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CCR19951045/95 jmb COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #104-95 RESOLUTION ADOPTING ASSESSMENT POLICY FOR CONSTRUCTION OF SANITARY SEWERS BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Utilities Committee, does hereby adopt an Amended Assessment Policy for Construction of Sanitary Sewers as attached hereto and made a part hereof. DATED THIS 9TH DAY OF MAY , 1995. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Nancy C. Salentine Ald. Robert L. Rasmussen This is to certify that this is a true and accurate copy of Resolution #lO4-95 which was adopted by the Common Council of the City of Muskego. e CITY OF MUSKEG0 AS AMENDED 150 ft. POLICY ASSESSMENT POLICY, FOR CONSTRUCTION OF SANITARY SEWERS 1. The basis for sewer assessment shall be the assessable or developed residential property, unit assessment or a linear footage of frontage, and in the case of undeveloped combination of both, of each benefitted property within an assessment district, computed as per the following part, see definition of unit in Section 3.5. requirements. If a unit assessment is used in whole or in 2. Sewer assessable and non-assessable costs: A. The front foot assessment for residential, commercial and industrial zoned properties shall be based on the minimum size sewer required to serve the respective assessment district and at a depth necessary to drain (or service) all of the properties within the assessment district. Sewers in public right-of-ways and within easements shall be assessed back to the respective assessment district as directed by the City depending on the nature of the easement sewers (the reasons for obtaining the easements.) B. Assessable sewer costs shall include the total costs for the sewer mains, manholes and risers. Costs costs such as pavement replacement and pavement involving inspection, engineering, legal, restoration patching and the necessary administration costs to complete a project shall also be assessed back to the respective assessment district. C. Non-assessable costs shall include those costs for concrete encasement of sewers, sewage lift stations, sewer tunneling, jacking of sewer in liner pipe and force mains, extra depth and oversized sewers. 3. The assessable linear footage shall be determined as follows : A. FOI' Corner lots: 1. If a lot abuts two streets, add the two side dimensions and divide by two. 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 additional lot or lots complying with the one street only if the lot cannot be subdivided into an Comprehensive Land Use Plan. Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 2 D. E. F. G. H. I. For lots on cul-de-sacs, use the chord dimension at the building set-back line as measured tangent to the curve at its mid-point, if said set-back line is formed by a curved line. 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 set-back line for the inside lots on the curve. On large tracts of land which are on corners - assume a future corner lot that complies with the Comprehensive Land Use Plan and apply the corner lot policy. The balance of the frontage shall be considered at full linear footage. 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. Floodplain, lowland conservancy and wetlands shall be exempt from assessments except in the event that there benefit from the proposed improvement. The maximum is an existing use in such areas that receives a assessable lineal frontage shall be determined as in Section 5 below. Assessable frontage costs shall be determined as in Section 2 above divided by the total available assessable frontage as detailed in Section 5 below. 3.5 The assessable unit method may be utilized when it is distributes the cost of the project. The unit shall be determined that the usage of units is a method which best defined as parcel of land as determined by the Comprehensive Land Use Plan that correlates to the future use of the parcel. Unit(s) shall be determined as follows: A. Existing non-divisible parcels of land under current or future zoning as described in 3.5 above. B. Existing large parcels of land that may be divisible into additional parcels based on future zoning as described in 3.5 above. Proposed improvements shall abut any future parcels in order to receive a benefit (i.e. internal future parcels not abutting an improvement may not be assessed). C. For parcels that abut two or more streets, a unit assessment may only be levied on those existing or future parcels that abut the proposed improvements. 4. Sewer laterals will be assessed back to each respective when installed within streets. property for the entire expense on a unit or lump sum basis Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 3 A. In the event that sewer mains are extended to serve new development and that the length of the sewer laterals for the development creates a higher than normal cost for existing parcels, the development shall be assessed for the additional costs of the laterals. These costs shall be based upon a unit or lump sum basis for each lot to be developed. This policy shall apply when the development causes the installation of longer than normal laterals in cul-de-sacs or in areas where the cost of sewer lateral service to the parcels to be developed is greater than 10 per cent of the average cost of all sewer laterals for the project. 5. Assessment and Payment of Assessments A. Each parcel being assessed is responsible for the payment in the manner set forth in (1) below to a maximum of 150 feet, or the number of front feet of the parcel whichever is less, plus the costs of all laterals (except in the case of a developed parcel if the minimum lot width required by the Comprehensive Land Use Plan for said use is larger than 150 front feet, then the larger amount), or If a parcel has a frontage of 2 times or more the minimum lot width and area as required by the City's using the frontage of the entire parcel, or Zoning Ordinance, the frontage shall be computed by If the lot width of a parcel is in excess of 150 lineal feet but less than 2 times the minimum lot width and area with respect to the Comprehensive Land Use Plan, the excess frontage would not be included in the assessment computation and is not assessed. subsection 5. A. shall apply as far as applicable in If a unit assessment is used in whole or in part, this determining the number of units to be assessed. (1) The assessments due pursuant to Paragraph 5 of this Policy may be paid in cash in full on or before the first November 1st after the date