Chapter
121
2006 -- S 2986
Enacted 06/16/06
A N A
C T
RELATING TO TOWNS AND
CITIES -- AUTHORIZING THE TOWN OF MIDDLETOWN TO CONSTRUCT AND MAINTAIN A
STORMWATER CONTROL SYSTEM
Introduced By: Senator June
N. Gibbs
Date Introduced: April 04,
2006
It is
enacted by the General Assembly as follows:
SECTION
1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby
amended
by adding thereto the following chapter:
CHAPTER 63
MIDDLETOWN STORMWATER CONTROL SYSTEM
45-63-1
Legislative findings. – The General Assembly hereby recognizes and
declares
that:
(1)
A stormwater control system which provides for the collection, treatment,
storage and
disposal
of stormwater provides benefits and services to all property within a
municipality.
(2)
Such benefits include, but are not limited to, the provision of adequate
systems of
collection,
conveyance, detention, treatment and release of stormwater, the reduction of
hazards
to
property and life resulting from stormwater run off, improvement in general
health and welfare
through
reduction of undesirable stormwater conditions and improvement to the water
quality in
the
stormwater and surface water systems and their receiving waters.
(3)
That portions of the town of Middletown do not have the benefit of stormwater
control
systems or the systems are antiquated and/or ineffective.
(4)
That construction of adequate stormwater control systems in areas of the town
of
Middletown
not presently served by stormwater control systems would further the goals of
reducing
hazards to life and property through reduction of undesirable stormwater
conditions,
improvement
to the water quality and improvement in general health and welfare.
(5)
That the town of Middletown desires to provide such stormwater control systems
to
areas
in need of same.
(6)
That in order to provide such facilities the town is in need of a funding
mechanism to
help
defray the cost of installation of same.
(7)
That it is the policy of the state of Rhode Island to empower and assist the
local
municipalities
to meet the needs of residents, reduce hazards to life and property and improve
water
quality.
45-63-2.
Authorization. – Subject to approval of the Rhode Island department
of
environmental
management, where required by law or regulation, and where appropriate, to the
approval
of such other state and federal agencies having jurisdiction over the subject
matter, the
town
of Middletown, is authorized and empowered to design, plan, permit, layout and
construct,
maintain
and operate a stormwater control system facility inclusive, but not limited to,
pipes,
connections,
catch basins, manholes, retention and/or detention basins, water quality ponds,
swales,
channels, pumps, holding tanks and such other facilities as may be reasonably
necessary
for
the collection, treatment, storage and disposal of stormwater and for such
purposes to take by
eminent
domain or otherwise acquire any lands, rights-of-way, or easements, public or
private in
said
town necessary for accomplishing the purposes set forth in this chapter.
The
design, permit, layout and construction of said stormwater control system shall
be
vested
in the town council, subject to approval of the Rhode Island department of
environmental
management.
The members of the town council and their duly authorized agents may enter upon
property
within the town to examine, inspect and survey same whenever necessary for the
performance
of their duties hereunder.
45-63-3.
Special assessment. – The town of Middletown, by ordinance, is
authorized to
impose
and collect a special assessment to defray the cost of construction of said
stormwater
control
systems in areas not presently served by subsurface stormwater control systems.
The town
council
shall prescribe a just and equitable annual assessment to all owners of land
abutting on
that
portion of any street, highway or right-of-way in which storm water drainage
pipes, catch
basins
and lines are installed at the expense of the town of Middletown. Said
assessment shall be
adopted
by ordinance of the town council after public hearing thereon, shall be imposed
only after
said
stormwater control system shall have been installed and shall be formulated to
repay to the
town
the actual costs of construction of said storm water control system, including
design,
permitting,
debt service and costs on any issuance of bonds or notes issued to finance the
same, or
such
portion thereof as the town shall deem appropriate, over a period not to exceed
twenty (20)
years,
(or the repayment term of any bonds or notes utilized to finance same,
whichever may be
greater).
Said assessment to owners of abutting land shall be at a uniform rate for each
foot of
frontage
of land abutting on a street, highway or right-of-way, into which a subsurface
stormwater
control system shall have been installed by the town; provided, however, that a
minimum
rate may be established for any lot having foot frontage of less than fifty
(50) feet
which
rate may be equal to that charged for a lot with foot frontage of fifty (50)
feet; provided,
that
a higher rate per foot frontage may be assessed to a lot of land upon which a
dwelling or
other
structure is located than an unimproved lot of land, and further provided, that
whenever any
lot
is located at the intersection of two (2) streets, highways or rights-of-way in
which
stormwater
drainage lines have been constructed at the expense of the town of Middletown
hereunder
the assessment on such lot shall be made only for the stormwater drainage line
on one
street,
highway or right-of-way, that being the street, highway or right-of-way having
the greatest
linear
foot frontage. It is hereby determined that assessment made under this section
will not
exceed
the benefits to the abutting owners.
Said
ordinance shall provide that the amount of said special assessment shall be
payable
to the
town in equal annual installments for a period not exceeding twenty (20) years,
(or the
repayment
term of any bonds or notes utilized to finance same, whichever may be greater),
with
interest
thereon, if any, at a rate to be determined by the town council not exceeding
six percent
(6%)
per annum or the interest rate payable on any bonds or notes issued to finance
same,
whichever
may be greater, payable at such time as each installment becomes due. Any
property
owner
shall have the right to prepay unpaid installments with interest to time of
prepayment.
The
town council shall annually, prior to the first day of July, certify to the
finance
director
all assessments made by it under the authority of this section. Each such
assessment
made
by the town council pursuant to this section shall be a lien upon the lands,
buildings and
improvements
upon which it is made in the same way and manner in which taxes assessed on
real
estate
and if not paid as required shall be collected in the same manner that taxes
assessed on real
estate
are by law collected. Such assessment shall be due and payable at the time the
next regular
town
taxes are first due and payable next after receipt by the finance director of
the certification
of
assessments from the town council, except that payment may be made in quarterly
installments
and
installment payments shall be due beginning at such time, and the finance
director shall
forthwith
certify to the tax collector for collection, and the tax collector shall proceed
to collect
such
assessment in the same manner and at the same time the regular taxes of the
town are first
due
and payable, with provision for installments as provided in this section.
Interest at the rate per
annum
for nonpayment of town taxes shall be charged and collected upon all overdue
assessments
and installments from the date they are payable until paid.
45-63-4.
Exemptions from special assessment. – The town council may, by
ordinance,
exempt
from the payment of any and all assessments for the construction of stormwater
control
facilities
hereunder, the land of any religious corporation on which are located buildings
used
solely
for holding of religious services therein and all land in the town held by
cemetery
corporations
and used solely for cemetery purposes.
45-63-5.
Adjustment of special assessment. – Upon petition of the owner of a
lot of
land
of irregular shape or which is unduly above or below grade or which for any
other reason is
deemed
to be inequitably charged or assessed under this chapter, the town council may
adjust the
charge
or assessment on such lot or exempt such lot from such charge or assessment.
45-63-6.
Stormwater control system in existing street. – Nothing herein shall
be
construed
to require the town of Middletown to install any storm water control facilities
in any
existing
street and installation of such facilities shall be in the discretion of the
town council.
SECTION
2. This act shall take effect upon passage.
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LC02910
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