§ 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 land development
or subdivision project, dedication of land to the public, public improvements, payment-in-lieu
of dedication or construction, or payment to mitigate the impacts of a proposed project,
local regulations must require the following:
(1) All required public improvements must reflect the character defined for that neighborhood
or district by the community's comprehensive plan;
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§ 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 land development
or subdivision project, dedication of land to the public, public improvements, payment-in-lieu
of dedication or construction, or payment to mitigate the impacts of a proposed project,
local regulations must require the following:
(1) All required public improvements must reflect the character defined for that neighborhood
or district by the community's comprehensive plan;
(2) The need for all dedications of land to the public and for payments-in-lieu of dedications
must be clearly documented in the adopted plan of the community, i.e., the comprehensive
plan and the capital improvement plan;
(3) No dedications of land to the public or payments-in-lieu of dedications may be required
until the need for the dedications are identified and documented by the municipality,
the land proposed for dedication is determined to be appropriate for the proposed
use, and the formulas for calculating a payment-in-lieu of dedication have been established
in the local regulations;
(4) All dedications, improvements, or payments-in-lieu of dedication or construction,
for mitigation of identified negative impacts of proposed projects must meet the previously
stated standards. Furthermore, the significant negative impacts of the proposed development
on the existing conditions must be clearly documented. The mitigation required as
a condition of approval must be related to the significance of the identified impact;
and
(5) All payment-in-lieu of dedication or construction to mitigate the impacts of the proposed
development shall be kept in restricted accounts and shall only be spent on the mitigation
of the identified impacts for which it is required.