[Adopted 6-26-1974]
The purpose of the article is to assess all
private properties receiving benefit or advantages from public sanitary
sewer construction in accordance with legislation enacted by the General
Assembly of the State of Rhode Island in May 1973, and approved by
the electorate of the Town of Barrington on November 6, 1973.
For the purposes of this article, the following
words shall be considered to have the following meanings:
A sewer unit without frontage on a street, right-of-way or
easement containing a sewer main or trunk line or the rear portion
of a large lot having said frontage and which is not directly served
by public sanitary sewers at the time said improvement is provided.
Premises designed or adapted for financial gain (other than
a dwelling unit).
The sewer mains and property laterals to which service lines
from individual abutting properties can be connected.
One or more rooms providing complete living facilities for
one family, including equipment for cooking, or provisions for same,
and including a room or rooms for living, sleeping and eating.
A line without access from individual properties providing
access from a pumping station or from a pumping station to trunk and
sewer mains.
A sewer unit abutting an existing or platted street, right-of-way
or easement in which a sewer main or trunk line is located for the
purpose of servicing said premises.
Improvements such as pumping stations, trunk and force mains,
lands, rights-of-way and easements which will serve the direct facilities.
Premises designed or adapted for two or more dwelling units.
Sewerage conduit from the street sewer main to the service
line at the lot line of the property to be served.
A facility used to lift collected sewage to a higher elevation
from whence it flows by gravity.
Premises designed or adapted for private, nonprofit organizations,
such as schools, hospitals and religious or fraternal institutions.
Sewerage conduit from a house to a property lateral.
The line in the street serving as a conduit for sanitary
sewage collected from the property laterals from each individual property.
The basic assessment unit equivalent to a developed single-family residential lot, as permitted under Chapter 185, Zoning, in effect at the time of such assessment or as actually existing.
All estates within the Town of Barrington not constitutionally
exempt, including all real property of the Town of Barrington devoted
to school and related athletic facilities, municipal and school offices,
library, police, fire and other public safety uses, public works buildings,
but no other Town property.
The line serving as a conduit for sanitary sewage from a
number of sewer mains and property laterals. Trunk mains shall be
considered as those lines 12 inches and over in diameter and in some
instances also serve as sewer mains.
A means by which a portion of public sanitary sewer costs
shall be equitably divided between the total number of existing and
potential sewer units to be served after having determined the costs
resulting from direct and indirect benefit facilities.
The Zoning Ordinance in effect in the Town of Barrington
at the time each sewer betterment assessment is respectively levied.
[1]A.
All subject properties to receive benefit or advantage
from public sewer construction after the adoption of this article
shall be assessed by the unit method of sewer betterment cost apportionment.
The Town Council shall determine the percentage of the total sewer
program costs that shall be financed by betterment assessments on
front sewer units.
B.
Each parcel of land in an improvement district shall
be converted into front sewer units for the purpose of apportioning
the construction costs to be paid by the betterment assessment. The
Town Council may consider Town-wide planning for the purpose of determining
sewer units and the division of costs. Excess land not so converted
shall be converted into back sewer units and assessed as such by the
Town Council.
C.
For assessment purposes:
(1)
A lot in a residential zone occupied by a single-family
residence or a vacant lot or a farm lot in such zone shall be divided
into as many front sewer units, including such residence, if any,
and back sewer units as permitted by the Zoning Ordinance and platting
regulations[1] of the Town of Barrington, giving consideration to the
location on said lot of the principal structure.
(2)
A lot in a residential zone devoted to uses other than single-family residence (other than semipublic) shall be assessed in accordance with the use or uses actually made of such lot, any area of such lot not so devoted and necessary for such use or uses to be divided into front and back sewer units in accordance with Subsection C(1) of this section.
(3)
A lot in a commercial or industrial zone devoted to
any such commercial or industrial use shall be divided into as many
front sewer units as there shall be uses on such lot or into as many
front and back sewer units as would be permitted for single-family
residential use in such zone whichever shall yield the greater assessment.
(4)
A lot devoted to semipublic uses regardless of zone
shall be divided into as many front and back sewer units as may be
devoted to single-family residences in the zone giving consideration
to the principal structures existing on such lot, each such structure
designed for habitation, occupation or assembly by persons to be deemed
a front sewer unit.
