Rhode Island Code of Regulations Title 885 - East Providence Waterfront District
📘 Overview of Title 885 – East Providence Waterfront District
Title 885 pertains to the East Providence Waterfront District, a designated area aimed at promoting sustainable development along the waterfront. The regulations within this title are designed to facilitate controlled and orderly development, ensuring that projects align with the district's goals and standards.
Part 3 – East Providence Waterfront Commission Application and Processing Fees
This part outlines the fee structure associated with applications and processing for development projects within the district.
3.1 Commission Fees – General
Application Fees: Applicants are required to pay fees associated with the review and processing of their applications. These fees are essential for covering the administrative costs incurred by the Waterfront Commission during the evaluation of proposed projects.
3.2 Tier I Fees – Minor Projects
Definition: Minor projects are those with an estimated construction cost of $100,000 or less.
Fee Structure: A flat fee is applied to these projects to cover the basic administrative costs of review and processing.
3.3 Tier II Fees – Major Projects
Definition: Major projects are those with an estimated construction cost exceeding $100,000.
Fee Structure:
Development Fees: For projects with costs less than $5 million, a fee of 0.50% of the total construction cost is applied. For projects costing $5 million or more, the fee is due in four phases:
At Application: 25% of the total fee.
Prior to Notice of Decision: 10% of the total fee.
At First Building Permit Application: 50% of the total fee.
At First Certificate of Occupancy Application: 15% of the total fee.
Multi-Phase Projects: Considered as one project, and the total fee reflects the entire project's cost.
Verification: Applicants must provide a detailed construction cost estimate, broken down by land use, to facilitate fee calculation.
3.4 Public Entities
Fee Adjustments: Public entities may be eligible for fee adjustments or exemptions, depending on the nature and scope of the project.
3.5 Other Miscellaneous Fees
Additional Charges: Other fees may apply for specific services or circumstances not covered under the standard fee structures.
3.6 City Application Fees
Local Fees: In addition to state-level fees, applicants may be required to pay application fees to the City of East Providence for local review and processing.
3.7 Tax Increment Financing (TIF) Fees
TIF Applications: Projects seeking Tax Increment Financing may incur additional fees associated with the evaluation and processing of TIF applications.
⚖️ Relevant Case Law
While specific case law directly interpreting Title 885 is limited, the regulations have been referenced in various legal contexts:
Licensing Disputes: Cases where individuals contest the denial or revocation of their development approvals often reference the standards set forth in Title 885.
Environmental Compliance: Legal actions taken against developers for failing to comply with environmental regulations within the district may involve provisions from Title 885.
📝 Summary
Title 885 of the Rhode Island Code of Regulations provides a comprehensive framework for the regulation of development within the East Providence Waterfront District. It establishes a tiered fee structure for project applications and processing, ensuring that both minor and major projects contribute appropriately to the administrative costs of the Waterfront Commission. These regulations aim to promote sustainable development while maintaining the integrity and objectives of the district.
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