(a)  Subject to approval of the Rhode Island department of environmental management, where required by law or regulation, and where appropriate, to the approval of such other state and federal agencies having jurisdiction over the subject matter, the town of Middletown, is authorized and empowered to design, plan, permit, layout and construct, maintain and operate a stormwater control system facility inclusive, but not limited to, pipes, connections, catch basins, manholes, retention and/or detention basins, water quality ponds, swales, channels, pumps, holding tanks and such other facilities as may be reasonably necessary for the collection, treatment, storage and disposal of stormwater and for such purposes to take by eminent domain or otherwise acquire any lands, rights-of-way, or easements, public or private in said town necessary for accomplishing the purposes set forth in this chapter.

Terms Used In Rhode Island General Laws 45-63-2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
  • town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  The design, permit, layout and construction of said stormwater control system shall be vested in the town council, subject to approval of the Rhode Island department of environmental management. The members of the town council and their duly authorized agents may enter upon property within the town to examine, inspect and survey same whenever necessary for the performance of their duties hereunder.

History of Section.
P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1; P.L. 2009, ch. 310, § 71.