(5)
A lot in a commercial or industrial zone devoted to
farming uses or vacant or devoted to purposes other than commercial
or industrial (other than a semipublic use) shall be divided into
as many front and back sewer units as would be permitted for single-family
residential use in such zone, giving consideration to the location
on said lot of the principal structures.
(6)
Back sewer units developed for residential, commercial,
industrial or semipublic use or designed or adapted to serve a commercial
or industrial use shall be assessed as front sewer units.
D.
Residential structures existing at the time the betterment
assessment roll is established, which are classified as multifamily
uses, shall be counted for sewer unit purposes on the following basis:
|
Number of Dwelling Units
|
Sewer Units
|
|---|---|
|
2
|
1
|
|
3
|
1 1/2
|
|
4
|
2
|
|
5
|
2 1/2
|
|
6
|
3
|
|
7
|
3 1/2
|
|
8
|
4
|
|
9
|
4 1/2
|
|
10
|
5
|
E.
For each additional unit, 1/2 of a sewer unit shall
be added. In the case of any lot devoted to commercial or industrial
uses, each area designed for or actually devoted to a separate use
or tenant shall be deemed a separate use.
F.
If any structure or parcel of land is converted to
a more intensive use subsequent to establishment of the betterment
assessment roll by conversion, new construction, zoning changes or
variance of the Zoning Board, resulting in an increment in sewerage
benefit to the structure or parcel greater than that established at
the time of the original assessment, those having an interest in said
changes shall be assessed for the more intensive use in accordance
with the assessment policies established herein. Collection of payments
for said reassessments shall be made by the Town prior to issuance
of permits or at the time authorizations for the same are granted
and are effectively utilized by the benefitting property owner.
G.
Where not in conflict with the foregoing, the following
methodology is presented as a guide for apportioning the cost of sewerage
construction using the unit method:
(1)
The cost of the direct and the indirect benefit facilities
shall be determined. The cost of direct benefit facilities shall be
divided evenly by front sewer units and back sewer units assessed
as front sewer units.
(2)
Front sewer units shall be determined by the policies
contained herein and shall be included on the betterment assessment
roll as subject to becoming due and payable as hereinafter provided.
(3)
Back sewer units shall be determined by the policies
contained herein and shall be placed on the betterment assessment
roll subject to becoming due and payable as hereinafter provided.
(4)
Reassessment of undeveloped properties shall occur
at the time they are developed. The number of sewer units shall be
established upon the actual division of the parcel and in accordance
with policies herein established.
(5)
All sanitary sewer costs related to developments subsequent
to the confirmation of the betterment assessment roll, up to and including
connection to the nearest existing public sanitary sewer main or trunk
line, shall be the responsibility of the developer.
(6)
The value of a sewer unit for both front and back
units as established by the Town Council shall be applicable for all
betterment assessment rolls confirmed attributable to the initial
Town-wide sanitary sewer improvement program.
(7)
The front sewer unit costs shall include the cost
of one property lateral. The Council shall establish the cost related
to providing a second lateral at the time of construction for those
requesting the same, which cost shall be added to the betterment assessment
roll for said property owners. The cost to provide a property lateral
after construction shall be determined, payment for which shall be
made prior to installation.
(8)
Mixed commercial and dwelling uses in the same building
shall be assessed for one sewer unit for each commercial use and in
accordance with the before-mentioned schedule for the dwelling uses.
(9)
Lots with frontage on two different streets (exclusive
of corner lots) shall be assessed the appropriate number of sewer
units applicable to each street if such lot shall be capable of being
subdivided.
(10)
Undeveloped property not fronting on a platted street and any excess property based upon the minimum zoning requirements to the rear of platted front lots or to the rear of lots which have been established for betterment assessment purposes shall be divided into back sewer units conforming to single-family residential use for the zone in which situated after a portion of said area is deducted for future street dedication purposes consistent with Chapter 200, Subdivision of Land.
(11)
A sewer unit shall not be assessed against properties
deemed to be undevelopable due to any state or local law or regulation.
