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Open Space Project Funding Policy
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 A. Eligible Land Acquisitions
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In preserving open space, the goal of the town is to preserve land which best meets the criteria listed herein. Eligible lands include those parcels in the Town of South Kingstown which are primarily undeveloped and which consist of open, agricultural, or littoral property, including existing and future well fields and aquifer recharge areas, fresh and saltwater marshes and adjoining uplands, barrier beaches, wildlife habitats, land providing access to or views of the ocean, harbors and ponds, land for unpaved bicycling, bridle and hiking paths and for future passive recreational use, and land for agricultural use.
Ineligible property acquisitions shall include land intended for active recreation, transportation, schools or general municipal use.
The Town will participate in acquisition of land or water in fee simple or in conservation and preservation restrictions on real property.
The Town recognizes that open space protection and acquisition projects must be flexible in nature and must be adapted to suit specific conditions which may be unique to individual properties or terms of purchase and sale. For that reason, mixed-use protection programs will also be considered for funding. For example, if only a portion of a property is to be acquired or protected for open space purposes, but the remaining portion will be sold or used for development purposes, the Town may participate in project funding on a case-by-case basis. It must be demonstrated that the primary purpose of the project is for open space protection, and that the public interest in open space preservation will be served. Land identified for open space protection shall be protected from future development in perpetuity. Any use of Town funds that have been designated for open space protection shall be restricted to that purpose, and if such land is ever sold or transferred, any funds gained from such sale or transfer shall be returned to the appropriate open space reserve fund.
The Town encourages public access to open space parcels where such access will not threaten or jeopardize critical habitats or sensitive environmental values for which the land is being protected. Access shall be defined in the management plan for each project.
Any open space acquisition or protection project which involves funding from the Town of South Kingstown will be ranked by the criteria listed below. This process will ensure that the Town gains the greatest benefit from its funds by selectively acquiring property for open space. Before a project can be ranked, as described below, it must be consistent with provisions of the Town's Comprehensive Community Plan (CCP). Any project found to be inconsistent with the Comprehensive Plan will be considered to be ineligible for funding.
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B. Project Ranking and Priority Point System Assignments return to top
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After the initial determination of consistency with the Comprehensive Plan is made, each proposed open space project will be ranked by the Planning Department on the following 8 criteria:
1. Potential to offset the impact of residential development
2. Size of parcel
3. Groundwater protection
4. Ecologically significant habitat
5. Proximity to other protected land or to surface water bodies
6. Farmland preservation
7. Historic value
8. Scenic value
In addition to the above criteria the Town may also consider the leverage of Town funds used in project acquisition. In the case of projects that are ranked equally using the above 8 criteria, the Town may assign a higher priority to projects which are jointly funded through outside (non-municipal) sources and which require a lesser share of Town funding.
Each parcel will be evaluated by the 8 criteria listed above. For each measure, a point score will be assigned, from 0 to 3. The maximum score will be 24. The point system is intended to establish an objective way to identify the best projects for acquisition or protection. Those projects rating a score of 11 or above will be considered priority projects, and eligible for town funding. Projects rating less than 11 will be put on a list for possible future action, which will be maintained by the Planning Department.
The Town recognizes that small parcels of land located in the more heavily developed portions of Town may have important open space values. Small parcels may be important for scenic, cultural or historic value; may have outstanding trees or other vegetation, may be located within identified greenway; or have strategic value for preservation of existing neighborhood continuity. Because of their small size, however they may not score the required number of points to be considered for funding. In such cases, the Town Manager may recommend that such parcels be considered for funding as provided in the following paragraph.
The Town Manager may, at his discretion, recommend that a parcel(s) which scores below the threshold of 11 points be considered or if in the opinion of the Manager, the parcel has unique characteristics that would be consistent with the intent of this policy. The Manager shall indicate in writing the reasons for such recommendation.
