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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton as Title 3, Ch. 3.36, of the 1979 Code. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
Where special assessments for public improvements or services are to be made against abutting or benefited property, the Village Board shall levy such assessments in accordance with the provisions of §§ 66.0701 and 66.0703, Wis. Stats., except as otherwise provided in this chapter.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
Assessments for sidewalk improvement, construction and repair and curbing may be levied by the Board in accordance with the provisions of §§ 66.0701 and 66.0703, Wis. Stats.
Except as modified by the regulations for the division and platting of land in Title 18, Subdivisions, of this Code, the construction cost of storm sewers is to be prorated. For the purpose of having the cost of storm sewers equitably proportioned between the Village and the property owners, the cost of the same shall be prorated as follows:
A. 
The amount which the owner shall pay shall be based upon the ratio of the area of each owner's "contributing parcel" fronting on or within 500 feet of said improvement to the entire "contribution area" tributary to said improvement.
B. 
A "contributing parcel" shall be defined as:
1. 
A lot within a platted subdivision, the majority of whose area contributes to an abutting street which contains or drains to said improvement; or
2. 
An unplatted parcel of land which fronts on or contributes to a street containing or draining to the said improvement, where:
a. 
The depth shall be defined as 135 feet as measured at right angles to the street line where the drainage area falls away from the street or improvement; or
b. 
The depth shall be defined as the depth of the parcel from the street line or from the improvement, where no street exists, to the rear limits of the contributing drainage area where the drainage area contributes to the said improvement and where no future storm sewer extensions will be made in the parcel's drainage area;
c. 
In Subsection B.2 of this section, where future storm sewer extensions will be made into the drainage area, the depth shall be considered as 135 feet as measured at right angles to the said future improvement.
d. 
The width shall be defined as the width of the contributing parcel which falls within the tributary drainage area of said improvement.
C. 
The "contribution area" shall be defined as the sum of all "contributing parcels," defined above, to be assessed and shall not include street area.
D. 
The cost of said improvement shall be considered to include the storm sewer and all connections and appurtenances thereto.
E. 
The cost of said improvements shall be considered to include an engineering and administration fee of 15%.
F. 
The cost for the services for obtaining assessment bonds for the purpose of paying for this improvement program shall be a part of the cost of this said improvement.
G. 
The cost per square foot to be assessed to the contributing and/or abutting property shall be the ratio of the total cost of the improvement to the total number of square feet in the contribution area.
A. 
Intent. The intent of this policy is to equitably assess the costs of new major sanitary sewer installations and related appurtenances to abutting and/or benefited property.
[Amended by Ord. No. 014, Series 2003]
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
APPURTENANCES
Public installation of facilities necessary to operate a complete sanitary sewer conveyance system, such as (but not limited to) gravity sewer piping, manholes, service laterals extended to the property line, municipal pump stations and force mains.
COSTS
The amount of money expended by the Board of Public Works and/or the Village to design and construct the sanitary sewer and appurtenances.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
ENR INDEX
The "20 cities" construction cost index published by Engineering News Record magazine, a national publication of the construction industry.
INDEX AT BID
The value of the ENR Index at the time of the bid opening for the facilities.
INDEX AT PAYMENT
The value of the ENR Index at the time the facilities are paid for by the property owners.
INTERCEPTOR SEWER
A gravity sanitary sewer 12 inches or larger in diameter.
PRIMARY SERVICE AREA
The limits of an area that can be served or developed as a direct result of the oversized sewer installation and as delineated by the Village Engineer.
C. 
Policy. Unless otherwise agreed between the landowner(s) and the Village, the costs for all sanitary sewers and interceptor sewers and the related appurtenances shall be assessed as follows:
1. 
