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Charlestown council enacts 12-month moratorium on impact fee enforcement; solicitor asked to draft repeal
Summary
The Charlestown Town Council voted to suspend enforcement of its capital facilities impact fee ordinance for up to 12 months and asked the town solicitor to prepare zoning language to revoke the fee; the council also voted to advertise an ordinance (No. 430) to repeal the fee for an April public hearing.
The Charlestown Town Council on March 10 approved a resolution declaring a temporary moratorium on the imposition and collection of the town's capital facilities impact fees and asked the town solicitor to draft a zoning ordinance amendment to revoke the fee.
The resolution says the town's impact-fee rules in section 218-95 require amendments to conform with Rhode Island General Laws 45-22.4 (the Rhode Island Development Impact Fee Act), that staff expect revisions will take up to a year, and that continued enforcement of the current ordinance lacks sufficient research and justification. The moratorium will remain in effect for up to 12 months from passage or until a zoning amendment is adopted, whichever comes first. The resolution directs the building official not to enforce impact fees during the moratorium and authorizes the town administrator to implement the council's action.
Councilors voted 4-0-1 to adopt the moratorium resolution, with Councilor Stokes recorded as abstaining. After that vote, the council voted unanimously, 5-0, to order ordinance No. 430 (a strikethrough/repeal of the existing impact-fee ordinance) advertised for public hearing on April 14, 2025 at 7:00 p.m. at Charlestown Town Hall.
Council discussion during the meeting focused on the cost of performing the technical study required to rebase or justify an impact-fee formula, the lack of a current capital facilities plan, and the small amount collected to date compared with the cost of a new study. Attorney Ruggiero told the council the town opted not to undertake a revised study because the study cost outweighed recent fee revenues; deleting the ordinance would remove the current requirements but would allow the town to adopt a new ordinance and study in the future if capital needs change.
The council packet included a presentation and background materials from a recent workshop and a draft resolution and ordinance language prepared by the town solicitor.
The moratorium resolution took effect immediately upon passage; the council directed that the solicitor present a draft zoning amendment to revoke the fee as soon as practicable for council consideration.
