[Adopted 3-3-1987 (Ch. 16, Art.
VI, Div. 3, of the 1985 Code of Ordinances)]
As authorized by Public Laws of Rhode Island, 1985, Chapter 315, all
persons who are granted a special exception for a multifamily dwelling shall
dedicate a portion of the subject property, or pay a fee in-lieu-of such dedication,
as set forth herein, for the purpose of providing park, playground, and/or
recreational facilities to serve future residents of such multifamily dwelling.
If the Board determines that a suitable park, playground, or recreational
area of adequate size cannot be properly located on the subject property,
or is otherwise not practical, the Board shall require a monetary fee paid
by the applicant to the Town. Such fee shall be known as a "fee in-lieu-of
land dedication."
The procedure for determining whether an applicant shall be required
to dedicate land for recreational purposes or pay a fee in-lieu-of land dedication
shall be as follows:
A.
Responsibility of the applicant. At the time of application,
the applicant as part of such filing shall indicate on the plot plan the potential
location of property to be dedicated for public recreational purposes. Should
the applicant be unable to select a location for such purposes, a statement
to that effect shall be entered on the plot plan in addition to the reasons
therefor.
B.
Responsibility of the Board. Prior to the approval of
the application, the Board shall determine as part of such approval whether
the applicant shall be required to dedicate land for public recreational purposes
or to pay a fee in-lieu-of land dedication.
C.
Prerequisites for approval:
(1)
When an applicant is required to dedicate land for public
recreational purposes, such dedication shall be accomplished by deeding the
land to be dedicated to the Town of Smithfield.
(2)
When an applicant 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 granting of any building permits for the proposed
project.
The process of determining whether a suitable park, playground, or recreational
area of adequate size can be properly located on land to be used for a multifamily
dwelling 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 subject property and the land
available for dedication;
D.
The topography, geology, soil conditions and characteristics,
tree cover, access, accessibility of the recreational site to future residents
of the property, 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. If the Board determines that land dedication
is appropriate, the applicant shall be required to convey to the Town up to
5% of the gross area of the subject property to satisfy the increased need
for public recreational land created by the proposed project.
B.
Fee in-lieu-of land dedication:
(1)
The amount of the fee in-lieu-of land dedication to be paid by the applicant 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 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 above, whichever monetary amount is greater.
(2)
Fair market value shall be determined as of the time
of submission of the application in accordance with the following:
(a)
The fair market value as determined by the Board based
upon the assessed market value at the time of said application, modified to
full market value in accordance with the current practice and recommendations
of the Smithfield Tax Assessor; or
(b)
If the applicant 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 Board, which appraisal may be accepted
by the Board if found reasonable; or
(c)
The Board may accept other evidence as to "fair market
value" and make its finding of such value based on such evidence available
to it.
Fees in-lieu-of land dedication shall be deposited in a special interest
bearing fund, entitled "Recreational Capital Account." Such 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 by the Town Treasurer for each depositor
to said account. As funds are expended from each subaccount, a record shall
be maintained relative to the purposes 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 land dedication
received pursuant to this article shall be utilized exclusively for the acquisition,
improvement, or maintenance of park, playground, or other recreational properties
to be owned by the Town. Expenditures of funds from any specific subaccounts
in the Recreational Capital Account shall provide a reasonable relationship
to the use of the recreational facilities by the future inhabitants of the
specific multifamily dwelling on account of 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 the recreation capital account. Such petitioner shall present documentation of conformance with Subsection B above, 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 design 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 out of the Recreational Capital Account.