The decision to fund a project will be made by the Town Council, upon recommendation by the Town Manager as described below. Project funding need not follow strict rank order, as the opportunity to make an agreement with the landowner will vary project by project. The Town must have the flexibility to respond to acquisition opportunities in a timely manner. As long as a project meets the threshold rank of 11, it may be funded whenever agreement can be reached among the Town, the owner, and other agencies participating in the project.
| Open Space Project Ranking Point System |
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Number of points awarded |
| Criteria |
0 |
1 |
2 |
3 |
| Potential to offset impact of development: number of housing units possible |
0 |
1 - 10 |
11 - 20 |
Over 20 |
| Size of parcel |
<5 Acres |
5 - 15 Acres |
16 - 30 Acres |
Over 30 Acres |
| Groundwater protection |
No impact |
Groundwater recharge area or sole source aquifer |
Non-community wellhead protection area |
Groundwater reservoir or Community wellhead protection area |
| Ecologically significant habitat |
Degraded habitat |
Average habitat |
Above average habitat |
Prime habitat |
| Proximity to other protected land or to surface water bodies |
More than ½ mile away |
¼ to ½ mile |
< ¼ mile |
Abutting or in linkage area |
| Farmland Preservation |
No |
Inactive farm |
Active farm < 10 acres |
Active farm10 acres or more |
| Historic Value |
Minimal or no value |
LowValue |
Medium Value |
High Value |
| Scenic Value |
Minimal or no value |
LowValue |
Medium Value |
High Value |
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| Source of values used in project ranking |
1. Number of Housing Units - Calculations based on maximum residential dwelling units permitted by current zoning per the applicable provisions of the Zoning Ordinance and/or Subdivision and Land Development Regulations. For land zoned for non-residential purposes, an estimate of the intensity of development shall be used.
2. Size of Parcel - The gross land area of the parcel being acquired or the area subject to a conservation easement.
3. Groundwater Protection - Designations are those areas based on RI DEM, Division of Water Resources and/or Town of South Kingstown data as follows:
a) Recharge Areas are those areas located within the Groundwater Overlay Protection District (GPOD) as delineated on the official zoning map of the Town of South Kingstown
b) Groundwater Reservoirs are those areas as defined in Section 602.3 of the Zoning Ordinance and as delineated by RIDEM, Division of Water Resources
c) Wellhead Protection Areas are those areas inventoried by RIDEM and as shown and defined in the South Kingstown Wellhead Protection Plan, September 1998
d) Sole Source Aquifer - Areas of South Kingstown within the Pawcatuck Watershed Basin as identified in the Comprehensive Plan
4. Ecologically Significant Habitat
a) Prime Habitat are those areas identified under the Rhode Island Natural Heritage Program as "unique sites" or areas documented under the Program as providing habitat for State Endangered, State Threatened, Federally Endangered, Federally Threatened, or Species of State Interest
b) Above Average Habitat are those areas identified under the Rhode Island Natural Heritage Program that provide habitat for Species of Concern. Also those parcels located within Areas of Critical Concern as defined within the CRMC Special Area Management Plans for the Salt Pond Region or for the Narrow River. Also included are those parcels located within a focus area designated as Regional Focus Areas for Protection as identified in the Washington County Land Trust Coalition document entitled ‘Land Conservation Priorities for South County’.
c) Average Habitat are those areas other than described in a) and b) above, but which support typical ecological communities of Rhode Island
d) Degraded Habitat are those areas which have been disturbed by development, excavation, pollution, etc.
5. Proximity to Other Protected Land or To Surface Water Bodies - Protected areas are properties within the Town of South Kingstown which are protected from future development by public or private organizations. Land within a defined greenway as shown in the Town CCP or the State of Rhode Island Greenspace and Greenways Plan would qualify as a 'linkage area' and would rate 3 points. Surface water bodies include ocean, ponds, lakes, rivers or streams.
6. Farmland Preservation- Land meeting the definition of 'agricultural land' as found in Article 12 of the Zoning Ordinance. An 'active farm' is that property which is presently or within the past year has been used for the raising of crops and/or livestock.