It being understood that owners of single-family residential properties benefit similarly from the availability of sanitary sewers regardless of the length of front footage of the owners' properties, the single-family residential properties abutting an eight-inch sanitary sewer shall be assessed a fixed cost as calculated by the Village Engineer and approved by the Village Board. Said calculation shall be based upon the ENR Index eight-inch sanitary sewer, constructed at a normal depth and at a standard length. All other properties abutting an eight-inch sanitary sewer shall be assessed at cost not to exceed the ENR Index eight-inch sanitary sewer, constructed at a normal depth. In the event of a mixed-use assessment, involving a combination of single-family residential and other uses, the Village Engineer shall attempt to apportion the sanitary sewer costs in a uniform manner, always considering the policy set forth herein.
[Amended by Ord. No. 012, Series 2005]
2. 
It being understood that owners of single-family residential properties benefit similarly from the availability of sanitary sewers regardless of the length of front footage of the owners' properties, the single-family residential properties abutting the oversized sewer shall be assessed a fixed cost as calculated by the Village Engineer and approved by the Village Board. Said calculation shall be based upon an equivalent eight-inch sewer, at a normal depth and a standard length, if the oversized sewer is or can reasonably be expected to be used by the abutting properties in lieu of an eight-inch collector sewer. All other properties abutting the oversized sewer shall be assessed for the cost of an equivalent eight-inch sewer at a normal depth, if the oversized sewer is or can reasonably be expected to be used by the abutting properties in lieu of an eight-inch collector sewer. In the event of a mixed-use assessment, involving single-family residential uses and other uses, the Village Engineer shall attempt to apportion the sanitary sewer costs in a uniform manner, always considering the policy set forth herein.
[Amended by Ord. No. 014, Series 2003; Ord. No. 012, Series 2005]
3. 
The costs of an oversized sanitary sewer not assessed as an equivalent eight-inch sewer shall be prorated among the properties in the service area, based upon gross acres in the service area. In no case shall the prorated costs (not otherwise assessed as an equivalent eight-inch sewer) exceed the "cap" figure per acre as established annually.
4. 
In some instances, ten-inch sanitary sewer may be required, at the discretion of the Department of Public Works. In these cases, the developer shall be reimbursed the over-sizing cost of materials by the Department.
5. 
Interceptor special assessments will not apply, per se, to areas outside the Village limits. Interceptor costs will, however, be recovered by the Village per existing code language which includes provision for collection of a connection fee prior to annexation. The "connection fee" or "right to connect" fee will be determined per interceptor special assessment methods outlined herein.
6. 
Project service areas shall be as delineated by the Village Engineer and approved by the Village Board. In general, delineation of service area will be serviceability rather than land use, either ultimate or proposed.
7. 
The assessment cost of an eight-inch sanitary sewer shall be established annually by the Village Engineer.
[Amended by Ord. No. 014, Series 2003]
8. 
The limitations on length of sewer to be assessed, set forth in Subsection C.1 and 2 above shall only apply to single-family residential lots within the Village or to be annexed to the Village that were created prior to January 2004.
[Amended by Ord. No. 012, Series 2005]
D. 
Timing of fee collection.
1. 
Any area or parcels already within the Village limits that are benefited from the installation of the interceptor sewer and appurtenances will be required to pay the applicable special assessment at the time of final plat approval.
2. 
Connection fees are normally collected prior to or at the time of annexation to the Village. At Village Board discretion, collection of these fees may be commuted to the time of official zoning adoption by the Village Board for the annexed land.
E. 
Fee updating.
1. 
The area-wide interceptor assessment figure per acre shall be adjusted annually by adding interest at one point above the average rate at which money was borrowed or otherwise applied at the time of project's payment. In no case shall the assessment cost per acre in any year be less than the original per acre assessment.
2. 
The assessment cost of an equivalent eight-inch sewer shall be updated annually in accordance with current costs for normal eight-inch sewer construction, as determined by the Village Engineer, utilizing the ENR Index.
[Amended by Ord. No. 014, Series 2003]
3. 
The 1989 assessment cap shall be established at $1,500 per acre. This cap figure will also be updated annually in accordance with ENR indexing methods and as adopted by the Village Board.
[Amended by Ord. No. A-525-89, 1989]
A. 
