[Adopted 1-15-1985 (Ch. 16, Art.
VI, Div. 1, of the 1985 Code of Ordinances)]
Pursuant to this article and the subdivision regulations of the Town
of Smithfield, every subdivider who subdivides land within the Town of Smithfield
shall dedicate a portion of such land or pay a fee in-lieu-of such dedication,
as set forth in this article for the purpose of providing park, playground,
and/or recreational facilities to serve future residents of such subdivision.
If the Planning Board of the Town of Smithfield while serving as the
official planning agency of said Town determines that a suitable park, playground,
or recreational area of adequate size cannot be properly located in a proposed
subdivision, or is otherwise not practical, such rules and regulations as
adopted by said Board may require as a condition to final approval of any
residential plat, a monetary fee paid by the developer to the Town of Smithfield.
Said fee shall be known as a "fee in-lieu-of land dedication."
The procedure for determining whether a subdivider shall be required
to dedicate land for recreational purposes or pay a fee in-lieu-of such dedication
shall be as follows:
A.
Responsibility of the subdivider. At the time of preliminary
plat submission, the subdivider as part of such filing shall indicate on said
plat plan the potential location of property to be dedicated for public recreational
purposes. Should the subdivider be unable to select a location for such purposes,
a statement to that effect shall be entered on the plat plan in addition to
the reasons therefor. Said notations shall appear in the "notes" section of
the plat plan.
B.
Responsibility of the Town. Prior to the preliminary
plat approval of the proposed subdivision, the Planning Board shall determine
as part of said approval whether the subdivider shall be required to dedicate
land for public recreational purposes or pay a fee in-lieu-of land dedication.
C.
Prerequisites for final plat approval:
(1)
When a subdivider is required to dedicate land for public recreational purposes pursuant to Subsection B, said dedication shall be accomplished in accordance with the provisions established in the subdivision regulations of the Town of Smithfield.
(2)
When a subdivider is required to pay a fee in-lieu-of
land dedication for public recreational purposes, the same shall be deposited
with the Town prior to the stamping of the approved final plat plan.
The process of determining whether a suitable park, playground, or recreational
area of adequate size can be properly located in a proposed subdivision shall
incorporate a review and analysis of the following considerations:
A.
The provisions of the Recreation and Conservation Plan
of the Town of Smithfield;
B.
The provisions of the Comprehensive Community Plan of
the Town of Smithfield;
C.
The size and shape of the proposed subdivision and the
land available for dedication;
D.
The topography, geology, soil conditions and characteristics,
tree cover, access, accessibility of recreational site to future residents
of the proposed subdivision, recreational needs of the population, location,
and other pertinent characteristics of the land available for dedication relative
to the usability of the land for public recreational purposes;
E.
The provisions of pertinent Town, state, and other official
documents, reports, and plans which relate to the determination of the suitability
of the land available for dedication.
A.
Land dedication. The amount of land required to be dedicated
by a subdivider pursuant to this article shall be in accordance with the provisions
of the subdivision regulations of the Town.
B.
Fee in-lieu-of land dedication:
(1)
The amount of the fee in-lieu-of land dedication to be paid by the subdivider pursuant of this article shall be based on the extent to which the development increases the community's need for public recreational areas. The need related to the density of the Town of Smithfield requires the payment of $100 per dwelling unit or the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Subsection A of this section, whichever monetary amount is greater.
(2)
Fair market value shall be determined as of the time
of submission of the final plat plan in accordance with the following:
(a)
The fair market value, as determined by the Planning
Board based upon the assessed market value at the time of said final plat
submission, modified to equal market value in accordance with the current
practice and recommendations of the Smithfield Tax Assessor; or
(b)
If the subdivider objects to such evaluation, (s)he may
at his/her own expense, obtain an appraisal of the property by a qualified
real estate appraiser approved by the Town, which appraisal may be accepted
by the Planning Board if found reasonable; or
(c)
The Town and the subdivider may agree as to the fair
market value.
Fees in-lieu-of dedication shall be deposited in a special interest-bearing
fund, entitled "Recreational Capital Account," said monies shall be utilized
exclusively for the acquisition, improvement, or maintenance of park, playground,
and other recreational properties owned by the Town. Separate bookkeeping
entries shall be maintained for each subdivision by the Town Treasurer. As
funds are expended from each subdivision subaccount, a record shall be maintained
relative to the purpose of each expenditure.
A.
Authority. The Town Council of the Town of Smithfield
shall control the expenditure of all funds held in the Recreational Capital
Account.
B.
Purpose of expenditures. Fees in-lieu-of dedication received
pursuant to this article shall be utilized exclusively for the acquisition,
improvement, or maintenance of park, playground, or other recreational properties
owned by the Town. Expenditures of funds from any specific subdivision subaccount
in the recreation capital account shall provide a reasonable relationship
to the use of the recreational facilities by the future inhabitants of the
specific subdivision from which the fee was received. "General Standards for
Recreational Facilities" as provided in the Recreation and Conservation Plan
of the Town of Smithfield relative to the preferred service radius and area
served for each type of recreational facility shall be incorporated as the
general guidelines for determining reasonable relationship.
C.
Procedure for release of funds. Municipal boards, commissions, or other official agencies of the Town may petition the Town Council for release of funds from recreation capital account. Said petitioner shall present documentation of conformance with Subsection B as well as detailed plans for the utilization of such funds. A public hearing for the purpose of obtaining community input may be held regarding the proposed recreational plans prior to the rendering of a decision by the Town Council. Upon receipt of Town Council approval of the proposed expenditure of funds, the petitioning agency shall be authorized to proceed with the recreational plans as submitted. All bills for expenditures shall be submitted to the Town Council for authorization and payment of the Recreational Capital Account.
The provisions of this article shall apply to all subdivisions as defined
in § 45-23-1 of the General Laws of Rhode Island, 1956, as amended,
in Chapter 45-23, entitled "Subdivision of Land," except subdivisions which
are nonresidential and/or for which preliminary plat plans have been filed
with the Planning Board with the period of six months before enactment of
this article and up to and including the effective date of this article.
