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Section 4.3
APPLICATION FOR COUNCIL PERMITS

4.3 Schedule of Fees

*Special Note: All fees are filing fees and are non-refundable. Fees paid on Determination Request fees may be applied against the filing fee of other applications for Council Assent only  when such application is filed within one (1) year of the Council's Determination Request report.

1. Determination Request:

a.  Those involving projects of the individual residential homeowner/potential homeowner: $150.00.

b.  All other projects (development of subdivisions, condominiums, commercial, industrial, waterfront business, etc.): $1000.00.

c. Jurisdictional determinations: $100.00.

d.  Jurisdictional Determinations for Individual Lot Development of Residential Properties Adjacent to New Sewer Lines that no longer require an ISDS for Development:   $25.00.

2. Applications for Council Assent:

*Special Note:  All fees are summative.  In addition, all fees are filing fees and are non-refundable.

a. New Residential Boating Facility (pier/dock): $500.00.

b.  Modification of under 50% of size (area) of a current assented residential boating facility: $250.00.

c. Residential development projects (condominiums, subdivisions, paper subdivisions, etc.): $3500.00 for the first six (6) units/lots and $400.00 for each additional unit/lot, plus one-half of one percent of estimated project cost (see below) of the infrastructure (roads, drainage, etc.) of the project.

NOTE: For the purposes of this determination a paper subdivision is a subdivision of a parcel of land which involves no application for construction (roads, utilities, dwellings, etc., except residential development projects, see above.)

d. All units and/or lots that are part of a Council-approved subdivision application and are within CRMC jurisdiction and are submitted to the Council for Assent in accordance with all conditions and stipulations of the approved subdivision application: fee shall be equal to half of the single family residential home application fee.

e.  All others including Section 320 Reviews (not identified above):

1. Projects with an Estimated Project Cost (EPC) up to and including $1000.00 shall be assessed a $50.00 application fee.

2. Projects with an EPC greater than $1000.00 and less than or equal to $2500.00 will be assessed a $100.00 application fee.

3. Projects with an EPC greater than $2500.00 and less than or equal to $5000.00 will be assessed a $150.00 application fee.

4. Projects with EPC greater than $5,000.00 and less than or equal to $10,000.00 will assessed a $200.00 application fee.

5. Projects with EPC greater than $10,000.00 and less than or equal to $25,000.00 will assessed a $250.00 application fee.

6. Projects with EPC greater than $25,000.00 and less than or equal to $50,000.00 will assessed a $500.00 application fee.

7. Projects with EPC greater than $50,000.00 and less than or equal to $100,000.00 will assessed a $750.00 application fee.

8. Projects with EPC greater than $100,000.00 and less than or equal to $150,000.00 will assessed a $1,000.00 application fee.

9. Projects with EPC greater than $150,000.00 and less than or equal to $200,000.00 will assessed a $1,250.00 application fee.

10. Projects with EPC greater than $200,000.00 and less than or equal to $250,000.00 will assessed a $1,500.00 application fee.

11. Projects with EPC greater than $250,000.00 and less than or equal to $300,000.00 will assessed a $1,750.00 application fee.

12. Projects with EPC greater than $300,000.00 and less than or equal to $350,000.00 will assessed a $2,000.00 application fee.
 
13. Projects with EPC greater than $350,000.00 and less than or equal to $400,000.00 will assessed a $2,250.00 application fee.

14. Projects with EPC greater than $400,000.00 and less than or equal to $450,000.00 will assessed a $2,500.00 application fee.

15. Projects with EPC greater than $450,000.00 and less than or equal to $500,000.00 will assessed a $2,750.00 application fee.

16. Projects with an EPC greater than $500,000.00 and less than or equal to $20,000,000.00 will be assessed an application fee of $2,750.00 plus one-half of one percent of the EPC beyond $500,000.00, to a maximum fee of $100,250.00.

17. Projects with an EPC greater than $20,000,000.00 will be assessed an application fee of $100,250.00 plus one-fourth of one percent of the EPC beyond $20,000,000.00.

