Village of Bellevue, WI Article II Special Assessments

[Adopted 9-25-2013 by Ord. No. O-2013-10 (§ 8.01 of the 1998 Code)]

§ 49-10 Levy.

Special assessments shall be levied upon any parcel of land within the Village whenever special benefits are conferred upon such parcel of land by any municipal work or improvement. Special assessments will be levied as provided for in § 66.0703, Wis. Stats., and the provisions of this article.

§ 49-11 Definitions.

[Amended 2-27-2019 by Ord. No. O-2019-08]

The following terms shall have the following meanings for purposes of this article:

AGRICULTURALLY ZONED PROPERTY

Property that is zoned A-1 or A-2 as defined in the Village Zoning Code.

ASSESSMENT DISTRICT

Any geographical area designated by a resolution of the Village Board in which public works or improvements are to be installed, the costs of which are to be recovered through the levy of special assessments against benefiting properties within such district.

BRIDGE

Any elevated structure or culvert which passes a roadway over a stream and/or drainageway that is eligible for county bridge aids regardless of whether those aids are received.

CORNER LOT

A lot located at the intersection of two public streets where the interior angle of such intersection does not exceed 135°.

COUNTY HIGHWAY

Any street within the Village that is officially designated as a county highway.

FEDERAL HIGHWAY

Any street within the Village that is designated as a federal interstate or United States highway.

LOCAL STREET

Any street within the Village of Bellevue that is not designated as a county, state, or federal highway and has the following characteristics:

A. Width: (maximum) 37 feet back of curb to back of curb.

B. Section: three inches of E-1 bituminous pavement; seven inches of 1 1/4 inch crushed aggregate base course; eight inches of three-inch breaker run; twenty-four-inch curb and gutter on both sides of the street.

MAJOR STREET

Any street within the Village of Bellevue that is not designated as a county, state or federal highway with the following characteristics:

A. Width: greater than 37 feet back of curb to back of curb.

B. Section: greater than three inches of E-1 bituminous pavement; seven inches of 1 1/4 inch crushed aggregate base course; eight inches of three-inch breaker run; twenty-four-inch curb and gutter on both sides of the street.

NONRESIDENTIALLY ZONED PROPERTY

Property that is zoned R-3, B-1, B-2, B-3, LI, HI, I-1, or PDD as defined in the Village Zoning Code.

RESIDENTIALLY ZONED PROPERTY

Property that is zoned R-1 or R-2 as defined in the Village Zoning Code.

STATE HIGHWAY

Any street within the Village that is officially designated as a state or business highway.

SURFACE IMPROVEMENT

A. MILL AND OVERLAY A pavement rehabilitation process that removes the top layer of bituminous pavement by the grinding action of a large machine called a "milling machine." The overlay part of the term refers to the placement of a new bituminous pavement. The mill and overlay pavement rehabilitation may also include spot repairs of concrete curb and gutter.

B. RECONDITIONING Pavement reconditioning is a rehabilitation process that pulverizes old bituminous pavement and mixes it with the underlying aggregate, which adds additional stability to the existing subgrade and aggregate base. After reclamation and grading, two lifts of bituminous pavement will be placed. The reclamation process may include spot repairs of existing concrete curb and gutter.

C. RECONSTRUCTION Pavement reconstruction involves the complete rebuilding of the subgrade, aggregate base, and bituminous pavement of a roadway. The reconstruction process will also involve installation or replacement of concrete curb and gutter and driveway aprons.

THROUGH LOT

A lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot.

§ 49-12 Cost computation.

A. Per-foot assessments. The amount to be levied and charged against a parcel of land lying within an assessment district shall be determined by multiplying the assessable footage of the parcel by the sum of the assessable project costs divided by the total assessable frontage within the assessment district.

[Amended 3-27-2019 by Ord. No. O-2019-03]

(1) The maximum per-foot assessment rate, for residentially zoned properties only, shall be equal to the maximum per-lot assessment for that type of improvement as calculated under § 49-12B, divided by 80 feet per lot.

B. Per-lot assessments. When the scope of the public improvements to be made is limited to street resurfacing, to include any necessary curb replacement, and if the Village Board further determines that the properties within the assessment district are reasonably homogenous with respect to size, street frontage and use, the amount to be levied and charged against a parcel of land lying within an assessment district shall be determined by dividing the sum of the assessable project costs by the total number of lots within the assessment district. Corner lots shall be counted as one lot for assessment purposes, except that when only one of the two abutting streets is being resurfaced, the corner lot shall be counted as, and receive a one-half lot assessment. If in the judgment of the Village Board a parcel of land has the potential to be subdivided to create additional buildable lots, the Board may assess that parcel of land additional per lot charges as appropriate.

