[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 3, Ch. 2,
of the 2000 Code]
B.
Resolution. Whenever the Village Board shall determine that any public
work or improvement shall be financed in whole or in part by special
assessments levied under this article, it shall adopt a resolution
setting forth such intention and the time, either before or after
completion of the work or improvement, when the amount of such assessments
shall be determined and levied, the number of annual installments,
if any, in which such assessments may be paid, the rate of interest
to be charged on the unpaid balance and the terms on which any of
such assessments may be deferred while no use of the improvement is
made in connection with the property.[2]
C.
State law. The provisions of § 66.0703, Wis. Stats., shall
apply to special assessments levied under this article, except that
when the Village Board determines by resolution, as provided hereinabove,
that the hearing on such assessments shall be held subsequent to the
completion of the work or improvement, the report required by § 66.0703(5),
Wis. Stats., may contain a statement of the final cost of the work
or improvement in lieu of an estimate of such cost.[3]
D.
Notice of hearing. Upon filing a copy of said report, the Village
Clerk-Treasurer shall prepare a notice of hearing, which notice shall
comply with § 66.0703(7), Wis. Stats. Such notice shall
be signed by the Village Clerk-Treasurer, who shall cause the same
to be published at least once in the official newspaper and shall
mail a copy of such notice at least 10 days before the hearing or
proceeding to every interested person whose post office address is
known or can be ascertained with reasonable diligence.
E.
Lien. Any special assessment levied under this article shall be a
lien against the property assessed from the date of the final resolution
of the Village Board deeming the amount of such levy.
F.
Deferred assessments.
(1)
In the interest of the public health, welfare and safety, it is often
necessary to construct certain public improvements in areas which
are undeveloped. In such cases, it results that payment for such improvements
should be delayed until such time as the area benefitted is ultimately
developed.
(2)
Where such condition is found, the Village Board may defer the due
date of any special assessment levied on such terms and in such manner
as prescribed by the Board while no use of the improvement is made
in connection with the property. Such special assessment must be paid,
however, within 10 years of the date of the final resolution making
the levy, unless the Board permits additional time by allowing payment
of the assessment in installments, in which case the assessment shall
be paid within the time prescribed by the resolution permitting the
installment payments.
(3)
If the Board defers the due date of special assessments under this
section, it may make an annual interest charge not to exceed 10% of
the total deferred assessment, which charge shall be added to the
total assessment for each full year (or prorated portion thereof)
of deferment.
(4)
Any special assessment deferred under this section shall be a lien
against the property assessed from the date of the resolution making
the levy. Whenever the due date of a special assessment shall be deferred
under this section, a notice shall be sent to each interested person
whose post office address is known, or can with reasonable diligence
be ascertained, substantially as follows:
|
DEFERRED ASSESSMENT NOTICE
| |
|---|---|
|
Notice is hereby given that the special assessments for the
improvements of (describe the improvement) have been determined as
to your parcel of real estate which is affected thereby, and a statement
of the same is on file with the Village Clerk-Treasurer. It is proposed
to defer payment of the same on the following terms: (here insert
interest per annum, period of deferment, whether installments are
permissible following termination of deferment, etc.).
|
G.
Special assessments; payment in installments.
(1)
Whenever any special assessments shall be levied to defray the cost
of any public improvement, such special assessments may be paid in
annual installments of not more than 10 in number, as determined by
the Village Board.
(2)
The first installment shall include a proportionate part of the principal
of the special assessment determined by the number of installments,
together with interest, at a specified rate not to exceed 12% per
annum. Said interest rate shall be computed for a period of one year
from the date of the notice herein provided for, and each subsequent
installment shall include a like proportion of the principal and one
year's interest upon the unpaid portion of such assessment.
(3)
The first installment shall be entered in the first tax roll prepared
after said installments shall have been determined as a special tax
on the property upon which the special assessment was levied, and
thereafter this tax shall be treated in all respects as any other
municipal tax. One of the subsequent installments shall be entered
in a like manner and with like effect in each of the annual tax rolls
thereafter, until all are levied.
H.