7. Historic Value - This category will consider the presence of such attributes as stone walls, cemeteries, historic building foundations, historic public use, etc. Specific designations are as follows:
a) High Value - Land within a historic zoning district as shown on the Official Zoning Map.
b) Medium Value - Either of the following:
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· Land having historic, cultural or archaeological value as documented in any State Guide Plan or a report, or in any catalog or inventory prepared by an organization involved in historic or cultural activities in the Town or State; or,
· Land containing a historic cemetery as defined in R.I.G.L. § 23-18-1
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c) Low Value - Either of the following:
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· Land abutting property identified as having High or Medium Historic Value, above; or,
· Land which is predominantly undeveloped and which contributes to the Town's historic landscape patterns (e.g., having significant stone walls)
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d) Minimal or No Value - Land which has been recently developed, or disturbed so as to minimize or destroy any historic value
8. Scenic Value - This category will consider the aesthetic value of property proposed for protection and/or how the property contributes to preservation of rural character along major streets and highways
a) High Value - Either of the following:
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· Land within a scenic landscape area as shown on Map 5.4 of the Comprehensive Community Plan; or,
· Land having frontage on a State-designated scenic highway
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b) Medium Value - Either of the following:
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· Land having at least 200 feet of preserved natural frontage on a State or federal highway, or a Town-owned primary road as identified in the Comprehensive Plan; or,
· Land having scenic value as documented in any State Guide Plan or a report, catalog or inventory prepared by an organization involved in tourism, scenic, environmental or cultural activities in the Town or State
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c) Low Value - Land which has average scenic value, and possesses no outstanding or noteworthy views, vistas or characteristics
d) Minimal or No Value - Land which is predominantly developed or disturbed
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C. Use of Open Space Funds return to top
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The Town may use funds to protect open space in projects which are initiated solely by the Town itself or which are jointly funded with other public and private organizations. The Town of South Kingstown endorses jointly funded projects and will actively participate in projects with other public and private organizations. The Town encourages acquisition and protection projects which are initiated by outside groups in which the Town will participate as a funding source. The Town feels that such projects will maximize the use of municipal funds and will leverage taxpayers dollars. Such joint projects will increase the total amount of land in the Town which can be protected and will encourage cooperation with other organizations whose principal objectives are the preservation of open space land.
All projects which use funds dedicated for open space preservation, including projects undertaken solely by the Town or jointly funded projects shall meet one of the following assurances:
1. That the land identified for open space protection is protected from future development in perpetuity; and,
A. If jointly funded, that the Town has been granted a conservation easement over the land identified for open space protection, in accordance with the Rhode Island Uniform Conservation Easement Act; or,
B. That the Town has an equity position in land which is identified for open space protection which is equal to the percentage of total acquisition cost of that land that is represented by municipal dollars; and, that the Town has the ability to approve or deny any sale or transfer of protected property in the future.
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D. Application Procedure and Required Documentation return to top
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The following policy applies to any property owner or organization wishing to request funding from the TSK regarding a potential acquisition or open space project. The town will receive applications for the funding and/or for acquisition of open space land at any time in accordance with the process described herein.
Process Overview
The application process is divided into two components. The purpose of the Pre-application Submittal is to provide basic information on the proposed acquisition so that it may undergo initial evaluation to gain non-binding determination of the Town’s interest in funding the application. At this stage, the project will be ranked by the Town’s Funding criteria to determine its value as open space land. The second part of the application is the Formal Submittal. The applicant shall provide more detailed information on the proposed acquisition along with various supporting documentation that will be useful in the Town Council’s public informational meeting on the proposed acquisition. Application forms are available from the Planning Department and shall be completed in their entirety by the requesting party. While technical assistance will be provided by, The Town does not assume responsibility for preparation of any component of the application. (See attached application forms for more detailed information on submittal requirements).
At its discretion, the Town Council may waive any documentation required herein. Also, the Town Council may modify documentation submission requirements and timeframes identified herein.
Pre-application Submission
Completed Pre-applications shall be submitted to the Planning Department for review and ranking in accordance with the Town Council’s open space project ranking system.
The following documents are to be included with the Pre-application OS Form 1:
1. Preliminary Land Management Plan - In the Pre-application submission, particular attention shall be given to the Preliminary Land Management Plan. Each of the required portions of the PLMP shall be addressed in sufficient detail as to properly describe how and by whom the property will be managed, proposed public use, if any, and how the open space value will be protected.
