[Added 5-17-2011 by Ord. No. 275]
As used in this article, the following terms shall have the
meanings indicated:
The Chief Financial Officer employed by the Town Council
or, in his absence, the person employed as Acting Chief Financial
Officer.
Road repair, construction or augmentation, minor drainage
upgrades or other miscellaneous improvements related to safe and efficient
vehicular travel within the community, or other improvements designated
by the Town Engineer that will upon completion benefit or serve the
entire community.
Any homeowners’ association, property owners’
association or condominium association.
Any unit of real estate assessed by Ocean View and identified
by a Sussex or Ocean View Tax Map Number (including unit number, if
applicable), including but not limited to lots, townhouses, multifamily
units and/or condominium units.
Roads dedicated to the public use that are to be maintained
by the Town of Ocean View or the Delaware Department of Transportation
(DelDOT).
Any organized community within Ocean View. To qualify for
the Town of Ocean View Street Improvement District, the community
shall meet the following criteria:
Contain at least five separate and distinct property owners;
Have streets that aggregate a minimum of 500 linear feet of
road surface or in the case of condominium or other type of individually
owned units of multi-unit buildings whose streets aggregate a minimum
of 300 feet of road surface;
Be situated in such a way that in the opinion of the Town Engineer
the community is reasonably and economically capable of being improved
by the laying, repairing or completion of streets, minor drainage
upgrades and other miscellaneous community improvements as defined
in this section;
Have direct access to a street or road, which is part of the
Ocean View Town-maintained road system or will be connected to the
Ocean View road when the project provided for in this article is complete;
and
Have a legally established property owner’s association
or condominium association (HOA).
The Town Council of Ocean View.
The Town Engineer employed by the Town Council or his/her
authorized representative.
A.
Any HOA
may request the Chief Financial Officer to prepare a petition form
for formation of a Street Improvement District. Said request must
be on the HOA’s letterhead, signed by the President or Vice
President and include a statement that said request has been approved
in accordance with the provisions of the association’s bylaws.
Said request must also include a description of the area, the approximate
aggregate length of roadway to be included in the proposed program
and a description of the proposed improvements.
B.
If the Chief Financial Officer determines that the community meets the criteria of § 187-19, he/she shall prepare sufficient copies of a petition form requesting the Town Council to obtain estimates of costs and charges for street improvements and submit the question of establishing a street improvement district program to an election in the community. Said petition form shall clearly define the area to be included in the proposed program and may include a map showing the parcels of land, and existing roadways within the proposed program boundary and may include a preliminary cost estimate.
C.
The Chief
Financial Officer shall submit such petition form to the Town Attorney
for approval.
The Town Council may be petitioned for inclusion in the proposed Street Improvement District by the owners of parcels used for residential uses and that abut the roadway that is the subject of the proposed Street Improvement District. Each parcel, as defined in § 187-16, shall be entitled to one signature on the petition and one vote in the election, regardless of whether owned jointly, severally, by tenants-in-common, or by an artificial entity; provided, however, that each recorded lot that is buildable, as designated by the Town Administrative Official, shall be entitled to one signature on the petition and one vote in the election.
A.
Upon receipt
of valid petitions signed by owners of more than 50% of the parcels
or buildable lots in the community, the Town Manager shall direct
the Town Engineer to prepare:
(1)
Project
detailed cost estimates for the completion of the proposed community
improvements.
(2)
A
layout of the community clearly showing the community boundaries,
existing streets, and the nature and location of proposed improvements.
(3)
Estimated
charges to each property owner and the street frontage used to calculate
said estimated charges.
B.
After the information specified in Subsection A has been compiled, a public meeting shall be scheduled to present said information to the property owners in the community. Notice of the meeting shall be made through a direct mailing to all community property owners as listed in the Town's assessment records, and said notice shall be sent not less than 20 days prior to the date of the meeting. Based upon the responses and comments received at the public meeting, the Town Manager may take action to adjust the information specified in Subsection A as long as said information continues to meet the intentions outlined in the executed petition form.
C.
Within 60 days of the date of the public meeting, the Town Engineer shall present the estimated costs and charges required in Subsection A to the Town Council. Should the Town Council determine to support the project, it shall by resolution:
(1)
Formally
accept the community Street Improvement District.
(2)
Establish
the date, time and place of the election, with provision for absentee
voting by those unable to appear in person.
(3)
Designate
the person to act as judge of the election.
(4)
Direct
the Town Manager to notify the voters of the date, time and place
of the election, including the estimated costs and charges. Such notice
shall be posted in at least two public places within the community
at least 20 days before the day of the election and by direct mail
to the voters of record at least 20 days before the day of the election.
A.
Following
the election, the judge of the election shall certify the results
to the Town Council. The ballots shall be retained in the safekeeping
of the Town for one year before being destroyed.
B.
If the
certificate of the judge of the election reveals the majority of the
votes cast at the election are in favor of the Street Improvement
District, the Town Council shall, by resolution, authorize the Town
Engineer to perform the specified improvements in the program and
authorize the Chief Financial Officer to bill the owners of all assessable
parcels within the community.
After the awarding of the contract or contracts, all work performed
under the contract or contracts shall be under the direct administration,
oversight and/or inspection of the Town Engineer or his/her authorized
representative.
