[Adopted 1-7-1997 as Ch. 29 of the 1997 Code]
A. 
The Town, by resolution of its Town Board, may levy and collect special assessments upon property in a limited and determinable area for special benefits conferred upon such property by any municipal work or improvement and shall provide for the payment of all or any part of the costs of the work or improvement in accordance with the current policy as adopted by the Town Board by written resolution.
B. 
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 powers, the assessment shall be upon a reasonable basis as determined by the Town Board. Reasonable basis shall include all costs of construction, including but not limited to all legal, engineering, and publication costs associated with such work or improvement.
C. 
Charges and special assessments relative to new roads. See § 468-9 for applicable provisions contained therein.
A. 
Prior to making any such special assessments, the Town Board shall declare by preliminary resolution its intention to exercise such powers for a stated municipal purpose. Such resolution shall describe generally the contemplated purpose, the limits of the proposed assessment district, and the number of installments in which the special assessment may be paid, or that the number of installments will be determined at the hearing required under § 57-8, and shall direct the proper municipal officer, agent or employee to make a report thereon.
B. 
The report required by Subsection A shall consist of:
(1) 
Preliminary or final plans and specifications.
(2) 
An estimate of the entire cost of the proposed work or improvement.
(3) 
An estimate, as to each parcel of property affected, of the assessment of benefits to be levied.
(4) 
A statement that the property against which the assessments are proposed is benefited, where the work or improvements constitute an exercise of the police powers.
C. 
A copy of the report when completed shall be filed with the Town Clerk for public inspection.
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 costs thereof, the interest on bonds or notes issued in anticipation of the collection of the assessments, a reasonable charge for the services of the administrative staff of the Town, the cost of any architectural, engineering and legal services, and any other direct or indirect costs 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 Town Board.
[Amended 12-20-2011 by Ord. No. 2011-30]
On the completion and filing of the report required in § 57-6, the Town Clerk shall give notice stating the nature of the proposed or approved work or improvement, the general boundary lines of the proposed assessment district, the place and time at which the report may be inspected, and the place and time at which all interested persons, their agents or attorneys may appear before the Town Board and be heard concerning the matters contained in the preliminary resolution report. Such notice shall be given by publication in the official municipal newspaper and be posted in not fewer than three public places within the Town, and a copy of said notice shall be mailed to each interested person whose post office address is known. The hearing shall commence not less than 10 days and not more than 40 days after the publication and posting of said notice by the Town Clerk.
A. 
After the hearing, the Town Board may approve, disapprove, modify or refer the report to the designated officer or employee with such directions as it deems necessary to change the plans and specifications so as to accomplish a fair and equitable assessment.
B. 
As the work or improvement has not been previously authorized or approved, the Town Board shall approve the work or improvement and by resolution direct that the same be done and paid for in accordance with the report finally approved.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
The Town Clerk shall publish the final resolutions as required by state statute and consistent with the provisions of this article.
D. 
After the publication of the final resolution, any work or improvement provided for and not yet authorized shall be deemed fully authorized and all assessments made shall be deemed duly and property made, subject to the right of appeal under § 66.0703(12), Wis. Stats., or any other applicable provision of law.
If more than a single improvement is undertaken, the Town Board may combined the assessments as a single assessment on each property affected, except that the property owner may object to any one or more of said improvements.
If after completion or after the receipt of bids the actual cost of any work or improvement is found to vary materially from the original estimate, or the assessment is void or invalid for any reason, or if the Town Board determines to reconsider an assessment, the Town Board is empowered, after giving notice as required, to amend, cancel or confirm any prior assessment, and notice of this amending, canceling or confirming shall be given by the Town Clerk.
If the cost of the work or improvement is less than the assessment levied, the Town Board shall reduce each assessment proportionately. If the assessment has been paid either in part or in full, the Town shall refund the property owner any such overpayment.
Any special assessment shall be a lien on the property against which it is levied on behalf of the Town. The Town Board shall provide for the collection of such assessments and may establish penalties for payment after the due date. The Town Board shall provide that all assessments not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property, and all proceedings in relation to the collection of such delinquent taxes shall apply to such assessment, except as otherwise provided by statute.
A. 
If any assessment levied under this chapter is invalid because certain underlying statutes are determined to be unconstitutional, the Town Board may thereafter reassess such assessment pursuant to the provisions of any applicable law.
B. 
The Town Board may, without notice or hearing, levy and assess all or any part of the cost of any work or improvement upon property benefitted if notice and hearing are specifically waived in writing by the property owner(s) affected.
All special assessment taxes levied by the Town shall be paid by taxpayers as set forth in the Town of Grand Chute Special Assessment Policy, as revised, which is herein adopted by reference.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Costs of improvements shall be charged per the Town of Grand Chute Special Assessment Policy, as revised, which is herein adopted by reference.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Intermittent general maintenance of streets shall not be subject to special assessments when such maintenance consists of the application of a covering mat or overlay no greater than 1 1/4 inches in depth. Any such applications that exceed 1 1/4 inches in depth shall be subject to the assessment process as set forth in this article and the Special Assessment Policy, as revised, which is herein adopted by reference.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 5-20-2003; amended 7-15-2003]
A. 
