[Ord. No. 707, § I, 3-18-2003]
The purpose of this chapter is to provide payment for the construction,
reconstruction, improvement and preservation of public improvements
including but not limited to, streets, curbs and gutters; sewer and
water mains; and sidewalks and driveway approaches in the Village
by the levy of special assessments therefore upon various classes
of real estate, in a fair and equitable manner, through the application
of a variety of formulas.
[Ord. No. 707, § I, 3-18-2003]
(a)
Authority to levy. Pursuant to the provisions of W.S.A., § 66.0701
thru 66.0733, in addition to other methods provided by law, special
assessments for any public work or improvement may be levied in accordance
with the provisions of this chapter.
(b)
Determination and levy. Whenever the Village Board shall determine
that a public work or improvement shall be financed in whole or in
part by special assessments levied under this chapter, it shall adopt
a resolution specifying this intention and the time, either before
or after completion of the work or improvement, when the amount of
the assessment will be determined and levied, the number of annual
installments, if any, in which assessments may be paid, the rate of
interest to be charged on the unpaid balance and the terms on which
any of the assessments may be deferred while no use of the improvement
is made in connection with the property.
(c)
Hearing. The provisions of W.S.A., § 66.0703, shall apply
to special assessments levied under this chapter except that, when
the Village Board determines by resolution that the hearing on the
assessments be held subsequent to the completion of the work or improvement,
or the rendering of the service, the report required by W.S.A., § 66.0703(5)
shall contain a statement of the final cost of the work, service or
improvement in lieu of an estimate of cost.
(d)
Notice of hearing. Notice of the time and place of the public hearing
on any special assessment proposed to be levied and notice of the
final assessment and terms of payment thereof shall be given in the
manner prescribed by W.S.A., § 66.0703(7) and (8).
(e)
Lien. Any special assessment levied under this chapter shall be a
lien against the property assessed from the date of the final resolution
of the Village Board determining the amount of the levy.
(f)
Appeal. Any person against whose property a special assessment is
levied under this chapter may appeal therefrom in the manner prescribed
by W.S.A., § 66.0703(12), within 90 days of the date of
the final determination of the Village Board.
[Ord. No. 707, § I, 3-18-2003]
Except as otherwise provided in this chapter, W.S.A., §§ 66.0701
through 66.0733, shall be followed in levying special assessments
and imposing special charges for the cost of installing or constructing
any public work or improvement by the Village, and such statutes are
adopted by reference and made a part of this chapter. In addition,
when applicable, the following statutes shall be followed in levying
special assessments and imposing special charges for the cost of installing
or constructing any public work or improvement by the Village, and
such statutes are adopted by reference and made a part of this chapter:
Wis. Stats. § 66.1109 Business improvements districts.
Wis. Stats. § 66.0907 Sidewalks.
Wis. Stats. § 66.0911 Laterals and service pipes.
[Ord. No. 707, § I, 3-18-2003]
(a)
The cost of installing or constructing any public work or improvement
by the Village may be charged under this chapter, in whole or in part,
to the property benefited by such work or improvement, and the Village
Board may make assessment against such benefited property in the manner
provided by law.
(b)
As a complete alternative to all other methods provided by law, the
Village may, by resolution, levy and collect special assessments under
its police powers.
(c)
The assessments may be made after the completion of the work or improvement.
Where the special assessment will be determined after the completion
of the work or improvement, the following procedures shall apply:
(1)
Prior to the exercise of any powers conferred by this chapter and
prior to the completion of the work or improvement, the Village Board
shall declare by preliminary resolution its intention to exercise
such powers for a stated municipal purpose. The resolution shall describe
generally the contemplated purpose, the limits of the proposed assessment
district, the number of installments in which the special assessments
may be paid, or that the number of installments will be determined
at the hearing required in this chapter, and direct the proper Village
officer or employee to make a report thereon. The resolution may limit
the proportion of the cost to be assessed.
