[HISTORY: Adopted by the Town Council of
the Town of East Greenwich 5-11-1993 by Ord. No. 593 (Secs. 2-171 to 2-176
of the 1993 Code); amended in its entirety 4-9-2001 by Ord. No. 710. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 260.
STATE LAW REFERENCES
Open meetings — See R.I.G.L.
§ 42-46-1 et seq.
Farmland Preservation Act — See
R.I.G.L. § 42-82-1 et seq.
There is hereby established the Town of East
Greenwich Land Trust (hereinafter called the "Trust"), a body corporate
and politic and a public instrumentality. The Trust shall have the
authority to acquire, hold and manage real property and interest therein
including development rights situated in the Town, consisting of open,
residential, agricultural, recreational, historical or littoral property,
including existing and future well fields and aquifer recharge areas,
fresh and saltwater marshes and adjoining uplands, wildlife habitats,
land and buildings providing access to or views of the ocean, Greenwich
Cove and ponds, land or bicycling and hiking paths and for future
public recreation use, and land for agricultural use or airspace thereof.
With the exception of property acquired for public historical preservation
or recreational purposes, the Trust shall hold all property or development
rights solely as open space or for agricultural uses or for water
purposes or for public access or to prevent the accelerated residential
or commercial development thereof, as the Trustees may determine.
A.
The Trust shall be administered by eight Trustees,
seven of whom shall be appointed by the Town Council for five-year
terms. In addition to the seven Trustees appointed by the Town Council,
the current Chairperson or his/her designee, representing the Planning
Board, shall be a Trustee.
B.
Trustees must be resident electors of the Town, and
their term shall be deemed expired at the end of the appointed period
or if they cease to be a resident of the Town. No elected officer
of the Town or the state and no person who has been employed by the
Town may be appointed a Trustee for at least one year after serving
in elected office or one year after leaving Town employment.
The Trustees, after appointment and each year
thereafter, shall appoint a Chairperson, Vice Chairperson, and Recording
Secretary from among the seven members appointed by the Town Council.
Clerical help from the Town work force shall be assigned by the Town
Manager, or his/her designee, to keep accurate records of every meeting.
All meetings shall be held in compliance with the Open Meeting Law,
being R.I.G.L. § 42-46-1 et seq. Meeting minutes shall be
submitted to the Town Manager for distribution to the Town Council
and other interested persons.
A.
The Trustees shall adopt reasonable rules and regulations governing the conduct of Trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this chapter. All rules and regulations of the Trust are subject to the approval of the Town Council. Decisions of the Trustees shall be by a majority of those present and voting, excepting in decisions on the acquisition of land, easements, rights-of-way, and other uses referred to in § 143-1, which must be by a majority vote of all Trustees. The Trustees shall prepare a budget that must be sent to the Town Manager for review and, after his/her review, be presented to the Town Council for final approval.
[Amended 6-12-2017 by Ord. No. 871]
B.
The funds authorized in this budget will be paid by
the Town Finance Director in accordance with accepted accounting procedures
that are in place in the Town at that time.
C.
All funds that are released for land acquisition can
only be released after a public hearing requiring three weeks of consecutive
advertising and by approval of a majority of the Trustees. All properties
considered for sale by the Land Trust can only be sold after a public
hearing which follows three weeks of consecutive advertising and by
approval of a majority of the Trustees.
The Trust shall have the power to:
A.
Purchase, receive by gift, or otherwise acquire fee
simple or lesser interests in real property, including development
rights as defined in R.I.G.L. § 42-82-2, or any interest
in real property consistent with the purposes of this chapter, including
other development rights of any kind whatsoever; provided, however
that, in cases involving the expenditure of Town funds, such acquisitions
shall be in general conformance with the Comprehensive Community Plan;
B.
Accept gifts, grants or loans of funds or services
from any source, public or private, and comply, subject to the provisions
of this chapter, with any terms and conditions thereof;
C.
Accept from state and/or federal agencies loans or
grants for use in carrying out the Trust's purposes and enter into
agreements with such agencies respecting such loans or grants;
D.
Employ counsel, auditors, engineers, appraisers, private
consultants, advisors, secretaries or other personnel needed to perform
its duties;
E.
Administer and manage land and interests in land held
by it in a manner which allows public use and enjoyment consistent
with the natural and scenic resources thereof, including conveyance
of any such land or interests in land to, and contracts with, nonprofit
organizations, provided that such land shall continue to be used in
a manner consistent with the purposes of this chapter and with the
terms of any grant or devise by which such land was acquired by the
Trust;
F.
Incur debt only after authorization in each instance
by vote of the municipal budget or special appropriation process used
by the Town;
G.
Dispose by sale or otherwise of all or any portion
of its real property or interests therein held by it whenever in the
opinion of the Trustees such lands or properties have become unsuitable
or have ceased to be used for the purposes set forth in this chapter
or unless the best interests of the Trust shall be served by such
sale or other disposition. Such disposition or sale shall be made
only by a vote of the Trustees in which at least five members vote
in favor of such a disposition or sale and further only after having
been approved by the Town Council; and
H.
Otherwise do all things necessary for the performance
of its duties, the fulfillment of its obligations and the conduct
of its business.
All funds received by the Trust as voluntary
contributions, grants or loans, funds appropriated to the Trust by
vote of the annual municipal or special appropriation process used
by the Town, or proceeds from disposal of real property or interests
shall be deposited into a fund to be set up as a revolving or sinking
account by the Treasurer of the Town. All expenses lawfully incurred
by the Trust in carrying out the provisions of this chapter shall
be evidenced by proper vouchers and shall be paid by the Treasurer
of the Town only by submission of warrants duly approved by the Trust.
The Treasurer of the Town shall prudently invest available assets
of the funds, and all income thereon shall accrue to the fund. Upon
termination or dissolution of the Trust, the title of all funds and
other properties owned by the Trust which remain after payment or
making provision for payment of all bonds, notes and other obligations
of the Trust shall vest in the Town.
