§ 45-23-47 General provisions –Requirements for dedication of public land – Public improvements and fees.– Where a municipality requires, as a condition of approval of a proposed landdevelopment or subdivision project, dedication of land to the public, publicimprovements, payment-in-lieu of dedication or construction, or payment tomitigate the impacts of a proposed project, local regulations must require thefollowing:
(1) All required public improvements must reflect thecharacter defined for that neighborhood or district by the community'scomprehensive plan;
(2) The need for all dedications of land to the public andfor payments-in-lieu of dedications must be clearly documented in the adoptedplan of the community, i.e., the comprehensive plan and the capital improvementplan;
(3) No dedications of land to the public or payments-in-lieuof dedications may be required until the need for the dedications areidentified and documented by the municipality, the land proposed for dedicationis determined to be appropriate for the proposed use, and the formulas forcalculating a payment-in-lieu of dedication have been established in the localregulations;
(4) All dedications, improvements, or payments-in-lieu ofdedication or construction, for mitigation of identified negative impacts ofproposed projects must meet the previously stated standards. Furthermore, thesignificant negative impacts of the proposed development on the existingconditions must be clearly documented. The mitigation required as a conditionof approval must be related to the significance of the identified impact; and
(5) All payment-in-lieu of dedication or construction tomitigate the impacts of the proposed development shall be kept in restrictedaccounts and shall only be spent on the mitigation of the identified impactsfor which it is required.
§ 45-23-47 General provisions –Requirements for dedication of public land – Public improvements and fees.– Where a municipality requires, as a condition of approval of a proposed landdevelopment or subdivision project, dedication of land to the public, publicimprovements, payment-in-lieu of dedication or construction, or payment tomitigate the impacts of a proposed project, local regulations must require thefollowing:
(1) All required public improvements must reflect thecharacter defined for that neighborhood or district by the community'scomprehensive plan;
(2) The need for all dedications of land to the public andfor payments-in-lieu of dedications must be clearly documented in the adoptedplan of the community, i.e., the comprehensive plan and the capital improvementplan;
(3) No dedications of land to the public or payments-in-lieuof dedications may be required until the need for the dedications areidentified and documented by the municipality, the land proposed for dedicationis determined to be appropriate for the proposed use, and the formulas forcalculating a payment-in-lieu of dedication have been established in the localregulations;
(4) All dedications, improvements, or payments-in-lieu ofdedication or construction, for mitigation of identified negative impacts ofproposed projects must meet the previously stated standards. Furthermore, thesignificant negative impacts of the proposed development on the existingconditions must be clearly documented. The mitigation required as a conditionof approval must be related to the significance of the identified impact; and
(5) All payment-in-lieu of dedication or construction tomitigate the impacts of the proposed development shall be kept in restrictedaccounts and shall only be spent on the mitigation of the identified impactsfor which it is required.
§ 45-23-47 General provisions –Requirements for dedication of public land – Public improvements and fees.– Where a municipality requires, as a condition of approval of a proposed landdevelopment or subdivision project, dedication of land to the public, publicimprovements, payment-in-lieu of dedication or construction, or payment tomitigate the impacts of a proposed project, local regulations must require thefollowing:
(1) All required public improvements must reflect thecharacter defined for that neighborhood or district by the community'scomprehensive plan;
(2) The need for all dedications of land to the public andfor payments-in-lieu of dedications must be clearly documented in the adoptedplan of the community, i.e., the comprehensive plan and the capital improvementplan;
(3) No dedications of land to the public or payments-in-lieuof dedications may be required until the need for the dedications areidentified and documented by the municipality, the land proposed for dedicationis determined to be appropriate for the proposed use, and the formulas forcalculating a payment-in-lieu of dedication have been established in the localregulations;
(4) All dedications, improvements, or payments-in-lieu ofdedication or construction, for mitigation of identified negative impacts ofproposed projects must meet the previously stated standards. Furthermore, thesignificant negative impacts of the proposed development on the existingconditions must be clearly documented. The mitigation required as a conditionof approval must be related to the significance of the identified impact; and
(5) All payment-in-lieu of dedication or construction tomitigate the impacts of the proposed development shall be kept in restrictedaccounts and shall only be spent on the mitigation of the identified impactsfor which it is required.