(2)
The report required by Subsection (c)(1) of this section shall be
made after completion of the work or improvement and shall consist
of:
[Ord. No. 707, § I, 3-18-2003]
The cost of any work or improvement to be paid, in whole or
in part, by special assessment on property may include the direct
and indirect cost, the resulting damages, the interest on bonds or
notes issued in anticipation of the collection of the assessments,
a reasonable charge for the service of the administrative staff of
the Village and the cost of any architectural, engineering and legal
services, and any other items of direct or indirect cost which may
reasonably be attributed to the proposed work or improvement. The
amount to be assessed against all property for any such proposed work
or improvement shall be apportioned among the individual parcels in
the manner designated by the Village Board. The amount assessed against
any property for any work or improvement which does not represent
an exercise of the police power shall not exceed the value of the
benefits accruing to the property therefrom, and for those representing
an exercise of the police power, the assessment shall be upon a reasonable
basis as determined by the Village Board.
[Ord. No. 707, § I, 3-18-2003]
No assessment for sanitary sewer, storm sewer or water main shall be levied against a parcel of land already served with sanitary sewer, storm sewer or water main, unless such parcel of land may be divided or subdivided in accordance with the zoning chapter (Chapter 100) or the subdivision chapter (Chapter 45) in which case the assessment shall be computed according to the potential new lots which may be created.
[Ord. No. 707, § I, 3-18-2003]
(a)
Assessments for sanitary sewer main extensions shall be levied as
follows:
(1)
Residential. In areas of existing residential development or areas
zoned for residential land uses assessments for sanitary sewer main
extensions not exceeding eight inches in diameter shall be levied
upon properties benefited by such improvements.
(2)
Commercial, industrial or institutional. In areas of existing commercial,
industrial or institutional development or areas zoned for such land
uses, assessments for sanitary sewer main extensions not exceeding
12 inches in diameter shall be levied upon properties benefited by
such improvements.
(3)
Except as provided in Subsection (b) of this section, where sanitary
sewer main extensions are larger than the diameters specified in paragraphs
(1) or (2) of this subsection, the Village will assume the difference
between the estimated cost of installing a sanitary sewer of the diameter
specified in paragraph (1) or (2) of this subsection and the actual
cost of installing sanitary sewer extensions of greater diameter,
and the properties benefited by such improvements shall be assessed
on the basis of the estimated cost of installing a sanitary sewer
main of the diameter specified in paragraph (1) or (2) of this subsection.
[Ord. No. 707, § I, 3-18-2003]
(a)
Assessments for water main extensions shall be levied as follows:
(1)
Residential. In areas of existing residential development or areas
zoned for residential land uses assessments for water main extensions
not exceeding eight inches in diameter shall be levied upon properties
benefited by such improvements.
(2)
Commercial, industrial or institutional. In areas of existing commercial,
industrial or institutional development areas zoned for such land
uses assessments for water main extensions not exceeding 12 inches
in diameter shall be levied upon properties benefited by such improvements.
(3)
Except as provided in Subsection (b) of this section, where water
main extensions are larger than in the diameters specified in paragraphs
(1) or (2) of this subsection, the Village will assume the difference
between the estimated cost of installing a water main of the diameter
specified in paragraph (1) or (2) of this subsection and the actual
cost of installing water main extensions of greater diameter, and
the properties benefited by such improvements shall be assessed on
the basis of the estimated cost of installing a water main of the
diameter specified in paragraph (1) or (2) of this subsection.
[Ord. No. 707, § I, 3-18-2003]
Assessments upon property in a limited and determinable area
for special benefits conferred upon such property by new street, road
and/or alley construction shall be levied upon properties benefited
by such work or improvements, and each parcel of land may be entitled
to such deduction or exemption, if any, as the Village Board may determine
to be reasonable and just under the circumstances in each case and
consistent with the policy set out in the special assessment report
adopted by the Village Board as part of the particular special assessment.
[Ord. No. 707, § I, 3-18-2003]
A parcel of land against which has been levied a special assessment
for sanitary sewer or water main, laid in one of the streets upon
which it abuts, shall be entitled to such deduction or exemption as
the Village Board determines to be reasonable and just under the circumstances
of each case, when a special assessment is levied for sanitary sewer
or water main laid in the other street upon which such corner lot
abuts. The Village Board may allow a similar deduction or exemption
from special assessments levied for any other public improvement on
such corner lot.
