§ 45-22.4-5 Collection and expenditure ofimpact fees. – (a) The collection and expenditure of impact fees must be reasonably related tothe benefits accruing to the development paying the fees. The ordinance mayconsider the following requirements:
(1) Upon collection, impact fees must be deposited in aspecial proprietary fund, which shall be invested with all interest accruing tothe trust fund;
(2) Within eight (8) years of the date of collection, impactfees shall be expended or encumbered for the construction of public facilities'capital improvements of reasonable benefit to the development paying the feesand that are consistent with the capital improvement program;
(3) Where the expenditure or encumbrance of fees is notfeasible within eight (8) years, the governmental entity may retain impact feesfor a longer period of time if there are compelling reasons for the longerperiod. In no case shall impact fees be retained longer than twelve (12) years.
(b) All impact fees imposed pursuant to the authority grantedin this chapter shall be assessed upon the issuance of a building permit orother appropriate permission to proceed with development and shall be collectedin full upon the issuance of the certificate of occupancy or other final actionauthorizing the intended use of a structure.
(c) A governmental entity may recoup costs of excess capacityin existing capital facilities, where the excess capacity has been provided inanticipation of the needs of new development, by requiring impact fees for thatportion of the facilities constructed for future users. The need to recoupcosts for excess capacity must have been documented by a preconstructionassessment that demonstrated the need for the excess capacity. Nothingcontained in this chapter shall prevent a municipality from continuing toassess an impact fee that recoups costs for excess capacity in an existingfacility without the preconstruction assessment so long as the impact fee wasenacted at least ninety (90) days prior to July 22, 2000 and is in compliancewith this chapter in all other respects pursuant to § 45-22.4-7. The feesimposed to recoup the costs to provide the excess capacity must be based on thegovernmental entity's actual cost of acquiring, constructing, or upgrading thefacility and must be no more than a proportionate share of the costs to providethe excess capacity. That portion of an impact fee deemed recoupment isexempted from provisions of § 45-22.4-5(a)(2).
(d) Governmental entities may accept the dedication of landor the construction of public facilities in lieu of payment of impact feesprovided that:
(1) The need for the dedication or construction is clearlydocumented in the community's capital improvement program or comprehensive plan;
(2) The land proposed for dedication for the facilities to beconstructed are determined to be appropriate for the proposed use by the localgovernmental entity;
(3) Formulas and/or procedures for determining the worth ofproposed dedications or constructions are established.
(e) Exemptions: Impact fees shall not be imposed forremodeling, rehabilitation, or other improvements to an existing structure, orrebuilding a damaged structure, unless there is an increase in the number ofdwelling units or any other measurable unit for which an impact fee iscollected. Impact fees may be imposed when property which is owned orcontrolled by federal or state government is converted to private ownership orcontrol.
(1) Impact fees shall not be imposed for remodeling,rehabilitation, or other improvements to an existing structure, or rebuilding adamaged structure, unless there is an increase in the number of dwelling unitsor any other measurable unit for which an impact fee is collected. Impact feesmay be imposed when property which is owned or controlled by federal or stategovernment is converted to private ownership or control.
(2) Nothing in this chapter shall prevent a municipality fromgranting any exemption(s) which it deems appropriate.
§ 45-22.4-5 Collection and expenditure ofimpact fees. – (a) The collection and expenditure of impact fees must be reasonably related tothe benefits accruing to the development paying the fees. The ordinance mayconsider the following requirements:
(1) Upon collection, impact fees must be deposited in aspecial proprietary fund, which shall be invested with all interest accruing tothe trust fund;
(2) Within eight (8) years of the date of collection, impactfees shall be expended or encumbered for the construction of public facilities'capital improvements of reasonable benefit to the development paying the feesand that are consistent with the capital improvement program;
(3) Where the expenditure or encumbrance of fees is notfeasible within eight (8) years, the governmental entity may retain impact feesfor a longer period of time if there are compelling reasons for the longerperiod. In no case shall impact fees be retained longer than twelve (12) years.
(b) All impact fees imposed pursuant to the authority grantedin this chapter shall be assessed upon the issuance of a building permit orother appropriate permission to proceed with development and shall be collectedin full upon the issuance of the certificate of occupancy or other final actionauthorizing the intended use of a structure.
(c) A governmental entity may recoup costs of excess capacityin existing capital facilities, where the excess capacity has been provided inanticipation of the needs of new development, by requiring impact fees for thatportion of the facilities constructed for future users. The need to recoupcosts for excess capacity must have been documented by a preconstructionassessment that demonstrated the need for the excess capacity. Nothingcontained in this chapter shall prevent a municipality from continuing toassess an impact fee that recoups costs for excess capacity in an existingfacility without the preconstruction assessment so long as the impact fee wasenacted at least ninety (90) days prior to July 22, 2000 and is in compliancewith this chapter in all other respects pursuant to § 45-22.4-7. The feesimposed to recoup the costs to provide the excess capacity must be based on thegovernmental entity's actual cost of acquiring, constructing, or upgrading thefacility and must be no more than a proportionate share of the costs to providethe excess capacity. That portion of an impact fee deemed recoupment isexempted from provisions of § 45-22.4-5(a)(2).
