ORDINANCE NO. O-24-4

Posted Thursday, July 25, 2024 12:00 am

LEGAL NOTICE
CITY OF WARWICK
ORDINANCE NO. O-24-4

APPROVED July 17, 2024

Frank J. Picozzi MAYOR

THE CITY OF WARWICK
STATE OF RHODE ISLAND

CHAPTER 1
GENERAL PROVISIONS

AN ORDINANCE CLARIFYING STREET ABANDONMENT PROCEDURES FOR CIRCUMSTANCES WHERE THE CITY OF WARWICK IS AN APPLICANT AND THE MAYOR CERTIFIES THAT IT SERVES THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE CITY

Be it ordained by the City of Warwick:

Section I: Chapter 1of the City of Warwick Code of Ordinances is hereby amended as follows:

Sec. 1-13. - Street abandonments and sale of same to abutting owner.

Pursuant to G.L. § 24-6-1, when the City of Warwick receives a request for the abandonment of a highway or driftway, the City of Warwick may sell the highway or driftway to the abutting owner at fair market value. Except when the City is an Applicant for an abandonment, the The fair market value shall be determined by subtracting the fair market value of the abutting owner's land, without the abandoned portion of the highway or driftway, from the fair market value of the abutting owner's land, with the abandoned portion of the highway or driftway included. When the City is an Applicant, fair market value may be established through certification by the Mayor that the abandonment serves the health, safety and welfare of the citizens of the City. The following procedures shall apply in processing a request for abandonment:

(a) The abutting owner shall submit the abandonment request to the planning department for review and recommendation to the city council. At a minimum, said submission shall include:

(1) A legal description of the property to be abandoned, certified by a Rhode Island Registered Professional Land Surveyor or a Rhode Island Registered Professional Engineer;

(2) A map/plan of the property to be abandoned, which map or plan is drawn to scale;

(3) A list of property owners who directly abut the property to be abandoned.

(b) Upon receipt of the abandonment request, the planning department shall request an appraisal of the fair market value of the portion of the highway or driftway sought to be abandoned.

(c) The appraisal shall be performed by an appraiser licensed in the State of Rhode Island and whose name is on the list of approved appraisers developed and maintained by the planning department.

(d) All costs of the appraisal shall be paid by the applicant. The initial amount to be paid shall be based upon an estimate of the appraisal cost made by the planning department at the time that abandonment request is filed with the department. If the initial amount is more than the actual appraisal cost, the excess funds shall be refunded to the applicant. Any deficiency between the initial estimate and the actual appraisal cost must be paid by the applicant requesting the abandonment before the matter may proceed to hearing.

(e) The appraisal of the fair market value of the portion of the highway or driftway to be abandoned shall be transmitted to the city clerk's office with the recommendation of the planning department to the city council regarding the requested abandonment.

(f) An administrative subdivision shall be recorded in the City of Warwick land evidence records as a condition of the abandonment.

(g) The City Council may waive these procedures on projects where the City is an Applicant for an abandonment and the Mayor certifies the abandonment serves the health, safety, and welfare of the citizens of the City.

Section II: This Ordinance shall take effect immediately upon its passage and publication as prescribed by law.