Purpose. The Town of Grand Chute often imposes on private developers requirements to install public streets and/or utilities as a condition for developing property in the Town. It has been determined by the Grand Chute Town Board that there is a need for procedures enabling the Town of Grand Chute to make special assessments to benefited property for installing or constructing public works or improvements, pertaining to those installed by private developers, such as roads and utilities, which are then dedicated to the public upon completion. This is partially justified when such public works and improvements are designed or engineered to specially benefit other private properties, in addition to those owned by the developer, when such work is required by the Town and the developer is required to dedicate the improvements to the Town as public facilities upon completion. The Town Board finds that it is reasonable, necessary, and justifiable to make special assessments against properties benefited by such public works and improvements and to collect such assessments and distribute all or a portion of the assessments so collected to the developer initially incurring the cost for such improvements. There is also a need to make special assessments, in certain circumstances, after work has started or after improvements have been completed, under either § 66.0701 or 66.0703, Wis. Stats., whether the work is undertaken by the Town or by the developer.
B. 
Exclusions. Nothing herein shall preempt the rights of a developer to receive cost recovery for sewer main extension contributions to the extent allowed under Ch. PSC 187, Wis. Adm. Code, involving connections to property outside of a development within three years after the date of completion of sewer main installation under § PSC 187.05(3), Wis. Adm. Code.
C. 
Special assessment under § 66.0701, Wis. Stats. The Town of Grand Chute is hereby authorized by action of the Town Board to make special assessments pursuant to § 66.0701, Wis. Stats., for benefited property for public work or improvements constructed or installed by private developers which have been or will be dedicated to the Town for public purposes upon completion. Such assessments will be made in accordance with the police powers of the Town of Grand Chute.
D. 
Amount of assessment. The amount of assessment to be determined due from property benefited shall be in such amounts and assessed on a reasonable basis in accordance with those standards generally established as a reasonable basis for assessments as set forth in § 66.0703(1)(b), Wis. Stats., which standard is hereby adopted by reference.
E. 
Notice and hearing. Prior to the imposition of any assessment pursuant to this section, all property owners to be assessed shall be given written notice of the time and place at which a public hearing will be held before the Town Board. Any property owner so notified of the public hearing who does not appear shall be deemed to have waived his rights to be heard; however, objections or comments pertaining to the special assessment proposed may be submitted by affected property owners to the Board in advance of the hearing in writing.
F. 
Form of notice. The notice to be given for purposes of the public hearing required under this section shall include a description of the work or improvement and/or the location of the work or improvement, the total actual or estimated cost of the work or improvement, the total portion or fraction of the estimated or actual cost of the work or improvement which will be assessed, a listing of all properties to be assessed for the specific work or improvement involved, a declaration that the properties being assessed are benefited in whatever manner determined by the Town Board, and the amount of dollars to be assessed in terms of payment for each property against which the assessments will be imposed. Publication in a newspaper is not required for assessments under this notice. Such notice of public hearing shall be mailed by regular mail to the property owner affected to the address to which real estate tax bills are mailed by the Town for the properties affected.
G. 
Levy. Following the public hearing, the Town may levy the special assessments against the property affected on a reasonable basis. This levy shall be imposed by action of the Town Board approving the amount of assessment to be levied to each property. Upon such action, which shall be deemed the final determination of the Board, this levy shall be deemed to have been made. Notice of the Board's determination of the final levy shall be mailed to each property owner affected by first-class mail to the address to which real estate tax bills for the property being assessed are mailed by the Town. This determination shall be made in the form of a final assessment resolution passed by the Town Board.
H. 
Appeal. Within 40 days of the date of the final determination of the governing body of the amount of levy to be imposed, any person against whose land a special assessment is levied under this section may appeal in the manner prescribed in § 66.0703(12), Wis. Stats., by filing a written petition with the Circuit Court and bond for costs within 40 days of the date of the final determination of the governing body.
I. 
Disbursement of assessment proceeds. The Town Board, as part of its final determination to levy assessments for public improvements made by private developers pursuant to this section, may also determine at the time of the final determination or thereafter the persons or entities to whom or to which such collected special assessments shall be distributed for purposes of equitably reducing the costs incurred for the construction of the public work or improvement by such person or entity as thereafter dedicated to the Town upon completion.
J. 
Special assessments under § 66.0703, Wis. Stats. The Town, in its discretion, may also make assessments against benefited property in its discretion under § 66.0703, Wis. Stats., procedures whenever deemed appropriate for public improvements constructed or installed by the Town.
K. 
Time of assessment proceedings. Special assessments and proceedings under this section may be made either prior to or subsequent to completion of the public work or improvement for which assessments hereunder are being imposed. Such assessments and proceedings may be made either pursuant to § 66.0701, Wis. Stats, and this section or under § 66.0703, Wis. Stats.
L. 
Lien. Special assessments imposed by this section shall constitute a lien against the property from the date of the levy.
[Added 12-20-2011 by Ord. No. 2011-30]
A. 
In addition to all other methods provided by law, special charges for current services may be imposed by the Town Board by allocating all or part of the cost of the service to the property served. Such services may include snow and ice removal, weed elimination, street repair, street paving, repair of sidewalks and trails or curb and gutter, garbage and refuse disposal, recycling, stormwater management, including construction of stormwater management facilities, tree care, removal and disposition of dead animals under § 60.23(20), Wis. Stats., loan repayment under § 70.57(4)(b), Wis. Stats., soil conservation work under § 92.115, Wis. Stats., and snow removal under § 86.105, Wis. Stats. The Town Board may determine the manner of providing notice of a special charge, except that before a special charge for street repair or the repair of sidewalks and trails or curbs or gutters may be imposed, notice and a public hearing shall be provided as set forth in § 66.0627(3)(b),Wis. Stats.
B. 
Such special charges shall not be payable in installments. If not paid within the period fixed by the Town Board, such delinquent charge shall become a lien as provided in § 57-14 of this article.
C. 
Section 57-6A of this article shall not be applicable to proceedings under this section.