2. Purchase and Sales Agreement - In order for Town participation in an open space acquisition or protection project, the Town Council will require a purchase option or sales agreement to secure the property for a period of time. Such purchase option shall be signed by the owner of the property or an authorized representative.
In its review of Pre-applications, the Planning Department shall refer copies of the Pre-application to appropriate municipal departments as necessary for their review and comment. Within 15 days of receipt of the Pre-application, the Planning Department shall submit the application to the Town Manager.
Within 15 days of receipt of the pre-application, the Town Manager shall review and forward a copy of the pre-application, along with a recommendation, to the Town Council.
The Town Council will review the terms of such option or agreement in a meeting which is closed to the public. All Pre-applications will be kept confidential until such time that the completed Formal Application is scheduled for a public informational meeting. Negotiations for purchase of property will be confidential, in accordance with Chapter 46 of the RI General Laws entitled “Open Meetings”.
In those cases where a Pre-application receives a favorable recommendation from the Town Council, the applicant will be duly notified that a Formal Application for open space funding may be submitted to the Town for consideration.
Formal Application Submission
Completed Formal Applications shall be submitted to the Planning Department for review of completeness.
The documentation listed below shall be provided by the seller, by the applicant or by a third party participant in the project at the time the Formal Application Submittal along with OS Form 2:
1. Appraisal - An appraisal of the fair market value of the property shall be prepared by a certified appraiser; and,
2. Title Search - Evidence of clear title as evidenced by a title search; and,
3. Survey - A Class 1 survey shall be prepared conforming to the minimum standards of the RI Board for Professional Land Surveyors. This plan shall identify all areas which are to be preserved for open space purposes; and,
4. Payment of Taxes - Evidence of full payment of all back taxes owed to the Town, unless specifically waived by the Town Council.
5. Land Management Plan - A narrative statement, including a map of the property identifying the areas proposed for open space acquisition, and a description of proposed use; provisions for public access to the property (if any); responsibility for property maintenance; protection of habitat; and any special conditions.
6. Environmental Assessment - An examination of the subject property to determine any places or areas from or at which a release of oil or hazardous materials has occurred or where a threat of such a release exists.
In its review of Formal Applications, the Planning Department shall refer copies of the application to appropriate municipal departments as necessary for their review and comment. Within 15 days of receipt of the Formal Application, the planning Department shall submit the application to the Town Manager.
Within 15 days of receipt of the Formal Application, the Town Manager shall review and forward a copy of the Formal Application, along with a recommendation, to the Town Council.
It is the intent of the Town Council to make a formal decision on all land purchases after a public informational meeting. Where time permits, public informational meetings will be advertised in a local newspaper. At the public informational meeting, opportunity shall be given to all persons interested to be heard upon the matter of the proposed project.
Town Council approval must be granted to the project prior to disbursement of Town Funds.
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E. Eligible Reimbursement Costs Associated with Land Acquisition return to top
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The Town of South Kingstown may consider requests for expenses that are in addition to the actual purchase cost of open space property. Such eligible reimbursement costs shall include: expenditures for fair market value appraisals prepared by a certified appraiser; a property survey prepared and stamped by a licensed professional land surveyor; title and recording fees; environmental reviews prepared by a qualified consultant; and, legal fees directly associated with the land purchase.
All eligible reimbursement cost requests shall be supported with adequate documentation that includes detailed invoices for work performed and proof of payment.
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F. Costs Not Eligible for Reimbursement return to top
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Personnel costs, land management fees, general overhead costs, administrative fees and legal fees not directly associated with the land purchase are not considered eligible reimbursement expenses.
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G. Procurement Guidelines return to top
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Organizations or individuals requesting funds from the Town of South Kingstown for reimbursement of eligible costs associated with land acquisition shall, to the degree feasible, use competitive procurement procedures when contracting for professional services (i.e. land appraisal, property survey, environmental assessment).
The Town of South Kingstown recommends that at least three (3) verbal quotations be obtained for professional services costing between $1,000 and $5,000. A minimum of three (3) written quotations should be obtained for professional services costing in excess of $5,000.
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