*Note: Determination of the EPC shall be based, where applicable, on the EPC accepted by the building official subject to acceptance by the CRMC. The EPC shall include all costs associated with site preparation (e.g. earthwork, landscaping, etc.), sewage treatment and disposal (e.g. cost of an ISDS, sewer extension, sewer tie-in, etc.), and construction costs (e.g. materials, labor, installation of all items necessary to obtain a certification of occupancy, etc.).   For projects where the determination is not available, the EPC shall be provided by the applicant subject to its acceptance by CRMC after review of the application.  For an individual homeowner project (IHP), this can be estimated based on the best information available concerning the construction costs.  Applicants for all other types of projects shall provide documentation showing the basis on which the EPC was determined.  Where additional specificity in the documentation is deemed necessary by CRMC staff, a written estimate by a qualified appraiser, engineer, or architect will be supplied by the applicant.

f. Maintenance fees shall be assessed as follows:

1. Projects with an EPC up to $500.00 will be assessed a $20.00 application fee;  

2. Projects with EPC greater than $500.00 and less than or equal to $1,000.00 will assessed a $35.00 application fee;

3.  Projects with an EPC greater than $1,000.00 and less than or equal to $5,000.00 will be assessed an application fee of $50.00.

4. Projects with EPC greater than $5,000.00 and less than or equal to $10,000.00 will assessed a $100.00 application fee.

5.  Projects with an EPC greater than $10,000.00 and less than or equal to $20,000,000.00 will be assessed an application fee of $100.00 plus one-half of one percent of the EPC beyond $10,000.00, to a maximum fee of $100,050.00.

6.  Projects with an EPC greater than $20,000,000.00 will be assessed an application fee of $100,050.00 plus one-fourth of one percent of the EPC beyond $20,000,000.00.

g.  Assent Renewal or Extensions:

1.  Single Family Residence: $75.00.

2.  All Others:     $250.00.

h.  Request for Modification of Assent shall be assessed the following application fees:

1. Single Family Residence where no Public Hearing is necessary: $100.00.

2. All others shall be charged the appropriate application fee or $250.00 which ever is greater.

3.  CRMC permitted aquaculture operation: $100.00.

i.  Declaratory Rulings: $1,000.00.

j.  Beach Vehicle Permits: in state vehicle registration, annual: $50.00.
                                          
out of state vehicle registration, annual:  $100.00

1.  3-day pass:  in state vehicle registration:  $15.00
                        
out of state vehicle registration:  $50.00

k.  Lightering fee:  $250.00 each transfer

l.  Buffer Zone Alterations and/or Management Plans shall be assessed the following application fees:

1.  An application fee of $50.00 shall be charged when the buffer zone alteration and/or management plan covers less than or equal to one-half an acre.

2. An application fee of $100.00 shall be charged when the buffer zone alteration and/or management plan covers an area greater than one-half an acre but less than or equal to 1 acre.

3. An application fee of $250.00 shall be charged when the buffer zone alteration and/or management plan covers an area greater than 1 acre but less than or equal to 5 acres.

4. An application fee of $500.00 shall be charged when the buffer zone alteration and/or management plan covers an area greater than 5 acres.

m. Structural Shoreline Protection Facilities shall be changed an application fee as follows:

1. New structural shoreline protection facilities shall be charged an application fee of $750.00 for the first 100 linear feet and $10 per linear foot thereafter.

2. Maintenance to structural shoreline protection facilities shall be charged an application fee in accordance with (g) above.

n.  Individual Sewage Disposal Systems (ISDSs) shall be charged the following application fees:

1. ISDS repairs:

i.  Single family homes shall pay a $80.00 application fee.

ii. All other ISDS repair activities shall pay a $105.00 application fee.

o.  If a project requires outside consultant staff or extraordinary professional assistance, the CRMC may negotiate a special grant with the applicant to pay the same in accordance with RIGL 46-23-8.

p.  Aquaculture Renewal Fee:  $75.00

q.  Experimental Aquaculture, Each Site $25.00

r.  (1) The Executive Director, in his discretion and with the concurrence of the Chairman, may reduce an application fee for commercial, industrial and mixed use projects within the urban core or growth center coastal communities of Providence, East Providence, Pawtucket, and Newport* or for projects that meet the requirements of GLRI 42-64-7 et seq. (Mill Building and Economic Revitalization Act), where such application is eligible for an administrative assent and meet all applicable programmatic goals, policies, and standards.  The reduced fee shall be no less than the estimated processing time of Council staff of a rate per hour set by the planning and procedures subcommittee (as of May 2006: $500 per hour). The minimum application fee shall be $5,000.

