(a)  Whereas, the general assembly finds that an equitable program is needed for the planning and financing of public facilities to serve new growth and development in the cities and towns in order to protect the public health, safety and general welfare of the citizens of this state.

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Terms Used In Rhode Island General Laws 45-22.4-2

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

(b)  Whereas, it is therefore the public policy of the state and in the public interest that cities and towns are authorized to assess, impose, levy and collect fees defined herein as impact fees for all new development within their jurisdictional limits.

(c)  Whereas, it is the intent of the general assembly by enactment of this act 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 for local governments 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;

(4)  Establish standards for the adoption of development impact fee ordinances by governmental entities;

(5)  Empower governmental entities which are authorized to adopt ordinances to impose development impact fees.

History of Section.
P.L. 2000, ch. 508, § 1.