Title 45
Towns and Cities

Chapter 22.4
Rhode Island Development Impact Fee Act

§ 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 that sets out the need for public facility capital improvements, the costs of the improvements, and proposed funding sources. A capital improvement program must cover at least a five (5) year period and should be reviewed at least every five (5) years;

(3) “Developer” means a person or legal entity undertaking development;

(4) “Governmental entity” means a unit of local government;

(5) “Impact fee” means 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;

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

(7) “Public facilities” means:

(i) Water supply production, treatment, storage, and distribution facilities;

(ii) Wastewater and solid waste collection, treatment, and disposal facilities;

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

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

(v) Parks, open space areas, and recreation facilities;

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

(vii) Public schools and libraries; and

(viii) Other public facilities consistent with a community’s capital improvement program.