(2) Projects that are determined to be brownfield sites under applicable DEM rules and regulations shall be assessed an application fee of $5,000.

*These communities are defined as either Urban Core as within the RIPEC report Strengthening Cities: A Report of the Urban Strategy Project (January 1998) or as identified as a Growth Center by the state's Growth Planning Council.

s.    Application fees for projects which have applied for and been accepted by the Army Corps of Engineers as non-federal dredging applicants in conjunction with the scheduled 2002 begin date of the federal maintenance dredging of the Providence River and Harbor, are hereby waived.  This waiver is only available during the time that the federal Providence River and Harbor Maintenance Dredging project is operational.  Upon completion of this federal navigation project, this provision will become null and void.  The Executive Director shall report to the Council when this provision becomes null and void.

t.   CAD Cell Disposal Fee:  $11.65 cy

3. Administrative Fees for Activities Which Have Occurred Without a Valid CRMC Approval:

a. Administrative Reviews:

1. In accordance with Council regulations, all activities or alterations which have already occurred, or have been constructed or partially constructed without a Council Assent shall be subject to the fee schedule contained in Section 4.3.2.  In addition, the Executive Director shall assess the following administrative fees which take into account the additional demand on Council resources (see RICRMP Section 160):

i. Illegally constructed structures and unauthorized activities located in tidal waters and/or on adjacent coastal or shoreline Features (See RICRMP Section 200 and Section 210) shall be assessed a $500.00 administrative fee;

ii. Illegal activities excluding those classified as maintenance activities under the RICRMP shall be assessed a $250.00 administrative fee; and,

iii. Unauthorized maintenance activities shall be assessed a $100.00 administrative fee.

The Executive Director may, based on the impact to coastal resources, hardship on an applicant, and the cost of Council resources associated with enforcement and staff review, adjust the administrative fees described above.

b. Applications before the Council:

1. In accordance with Council regulations, all activities or alterations which have already occurred, or have been constructed or partially constructed without a Council Assent shall be subject to the fee schedule contained in Section 4.3.2.  In addition, the Council shall assess an appropriate administrative fee based on a recommendation by the Executive Director.  The recommended administrative fee shall take into account the impact on coastal resources, additional demand on Council resources, and hardship on an applicant (see RICRMP Section 160).
 
4. Contested Cases:

a. Whenever the Council determines that an application has become a contested case that requires a subcommittee hearing(s) as defined herein and in its regulations, the applicant shall pay the actual costs of the subcommittee hearing process including, but not limited to, stenographer, staff overtime, legal staff, transcript costs, printing costs, public notice costs, rental of meeting room, and the costs of security personnel.
 
 
5. Petitions for Regulation Changes:

a.  Applicants petitioning the Council to make regulation changes pursuant to the Rhode Island Administrative Procedures Act (R.I.G.L. 42-35-3) shall pay a fee of $1,000.00.
 
6. Hardships:

a.  Where an applicant can demonstrate that the fee schedule described herein presents an undue hardship, the Council may adjust the application fee, administrative fee, and/or contested case fees.
 
7. Applications involving Freshwater Wetlands in the Vicinity of the Coast:

a. In cases where a proposed project or activity is subject to the permit jurisdiction of the Council solely due its proximity to freshwater wetlands in the vicinity of the coast, the Council shall charge a fee equal to that required under the Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast.

b. When a proposed project or activity is subject to the Council's jurisdiction and permit requirements due to the nature of the project or activity, its proximity to a coastal feature, or its location within the boundaries of the Narrow River or Salt Ponds watersheds (as defined in the respective Special Area Management Plans), and the proposed project or activity is also subject to the Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast due to its proximity to freshwater wetlands, then one application fee shall be required.  In such cases, the fee shall be the higher of the two fees required by this section and Rule 8.00 of the Rules and Regulations for the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast.

8. When an applicant or his/her consultant(s) submits re-designed site plans for a proposed activity more than two (2) times during the course of review of an application or a modification, the executive director in his discretion may set a review fee that is additional to the application fee for such extra staff review time and that which is consistent with the rate-per-hour fee allowances of section 4.3.2(r)(1) above, provided however that the applicant will not be charged in instances where staff has requested additional information and the applicant provides the requested information.

Return to the Management Procedures Index

 
Stedman Government Center, Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-3767 • E-Mail cstaff1@crmc.ri.gov

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