Intent. The intent of this policy is to equitably assess the costs of new major water main installations and related appurtenances to abutting and/or benefited property.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
APPURTENANCES
Public installation of facilities necessary to operate a complete water main conveyance system, such as (but not limited to), main piping, manholes, hydrants, and service laterals extended to the property line.
COSTS
The amount of money expended by the Board of Public Works and/or the Village to design and construct the water main and appurtenances.
ENR INDEX
The "20 cities" construction cost index published by Engineering News Record magazine, a national publication of the construction industry.
INDEX AT BID
The value of the ENR Index at the time of the bid opening for the facilities.
INDEX AT PAYMENT
The value of the ENR Index at the time the facilities are paid for by the property owners.
C. 
Policy. Unless otherwise agreed between landowner(s) and the Village, the costs for all water mains and the related appurtenances shall be assessed as follows:
1. 
The properties abutting an eight-inch water main shall be assessed for the cost not to exceed the ENR Index eight-inch water main, constructed at a normal depth.
[Amended by Ord. No. 012, Series 2005; Ord. No. 018, Series 2008]
2. 
The properties abutting a larger than eight-inch water main shall be assessed for the cost not to exceed the equivalent eight-inch water main, at a normal depth, utilizing the ENR Index. The cost of an equivalent eight-inch water main shall be established annually by the Village Engineer.
[Amended by Ord. No. 012, Series 2005; Ord. No. 018, Series 2008]
3. 
In some instances, a greater than eight-inch water main may be required at the discretion of the Utility Director. In these cases, the developer shall be responsible for all water main costs up to and including typical twelve-inch sizing. Where water main above twelve-inch sizing is required by the Utility Director, the developer shall be reimbursed the over-sizing cost of materials by the Utility and as determined by the Village Engineer.
[Amended by Ord. No. 007, Series 2005; Ord. No. 018, Series 2008]
4. 
The assessment cost of an eight-inch water main shall be established annually by the Village Engineer.
D. 
Timing of fee collection.
1. 
Any area or parcels already within the Village limits that are benefited from the new installation of the water main and appurtenances will be required to pay the applicable special assessment upon completion of the installation.
2. 
Connection fees are normally collected prior to or at the time of annexation to the Village. At Village Board discretion, collection of these fees may be commuted to the time of official zoning adoption by the Village Board for the annexed land.
E. 
Fee updating. The assessment cost of an equivalent eight-inch water main shall be updated annually in accordance with current costs for normal eight-inch water main construction as determined by the Village Engineer utilizing the ENR Index.
[Amended by Ord. No. 014, Series 2003]
A. 
New construction. The entire cost of new street, curb and gutter, and sidewalk construction shall be assessed to the abutting property owners on a front-foot basis, as follows:
[Amended by Ord. No. 014, Series 2003; Ord. No. 016, Series 2003]
1. 
The assessable front footage shall be the actual lot width at the minimum building setback line. In districts with no minimum required setback line, the assessable front footage shall be the actual lot width measured at a depth equal to 1/4 of the actual average lot depth.
2. 
In the case of corner lots, the front footage shall be calculated as in Subsection A.1 above for improvements on the front yard side of the lot. The side yard shall be assessed at 50% of the side yard frontage, provided the side yard frontage does not exceed 150 feet. If the side yard exceeds 150 feet, that portion in excess of 150 feet shall be assessed in the same manner as front yard frontage. On properties in commercial, industrial or PID zoned districts, the side yard frontage shall be assessed at 100%, irrespective of length.
3. 
For unplatted parcels, the assessable front footage shall be the actual frontage of the parcel along the street being improved.
4. 
The quantity of new pavement which shall be assessed shall be limited to an area of 16 square feet per front foot. The intent of this provision is that the amount of new street assessed shall be limited to a width of 36 feet, measured at the face of curb.
5. 
New concrete driveway construction shall be assessed 100% to the benefiting property.
6. 
New streetlighting shall be assessed at 100% by dividing the entire cost of streetlight installation by the total assessable front footage of the street being constructed.
7. 
Clearing, grubbing, grading, cut, fill, milling, grinding, base course, landscaping and other items incidental to the construction of street shall be included in the cost of street construction.
