[Amended 11-17-1987]
A. 
Section 13 of Chapter 270 of the Public Laws of Rhode Island, 1984, authorizes the Town Council to assess a portion of the initial cost of the construction, completion and extension of the Town's sewer system by means of a sewer betterment assessment.
B. 
Improved real estate which has direct access to the sewer system will receive a particular and special benefit upon the completion of the sewer project. The minimum amount of such benefit is hereby determined to be $1,900 per each single-family dwelling so benefited. Real estate which is improved with multifamily dwellings, commercial establishments, industry and nonprofit churches and schools will derive particular and special benefits corresponding to increased occupancy capacity of the structures utilized for such purposes, and may be charged a higher sum, per § 270-58.
C. 
Unimproved lots that front a street or easement or right-of-way with a sewer and are buildable will be assessed $1,900 irrespective of lot size or dimensions.
D. 
In case of multiple adjacent lots of dimensions and area allowed under applicable zoning by the same owner, such owner may consolidate these lots into one “home site” for the purpose of assessment with the elimination of individual lot lines as required by the subdivision regulations of the Town and shall be assessed as one lot. The lot consolidations shall be recorded at the Town Clerk's office prior to the initiation of field construction within the contract areas. However, should a “home site” be divided or redivided by the owner or by transfer of ownership, assessment charges of $1,900 will be imposed on each lot so divided in accordance with the intent of Subsection B. The charges shall be assessed for each subsequently divided lot, as if due from date of the first assessment herein authorized, without interest. However, interest shall accrue from the date of division in accordance with the terms of this chapter.
[Amended 11-17-1987]
A. 
The Town Council hereby levies a sewer assessment with respect to each sewer assessment structure or home site in the Town which is presently not connected into a sewer system. Such assessment shall take effect upon the completion of the requirements of § 270-59.
B. 
The amount of such sewer assessment with respect to each sewer assessment structure or home site shall be the total amount derived from the following table with respect to each separate sewer assessment structure or home site.
(1) 
Residence structure: $1,900.
(2) 
Multifamily residence structure containing two residential units built after July 1, 1985: $1,900.
(3) 
Existing multifamily structures: $1,900.
(4) 
Multifamily residence structure built after July 1, 1985 containing more than two residential units:
(a) 
For the first two units: $1,900.
(b) 
Plus, for each additional unit: $950.
(5) 
Existing commercial structure: $1,900.
(6) 
New commercial structure (up to 10,000 square feet floor area) built after July 1, 1985, per service connection: $1,900.
(7) 
New commercial structure, for each additional 10,000 square feet, or major fraction thereof, of floor area: $1,900.
(8) 
Existing industrial structure: $1,900.
(9) 
New industrial structure (up to 10,000 square feet floor area), per service connection: $1,900.
(10) 
New industrial structure, for each additional 10,000 square feet, or major fraction thereof, of floor area: $1,900.
(11) 
Multiuse structure: The amount charged shall be the sum of the charges for the components, per above subsections.
C. 
Lands abutting lands to sewer lines, where sewers are directly or indirectly connected to sewer lines and are constructed at the expense of a developer or individual land owner, shall be assessed $950 per residential, industrial, or commercial unit. Should a commercial or industrial unit exceed 10,000 square feet the assessment shall be increased by $950 or fraction thereof for each unit of 10,000 square feet of floor area. These charges shall be assessed for all developments and subdivisions within the Town upon their passage of final approval for subdivision from the Planning Board or upon the recording of a deed or other plan dividing said property, whichever shall come first. Any subdivision or developments which have received Planning Board final approval prior to November 11, 1987, shall be excused from the sewer assessment.
A. 
At such time as the authorized agent shall by resolution authorize the sewer assessment, the Superintendent shall certify to the Finance Director a sewer assessment roll of all sewer assessment structures within such area.
B. 
Such assessment roll shall, with respect to each sewer assessment structure or home site lot thereon, name the owner of the estate so assessed, the lot and plat number, the category of sewer assessment structure thereon, and the amount of the sewer assessment thereon.
C. 
The Superintendent's office will prepare the assessment roll for each new addition to the sewer system that is constructed by the Town, or for subdivisions of any estate.
Upon receipt of such sewer assessment roll from the Superintendent, the Finance Director shall endorse the date of delivery thereof and record the same as a public record.
A. 
From the date of delivery to the Finance Director of the sewer assessment roll, the amount of such assessment, including any interest that may accrue thereon, shall constitute a debt payable to the Town by the owner of the sewer assessment structure, or home site so assessed, and a lien upon each sewer assessment structure or home site so assessed on a parity with the lien for Town taxes until paid in full. Such lien shall not be subject to termination under R.I.G.L. § 44-9-1.
B. 
The Finance Director shall have the same power to collect such assessments and interest from the owner of the estates so assessed, whether or not residents of this state, and to enforce such lien against the sewer assessment structure or home site so assessed as he had in the case of Town taxes assessed against residents of this state.
Prior to or forthwith after delivery to the Finance Director of a copy of such sewer assessment roll, the Superintendent shall cause notice to be sent to owner of each sewer assessment structure or home site to which a sewer assessment has been made. Such notice shall be sent as prescribed by Section 13 of the enabling act.
[Amended 11-17-1987]
A. 
Each sewer assessment hereunder shall be payable in equal annual installments for a period of 20 years, the amounts based on the assessed amount, with interest computed utilizing the actual rate of interest on the municipal bonds or notes financing the construction of the sewer system. Installments shall be due in January of each year. In the case of a delinquent payment, an additional interest charge shall be assessed and shall be computed on the amount of the delinquent payment due.
B. 
The whole sewer assessment against any owner or estate may be prepaid without interest any time prior to the due date of the first installment thereof.
C. 
If any sewer assessment which is not so prepaid in full before the expiration of 20 years, there shall be an equitable adjustment of interest charged so that interest will be paid only on the unpaid balance of such assessment for the period up to such payment in full.
D. 
In case of transfer of ownership of any property which had been assessed under the sewer program, the unpaid balance becomes due and payable upon such transfer.
E. 
Any owner of an estate who shall become delinquent in payment of his assessment shall be charged at an additional rate equal to the rate for the delinquent real estate taxes, as per resolution at the Financial Town Meeting, for the annual assessment amount currently due.
F. 
Any person aggrieved by any such assessment may within 30 days after the mailing or publication of notice to him file a petition for relief to the Sewer Appeal Board. If the Board finds such assessment invalid in whole or part, it shall be give judgment within 30 days, 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 Board reducing such assessment in whole or in part shall reduce such lien and the amount due accordingly.
G. 
Any person aggrieved by any such assessment may within 90 days after the mailing or publication of notice to him file a petition for relief against the Town as respondent in the Superior Court, and the Clerk shall thereupon issue a citation to summon the Town, and the petition and said shall be subject to the provisions of R.I.G.L. § 44-5-29. 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 from 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 such assessment shall be begun after the expiration of such ninety-day period.
Connections of existing buildings to the sewer system is not mandated except as provided for under § 207-4B. Connections from the structure to the lateral will be made at the owner's expense.