[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.
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.