[Ord. No. 707, § I, 3-18-2003]
(a)
Special assessments. Assessments for all laterals and service pipes,
including those for sanitary sewer, water and storm sewer, shall be
levied upon properties benefited by such improvements, and shall provide
for the payment of all of the cost of the work or improvement.
(b)
Construction and size. Water laterals and sanitary sewer laterals
shall be constructed from the lot line or near the lot line to the
main. No water lateral shall be less than one inch in diameter, and
no sanitary sewer lateral shall be less than six inches in diameter.
(c)
Risers. Risers for sanitary sewer laterals shall be considered a
part of the sewer main.
[Ord. No. 707, § I, 3-18-2003]
(a)
Assessment notice. Upon completion of the work or improvement for which a special assessment is levied and upon certification by the Village manager or designee that such work or improvement has been completed, the Village Clerk-Treasurer shall bill the property owner by invoice for the full amount of the assessment. Such invoice shall notify the owner that he or she may elect within 30 days of the date of the invoice to pay such amount in full without interest or to pay by installments with interest as provided in Subsection (c) of this section.
(b)
Cash payment. Payment of the assessment shall be made to the Village
Clerk-Treasurer on or before the expiration of 30 days from the date
of the assessment notice, without interest. If the amount is not paid
within 30 days, and the taxpayer does not notify the Village, the
full amount of the assessment shall be placed on the tax roll in 10
equal installments, one-tenth each year, plus interest on the unpaid
balance.
(c)
Installment payment. If the property owner should so elect, payment
of the full assessment may be made in installments according to the
installment plan set out in the special assessment report adopted
by the Village Board. On the installment plan, the full principal
amount of the assessment shall be paid in equal annual installments,
plus the interest on the unpaid balance. The first installment shall
be due and payable at the same date that real estate taxes are due
and payable for the current year. The first installment shall include
the interest commencing with the date shown on the assessment notice.
The remaining annual installments shall be due and payable at the
same date that real estate taxes are due and payable for each successive
year thereafter. Each remaining installment shall include the interest
on the unpaid balance to the year of payment.
(d)
Prepayment. If the property owner should so elect, payment in full
of the unpaid balance with interest to date of payment, may be paid
at any time before the final installment becomes due.
(e)
Interest. Interest shall be 1% over the initial borrowing cost of
the Village to finance the project.
(f)
Customer contributions.
(1)
Advance contributions. Where the Village Board has determined
that the density of prospective customers does not warrant immediate
assessment for water mains, sanitary sewer mains and storm sewer mains,
the total cost of the extension will be determined and the total cost
will be divided among the applicants for the extension and collected
from them in advance as contributions for the extension.
(2)
Reimbursement. As additional customers outside of the property
for which the total cost of extension has been collected are connected
to a water main, sanitary sewer main or storm sewer main originally
paid for by the applicant's contributions, the Village will require,
as a condition of service that each additional customer pay to the
Village an amount equal to the special assessment he or she would
have paid at the time of the installation. Such amounts will be retained
by the Village and distributed periodically, when sufficient in amount
to warrant distribution, to the then current owners of the property
which was subject to the original customer contribution on a pro rata
basis. As an alternative to the distribution method specified in the
preceding sentence, the owner of the property subject to the original
customer contribution may, by agreement with the Village at the time
of the original customer contribution, designate the persons to whom
the distribution will be made, subject to the terms specified by the
Village in the agreement. No reimbursement under this subsection shall
be collected or paid to contributing customers after 10 years from
the installation of the extension provided for in Subsection (f)(1)
of this section, nor shall any reimbursement be made in excess of
the amount contributed.
(3)
Alternative. As a complete alternative to the procedure set
forth above, the Village may proceed under W.S.A., § 66.0821(2)(a)(2).
(g)
Deferring certain assessments; deferred special assessments. Pursuant
to W.S.A., § 66.0715(2), the due date of any special assessment
levied against property abutting on or benefited by a public improvement
may be deferred on such terms and in such manner as prescribed by
the Village Board while no use of the improvement is made in connection
with the property. The special assessments shall become due and payable
in full within 30 days of completion of any improvements upon the
property which cause the property to make use of the improvement for
which the special assessment was levied, or upon the sale and transfer
of the property, whichever occurs first. The special assessment shall
be subject to interest as prescribed by the Village Board and the
interest shall accrue from the date of the assessment notice. The
special assessment and interest shall be a lien against the property.
