purposes of this subsection, shall mean a grandparent, parent,
child, grandchild, brother or sister.
G. Collection and expenditure of fair share development fees.
(1) There is hereby established a separate capital facilities impact
fee trust fund to be administered by the Finance Director. 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
section.
(2) 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.
(3) 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.
(4) Funds withdrawn from this trust fund/account shall be spent solely
to acquire, construct, expand and/or improve capital improvement facilities
identified in this section.
(5) The Town may accept the dedication of land or the construction of
public facilities in lieu of the payment of all or a portion of the
fair share development fees.
(6) The Town may recoup costs of excess capacity in existing capital
facilities where the excess capacity has been provided in anticipation
of the needs of new development in order to cover that portion of
the facilities constructed for future users. Said facilities include
the Town Hall Annex, the Human Services Department and Parks and Recreation
facilities.
H. Notice to future homeowners.
(1) In the instance of a subdivision or land development project, notice
of the imposition of fair share development fees shall be provided
on the record plan. Said plan shall be recorded in the land evidence
records of the Town of Coventry.
(2) In all instances where a parcel of real estate (vacant or developed)
is sold to a new owner prior to issuance of a certificate of occupancy,
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.
I. Alternative means of satisfying assessments for subdivisions and
land development projects.
(1) In the event of a subdivision or land development project, the applicant
may, upon the request of the Planning Commission, agree to satisfy
the assessments in the following manner in lieu of payment of a particular
fee: dedication of land, performance of construction services, purchase
of equipment, payment of fee or any combination thereof. The total
value of the applicant's contribution shall not be less than the amount
of the particular projected fee involved. If the applicant uses alternative
means to satisfy a particular fee, the alternative means cannot partially
satisfy the projected fee involved; the particular fee must be entirely
satisfied. The value of the applicant's contribution and scope of
work shall be determined by the Planning Commission, upon the recommendation
of the Town Engineer. The Planning Commission shall document the value
of the applicant's contribution. A copy thereof shall be placed and
maintained in the Department of Planning and Development's file for
the particular subdivision or land development project.
(2) In the event that construction services are performed by the applicant
or on its behalf, the 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 inspections 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 the applicant.
J. Annual review. After collaboration with the departments who are apportioned
a share of the fees, the Finance Director shall present an annual
report to the Town Council on the status of any fair share development
fees collected by the Town. The report shall be presented to the Town
Council prior to the adoption of the Capital Improvement Plan. The
report shall specify the amount of the fees collected, how the monies
were expended and whether there are any anticipated expenditures in
the future.