For the purpose of this subchapter, the following definitions shall 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, (RIGL 45-22.4-1 to 9).
(A) APPLICANT. 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 § 150.19 and any successor in interest of such person.
(B)
CAPITAL IMPROVEMENTS. 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. 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. A person or legal entity undertaking development.
(F)
GOVERNMENTAL ENTITY. A unit of local government;
(G)
IMPACT FEE. 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. That portion of the cost of system improvements which reasonably relates to the service demands and needs of the project.
(I) PUBLIC FACILITIES.
(1) Water supply production, treatment, storage, and distribution facilities;
(2) Wastewater and solid waste collection, treatment, and disposal facilities (referred to as "Sanitary Sewer Facilities");
(3) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;
(4) Stormwater collection, retention, detention, treatment, and disposal facilities, flood control facilities, bank and shore projections, and enhancement improvements;
(5) Parks, open space areas, and recreation facilities (referred to as "Recreation Facilities");
(6) Police (referred to as "Police Facilities"), emergency medical, rescue, and fire protection facilities (referred to as "Fire Facilities");
(7) Public schools (referred to as "School Facilities"); and
(8) Libraries, senior centers and other public facilities consistent with the town's capital improvement program (the Public Facilities listed in divisions (1), (3), (4) and (8) hereof are collectively referred to as "General Government Facilities").
(Ord. passed 8-16-04; Am. Ord. 2016-15, passed 10-3-16; Am. Ord. 2018-6, passed 3-19-18; Am. Ord. 2020-8, passed 9-21-20)