CCR1996012COMMON COUNCIL - CITY OF MUSKEG0
AMENDED
RESOLUTION #12-96
RESOLUTION ADOPTING AMENDED 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 amended and attached hereto and made a part
hereof.
DATED THIS 23rd DAY OF JANUARY , 1996.
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
City of Muskego.
Resolution #12-96 which was adopted by the Common Council of the
1/96daf
CITY OF MUSKEG0
ASSESSMENT POLICY
FOR CONSTRUCTION OF SANITARY SEWERS
AS AMENDED
150 ft. POLICY
1.
2.
3.
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
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
sewer tunneling, jacking of sewer in liner pipe and
concrete encasement of sewers, sewage lift stations,
force mains, extra depth and oversized sewers.
The assessable linear footage shall be determined as
follows:
A. For 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 one street only if the lot cannot be subdivided
Comprehensive Land Use Plan.
into an additional lot or lots complying with the
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.
exempt from assessments except in the event that
Floodplain, lowland conservancy and wetlands shall be
a benefit from the proposed improvement. The maximum
there is an existing use in such areas that receives
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
determined that the usage of units is a method which best
distributes the cost of the project. The unit shall be
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
described in 3.5 above. Proposed improvements shall
into additional parcels based on future zoning as
abut any future parcels in order to receive a benefit
improvement may not be assessed).
(i.e. internal future parcels not abutting an
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
property for the entire expense on a unit or lump sum
basis when installed within streets.
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
normal cost for existing parcels, the development
laterals for the development creates a higher than
shall be assessed for the additional costs of the
laterals. These costs shall be based upon a unit or
policy shall apply when the development causes the
lump sum basis for each lot to be developed. This
cul-de-sacs or in areas where the cost of sewer
installation of longer than normal laterals in
greater than 10 per cent of the average cost of all
lateral service to the parcels to be developed is
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
lineal feet but less than 2 times the minimum lot
If the lot width of a parcel is in excess of 150
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.
this subsection 5. A. shall apply as far as
If a unit assessment is used in whole or in part,
applicable in 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
Assessment Resolution on the unpaid balance
interest at the rate established in the Final
commencing on November 1st and said first
estate taxes are due and annually thereof. All
installment being due on the date when real
by the date specified shall be extended upon the
assessments or installments which are not paid
property and all proceedings in relation to the
tax roll as a delinquent tax against the
collection, return and sale of property for
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
Page 4
B.
C.
delinquent real estate taxes shall apply to such
special 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
said assessment and all of the remaining lateral
assessment charges shall be immediately due and
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.
If there is an unusual situation as to the
calculation of an assessment, the applicable
committee of the Common Council may make reasonable
exceptions to the above requirements to address said
unusual situation.
The remainder of said assessment is deferred as
stated in Paragraph 6.
If the entire property is sold, without division, the
assessment levied on the property to the extent of
150 front feet, except in the case of a developed
Comprehensive Land Use Plan for said use is larger
parcel if the minimum lot width required by the
than 150 front feet, then the larger amount or the
number of front feet of the parcel, whichever is
the payment plan; and any remainder of said
less, plus the costs of all laterals may remain on
deferred.
assessment which is deferred, may continue to be
6. Payment of Deferred Assessments
A. That portion of the assessments not being paid
pursuant to Paragraph 5 of this Policy shall be
made of any portion of the property in question (use
deferred. Deferrals shall end upon any use being
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
November 1st after the date of the Final
Resolution on the unpaid balance from the first
Assessment Resolution and until payment in
said assessment shall be paid in cash in full on
full. When the deferral of an assessment ends,
of the deferral unless the City, at its sole
or before the first November 1st after the end
option, negotiates with a property owner having
an assessment come due, an agreement by which
the assessment or a portion thereof may be
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
I Page 5
0
determines that additional deferrals would be
further deferred when the Common Council
just and equitable under the particular
circumstances. To be considered for an
additional deferral, the 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.
(2) 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
deferrals of any assessment.
is under no obligation to negotiate further
(a) 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.
(b) The lands shall be divided and all
appropriate documents making such division
shall be filed and recorded.
(c) 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 units 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.
(d) 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
continue on the 10 year payment plan.
part of the land division, then said
However, if the nondeferred assessment is
assessment and all of the remaining lateral
assessment charges shall be immediately due
and payable in full and if not paid by the
first November 1st after the division, the
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
Page 6
laterals shall be placed on the tax roll,
front feet and/or units and applicable
plus interest through January 31st.
The property owners shall waive all legal
notices required to amend or change special
assessments and agree to the amended
assessment without further action by the
City.
made and more than 50% of the assessable
If a land division or land divisions are
frontage and/or units of the original parcel
payable in full, and if not paid by the
is sold, the balance will become due and
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.
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.
7. Hardship Policy
A. If the Common Council or its duly authorized committee
or representative determines that it would constitute an
owner-occupied non-dividable residential property
undue hardship for a person or persons owning an
affected by a special assessment made pursuant to this
assessment policy who has qualified for hardship status
(as defined later in this policy) to pay an assessment
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
Page 7
0
0
as set forth above, it may allow said assessment to be
paid as follows:
1. The entire assessment would be deferred and not be
due and payable and no interest would accrue until
a use of the improvement is made. Once a use of
the improvement is made, the entire assessment is
due and payable subject to Paragraph 2 below.
Interest shall be charged commencing with the
first November 1st after use of the improvement is
made. The interest to be charged after a use is
made is the interest rate as established in the
final assessment resolution; and
2. The owner may elect to pay the entire assessment
on their entire property pursuant to Section 5 of
this policy once a use of the improvement is made
or the assessment will be payable in 19 annual
installments with an interest rate as established
in the final assessment resolution during the
period of hardship.
If a property owner no longer qualifies for
assessment including interest shall be due as
hardship status, then the entire remaining
follows: In full or at owner’s election in annual
installments of principal and interest as set
forth in the non-hardship sections of the
years which is in proportion to the amount of
assessment policy stated above for a number of
principal which is left to be paid based upon a 10
year payment plan. For example: If one-half of
the principal remains due at the end of the
hardship status, the remaining principal and
interest would be paid in 5 annual installments.
B. Hardship Status:
1. As to each special assessment subject to this
policy, the Notice of Public Hearing shall contain
a notice that property owners may be qualified for
hardship status which will allow for different
payments of the assessment and shall indicate a
time by which persons must apply and be determined
to qualify for said hardship status. A person or
persons once qualified must requalify annually by
making a new application each succeeding year on
or before the 1st day of May each succeeding
year. If a person or persons does not initially
qualify or fails to qualify each year, the
hardship status terminates and cannot be renewed.
Hardship status as to an assessment is personal to
the person or persons owning the property at the
transferred to a new owner.
time of the initial assessment and cannot be
2. Qualifications for Hardship Status: Individuals
or Families with an annual income not in excess of
*
0
Assessment Policy for Construction of Sewer Mains (150 fl;.Policy)
Page 8
50% of the median family income for Waukesha
County with adjustments for family size, shall be
qualified for hardship status by the Common
Council, committee or representative making said
determination following Rules and Regulations as
the City may from time to time direct.
daf
MRSTER:ASSMTPOL.SWR
Adopted by Resolution 23-94 1/25/94
ended by Resolution 47-95 3/28/95
Amended by Resolution 104-95 5/9/95
Amended by Resolutlan 12-96 1/23/96