(12)
The Town Council may deviate from the standard
betterment assessment policies when to do is in the interest of equity
to prevent demonstrated hardship due to unusual circumstances or when
such decision is deemed to be generally in the best interest of the
Town.
The Town Council shall determine the amount
of money to be raised by betterment assessment on front sewer units
and shall consider in making such determination the cost of both direct
and indirect benefit facilities. That portion of assessments relating
to back sewer units shall be determined by apportioning to such back
sewer units the same proportion of the cost of indirect benefit facilities
as are borne by front sewer units.
Prior to construction of public sanitary sewer
improvements within the Town, the Town Manager, with the assistance
of other Town officials or consultants, shall:
That portion of any assessment relating to front
sewer units shall become due and payable commencing the first day
of July following the placing in operation of the sewer project in
the sewer project area in which such front sewer unit may be located,
provided that assessments with respect to front sewer units consisting
of undeveloped nonconforming platted lots shall be due and payable
as set forth in the following sentence. That portion of any assessment
relating to back sewer units shall become due and payable (except
as otherwise provided in this article) on the first day of July following
the first of the following to occur:
A.
Subdivision of such so as to permit the development
of said back sewer unit or a portion thereof.
B.
The transfer of a portion of said lot so as to permit
the development of a back sewer unit or a portion thereof.
C.
The establishment of a road or right-of-way to service
said back sewer unit or portion thereof.
D.
The connection of a sewer line from a structure or
facility located on a back sewer unit or portion thereof to a property
lateral or sewer main.
A.
After receiving a betterment assessment roll and determining
its accuracy, a public hearing shall be held before the Council, which
hearing shall be held not less than 10 days after notice of the time
and place thereof has been sent by the Town Clerk by first class mail
to all property owners in the proposed improvement district as shown
on the betterment assessment roll. A similar legal notice shall also
be published in a newspaper of general local circulation not less
than 10 days prior to said public hearing.
B.
At the time and place specified in such notices for
the public hearing, the Council shall meet and hear any person to
be affected by the proposed public improvement. Any person deeming
themselves aggrieved by the assessment roll may file their objections
thereto in writing with the Town Council prior to the close of said
hearing, which written objections shall specify in what respect they
deem themselves aggrieved.
C.
The Council shall meet and review said betterment
assessment roll at the time and place appointed for the public hearing,
or at an adjourned date therefor, and shall consider any written objections
thereto.
D.
The Council may correct said roll as to any assessment
or description of any lot or parcel of land or other errors appearing
therein. Any changes made in such roll shall be noted in the Council's
minutes.
E.
After such hearing and review, the Council may confirm
such betterment assessment roll with such corrections as it may have
made, if any, or may refer it back to the Town Manager for revision.
The Town Clerk shall endorse the date of confirmation upon each such
assessment roll. Upon confirmation of the roll by the Town Council,
the roll shall be final and conclusive.
A.
At the direction of the Town Council, the Town Manager
shall prepare, or cause to be prepared, engineering plans, specifications
and cost estimates consistent with the Town-wide sanitary sewer improvement
program and shall, upon completion, present the same to the Town Council
for its review and action.
B.
The Town Manager shall recommend to the Council the
number of contracts into which each improvement program should be
divided and the time, place and method of receiving competitive bids
on the construction contracts. The Manager shall receive and analyze
all competitive bids and present the results of the bidding process
to the Town Council along with their recommendations relative to the
best bid to consider. The Town Council shall authorize the award of
all construction bids for the public sanitary sewer construction work.
A.
All betterment assessments contained in any betterment
assessment roll, including any part thereof deferred as to payment,
shall from the date of confirmation of such roll, and upon delivery
of the same to the Town Clerk, constitute a lien upon the respective
lots or parcels of land assessed and until paid shall a be charge
against the respective owners of the several lots and parcels of land
and debt to the Town from the persons to whom they are assessed. Such
lien shall be of the same character and effect as the lien created
by the Town Charter for Town taxes, or by other relevant state and
local laws and ordinances, and shall include accrued interest and
penalties. No judgment or decree nor any act of the Council vacating
a betterment assessment shall destroy or impair the lien of the Town
upon the premises assessed for such amount of the assessment as may
be equitably charged against the same or as by a regular mode of proceeding
might be lawfully assessed thereon.
