§ 24-2-8.5 - Acceptance and upgrading of access into highway system in town of West Warwick.
SECTION 24-2-8.5
§ 24-2-8.5 Acceptance and upgrading ofaccess into highway system in town of West Warwick. – (a) The town of West Warwick is permitted to utilize the below listed procedureto provide for the acceptance and upgrading of highways not yet accepted intothe 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 andtwo-thirds percent (66 2/3%) of the owners of land with frontage on the accesspresented for acceptance.
(3) The access presented for acceptance must be connectableto an accepted town highway or a highway maintained by the state.
(4) Upon receipt of application, the town will obtain anestimate of cost to create from the access a highway to be accepted by the towninto the town highway system.
(ii) The town shall provide the applicants with a copy of theestimate.
(5) To have the access improved or a road constructed by thetown the applicants shall agree by written contract to the following:
(i) To repay the town for the cost of construction orimprovement as outlined in the estimate provided them. Repayment to the townshall not exceed fifteen (15) years and shall be repaid with interest not toexceed the "prime rate" at the date of contract.
(ii) The percentage of repayment of the total estimate foreach landowner shall be based on the frontage owned by the landowner divided bythe total frontage on both sides of the access.
(iii) The repayment agreement shall be binding on thelandowner's heirs and assigns, shall be recorded on the land records of thetown, shall create a tax lien against the land until fully repaid and shall becollectable on nonpayment under the provisions of chapter 9 of title 44.
(iv) The landowner shall deed to the town the land necessaryfor construction or improvement as the town shall designate.
(v) Upon completion of the obligations of the applicants andthe recording of the repayment contract the town shall contract for theconstruction or improvements outlined in the estimate and shall accept theimproved highway into the town highway system and shall be liable for themending and repairing of the highway.
(vi) The town is entitled during construction or improvementof the access into an acceptable town highway to use those portions of theapplying landowner's property as needed to construct or improve the highwaywithout payment of compensation to the landowner.
(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.