Statutory provisions. The provisions of §§ 66.0703(12)
and 66.0701(2), Wis. Stats., relating to appeal shall apply to any
special assessment under this article.
A.
Request in writing.
(1)
Any person desiring the extension of the sanitary sewer system to
service property owned by him shall file a written request therefor
with the Village Clerk-Treasurer stating the location and length of
the requested extension and the names of the owners of real estate
along which such extensions shall extend.
(2)
A sanitary sewer main extension may also be initiated by action of
the Village Board.
B.
Procedures. When an extension of a sewer main is approved, the Board may levy special assessments against the benefitted property following the procedures outlined in § 52-19 of this article and the cost schedules set forth below.
C.
Sewers and manholes.
[Amended 2-3-2014 by Ord.
No. 2014-02[1]]
(1)
The total cost of sewers and manholes shall be funded by the Village
Sewer Utility.
(2)
The Village Sewer Utility shall pay for the crossing of road intersections.
This subsection shall not apply to extension of sewer mains in new
subdivisions.
(3)
The property owner shall pay for the laterals serving his property.
The expense of laying service pipe from the main to the property line
and of connecting such service pipe to the main shall be charged also
to the property owner.
(4)
The Village Sewer Utility shall pay for lift stations and force mains.
This subsection shall not apply to lift stations and/or force mains
in new subdivisions or new service areas.
(5)
Any property owner petitioning for a sewer extension may be required
to pay all special assessments in full for intervening properties.
This payment is to be made before construction starts. The amount
paid will be refunded to the petitioner as the special assessments
are paid by the intervening (benefitted) property owners. Any interest
paid on said assessments shall also be refunded to the petitioner.
(7)
Any property owner who has filed a written request, as of the date
of passage of this article, for the extension of the sanitary sewer
system shall pay the sewer connection charges in existence as of the
date of his request for such extension.
(8)
Property owners developing a property shall extend sanitary sewer
facilities to the property lines if, at the time of application for
a building permit, sewer facilities will become available to an adjacent
property within a period of 10 years as determined by the Director
of Public Works.
[Added 8-19-2019 by Ord.
No. 2019-10]
(9)
Property owners shall extend water supply facilities to the limits
of the property lines if, at the time of application for a building
permit, water supply facilities will become available to an adjacent
property within a period of 10 years as determined by the Director
of Public Works.
[Added 8-19-2019 by Ord.
No. 2019-10]
[Amended 2-3-2014 by Ord.
No. 2014-02; 6-15-2015 by Ord. No. 2015-02]
A.
Request in writing.
(1)
Any person desiring the extension of the water system to service
property owned by him shall file a written request therefor with the
Village Clerk-Treasurer stating the location and length of the requested
extension and names of the owners of real estate along which such
extensions shall extend.
(2)
A water main extension may also be initiated by action of the Village
Board.
(3)
When an extension of a water main is approved, the Board may levy special assessments against the benefitted property following the procedures outlined in § 52-19 of this article and the cost schedules set forth below.
(4)
Where the cost of the extension is to immediately be collected through
special assessment by the Village against the abutting property, § 66.0703,
Wis. Stats., will apply, and no additional customer contribution to
the Utility will be required.
(5)
Where the Village is unwilling or unable to make a special assessment,
the extension will be made on a customer-financed basis as follows:
(a)
The applicant(s) will advance as a contribution in aid of construction the total amount equivalent to that which would have been assessed to the property under Subsection A(4).
(b)
Part of the contribution required in Subsection A(5)(a) will be refundable. When additional customers are connected to the extended main within 10 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A(4) for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contribution received from additional customers exceed the amount which would have been required under Subsection A(4), nor will it exceed the total assessable cost of the original extension.
(6)
When a customer connects to a transmission main or connecting loop installed at the Utility's expense within 10 years of the date of completion, there will be a contribution required of an amount equivalent to that which would have been assessed under Subsection A(4).
(7)
Subdivision
developers shall be responsible, where the main extension has been
approved by the Utility, for the water service lateral installation
costs from the main through the curb stop box. When the cost of a
utility main extension is to be collected through special assessment
by the municipality, the actual average water lateral installation
costs from the main through the curb stop box shall be included in
the special assessment of the development or an assessable utility
extension will be installed from the main through the curb stop box
by the Utility, for which the actual cost will be charged.