(h)
Permits. Prior to the issuance of any building or plumbing permit,
the Village Zoning Administrator or designee shall refer the application
for a permit to the Village Clerk-Treasurer to determine if a special
assessment, customer contribution or a deferred assessment is outstanding
against the parcel involved.
[Ord. No. 707, § I, 3-18-2003]
[Ord. No. 707, § I, 3-18-2003]
Situations not covered by this chapter in levying special assessments
for the installation and construction of public improvements in the
Village shall be resolved by the Village Board. The Village Board
shall, prior to making a determination, consult with the Village engineer
and Village Attorney.
[Ord. No. 707, § I, 3-18-2003; Ord. No. 790, § I, 3-21-2006 Ord. No. 843A, § I, 4-19-2011]
(a)
Fees of the Village professionals and professional staff charged
back. Whenever either the Village Board, Village Clerk or any other
Village official has authorized a developer and/or property owner
to contact the Village Attorney, Village Engineer or the Village Planner;
or the Village Board, Village Clerk or other Village official contacts
said Village Attorney, Village Engineer or Village Planner, and said
contact results in a charge to the Village for that professional's
time and services as outlined herein or, in the case of the Village
Planner, said contact requires the Planner to expend time, and said
service is not a service applied to the Village as a whole and is
not a preliminary developer concept meeting, then, and in that event,
the Village Clerk shall charge that service to said developer, and/or
property owner for the fees incurred by the Village and/or for the
Village Planner's time in the course of responding to the requests
as provided for hereunder, unless otherwise directed by the Village
Board.
[Amended 3-20-2019 by Ord. No. 957]
(b)
Developer and/or property owner allowed time to pay. The Village
Clerk shall give each developer or property owner billed for professional
services 30 days to pay. In the event the charge remains unpaid after
30 days, then the Village Clerk shall notify the Village professionals
of said nonpayment and the Village professionals shall cease providing
any professional services on that account unless advised otherwise
by the Village Clerk. In addition, the Village Clerk shall charge
1 1/2% interest per month on all amounts unpaid after 30 days.
Payments made on the account shall first be applied toward interest
due and then to the amount owed. In the event amounts due are unpaid
after 90 days then the Village Clerk shall notify the property owner
that the billing will be referred to the Village Board and that the
Village Board will hold a hearing to determine whether any of the
following actions should be taken: refer the bill to collection, authorize
the Village Attorney to commence a lawsuit, place a stop work order
on any development or charge the delinquent bill against the current
or next tax roll as a delinquent tax against the property as provided
by law. In the event the statement rendered to the property owner
or the time given for the property owner to pay is too late in the
current year for the charge, when it becomes delinquent, to be extended
on that year's tax roll, then the delinquent charge shall be
extended to the following year's tax roll.
(c)
Escrow or reserve accounts for certain projects. When the Village
receives an application for any land division or land combination,
or when it receives a development application which involves rezoning,
the issuance of a conditional use permit or projects that involve
the erection of a structure or request for developer incentives, the
developer shall establish an escrow account with the Village Clerk
at the time of application (the "account"). The account will be debited
for payments of professional services and fees, as defined in this
section and required by the Village during the review and construction
of such projects. The Village Clerk shall distribute monthly statements
to the developer or property owner who established the account. The
initial balance for the account shall be in the amount of not less
than $5,000, but may be increased to up to $10,000 in the discretion
of the Village Administrator or his or her designee based upon the
size or complexity of the project and/or when the construction of
the development begins. No professional services shall be performed
concerning the application until the account is established as required
hereunder. The account shall be replenished to the specified and required
level whenever any debit is made from it. In no event shall the balance
of the escrow drop below $1,000. In the event the account is not replenished
within 72 hours of notice that the balance in the account has dropped
to $1,000, the Village Clerk shall advise the provider of professional
services of said nonpayment, and they shall cease to provide any professional
services on that account until and unless advised by the Village Clerk
that the account has been replenished. The account shall remain in
effect until invoices for professionals performing work on the application
are resolved. No Village permits, licenses or other approvals of the
Village will be given if the requirements of this subsection have
not been met.
[Amended 10-16-2019 by Ord. No. 966]