In the event that street rights-of-way are inadequate or where
street rights-of-way are in question, the acquisition of necessary
rights-of-way for the community construction project may be assisted
by Ocean View, if in the opinion of the Town Council, it is necessary
and appropriate. In that case, the acquisition of such necessary street
rights-of-way shall follow the current practice of Ocean View in acquiring
property.
All roads and streets constructed pursuant to this article shall
be constructed in accordance with standards adopted by Ocean View
and shall be dedicated to the Town for the public use. Upon acceptance,
the roads and streets shall be maintained by the Town.
A.
When the
project is substantially complete, the Town Manager, Town Engineer,
and Chief Financial Officer will compile the final cost accounting
of the program in question. This cost accounting will be used to determine
an assessment to be charged against each parcel within the community.
Assessment billings shall be made annually in parallel with the Town
fiscal year. At the discretion of the Chief Financial Officer, an
initial billing for a project that receives substantial completion
during a current fiscal year may receive a special billing for the
portion of the year remaining prior to April 30. All subsequent billings
will be made for one year, shall be due and payable on the same schedule
as Town real estate tax bills, subject to the same penalties for the
late payment, and shall be collectible by any legal process available
by statute for the collection of Town real estate taxes. All billings
will be performed at the direction of the Chief Financial Officer.
B.
The Town
Manager shall prepare an assessment roll which shall describe each
lot or parcel of real property in the community and shall show the
name or names of the reputed owner or owners thereof and the amount
of the assessment to be levied upon such lot or parcel of land. Before
adopting the assessment roll, the Town Council shall hold a public
hearing for review and comment by the affected property owners. Notice
of such public hearing shall state that the assessment roll has been
completed, note where it may be examined by any interested persons
and specify the date, time and location. Notice of the public hearing
shall be published in a newspaper having a general circulation therein,
once in each of the two weeks immediately preceding the week in which
the public hearing is to be held. After holding the public hearing,
the Town Council may adopt the assessment roll as originally proposed
or amend the assessment roll as it deems necessary, then adopt it
as amended.
C.
The Town
Council shall direct the Board of Assessment to cause the words "special
community lien" to be placed beside the name of each property owner
in the community in order that persons such as prospective buyers
of, or attorneys making title searches upon, the properties making
inquiry at the Board of Assessment concerning Town taxes may be informed
that special liens exist against the properties in the Town of Ocean
View.
D.
Any contributions
given by any state or federal agency, person, firm or corporation
to assist in defraying the costs of the program must be made by May
1 in order to be considered in reducing the assessments in the Street
Improvement District for the year beginning the following fiscal year
of May 1 through April 30.
E.
The Chief
Financial Officer shall establish a separate account for all receipts
and disbursements for each Street Improvement District.
A.
No assessment
shall be made against any property during the period in which it is
not subject to taxation and assessment for Town and municipal purposes.
B.
No assessment
shall be made against any property that is owned by Ocean View or
the State of Delaware or the legal HOA.
C.
No assessment
shall be made against that portion of a parcel during the period in
which the portion qualifies for agricultural, horticultural or forest
uses as more fully defined by 9 Del. C. §§ 8330 through
8337, inclusive.
Front footage for every assessable lot, parcel, or building
unit shall be computed by the procedures enumerated:
A.
Where
the parcel contains two or more recorded lots, the front footage measurement
for the parcel shall be the total of the front footage measurements
of each lot within the parcel; provided, however, that any recorded
lot that is buildable as designated by the Town Administrative Official,
shall be separately assessed.
B.
A lot
or parcel in a street with one side only fronting the street shall
be assessed the total street footage.
C.
A lot
or parcel on two or more streets shall be assessed 1/2 the total street
frontage of the lot or parcel.
D.
A lot
or parcel is a lot or parcel fronting two or more streets when the
angle of the extended street center line is 135° or less, and
shall be assessed as a lot or parcel on two or more streets.
E.
A lot
or parcel abutting water shall be assessed on the portion of the frontage
abutting the roadway.
F.
A lot
or parcel on a cul-de-sac shall be assessed the total street footage.
G.
Where
a lot or parcel configuration contains an arc, the length of the arc
shall be used as street footage measurements. When an arc forms a
lot or parcel corner, the center of the measured arc shall constitute
the corner.
H.
When a
lot or parcel has a utility or drainage easement across it by any
public authority, the easement shall have no bearing on the assessment.
When a lot or parcel has a right-of-way across it for ingress or egress
by any public authority, the right-of-way shall be deducted from the
lot or parcel dimension.
I.
In no
case shall a parcel or buildable lot be assessed less than a forty-front-foot
assessment or more than a one-hundred-front-foot assessment.
J.
Those
lots or parcels designated as unbuildable by the Town Administrative
Official shall not be assessed.
K.
Any lot
or parcel reduced in size by reason of acquisition by public authority
beyond that required by existing Land Use and Development Code for
a structure to be built shall not be assessed.
L.
Notwithstanding the provisions of Subsections A through K of this section, computed front footage measurements for any lot, parcel or building unit may be adjusted as necessary to assure that each lot, parcel or building unit is assigned a reasonable assessment, in the opinion of the Town Manager, Town Administrative Official, and Chief Financial Official for its responsibility in retiring debt for the improvements installed or performed pursuant to this chapter.
M.
In the
event of irregular lots or unusual circumstances, the front footage
shall be determined by the Town Engineer.
