Browse another municipality →
Town of Smithfield
Land Development & Subdivision Regulations
Read in full Download
§ II-D

Development Impact Fee/Requirements for Dedication of Land for Public Purposes or Payment

ARTICLE D. DEVELOPMENT IMPACT FEE/REQUIREMENTS FOR DEDICATION OF PUBLIC LAND

  • 1. Development Impact Fee. Where a fee is required by the Permitting Authority, the amount of such fee shall be set in accordance with the Code of Ordinances of the Town of Smithfield. The amount of such fee shall be based upon the formula outlined in the Impact Fee Study Report. When Development Impact fee payments are made, they must be kept in a restricted account and shall only be spent for the intended purpose of providing open space, conservation, park and/or recreational facilities.

  • 2. Developer Required to Provide Land Dedication. In the event of a subdivision or land development project where the Planning Board requires an alternative means of satisfying the Development Impact Fee, the Fee shall be assessed in the following manner; dedication of land, performance of construction services, purchase of equipment, or any combination thereof. The total value of the Applicant’s contribution shall not be less than the amount of a particular projected Fee involved. If the Application uses alternative means to satisfy a particular Fee, the alternative means cannot partially satisfy the projected Fee involved; the particular fee must be entirely determined by the Planning Board, upon recommendation by the Town Engineer. The Planning Board shall document the value of the Applicant's contribution. In an instance where the Planning Board considers and/or requires an alternative means of satisfying the Development Impact Fee, the Planning Board may require Town Council notification and/or review of these alternative means.

  • 3. Relationship to Comprehensive Plan. No dedication of land to the public or Development Impact Fee shall be required unless the need for such is documented in the adopted plans of the Town, i.e., the Smithfield Comprehensive Community Plan, the Smithfield Recreation, Conservation and Open Space Plan, or the Smithfield Capital Improvement Program (CIP).

  • The requirements of land for open space, conservation, park, and recreation facilities shall be based upon the policies and standards set forth in the above plans and Code of Ordinances of the Town of Smithfield, and shall reflect the character defined in the neighborhood or district in which the subdivision is located by the Comprehensive Community Plan. The nature of the land dedication must reflect the character of the land being subdivided and must be suitable for the intended use.