(d) Governmental entities may accept the dedication of landor the construction of public facilities in lieu of payment of impact feesprovided that:
(1) The need for the dedication or construction is clearlydocumented in the community's capital improvement program or comprehensive plan;
(2) The land proposed for dedication for the facilities to beconstructed are determined to be appropriate for the proposed use by the localgovernmental entity;
(3) Formulas and/or procedures for determining the worth ofproposed dedications or constructions are established.
(e) Exemptions: Impact fees shall not be imposed forremodeling, rehabilitation, or other improvements to an existing structure, orrebuilding a damaged structure, unless there is an increase in the number ofdwelling units or any other measurable unit for which an impact fee iscollected. Impact fees may be imposed when property which is owned orcontrolled by federal or state government is converted to private ownership orcontrol.
(1) Impact fees shall not be imposed for remodeling,rehabilitation, or other improvements to an existing structure, or rebuilding adamaged structure, unless there is an increase in the number of dwelling unitsor any other measurable unit for which an impact fee is collected. Impact feesmay be imposed when property which is owned or controlled by federal or stategovernment is converted to private ownership or control.
(2) Nothing in this chapter shall prevent a municipality fromgranting any exemption(s) which it deems appropriate.
§ 45-22.4-5 Collection and expenditure ofimpact fees. – (a) The collection and expenditure of impact fees must be reasonably related tothe benefits accruing to the development paying the fees. The ordinance mayconsider the following requirements:
(1) Upon collection, impact fees must be deposited in aspecial proprietary fund, which shall be invested with all interest accruing tothe trust fund;
(2) Within eight (8) years of the date of collection, impactfees shall be expended or encumbered for the construction of public facilities'capital improvements of reasonable benefit to the development paying the feesand that are consistent with the capital improvement program;
(3) Where the expenditure or encumbrance of fees is notfeasible within eight (8) years, the governmental entity may retain impact feesfor a longer period of time if there are compelling reasons for the longerperiod. In no case shall impact fees be retained longer than twelve (12) years.
(b) All impact fees imposed pursuant to the authority grantedin this chapter shall be assessed upon the issuance of a building permit orother appropriate permission to proceed with development and shall be collectedin full upon the issuance of the certificate of occupancy or other final actionauthorizing the intended use of a structure.
(c) A governmental entity may recoup costs of excess capacityin existing capital facilities, where the excess capacity has been provided inanticipation of the needs of new development, by requiring impact fees for thatportion of the facilities constructed for future users. The need to recoupcosts for excess capacity must have been documented by a preconstructionassessment that demonstrated the need for the excess capacity. Nothingcontained in this chapter shall prevent a municipality from continuing toassess an impact fee that recoups costs for excess capacity in an existingfacility without the preconstruction assessment so long as the impact fee wasenacted at least ninety (90) days prior to July 22, 2000 and is in compliancewith this chapter in all other respects pursuant to § 45-22.4-7. The feesimposed to recoup the costs to provide the excess capacity must be based on thegovernmental entity's actual cost of acquiring, constructing, or upgrading thefacility and must be no more than a proportionate share of the costs to providethe excess capacity. That portion of an impact fee deemed recoupment isexempted from provisions of § 45-22.4-5(a)(2).
(d) Governmental entities may accept the dedication of landor the construction of public facilities in lieu of payment of impact feesprovided that:
(1) The need for the dedication or construction is clearlydocumented in the community's capital improvement program or comprehensive plan;
(2) The land proposed for dedication for the facilities to beconstructed are determined to be appropriate for the proposed use by the localgovernmental entity;
(3) Formulas and/or procedures for determining the worth ofproposed dedications or constructions are established.
(e) Exemptions: Impact fees shall not be imposed forremodeling, rehabilitation, or other improvements to an existing structure, orrebuilding a damaged structure, unless there is an increase in the number ofdwelling units or any other measurable unit for which an impact fee iscollected. Impact fees may be imposed when property which is owned orcontrolled by federal or state government is converted to private ownership orcontrol.
(1) Impact fees shall not be imposed for remodeling,rehabilitation, or other improvements to an existing structure, or rebuilding adamaged structure, unless there is an increase in the number of dwelling unitsor any other measurable unit for which an impact fee is collected. Impact feesmay be imposed when property which is owned or controlled by federal or stategovernment is converted to private ownership or control.
(2) Nothing in this chapter shall prevent a municipality fromgranting any exemption(s) which it deems appropriate.