8. 
Policy. The costs for all street, curb and gutter, and streetlighting assessments shall be assessed as follows:
a. 
The properties abutting the improvements shall be assessed for the cost not to exceed the ENR Index for improvement constructed consistent with Subsection A.4.
b. 
The assessment cost shall be established annually by the Village Engineer.
B. 
For the purposes of this section, the upgrading of existing rural-type roadways shall be assessed in the same manner as new street construction. Rural-type roadways are defined as those which do not have curb and gutter or are less than the minimum width specified in § 18.20.070 of the Code.
C. 
When calculating improvement costs, the actual costs of legal, engineering, inspection and construction management shall be included.
A. 
The Village Board may establish drainage districts for the purpose of assessing the cost of regional stormwater facilities, including retention ponds, channels or structures which have the purpose of controlling the quantity or quality of stormwater discharge from more than one parcel of land. The drainage district shall encompass the entire land area which will, when developed, drain into the improvement being constructed.
B. 
When drainage districts are established, the Village Engineer shall determine the area of each parcel in the district, and any assessment for improvements shall be made on the basis of proportional area. In the event that there are significant differences in the impervious areas of properties in the district, the Board may make assessments on the basis of proportional impervious area. In such cases, the impervious area of undeveloped parcels shall be calculated based on the estimated area under fully developed conditions. The impervious area of all single-family residential lots shall be assumed to be 3,400 square feet.
C. 
No parcel shall be assessed for regional drainage improvements more than once; however, multiple improvements may be included in one assessment.
[Amended by Ord. No. 036, Series 1994]
A. 
Intent. The intent of this section is to equitably assess the costs of regional watershed improvements by specially assessing the costs of those improvements benefiting property owners in accordance with this section.
1. 
When the Village Board determines that a proposed watershed improvement confers a special benefit upon a limited and determinable area and is, therefore, subject to a special assessment levied in accordance with the provisions of §§ 66.0701 and 66.0703, Wis. Stats., and § 3.36.010 of this chapter, including assessment of all costs and expenses outlined therein, the Village shall determine the amount of the applicable special assessment for each parcel in the area benefited by the improvement utilizing the proportional area method as required by § 3.36.060 of this chapter.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
2. 
Except as otherwise provided herein, the owner of any property benefiting from the watershed improvement project and which property is located within the corporate limits of the Village of Grafton shall pay 50% of the special assessment calculated under Subsection A.1 of this section and which is attributable to the owner's property. No assessment shall be levied against parcels which were in the Village and fully developed on May 18, 1998, unless said parcels were subject to compliance with the provisions of an approved stormwater management plan.
[Amended by Ord. No. 003, Series 2001]
3. 
The Village, in calculating the special assessments under Subsection A.1 of this section, shall calculate any special assessable amounts that are attributable to parcels of land which are benefited by the watershed improvement but which lie outside of the corporate limits of the Village of Grafton and which are, therefore, beyond the Village's special assessment powers. The Village shall place any special assessable amounts which are attributable to properties lying outside the Village and which assessments remain after application of any funding grants as provided for herein on the Village's general property tax levy. In the event said property owner seeks to annex the parcel of property into the Village, the Village shall receive as an annexation fee, prior to annexation, an amount equal to the special assessment as calculated plus interest thereon at the annual rate of 8% per annum.
4. 
In the event that the watershed improvement project qualifies for any funding through a state or federal grant or similar funding source and the Village actually receives said funds, the Village shall apply those funds on a pro rata basis to the fifty-percent portion of the special assessment that is the property owner's responsibility under this policy. The pro rata reduction shall apply to special assessments actually levied against properties located in the Village and the amount that would have been specially assessed against properties benefited by the improvement but which are located outside the Village's corporate limits and, therefore, not subject to special assessment by the Village.
5. 
The Village shall exercise its best efforts to coordinate work to be performed in connection with the watershed improvement project and the levy of any special assessment with any other municipality having jurisdiction over properties located in the contributing watershed which are benefited by the watershed improvement.
[Amended by Ord. No. 004, Series 1995]