[Amended 2-27-2019 by Ord. No. O-2019-08; 3-27-2019 by Ord. No. O-2019-03; 3-22-2023 by Ord. No. O-2023-06]

(1) The total per-lot assessment for a reconstruction street improvement shall not exceed $7,000 per lot for residentially zoned properties only. For residentially zoned properties on a corner, the total per-side assessment shall not be more than 1/2 the maximum assessment per-side. The base year for this maximum assessment is 2019. Starting in 2020, and each year thereafter, the maximum per lot assessment shall be increased by the five-year average of the WisDOT Chained Fisher Construction Cost Index for the previous year.

(2) The total per lot assessment for reconditioning street improvement, including pavement replacement improvements, shall not exceed $6,500 per lot for residentially zoned properties only. For residentially zoned properties on a corner, the total per-side assessment shall not be more than 1/2 the maximum assessment per-side. The base year for this maximum assessment is 2019. Starting in 2020, and each year thereafter, the maximum per lot assessment shall be increased by the five-year average of the WisDOT Chained Fisher Construction Cost Index for the previous year.

C. Alternative methods. Notwithstanding Subsections A and B above, the Village Board may specify an alternative method of computing the amount of assessments to be levied when, in its judgment, such alternative method would produce assessments that are more equitable than if calculated using either of the foregoing methods.

§ 49-13 Assessable project costs.

[Amended 2-11-2019 by Ord. No. O-2019-04; 8-11-2019 by Ord. No. O-2019-23]

Except as specifically provided in Subsection A through P hereafter, the total cost of any municipal work or improvement installed, to include associated engineering, inspection, and administrative expenses, shall be assessed to those parcels of land within the assessment district benefiting therefrom.

A. Sanitary sewer. When sanitary sewer pipe larger than eight inches in diameter is installed, benefiting parcels shall only be assessed for eight-inch pipe at a cost determined by the Village's Engineer. The additional expense for the larger pipe diameter versus the eight-inch diameter pipe shall be paid by the Village.

B. Residential storm sewer. When storm sewer pipe larger than 24 inches in diameter is installed within a residential area, benefiting parcels shall only be assessed for twenty-four-inch pipe at a cost determined by the Village's Engineer. The additional expense for the larger pipe diameter versus the twenty-four-inch diameter pipe shall be paid by the Village.

C. Nonresidential storm sewer. Properties within business, industrial and institutional districts will be assessed for the full diameter of any installed storm sewer pipes less any incremental size of pipe which is needed to accommodate drainage from properties located outside the assessment district as determined by the Village's Engineer.

D. Water mains. When water mains larger than eight inches in diameter are installed, benefiting parcels shall only be assessed for eight-inch mains at a cost determined by the Village's Engineer. The additional expense for the larger main diameter versus the eight-inch diameter pipe shall be paid by the Village.

E. Residentially zoned street construction, local or major. When any local or major street within the Village is constructed or reconstructed to be wider than 37 feet as measured from the back of curb to back of curb, benefiting residentially zoned parcels shall be assessed for no greater than a thirty-seven-foot street, as defined in the definition of "local street" in § 49-11, at a cost determined by the Village's Engineer, less facility costs listed in Subsections M through P below. The additional expense for the wider street shall be paid by the Village.

F. Nonresidentially zoned street construction, local or major. When any local or major street within the Village is constructed or reconstructed to be wider than 44 feet as measured from the back of curb to back of curb, benefiting nonresidentially zoned parcels shall be assessed for no greater than a forty-four-foot street, as defined in the definition of "major street" in § 49-11, at a cost determined by the Village's Engineer, less facility costs listed in Subsections M through P below. The additional expense for the wider street shall be paid by the Village.

G. Residentially zoned street construction, county highway. Any residentially zoned property located on a county highway shall not be assessed more than a thirty-seven foot local road section as defined in the definition of "local street" in § 49-11. The additional expense of the wider street shall be paid by the Village. Supplemental funds that become available to a project are used to reduce special assessments after Village funding contributions, including oversize road sections, and facility costs listed in Subsections M through P below have been removed from the project costs.

H. Nonresidentially zoned street construction, county highway. Any nonresidentially zoned property located on a county highway shall not be assessed more than a forty-four-foot major road section as defined in the definition of "major street" in § 49-11. The additional expense of the wider street shall be paid by the Village. Supplemental funds that become available to a project are used to reduce special assessments after Village funding contributions, including oversize road sections, and facility costs listed in Subsections M through P have been removed from the project costs.

I. Agriculturally zoned improvements.

(1) Land zoned A-1 or zoned A-2 and complies with the farmland preservation criteria as defined in Ch. 91, Wis. Stats., shall be assessed in accordance with § 91.15, Wis. Stats., for eligible project costs. The stated cost of the installed improvements are deferred and are funded and held by the Village for the benefit of the property owner, until a time that the zoning changes or the farmland preservation agreement no longer apples.