of the Final Assessment Resolution or in ten (10) annual installments of principal together with twelve (12) months interest per installment to the City Treasurer, installment payments to bear interest at the rate established in the Final Assessment Resolution on the unpaid balance commencing on November 1st and said first installment being due on the date when real estate taxes are due and annually thereof. All assessments or installments which are not paid by the date specified shall be extended upon the tax all proceedings in relation to the collection, roll as a delinquent tax against the property and return and sale of property for delinquent real estate taxes shall apply to such special Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 4 assessment, except as otherwise provided by statute. (2) If a land division is made, and the nondeferred assessment is part of the land division, then assessment charges shall be immediately due and said assessment and all of the remaining lateral payable in full and if not paid by the first November 1st after the division, the front feet and applicable laterals shall be placed on the tax roll, plus interest through January 31st. of an assessment, the applicable committee of the If there is an unusual situation as to the calculation Common Council may make reasonable exceptions to the above requirements to address said unusual situation. B. The remainder of said assessment is deferred as stated in Paragraph 6. C. If the entire property is sold, without division, the assessment levied on the property to the extent of 150 the minimum lot width required by the Comprehensive Land front feet, except in the case of a developed parcel if Use Plan for said use is larger than 150 front feet, then the larger amount or the number of front feet of the parcel, whichever is less, plus the costs of all laterals may remain on the payment plan; and any continue to be deferred. 0 remainder of said assessment which is deferred, may 6. Payment of Deferred Assessments A. That portion of the assessments not being paid pursuant to Paragraph 5 of this Policy shall be deferred. Deferrals shall end upon any use being made of any portion of the property in question (use specifically including land division at the time of City signatures on the document creating the land division) and the responsibility for payment of the assessment shall apply to all of the property subject to the deferral. (1) All deferred assessments shall bear interest at the rate established in the Final Assessment Resolution on the unpaid balance from the first November 1st after the date of the Final Assessment Resolution and until payment in full. When the deferral of an assessment ends, or before the first November 1st after the end of said assessment shall be paid in cash in full on the deferral unless the City, at its sole option, negotiates with a property owner having an assessment or a portion thereof may be further assessment come due, an agreement by which the deferred when the Common Council determines that additional deferrals would be just and equitable under the particular circumstances. To be considered for an additional deferral, the Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 5 (2) l a assessable front footage of the property shall be a minimum of 500 ft. All assessments or installments which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property with interest through January 31st and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. If the City does negotiate with a property owner having a deferred assessment come due to allow partial payment of a portion of the assessment, the following criteria shall be met. The City is under no obligation to negotiate further deferrals of any assessment. The owners shall give the City satisfactory evidence of sole ownership of all of the lands in question and the right to divide such assessments as proposed. The lands shall be divided and all appropriate documents making such division shall be filed and recorded. The partial assessment shall be paid to the City by all the owners to satisfy the lien of assessment for the number of front feet and/or unite and the laterals being sold, upon sale of said parcel, and if not paid, shall be placed on the tax roll as a delinquent tax against the property with interest through January 31st, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. The assessment on the remainder of the lands described in the agreement shall continue to be deferred, except for the portion of the assessment that was not deferred and the remainder of the laterals, which may However, if the nondeferred assessment is continue on the 10 year payment plan. part of the land division, then said assessment and all of the remaining lateral assessment charges shall be immediately due and payable in full and if not paid by the front feet and/or unite and applicable first November 1st after the division, the plus interest through January 31st. laterals shall be placed on the tax roll, (e) The property owners shall waive all legal Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 6 notices required to amend or change special assessments and agree to the amended assessment without further action by the City. (f) If a land division or land divisions are made and more than 50% of the assessable frontage and/or unite of the original parcel is sold, the balance will become due and payable in full, and if not paid by the first November 1st after the sale, the front feet and applicable laterals shall be placed on the tax roll, plus interest through January 31st. The original non-deferred assessment and one lateral may remain on the payment plan only if said lands are not part of the land division. (9) The property owners shall be liable for all costs associated with the pro-ration. Any assessment deferred pursuant to this policy 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. Any deferred assessment on property that has not been divided may be placed on the 10 year payment plan upon request of the owner(s) of the property at any time. As to deferred assessments not on a payment plan, the City will accept partial payments in the minimum amount of $5000. The partial payment or payments will be applied first to interest and then to principal due on the date of the partial payment or payments as of the date said payment or payments are received. Interest rates on deferred assessments may be reviewed every five (5) years. Adopted by Resolution 23-94 1/25/94 Amsnded by Resolution 47-95 3/28/95 Med by RseOlYtiOn 104-95 5/9/95