Definitions

As used in this article, the following words have the meanings stated in this section:

• • (A) Capital improvements means improvements with a useful life of ten years or more, which increases or improves the service capacity of a public facility;

  • (B) Capital improvement program means that component of the town's budget or the school district's master plan that sets out the need for public facility capital improvements for educational facilities, the costs of the 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;

  • (C) Developer means a person or legal entity undertaking development, including any one person commencing a subdivision or land development project which may reasonably be expected to place students in the public schools, place additional burdens on the town's educational and other municipal facilities and which requires the issuance of a building permit for one or more residential buildings;

  • (D) Impact fee means the charge imposed upon new development by the Town of Tiverton to fund all or a portion of the public facility's capital improvements affected by the new development from which it is collected;

  • (E) Proportionate share means that portion of the cost of system improvements which reasonably relates to the service demands and needs of the project; and

  • (F) Public facilities means:

    • (1) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;

    • (2) Storm water collection, retention, detention, treatment, and disposal facilities, flood control facilities, bank and shore projections, and enhancement improvements;

    • (3) Parks, open space areas, and recreation facilities;

    • (4) Police, emergency medical, rescue, and fire protection facilities;

    • (5) Public schools, including those capital projects undertaken by the town school district to accommodate existing and future Tiverton school-age pupils. Such facilities may be located within Tiverton; and

    • (6) Other public facilities consistent with a community's capital improvement program.

  • (G) Capital costs of public facilities are expenditures for the acquisition of fixed assets or additions to fixed assets and expenditures for site acquisition, construction, design, site development, necessary off-site improvements, capital equipment pertaining to such facilities, and debt service to finance such capital costs.

  • (H) Independent fee calculation study means the demographic and/or capital facilities impact documentation prepared by a fee payer to allow the determination of the impact fee other than by the method established by this article.

(Ord. of 11-13-07)