Chapter 142
2006 -- H 7951
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: Representatives Rice, Jackson, and Long
Date Introduced:
March 30, 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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