[HISTORY: Adopted by the Town Council of the Town of West
Greenwich 6-12-1997 by Ord. No.
67; amended 5-11-2005 and 4-11-2012. Subsequent
amendments noted where applicable.]
CHARTER REFERENCES
Financial Town Meeting — See Art. III.
Land Trust — See § 705.
Pursuant to Section 705 of the Town Charter, there is hereby
established a West Greenwich Land Trust (hereinafter called "Trust")
for the purposed of acquiring development rights to real property
within the Town as well as the acquisition of real property, or interest
therein, to preserve agricultural, recreational, historical, or littoral
lands, open spaces, freshwater wetlands, estuaries and adjoining uplands,
groundwater recharging areas, well fields, wildlife habitats, land
for bicycle and hiking paths and land for future public recreational
facilities and use.
Any real property held and used by the Trust, an organization
meeting the definition of "charitable trust" as set forth in R.I.G.L.
§ 18-9-4 (as amended), and exclusively used for the purpose
of conserving open space as that term is defined in Title 45, Chapter
36, of the Rhode Island General Laws (as amended), shall be exempt
from taxation by the Town of West Greenwich, except that taxes assessed
as of the December 31 next preceding the date of acquisition by the
West Greenwich Land Trust shall be paid through the date of acquisition.
A.
The Trust shall be seven full -time Trustees and two alternate Trustees,
all of whom shall be appointed by the Town Council, with at least
one full-time Trustee being an active farmer or active tree farmer.
The full-time Trustees who are first appointed shall be designated
to serve for terms of one, two, three, four, five, six and seven years
respectively. Thereafter, full-time Trustees shall be appointed as
aforesaid for a term of office of five years and alternate trustees
shall be appointed for a term of office of two years, except that
all vacancies occurring during a term shall be filled for the unexpired
term.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Trustees shall be resident electors of the Town of West Greenwich,
shall serve without compensation and shall hold office until successors
have been appointed. No Trustee may be an elected officer or salaried
employee of the Town.
The members of the Trust shall elect a Chairperson, Vice-Chairperson,
and Treasurer from amongst its members. The Trustees shall elect or
appoint a Secretary, who need not be a voting member of the Trust.
The term of office of the Chairperson, Vice-Chairperson, Treasurer
and Secretary, unless otherwise prescribed by the West Greenwich Town
Council, shall be for the calendar year, or for that portion thereof
remaining after each such officer is designated or elected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Trustees may adopt reasonable rules and regulations governing the conduct of Trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this chapter. All rules and regulations of the Trust are subject to the approval of the Town Council. Decisions of the Trustees shall be by a majority vote of those present and voting, except in decisions on the acquisition of land, easements, rights-of-way and other uses referred to in § 54-1 of this chapter, which must be by a majority vote of all Trustees; i.e., at least five positive votes. The Trustees shall keep accurate records of their meetings and actions and shall file an annual report, which shall be printed in the annual Town reporter. All meetings of the Trust shall be open to the public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Trust shall have the authority to acquire any real property
from consenting landowner(s), situated in West Greenwich, or any interest
therein, which it shall deem important to preserve and maintain in
an open or agricultural condition. With the exception of property
acquired for public recreation purposes, such property shall be held
by the Trust subject to the condition that it shall be used for open
space or agricultural use. The Trustees shall give priority to the
acquisition of development right of agricultural lands.
The Trust shall also have power to:
A.
Purchase, receive by gift, or otherwise acquire real property and
development rights, as defined in R.I.G.L. § 42-82-2, or
any interest in real property consistent with purposes of this chapter;
B.
Accept gifts, grants or loans of funds or services from any source,
public or private, and comply, subject to the provisions of this chapter,
with any terms and conditions thereof;
C.
Accept from state and/or federal agencies loans or grants for use
in carrying out its purposes and enter into agreements with such agencies
respecting any such loans or grants;
D.
Employ counsel, auditors, engineers, appraisers, private consultants,
advisors, secretaries or other personnel needed to provide necessary
services;
E.
Administer and manage land and interests in land held by it in a
manner which allows public use and/or enjoyment with the natural and
scenic resources thereof;
F.
Dispose, by sale or otherwise, of all or any portion of its real
property or interests therein held by it, whenever, in the opinion
of the Trustees, said lands or properties have become unsuitable or
have ceased to be used for the purposes set forth in this chapter
or unless the best interests of the Trust shall be served by such
sale or other disposition. Such disposition or sale shall be made
only by a vote of the Trustees in which at least four members vote
in favor of such a disposition or sale and further only after having
been approved by a two-thirds vote of the Financial Town Meeting.
G.
Otherwise do all things necessary for the performance of its duties,
the fulfillment of its obligation(s) and the conduct of its business.
