[Amended by Ord. No. 90-94]
The basis for sanitary sewer, storm sewer and water main assessments
shall be the assessable linear footage of frontage of each benefited
property within an assessment district, computed as per the following
requirements.
Sanitary sewer, storm sewer and water main and appurtenances
assessable costs:
A.
The front-foot assessment for residential, commercial and industrial
zoned properties shall be based on the equivalent size sanitary sewer,
storm sewer and water main required to serve the respective assessment
district. The assessment rates shall be as determined by the Public
Works Commission and as recommended by the engineering services. The
minimum equivalent diameter size sanitary sewer for residential properties
shall be eight inches and the minimum size for commercial, industrial
or institutional properties shall be 10 inches. Sanitary sewers, storm
sewers and water mains in public rights-of-way and within easements
shall be assessed back to the respective assessment district as directed
by the Common Council.
[Amended by Ord. No. 10-30]
B.
The acreage assessment for residential, commercial and industrial
zoned properties shall be levied, as determined by the Common Council,
to the respective assessment district. The assessment rates shall
be as determined by the Common Council and as recommended by the engineering
services. The minimum equivalent diameter size sanitary sewer for
residential properties shall be eight inches and the minimum size
for commercial, industrial or institutional properties shall be 10
inches. Sanitary sewers, storm sewers and water mains in public rights-of-way
and within easements shall be assessed back to the respective assessment
district, as directed by the Common Council.
[Amended by Ord. No. 10-30]
C.
Assessable sanitary sewer, storm sewer and water main costs shall
include the total costs for manholes and pump stations, force mains
and related appurtenances. Costs involving inspection, engineering,
legal, restoration costs such as pavement repair and landscaping,
and necessary administration costs to complete a project shall also
be assessed back to the respective assessment district.
The assessable linear footage shall be determined as follows.
A.
B.
On lots with frontage on three streets, use the longest and shortest
side and compute as a corner lot.
C.
On lots with frontage on two streets, use frontage on the street
with the service connection only, if the lot cannot be subdivided
into an additional lot or lots complying with the present zoning ordinance.
D.
For lots on culs-de-sac, use the chord dimension at the building
setback line, as measured tangent to the curve at its mid-point, if
said setback line is formed by a curved line.
E.
For lots on curves with an exterior angle over 45° as measured
between the side lot lines of each lot, use the chord dimension at
the building setback line for the inside lots on the curve.
F.
On large tracts of land which are on corners, assume a future corner
lot that complies with the minimum present zoning ordinance and apply
the corner lot policy. The balance of the frontage shall be considered
at full linear footage. Deferment of assessment for large tracts of
land will be reviewed by the Public Works Commission on an individual
basis upon a written request for deferment by the respective property
owner.
G.
All deferments end when connection is made to the facility. When
a sanitary sewer, storm sewer and water main passes a large tract
of land that would be eligible for deferment, the cost of the assessment
for the home site will be assessed for the number of feet that would
be required on the minimum width required by zoning.
H.
Lots which do not meet the above criteria will be handled on an individual
basis; as each special situation is decided, it will become policy
for future decisions of a similar nature.
The assessable acreage shall be determined as follows:
A.
For actual acreage of all parcels within the assessment district,
excluding acreage reserved for road rights-of-way and land zoned in
conservancy.
B.
All deferments end when connection is made to the facility. When
a sanitary sewer, storm sewer and water main passes a large tract
of land that would be eligible for deferment, the cost of the assessment
for the home site will be assessed for the acreage that would be required
on the minimum lot required by zoning.
Sanitary sewer laterals will be assessed back to each respective
property for the entire expense, on a unit or lump-sum basis, when
installed within public rights-of-way or easements. No time payment
will be allowed.
Generally, deferments are allowed in the final resolution of
an assessment project where no connection is desired or available.
All deferments end when a parcel is connected to the facility. However,
the owner of a large residential parcel may elect to pay or begin
paying for the minimum frontage required in the zoning district in
which the parcel is located and defer the remainder for the duration
of the deferment period. Special assessments for sewer improvements
levied upon agricultural lands which are actually devoted to agriculture
or farming purposes and are not used for any other purposes shall
be deferred on the following basis:
A.
If said land is used for other than agricultural or farming purposes
and any use of the improvement is made, the assessment will become
due and payable in full upon the next installment payment date for
said district in which said property lies, as determined by the final
resolution or the first November 1 after said use is made if there
is no installment date in said district, and interest established
by the final resolution shall be charged from the first November 1
after the date of the final resolution. The interest rate will be
that established in the final resolution for deferred assessments,
and if there is no separate rate established for deferred assessments,
it shall be the same as that established for installments, and if
there is none established for either deferred assessments or installments,
it shall be at the rate of 12% per annum. If within five years from
the date of the final resolution a parcel of said land is divided
by certified survey or final subdivision plat, is used for other than
agricultural or farming purposes and any use of the improvement is
made, the Common Council, as its sole option, may negotiate with such
a property owner an agreement by which less than the entire assessment
might be paid when only a portion of the property is used for other
than agricultural or farming purposes and any use of the improvement
is made.
B.
Any assessment deferred pursuant to this resolution may nevertheless
be prepaid upon the same terms as installment assessments are allowed
to be prepaid and as provided for in the final assessment resolution.
[Amended 7-5-2022 by Ord. No. 22-63]
When a developer/landowner extends the sanitary sewer, storm sewer and water main facilities under § 545-8C, the Public Works Director/City Engineer will determine the estimated cost of these facilities to service said parcel requiring the facilities. The cost for the installation beyond what would be required for that parcel (development) will be assessed to all potential benefitted properties by the methods stated in the assessment policy or as established by the final resolution of the project.
When there is a land split or sale of property on which an assessment
exists, the following will apply:
All properties located within the assessment district will be
subject to the police power assessment herein, unless the Common Council
makes a determination that a parcel of real estate receives no police
power determination of benefit. The Common Council shall make benefit
determinations on all properties being assessed prior to the assessment
being levied.
A.
Payment made be made in cash within 60 days after notice of assessment,
with interest at 12% per annum after due date.
B.
Payment may be made in five equal annual installments, if the billing
totals $500 or more, with interest thereon at the rate of 12% per
annum. If the property owner sells or transfers title to said parcel
within said five-year period, any remaining balance due shall immediately
become payable in full upon the date of sale or transfer of ownership.
[Amended 7-5-2022 by Ord. No. 22-63]
The City Clerk shall notify each property owner after the project
has been completed and the assessments have been computed of the amount
of such assessment and the alternative methods of payment and that,
unless the deferred plan is chosen by written notice to the Clerk
within 30 days, the property owner will be considered to have chosen
the cash payment plan.
All moneys received for special assessments for the construction
of sanitary sewers, storm sewers and water mains shall be placed in
the account in a permanent improvement fund.
[Amended 7-5-2022 by Ord. No. 22-63]
Applications for sewer, curb and gutter, and water must be received
by the Public Works Director/City Engineer on or before August 1 of
each year in order to include the work in the financing plan for the
following year.
[Amended 7-5-2022 by Ord. No. 22-63]
Immediately after August 1 of each year, the Public Works Director/City
Engineer shall notify the Public Works Commission of all applications
for sanitary sewer and/or water main extensions, and the Public Works
Commission shall submit its written report to the Common Council as
soon as possible, approving or disapproving each request and setting
forth its reason and the estimated cost of all water main installations
which are to be made in connection with the applications for sanitary
sewer which it approves.
