Section 45-22.4-1. – Title.

§ 45-22.4-1. Title. Chapter 22.4 of this title shall be known as the “Rhode Island Development Impact Fee Act”. History of Section.P.L. 2000, ch. 508, § 1.

Section 45-22.4-2. – Legislative findings and intent.

§ 45-22.4-2. Legislative findings and intent. (a) Whereas, the general assembly finds that an equitable program is needed for the planning and financing of public facilities to serve new growth and development in the cities and towns in order to protect the public health, safety and general welfare of the citizens of this state. (b) […]

Section 45-22.4-3. – Definitions.

§ 45-22.4-3. Definitions. As used in this chapter, the following words have the meanings stated in this section: (1) “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; (2) “Capital improvement program” means that component of a municipal budget […]

Section 45-22.4-4. – Calculation of impact fees.

§ 45-22.4-4. Calculation of impact fees. (a) The governmental entity considering the adoption of impact fees shall conduct a needs assessment for the type of public facility or public facilities for which impact fees are to be levied. The needs assessment shall identify levels of service standards, projected public facilities capital improvements needs, and distinguish […]

Section 45-22.4-5. – Collection and expenditure of impact fees.

§ 45-22.4-5. Collection and expenditure of impact fees. (a) The collection and expenditure of impact fees must be reasonably related to the benefits accruing to the development paying the fees. The ordinance shall consider the following requirements: (1) Upon collection, impact fees must be deposited in a special proprietary fund, which shall be invested with […]

Section 45-22.4-6. – Refund of impact fees.

§ 45-22.4-6. Refund of impact fees. (a) If impact fees are not expended or encumbered within the period established in § 45-22.4-5, the governmental entity shall refund to the fee payer or his or her successors the amount of the fee paid and accrued interest. The governmental entity shall send the refund to the fee […]

Section 45-22.4-7. – Compliance.

§ 45-22.4-7. Compliance. No later than two (2) years after July 22, 2000, governmental entities shall conform all impact fee ordinances existing on July 22, 2000 to the provisions of this chapter. History of Section.P.L. 2000, ch. 508, § 1; P.L. 2009, ch. 310, § 53.

Section 45-22.4-8. – Adoption of impact fees.

§ 45-22.4-8. Adoption of impact fees. Impact fees shall be adopted by ordinance and the adoption of an impact fee ordinance or amendment to that ordinance shall be by affirmative vote of not less than a majority of the total membership of the governing body in attendance at the meeting, in the manner prescribed by […]

Section 45-22.4-9. – Severability.

§ 45-22.4-9. Severability. If any portion of this chapter or any rule, regulation, or determination made under this chapter, or the application of this chapter to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or determination and the application of those provisions […]