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CCR1997283COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #283-97 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 9th DAY OF DECEMBER , 1997. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Mark A. Slocomb Ald. Donna M. Woodard This is to certify that this is a true and accurate copy of Resolution #283-97 which was adopted by the Common Council of the City of Muskego. 0 CITY OF MUSKEGO AS AMENDED 150 ft. POLICY ASSESSMENT POLICY FOR CONSTRUCTION OF SANITARY SEWERS 1. The basis for sewer assessment shall be the assessable linear footage of frontage, and in the case of undeveloped or developed residential property, unit assessment or a combination of both, of each benefitted property within an assessment district, computed as per the following requirements. If a unit assessment is used in whole or in part, see definition of unit in Section 3.5. 2. Sewer assessable and non-assessable costs: A. The front foot assessment for residential, commercial minimum size sewer required to serve the respective and industrial zoned properties shall be based on the assessment district and at a depth.necessary to drain assessment district. Sewers in public right-of-ways (or service) all of the properties within the and within easements shall be assessed back to the City depending on the nature of the easement sewers respective assessment district as directed by the (the reasons for obtaining the easements.) B. Assessable sewer costs shall include the total costs for the sewer mains, manholes and risers. Costs involving inspection, engineering, legal, restoration costs such as pavement replacement and pavement 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. 3. 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 0 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 is an existing use in such areas that receives a benefit from the proposed improvement. The maximum 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 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. 0 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 lump sum basis for each lot to be developed. This policy shall apply when the development causes the 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 Land Use Plan for said use is larger than 150 front the minimum lot width required by the Comprehensive feet, then the larger amount), or minimum lot width and area as required by the City's If a parcel has a frontage of 2 times or more the Zoning Ordinance, the frontage shall be computed by using the frontage of the entire parcel, or If the lot width of a parcel is in excess of 150 lineal feet but less than 2 times the minimum lot Use Plan, the excess frontage would not be included width and area with respect to the Comprehensive Land 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 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 payable in full and if not paid by the first assessment charges shall be immediately due and November 1st after the division, the front feet and applicable laterals shall be placed on the tax roll, plus interest through January 31st. calculation of an assessment, the applicable If there is an unusual situation as to the committee of the 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 front feet, 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 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 assessment which is deferred, may continue to be deferred. 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 division) and the responsibility for payment of the City signatures on the document creating the land 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, upon a use being made of any portion of the property in question, said assessment shall be paid in cash be limited to a permit for such a use being in full. Evidence of use shall include but not affixing signatures on the document creating the issued, or in a case of a land division the City 0 Assessment Policy for Construction of Sewer Mains (150 ft.POliCy) Page 5 land division. As an alternative, the City, at its sole option, may negotiate with a property owner having an assessment come due, an agreement by which the assessment or a portion thereof may be further 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 assessable front footage of the property shall be a minimum of are not paid when due shall be extended upon the 500 ft. All assessments or installments which property with interest through January 31st and tax roll as a delinquent tax against the 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 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 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 proceedings in relation to the collection, interest through January 31st, and all 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 Policy for Construction of Sewer Mains (150 ft.Policy) Page 6 assessment and all of the remaining lateral and payable in full and if not paid by the assessment charges shall be immediately due first November 1st after the division, the front feet and/or units and applicable laterals shall be placed on the tax roll, 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 509; of the assessable If a land division or land divisions are frontage and/or units 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 payment plan only if said lands are not part assessment and one lateral may remain on the 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 payment or payments as of the date said payment or then to principal due on the date of the partial payments are received. Interest rates on deferred assessments may be reviewed every five (5) years. 0 7. Hardship Policy A. If the Common Council or its duly authorized committee or representative determines that it would constitute an undue-hardship for a person or persons owning an owner-occupied non-dividable residential property Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 7 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 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 hardship status, then the entire remaining assessment including interest shall be due as 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 persons once qualified must requalify annually by to qualify for said hardship status. A person or 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 time of the initial assessment and cannot be transferred to a new owner. Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 8 2. Qualifications for Hardship Status: Individuals or Families with an annual income not in excess of County with adjustments for family size, shall be 50% of the gross median family income for Waukesha 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 MASTER:ASSMTPOL.SWR Adopted by Resolution 23-94 1/25/94 Amended by Resolution 47-95 3/28/95 Amended by Resolution 104-95 5/9/95 Amended by Resolution 12-96 1/23/96 Amended by Resolution 283-97 12/09/97