(8)
Application
for installation of water mains in regularly platted real estate development
subdivisions shall be filed with the Utility. If the developer, or
a contractor employed by the developer, is to install the water main
(with the approval of the Utility), the developer shall be required
to advance to the Utility, prior to beginning of the construction,
the total estimated cost of the extension. If final costs exceed estimated
costs, an additional billing will be made for the balance of cost
due. This balance is to be paid within 30 days. If final costs are
less than estimated, a refund of the overpayment will be made by the
Water Utility.
B.
Water improvements.
(1)
The total cost of replacement water mains, lines, valves, services
and laterals, including the curb stop, shall be funded through the
Village Water Utility. The cost of replacement laterals or services
from the curb stop to the building shall be paid for by the property
owner. This subsection shall not apply to water mains in new subdivisions
or new service areas.
(2)
Hydrants and leads shall be paid by the Village Water Utility. This
subsection shall not apply to hydrants and leads in new subdivisions.
(3)
New water main valves shall be included in the assessment.
(4)
The Village Water Utility shall pay for all water mains and valves
in street intersections. This subsection shall not apply to mains
or valves in new subdivisions.
(5)
Any property owner petitioning for a water extension may be required
to pay all special assessments in full for intervening properties.
This payment is to be made before construction starts. The amount
paid will be refunded to the petitioner as the special assessments
are paid by the intervening (benefitted) property owners. Any interest
paid on said assessments shall also be refunded to the petitioner.
All storm sewer costs shall be paid by the Village except as otherwise provided in this Code of Ordinances. All storm sewer costs in new developments shall be paid by the developer pursuant to Chapter 495, Subdivision of Land.
The Village shall pay for all the costs associated with the
repair and/or replacement of hard surface pavement on existing streets.
A.
New streets shall be graded to full width and the roadway graded
to subgrade width of 36 feet and surfaced with gravel at least 10
inches thick and 32 feet wide and spread in accordance with state
highway specifications. All new streets shall have, as a minimum,
oil seal coating or a three-inch asphalt mat.
B.
Ditch slopes, cut and fill slopes, and curb and gutter, where necessary
and required by the Village Board, shall be done in an approved manner
as required by the Village Board. The cost of such improvement shall
be assessable to the property frontage on each side of the street.
The Village, however, shall pay for intersections.
[Amended 12-21-2020 by Ord. No. 2020-15]
A.
The property shall be assessed for the total cost to property frontage
for new curb and gutter which is not being replaced.
B.
The Village shall pay for curb and gutter that is located in the
intersection.
C.
Curb and gutter that is replaced, including necessary grading work
and bedding gravel, shall be assessed 50% to the property owner over
the entire property frontage, and the Village shall pay the other
50%.
D.
Corner properties shall only be assessed under Subsections (A) and
(C) for the frontage on the address-fronting side.
A.
Sidewalks which are new and not being replaced shall be paid for by the Village with the exception of sidewalks in new subdivisions. Sidewalks in new subdivisions shall be installed by the developer pursuant to Chapter 495, Subdivision of Land, of this Code.
B.
The Village shall pay for sidewalks located in street intersections.
This subsection shall not apply to new sidewalks in new subdivisions.
C.
Sidewalk repair and/or replacement shall be paid 50% by the abutting
property owner and the Village shall pay the other 50% unless the
owner causes need for repairs.
Driveway approaches, including necessary grading work and bedding
gravel, shall be assessed to the property owner at full cost.
In accordance with § 66.0627, Wis. Stats., and in
addition to any other method provided by law, special charges for
current services may be imposed by the Village Board by allocating
all or part of the cost of the service to the property served. Services
within the scope of this section shall include but not be limited
to those enumerated in § 66.0627(1)(c), Wis. Stats. The
Village Board shall determine the manner of providing notice of a
special charge, subject to the requirements of § 66.0627(3)(b),
Wis. Stats.
