§ 24-2-8.4 - Acceptance and upgrading of access into highway system in town of Burrillville.
SECTION 24-2-8.4
§ 24-2-8.4 Acceptance and upgrading ofaccess into highway system in town of Burrillville. – (a) The town of Burrillville shall be permitted to utilize the below listedprocedure to provide for the acceptance and upgrading of highways not yetaccepted into the town's highway system:
(1) Owners of land fronting on an existing means of ingressand egress to their property which has not been accepted into the town highwaysystem may make application to the town council for acceptance by the town ofthe access into the town's highway system.
(2) The application must be signed by sixty-six and twothirds percent (66 2/3%) of the owners of land with frontage on theaccess presented for acceptance.
(3) The access presented for acceptance must be connectableto an accepted town highway or a highway maintained by the state. For goodcause shown this provision may be waived by the town council.
(4) Whenever the council shall determine to consider theacceptance and upgrading of highways into the town's highway and defray thecost and expense thereof, or any part thereof by special assessment, thecouncil may cause the town manager or his or her designee to make aninvestigation of the proposed public improvement and report his or her findingsto the council. The report shall include an analysis of the following:
(A) The estimated cost of the proposed public improvement; and
(B) Plans and specifications for the public improvement.
(ii) There shall also be included recommendations as to thefollowing:
(A) The portion of the cost to be borne by a specialassessment and the portion, if any, to be borne by the town at large;
(B) The extent of the improvement and boundaries of thehighways to be accepted into the town's highway system;
(C) The number of installments in which assessments may bepaid; and
(D) Any other facts or recommendations which will aid thecouncil in determining whether the improvements shall be made and how the sameshall be financed.
(5) No expenditure, except for the necessary procedures ofthe council and for the preparing of necessary profiles, plans, specificationsand estimates of cost, shall be made for any public improvements, the cost ofwhich is to be paid by special assessment upon the property especiallybenefitted thereby, until the council has passed a resolution determining toproceed with the public improvement.
(6) Upon receipt of the report of the town manager, if thecouncil shall determine to proceed with the improvement, it shall, byresolution, order the report prepared by the town manager filed with the townclerk. In addition, by the resolution, the council shall tentatively determineto proceed with the public improvement, tentatively determine the necessitythereof and set forth the nature thereof, tentatively designate the limits ofthe special assessment to be affected and describe the lands to be assessed,tentatively determine the part or proportion of the cost of the publicimprovement to be paid by the lands specially benefitted thereby and the partor proportion, if any to be paid by the town at large for benefit to the townat large, and shall direct the assessor to make a special assessment roll ofthe part or proportion of the cost to be borne by the lands speciallybenefitted according to the benefits received and to report the same to thecouncil. The assessment shall be made on all land abutting the road constructedat a uniform rate for each front foot of the land upon the road or any othermethod or combination of methods which the town council shall determine to beequitable and fair; provided, however, that no parcel of land shall be assessedfor an amount in excess of the benefit conferred thereon as determined by thetown council.
(7) When the special assessment roll shall have been reportedto the council, it shall order the roll filed in the office of the town clerkfor public examination along with the report of the town manager required to bemade pursuant to subsection (a)(4), and shall fix a date, time and place whenthe council shall meet to finally determine the necessity of the improvement,limits of the special assessment district and to review the roll and to hearcomplaints. The town manager's report and the assessment roll shall be open topublic inspection for a period of seven (7) days before the hearingrequired by this section. The town clerk shall give notice of the hearing bythe council to determine the necessity for the improvement, composition of thedistrict and review of the special assessment roll, and to hear objections bypublication at least once in a newspaper printed and circulated in the town atleast ten (10) days prior to the time of the meetings, and shall further causenotice of the meeting to be mailed by first-class mail to each property ownerin the special assessment district as shown by the current assessment rolls onfile with the tax assessor.
(8) The council shall meet and hear objections to the publicimprovement to the special assessment district, and the special assessment rolltherefor at the time and place appointed or at an adjourned meeting thereof andshall consider any objections thereto. The council may revise, correct or amendthe plans, estimates of cost, special assessment district and specialassessment roll. If any changes shall be made which result in additions to thespecial assessment district or increases in the special assessment roll, then asecond hearing shall be held with respect to the changes and notice of thehearing shall be given in the same manner as required for the first hearing.After the hearing, or second hearing if required, the council may, byresolution, determine to proceed with the public improvement, determine thenecessity thereof and set forth the nature thereof, designate the limits of thespecial assessment district to be affected and describe the lands to beassessed, finally determine the part or proportion of the cost of the publicimprovement to be paid by the lands specially benefitted thereby and the partor portion, if any, to be paid by the town at large for benefit to the town atlarge. The council may also confirm the special assessment roll with thecorrections as it may have made, if any, or may refer it back to the assessorfor revision, or may annul it or any proceedings in connection therewith. Theassessor shall endorse the date of confirmation upon each special assessmentroll.
(9) Upon completion of the construction of the road, the townshall accept the road into the town's highway system and maintain it in thesame manner as other town accepted roads.
