Section 885-RICR-00-00-3.3 - Tier II Fees - Major Projects3.3.1Application FeesA. The fee schedule below applies to alterations, additions, and new construction with an estimated construction cost in excess of one hundred thousand dollars ($100,000.00). Project costs shall exclude site acquisition, remediation and site preparation costs. Applicants shall submit a construction cost estimate broken down on a per square foot basis by land use. The Commission will have the construction cost estimate upon which the fee is calculated, reviewed and verified. 1. Multi-phase projects will be considered one (1) project, and the fee paid must reflect the total cost of the project.2. Total fees are not capped.3. Development fees for project costs less than five million dollars ($5,000,000.00) are due in full at project application at the fee rate of 0.50%.4. Development fees payable for projects with a cost of five million dollars ($5,000,000.00) or greater are due in four (4) phases as follows.a. Twenty-five percent (25%) of the total fee is due at the time of application.b. Ten percent (10%) of the total fee shall be paid prior to issuance of a Notice of Decision.c. Fifty percent (50%) of the total fee must be paid in full at the time of application for the first (1st) building permit. For phased projects, applicant may petition the Waterfront Commission for approval to pay a pro-rated fee for payment in full prior to the application for the first (1st) building permit for each phase.d. The final fifteen percent (15%) of the total fee is due in full at the time of application for the first (1st) certificate of occupancy. For phased projects, applicant may petition the Waterfront Commission for approval to pay a pro-rated fee in full prior to the application for the first (1st) certificate of occupancy for each phase.5. Development fee rates for projects five million dollars ($5,000,000.00) or greater are established for project cost ranges as defined below and are payable in phases as defined in §3.3.1(A)(4) of this Part. a. Fee rate for project costs five million dollars ($5,000,000.00) to nineteen million nine hundred ninety-nine thousand nine hundred ninety-nine dollars ($19,999,999.00) is 0.50%.b. Fee rate for project costs twenty million dollars ($20,000,000.00) to twenty-four million nine hundred ninety-nine thousand nine hundred ninety-nine dollars ($24,999,999.00) is 0.40%.c. Fee rate for project costs twenty-five million dollars ($25,000,000.00) to twenty-nine million nine hundred ninety-nine thousand nine hundred ninety-nine dollars ($29,999,999.00) is 0.35%.d. Fee rate for project costs thirty million dollars ($30,000,000.00) to thirty-nine million nine hundred ninety-nine thousand nine hundred ninety-nine dollars ($39,999,999.00) is 0.30%.e. Fee rate for project costs forty million dollars ($40,000,000.00) to ninety-nine million nine hundred ninety-nine thousand nine hundred ninety-nine dollars ($99,999,999.00) is 0.25%.f. Fee rate for project costs one hundred million dollars ($100,000,000.00) and greater is 0.20%.6. Examples of Project Fees are provided in the following table. Project Cost | Fee Rate | Total Fee | Due at Application | Due prior to Notice of Decision | Due at Building Permit | Due at Cert. of Occupancy |
25% | 10% | 50% | 15% |
$100,000 to $4,999,999 | 0.50% | $500+ | $500+ |
$5,000,000 | 0.50% | $25,000 | $6,250 | $2,500 | $12,500 | $3,750 |
$10,000,000 | 0.50% | $50,000 | $12,500 | $5,000 | $25,000 | $7,500 |
$15,000,000 | 0.50% | $75,000 | $18,750 | $7,500 | $37,500 | $11,250 |
$20,000,000 | 0.40% | $80,000 | $20,000 | $8,000 | $40,000 | $12,000 |
$25,000,000 | 0.35% | $87,500 | $21,875 | $8,750 | $43,750 | $13,125 |
$30,000,000 | 0.30% | $90,000 | $22,500 | $9,000 | $45,000 | $13,500 |
$40,000,000 | 0.25% | $100,000 | $25,000 | $10,000 | $50,000 | $15,000 |
$50,000,000 | 0.25% | $125,000 | $31,250 | $12,500 | $62,500 | $18,750 |
$75,000,000 | 0.25% | $187,500 | $46,875 | $18,750 | $93,750 | $28,125 |
$100,000,000 | 0.20% | $200,000 | $50,000 | $20,000 | $100,000 | $30,000 |
$100,000,000+ | 0.20% | 0.20% of Project Cost | 25% of Total Fee | 10% of Total Fee | 50% of Total Fee | 15% of Total Fee |
7. Additional Professional Review Fees a.The Waterfront Commission may require the applicant to pay additional review fees in advance so that the Commission may hire outside professionals to conduct a review of impact analyses submitted by the applicant and to conduct independent reviews. The elements of an application for which the Commission may require additional review fees shall include, but not be limited to, the following: legal issues, drainage, traffic, noise, environmental assessments, planning, architecture, landscape architecture, and geotechnical sampling and testing. The amount of the additional review fee(s) shall be based upon written cost estimates prepared by qualified consultants based upon a written scope of work prepared by the Executive Director in consultation with Design Review Committee and applicable City staff. The applicant shall be afforded opportunity to review and comment on the scope of work and the proposed fees. These review fees shall be deposited in a review escrow account established by the Commission or, at the discretion of the Executive Director, the applicant shall be billed for expenses incurred.b. If any such professional review is required by the Waterfront Commission, the Commission shall so indicate at the pre-application stage of review, based upon a recommendation of the Executive Director. The determination will be based upon the understanding of the Commission and staff, at that time, of the issues posed by an application. This shall not preclude the Commission from requiring such outside professional review at a later stage in the review process if additional information is received which leads the Commission to believe that such additional professional review is required for an adequate consideration of the proposal.c. As part of the public record, the Waterfront Commission shall indicate its intent to spend any portion of the professional fee escrow account and shall specify the purpose for the proposed expenditure(s). Those moneys deposited by the applicant and not spent by the Waterfront Commission in the course of its review shall be returned to the applicant within thirty (30) days after the Waterfront Commission renders its final decision on the application.885 R.I. Code R. 885-RICR-00-00-3.3
Adopted effective 7/1/2019
Amended effective 10/19/2020