§ 24-2-8.1. Acceptance and upgrading of access into highway system in town of Charlestown.
(a) The town of Charlestown shall be permitted to utilize the below listed procedure to
provide for the acceptance and upgrading of highways not yet accepted into the town's
highway system:
(1) Owners of land fronting on an existing means of ingress and egress to their property
which has not been accepted into the town highway system may make application to the
town council for acceptance by the town of the access into the town's highway system.
(2) The application must be signed by seventy-five percent (75%) of the owners of land
with frontage on the access presented for acceptance.
(3) The access presented for acceptance must be connectable to an accepted town highway
or a highway maintained by the state.
(4)(i) Upon receipt of application, the town will obtain an estimate of cost to create from
the access a highway to be accepted by the town into the town highway system.
(ii) The town shall provide the applicants with a copy of the estimate.
(5) To have the access improved or a road constructed by the town the applicants shall
agree by written contract to the following:
(i) To repay the town for the cost of construction or improvement as outlined in the estimate
provided them. Repayment to the town shall not exceed fifteen (15) years and shall
be repaid with interest not to exceed the "prime rate� at the date of contract.
(ii) The percentage of repayment of the total estimate for each landowner shall be based
on the frontage owned by the landowner divided by the total frontage on both sides
of the access.
(iii) The repayment agreement shall be binding on the landowner's heirs and assigns, shall
be recorded on the land records of the town, shall create a tax lien against the land
until fully repaid and shall be collectable on nonpayment under the provisions of
chapter 9 of title 44.
(iv) The landowner shall deed to the town the land necessary for construction or improvement
as the town shall designate.
(v) Upon completion of the obligations of the applicants and the recording of the repayment
contract the town shall contract for the construction or improvements outlined in
the estimate and shall accept the improved highway into the town highway system and
shall be liable for the mending and repairing of the highway.
(vi) The town shall be entitled during construction or improvement of the access into an
acceptable town highway to use those portions of the applying landowner's property
as needed to construct or improve the highway without payment of compensation to the
landowner.
(b) This section shall not be construed to limit the town from exercising any of its rights
under law and is intended only to provide a mechanism to provide landowners with a
means of upgrading access to their property and repaying the town over an agreed period
of time at an agreed interest rate.