Findings
(A) In accordance with G.L. tit. 45 ch. 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 Tiverton 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 of Tiverton must improve and expand its public 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;
(E) The State of Rhode Island through the enactment of Rhode Island Comprehensive Planning Act of 1988 and the Zoning Enabling Act of 1991 (RIGL section 45-24-30) has sought to encourage Tiverton to enact innovative development regulations and techniques. Title 45 chapter 45-22.4 specifically enables the town council to adopt impact fee ordinances.
(F) The imposition of impact fees is one 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.
G) The fees established by this article are derived from, based upon, and do not exceed the costs of providing for such facilities necessitated by new land developments for which the fees are levied. Such costs are established by the town's needs assessment, including the Tiverton Elementary School Facilities Comprehensive Study.
(H) The report entitled "Town of Tiverton, Rhode Island, Growth Management — Needs Assessment for Impact Fee Schedule and Ordinance," dated July 30, 2007, and as amended from time to time, sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of facilities in Tiverton.
(Ord. of 11-13-07)