Notice of Public Hearing

Posted Tuesday, October 25, 2016 4:52 pm

FINANCE COMMITTEE

NOTICE OF PUBLIC HEARING

A Public Hearing on the following proposed Ordinance will be held before the Finance Committee on Thursday, November 17, 2016 at 6:30 p.m. Council Chambers, 869 Park Avenue, Cranston, RI. pursuant to Section 3.12 of the Charter.

Complete copies of proposed Ordinance is available for public review at the City Clerk’s Office and the Cranston Central Library and can be viewed on the City’s website cranstonri.com under calendar by clicking on the meeting date.

“Individuals requesting interpreter services for the deaf or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”

Steven A. Stycos, Chair Maria Medeiros Wall, JD

Finance Committee City Clerk

PROPOSED ORDINANCE 10-16-02 IN AMENDMENT OF CH. 15.04.020(A) OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED

“BUILDING CODE” (Amendments, Additions and Deletions”

(Impact Fees Revised)

It is ordained by the City Council of the City of Cranston as follows:

SECTION 1. Section 15.04.020(A) of the Code of the City of Cranston, 2005, entitled “Building Code – Amendments, Additions and Deletions” is hereby amended as follows:

ARTICLE 17. A. Schedule of Capital Facilities Development Impact Fees.

1. Application. For all new residential, commercial and industrial construction, not requiring subdivision approval, after the effective date of this section, the owner is required to pay a capital facilities development impact fee, (hereafter called “the fee”) in accordance with the following schedule:

Service Areas Fee

Eastern Cranston [$593.46] $682.00 per residential dwelling unit

Western Cranston [$1,389.50] $1,598.00 per residential dwelling unit

2. Service Areas. Service area boundaries are defined as follows:

a. Eastern Cranston. The entire city excluding land area located within census tracts 145 and 146.

b. Western Cranston. That land area of the city located within census tracts 145 and 146.

3. Assessment. The fee shall be assessed by the building inspector and paid in full as part of the permit application process. In special cases, the building inspector may at his or her discretion allow an applicant to pay fifty (50) percent of the fee at the building permit application stage, requiring the remainder to be paid at any time prior to issuance of a certificate of occupancy. In such cases the dollar amount of the impact fee yet to be paid shall constitute a lien on the property should the owner choose to sell said property prior to receiving an occupancy permit. In no case shall a certificate of occupancy be issued until the impact fee for the property is paid in full.

4. Distribution of Proceeds. Revenue from the impact fee assessments shall be placed in the accounts designated below:

a. Recreation trust fund;

b. Police trust fund;

c. Library trust fund;

d. Roadway trust fund.

5. Apportionment of Proceeds. The formula for apportioning the impact fee proceeds to the four funds shall be dependent upon the service area in which the property being built upon is located. The fee collected and its apportionment shall conform to one of the two following subparagraphs:

a. For developments in eastern Cranston:

Recreation $422.34 $485.00 per residential dwelling unit

Police $171.12 $197.00 per residential dwelling unit

Total $593.46 $682.00 per residential dwelling unit

b. For developments in western Cranston:

Recreation $422.34 $485.00 per residential dwelling unit

Police $171.12 $197.00 per residential dwelling unit

Library $181.21 $208.00 per residential dwelling unit

Roadways $614.83 $708.00 per residential dwelling unit

Total $1,389.50 $1,598.00 per residential dwelling unit

6. Expenditures. Expenditures from funds identified in subsection (A)(4)(a) through (d) of this section shall be made by the City Council through the capital improvement program to provide expansion of major capital facilities necessitated by residential growth.

7. Annual Review. The building inspector shall annually review the fee schedule established herein and shall report to the city council, at its first meeting of each fiscal year, the results of such review including any recommended revisions of said schedule based on changes in construction or other capital cost indexes, and/or changes in zoning. The building inspector shall also consider changes and or amendments in the fee formulation and assessments, including the establishment of new trust funds for the purpose of collecting capital development impact fees for major capital facilities not currently anticipated. (Ord. 03-50 § 1; Ord. 02-1 § 1; prior code § 5-2)

B. Schedule of Water Connection Fees

1. Application. For all new residential, commercial and industrial construction and for existing development serviced by wells located in the Western Cranston Water District, except for parcels that have already paid a water impact fee, after the effective date of this section, the owner is required to pay a City of Cranston Water Connection Fee, (hereafter called “the water fee”) in accordance with the following schedule:

c. Water fees for developments in western Cranston Water district:

For Residential developments $3,071 $3,532.00 per residential dwelling unit

For commercial and/or [$6,003] $6,903.00 per commercial or

industrial developments industrial acre that is developed

2. Service Areas. Service area boundaries for the Western Cranston Water District are as shown on a map entitled “West Cranston Water District Map” dated October, 2008, which is attached hereto as Exhibit “A”. Generally, the area includes land bordered on the east by Interstate Route 295, to the north by the Town of Johnston, to the west by the Town of Scituate and to the south by the Towns of West Warwick and Coventry, also including an area to the east of Interstate Route 295 as delineated on the referenced Western Cranston Water District Map.. The West Cranston Water District Map shall be incorporated into this ordinance by reference and made part thereof.

Excepting therefrom that portion of the hereinabove described premises serviced by the Kent County Water Authority.

3. Assessment. For new development, the water fee shall be assessed by the building inspector and paid in full as part of the permit application process. For existing development serviced by wells, the water fee shall be assessed by the building inspector and paid in full as part of the permits application process when the dwelling is connected to the public water system. In special cases, the building inspector may at his or her discretion allow an applicant to pay fifty (50) percent of the water fee at the building permit application stage, requiring the remainder to be paid at any time prior to issuance of a certificate of occupancy. In such cases the dollar amount of the water fee yet to be paid shall constitute a lien on the property should the owner choose to sell said property prior to receiving an occupancy permit. In no case shall a certificate of occupancy be issued until the impact fee for the property is paid in full.

4. Distribution of Proceeds. Revenue from the water fee assessments shall be placed in the Water Trust Fund Account.

5. Expenditures. Expenditures from funds identified in subsection (B)(4) of this section will be paid to the Providence Water Supply Board in accordance with the terms and conditions of that certain agreement attached to and incorporated into Ordinance No. 96-53 passed by the Cranston city council on October 28, 1996 as amended, to be used by the Providence Water Supply Board for the purpose of expansion of the water system necessitated by residential, commercial and industrial growth in the western Cranston water district.

6. Refunds: There shall be no refund of fees paid by developments located in the Western Cranston Water District as it existed prior to the adoption of this amendment.

7. Periodic Review. The City of Cranston in conjunction with the Water Supply Board shall periodically review, as needed, the water fee schedule established herein and shall report to the

City Council the results of such review including any recommended revisions of said schedule based on changes in construction or other capital cost indexes, and/or changes in zoning.