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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