B.
All betterment assessments shall become due upon July
1 subsequent to the confirmation of the betterment assessment roll
or shall be payable in equal annual installments over not less than
10 nor more than 30 years, as determined by the Town Council, upon
a date fixed by the Town Council and shall bear interest from the
date notice of the assessment was delivered to the Town Clerk until
paid at a rate to be fixed at or prior to the assessment by the Town
Council, provided that the whole assessment against any owner or estate
may be paid without interest at any time prior to the due date of
the first installment thereof, and provided further that the whole
unpaid balance of any such assessment, together with interest accrued
thereon to the date of payment, may be paid at any time.
C.
Notwithstanding the foregoing provisions, the Town
Council may provide for the payment of such assessments, together
with such interest, in equal annual installments which include such
assessments and such interest, provided that if any such assessment
is paid in full before the expiration of the full term, there shall
be an equitable adjustment of the interest charge so that interest
will be paid on the unpaid balance of the assessment for the period
up to such payment in full. The Town Council may provide for the payment
of annual installments of assessments and interest hereunder in quarterly
payments which may be combined with normal tax billings.
D.
Prior to or forthwith after delivery to the Town Clerk
of a copy of the betterment assessment roll, the Tax Collector shall
cause notice to be sent to the owner of each estate assessed. The
notice shall substantially identify the estate assessed, state the
amount of the assessment and refer to the remedy available under this
section. The notice shall mailed postpaid and directed to the last
known address of the addressee. If there are owners whose addresses
are unknown, a similar notice covering the assessments against their
estates shall be published in a newspaper of general circulation in
the Town, and such published notice may be a single collective notice
for all such owners.
E.
No irregularity in the notice, either to the assessed
owner or in the newspaper, required by this section shall excuse the
nonpayment of the assessment or affect its validity or any proceedings
for the collection thereof as long as there is substantial compliance
with the provision hereof.
F.
Any person aggrieved by any such assessment may, within
90 days after the mailing or publication of notice to them, file a
petition for relief against the Town in the Superior Court, and said
petition shall be subject to the provisions of § 44-5-29
of the Rhode Island General Laws (as amended). If the Court finds
such assessment invalid in whole or in part, it shall give judgment
reducing the amount thereof or for a refund accordingly. The filing
of such a petition shall not relieve the estate involved from the
lien hereinabove provided for or prevent the assessment becoming due
as provided in this section, but the final judgment of the Court reducing
such assessment in whole or in part shall reduce such lien and the
amount due accordingly. The remedy provided in this subsection shall
be exclusive, and no action or proceeding questioning the validity
of any assessment shall be begun after the expiration of said ninety-day
period.
Notwithstanding the foregoing, the Town Council
may, upon being presented by the Town Manager sufficient information
relative to an inaccurate or inequitable betterment assessment, upon
a three-fifths' vote of the Council, make such alteration or correction
as it determines justifiable to the betterment assessment roll subsequent
to the confirmation of the same. Such action shall be considered at
a regularly scheduled meeting of the Town Council.
A.
If, in the opinion of the Assessor, the Town Manager
and the Council, any person holding property subject to a betterment
assessment is unable to contribute towards the cost thereof by reason
of poverty, payment of such special assessment or any part thereof
may by resolution of the Council be deferred until such time as the
Council deems appropriate under the circumstances. Such deferment
shall cease at the time the person transfers any part or all of their
interest in such property.
B.
While payment of a betterment assessment is deferred,
interest on the amount of said deferment shall accrue and be added
to the principle amount of the betterment assessment.
C.
Deferment of the payment of any betterment assessment
shall not destroy or impair the lien of the Town on the premises so
assessed from the date of confirmation of the betterment assessment
roll as above provided.
D.
In the event that the Council shall by resolution
determine, after notice to the owner of the property for which payment
was deferred, that there has been a material change in the circumstances
on which the deferment was based or that the best interests of the
Town so require, the deferment may be terminated, and all or part
of the deferred payments and accrued interest, if any, shall then
become due and payable.
