§ 305. Dedication of Land for Public Purposes

A. Land Dedication Required. The Planning Board may require land developments and subdivisions, subject to the provisions of these Regulations, to dedicate a portion of the land being subdivided for the purpose of providing open space, conservation, park and/or recreational facilities to serve present and future residents of the proposed land development or subdivision. The Planning Board may, in its discretion, require the payment of fee in-lieu of land dedication, or a combination of land dedication and payment of an in-lieu fee, as an alternative to the dedication of land.

B. Relationship to Comprehensive Plan. No dedication of land to the public (or payments-in-lieu of such dedications if adopted by the Planning Board) shall be required unless the need for such is documented in plans adopted by the Town including, the Comprehensive Plan, the Recreation, Conservation and Open Space Plan or the Capital Improvement Program. The requirement for dedication of land for open space, conservation, park and/or recreation facilities shall be based upon the policies and standards set forth in those plans or any other relevant town plan, program or study and shall reflect the character defined for the neighborhood or district in which the subdivision or development is located by the Comprehensive Plan. The need for provision of such land as public parks, active public recreational areas, greenway trails, and conservation land shall be considered a priority for all projects.

C. Relationship to Intended Use. The nature of the land dedication must reflect the character of the land being subdivided and must be suitable for intended uses. This shall mean the land set aside for these purposes shall be "buildable" and shall be comparable in terms of its physical characteristics to the land in which is or may eventually be developed.

D. Ownership of Land. Land dedications required by this Section, or land or land rights acquired by use of in-lieu-of fees, shall be held in one or more of the following ownerships, to be accepted and approved by the Planning Board:

1. By the owners of the lots or units in the subdivision or development, appurtenant to their ownership interest, to be assessed according to their ownership interest.

2. By the members of a private homeowner's association created by documents recorded in the Land Evidence Records.

3. A public or private non-profit conservation or recreation group.

4. Town of New Shoreham. Any land dedicated to the Town shall require a surveyed metes and bounds description (of a class to be determined by the Planning Board upon the advice of the Public Works Director), a warranty deed and a title insurance policy running to the Town, together with an environmental assessment (if required by the Town) all at the grantor's expense.

5. State of Rhode Island.

6. United States Government.

E. Fees-in-Lieu of Dedication. If payments in-lieu-of land dedication are required, they must be kept in a restricted account and shall only be spent for the intended purpose of providing open space, conservation, park and recreational facilities.