(10) If during or prior to the hearing by the council, theowners of more than one-half (1/2) of the property to be assessed shall objectin writing to the improvement, the assessment shall not be made and theimprovement shall not take place.
(11) All special assessments contained in any specialassessment roll, including any part thereof to be paid in installments, shall,from the date of confirmation of such roll, constitute a lien upon therespective lots or parcels of land assessed and until paid shall be a chargeagainst the respective owners of the several lots and parcels of land and adebt to the town from the persons to whom they are assessed. The lien shall beof the same character and effect as the lien created by the statute for realproperty taxes, and shall include accrued interest and fees. No judgment ordecree nor act of the council vacating a special assessment shall destroy orimpair the lien of the town upon the premises assessed for such amount of theassessment as may be equitably charged against the same, or as by a regularmode of proceeding might be lawfully assessed thereon. All special assessmentsshall become due upon confirmation of the special assessment roll or in annualinstallments, not to exceed fifteen (15) in number, as the council maydetermine at the time of confirmation, and, if annual installments, the councilmay determine the first installment to be due upon confirmation or upon anyother date the council may prescribe, and the subsequent installments annuallythereafter. Deferred installments shall bear interest at such rate as thecouncil may prescribe which shall not exceed seven percent (7%) per annum.
(12) Whenever any special assessment roll shall be confirmedand be payable, the council shall direct the roll to the tax collector forcollection. The tax collector shall mail statements of the several assessmentsto the respective owners of the several lots and parcels of land assessed, asindicated by the records of the assessor, stating the amount of the assessmentand the manner in which it may be paid, provided, however, that failure to mailany statement shall not invalidate the assessment or entitle the owner to anextension of time during which to pay the assessment.
(13) The whole or any part of any such assessment may be paidin full at any time after the date of confirmation of the special assessmentroll until the time as the council shall prescribe without interest or penalty.
(14) Each special assessment shall be collected by the taxcollector with the same rights and remedies as provided by law for thecollection of taxes, except as otherwise provided herein.
(15) After the expiration of the period set forth insubsection (a)(13) for payment without interest or fees, any installment may bedischarged by paying the face amount thereof, together with fees and interestthereon from the date of confirmation to the date of payment.
(16) Upon completion of the improvement, the financing andthe payment of the cost thereof, the treasurer shall certify to the council thetotal cost of the improvement together with the amount of the original roll forthe improvement.
(17) Should the assessments on any special assessment roll,including the amount assessed to the town at large, prove insufficient forwhich they were made, then the council may make additional pro rata assessmentsto supply the deficiency against the town and the several lots and parcels ofland in the same ratio as the original assessments, but the total amountassessed against any lot or parcel of land shall not exceed the value of thebenefits received from the improvement.
(18) Should the special assessment or the proceeds of sale ofany special assessment bonds prove larger than necessary to meet the costs ofthe improvement or to meet the principal and interest requirements of anyspecial assessment bonds and expenses incidental thereof, the excess shall beplaced in the town treasury. If more than five percent (5%), the excess shallbe returned pro rata according to assessments; except as otherwise provided inthis section. No refunds may be made which contravene the provisions of anyevidence of indebtedness secured in whole or in part by such special assessment.
(19) Should any lots or lands be divided after a specialassessment thereon has been confirmed and divided into installments, theassessor shall apportion the uncollected amounts upon the several lots andlands so divided, and shall enter the several amounts as amendments upon thespecial assessment roll. The tax collector, shall, within ten (10) days aftersuch apportionment, send notice of such action to all interested persons attheir last known address by first-class mail. The apportionment shall be finaland conclusive on all parties unless protest in writing is received by the taxcollector within twenty (20) days of the mailing of the notice.
(20) Whenever the council deems any special assessmentinvalid or defective, or whenever a court adjudges an assessment to be illegalin whole or in part, the council may cause a new assessment to be levied forthe same purpose, whether or not the improvement or any part thereof has beencompleted, or any part of the special assessment collected. All proceedings onthe reassessment and for the collection thereof shall be conducted in the samemanner as provided for in the original assessment. If any portion of theoriginal special assessment is collected and not refunded, it shall be appliedupon the reassessment, and the reassessment shall, to that extent, be deemedsatisfied. If more than the amount reassessed is collected, the balance shallbe refunded to the person making such payment.
(21) If, in any action, it shall appear that by reason of anyirregularities or informalities, the assessment has not been properly madeagainst the person assessed or upon the lot or premises sought to be charged,the court may, nevertheless, upon satisfactory proof that expense has beenincurred by the town which is a proper charge against the person assessed orthe lot or premises in question, render judgment for the amount properlychargeable against such person or upon such lot or premises.
(22) In any case where the provisions of this section mayprove to be insufficient to carry into full effect the making of anyimprovement or the special assessment therefor, the council shall provide anyadditional steps or procedure required to effect the improvement by specialassessment in the resolution declaring the determination of the council to makesuch improvement in the first instance.
(b) This section shall not be construed to limit the townfrom exercising any of its rights under law and is intended only to provide amechanism to provide landowners with a means of upgrading access to theirproperty and repaying the town over an agreed period of time at an agreedinterest rate.