(2) The rate of assessment for street construction shall be capped at no more than the cost to reconstruct a local street section as defined in the definition of "local street" in § 49-11 above.

J. Sanitary sewer, storm sewer, and water service laterals. The cost of laterals shall not be added to the assessable project costs. The total cost of all laterals installed shall be divided by the total number of laterals to produce an average cost for each type of lateral (sanitary sewer, storm sewer, and water service). Separate costs shall be established for each size of sanitary sewer and water service lateral if one more than one size is to be installed within the assessment district. The resultant lateral cost(s) shall be charged directly to each parcel within the assessment district for each type and size of lateral installed to that parcel.

K. Concrete driveway aprons.

(1) Except as provided in Subsection K(2) hereafter, the cost of concrete driveway aprons shall not be added to the assessable project costs. Each parcel within the assessment district that receives a concrete driveway apron will be charged directly for the cost of the improvement.

(2) When streets are resurfaced, and the Village determines that a portion of any concrete gutter at the base of a driveway apron must be replaced, then the costs for the removal and replacement of the gutter and the first 24 inches of the concrete apron measured from the back or curb shall be included in the assessable project costs.

L. Replacement, repair, or adjustment of existing sanitary sewer, storm sewer or water systems. The cost of replacing, repairing, or adjusting any existing sanitary sewer, storm sewer, or water main and their appurtenances shall be paid by the Village.

M. Bike lanes. The costs associated with the additional pavement width related with bike lanes shall be paid for by the Village unless it is related to a new development and required as part of the plat approval process. Section 49-16 shall apply in this instance.

N. Side paths and multiuse paths. The costs associated with the installation of side paths and multiuse paths shall be paid for by the Village unless it is related to a new development and required as part of the plat approval process. Section 49-16 shall apply in this instance.

O. Bridges. The costs associated with the installation and/or maintenance of a bridge structure shall be paid for by the Village.

P. Streetlighting. The costs associated with the installation of streetlighting as determined by the Village Board shall be paid for by the Village.

§ 49-14 Assessable footage.

Assessable footage is equal to the total number of feet that a parcel of land fronts upon the right-of-way or easement in which the public work or improvement is to be installed. For assessment purposes, assessable footage shall be determined as follows:

A. Platted lands. If the parcel of land to be assessed has been platted under § 236, Wis. Stats., the lot line dimensions shown on the certified survey map or subdivision plat shall be used to determine assessable footage.

B. Unplatted lands. If the parcel of land to be assessed is not platted, and if no accurate plat of survey or other record is available which indicates the dimensions of the parcel, assessable footage shall be determined by scaling or field measurement, with said assessable footage subject to field verification upon completion of the project.

C. Corner lots. The following special provisions shall apply to corner lots:

(1) Corner lots when both sides are to be improved. The assessable footage of a corner lot is equal to the sum of the dimensions of the two lot lines fronting on the right(s)-of-way or easement(s) in which the public work or improvement is to be installed plus the arc of the intersection of the same two lot lines.

(2) Corner lots when only one side is to be improved. The assessable footage shall be calculated in the manner described in Subsection C(1) except that only the dimension of the lot line which fronts on the right-of-way or easement in which the public work or improvement is to be installed shall be used plus 1/2 of the arc of the intersection of said lot line with the lot line fronting on the second right-of-way.

(3) Where the dimension of the arc on a corner lot is not available or cannot be determined, the tangent, radius, or a field measurement may be substituted.

D. Minimum assessable footage. If the assessable footage of a parcel is determined to be less than 80 feet, then said parcel shall be considered to have an assessable footage of 80 feet.

E. Maximum assessable footage: improvements to rural road sections. If the assessable footage of a parcel is determined to be more than 150 feet, then said parcel shall be considered to have an assessable footage of 150 feet. The foregoing maximum assessable footage provision applies only to parcels located within an assessment district where a rural road section is being reconstructed or improved, but will remain a rural road section. The Village shall pay the costs for said reconstruction or improvement on any footage exceeding 150 feet on any parcel within the assessment district.

F. Full assessment. Except as specified in Subsection G of this section, any time storm sewer, sanitary sewer or water services are extended in such a manner so as to allow a parcel of land to connect to or benefit from such services, that parcel's assessable footage shall be calculated in the manner specified in Subsections A through D of this section regardless of whether the storm sewer, sanitary sewer or water service mains are physically installed along the entire length of that parcel of land. Any parcel of land so assessed shall be deemed fully served and shall not be subject to any further assessment for storm sewer, sanitary sewer or water service mains.

G. Partial assessment. An assessment shall be considered partial when any public work or improvement is installed which is intended to serve only a portion of a parcel of land, given that such parcel may be further subdivided, and such subdivision would then require further extension of services at that time in order to serve said parcel. In such cases, the assessable footage of the parcel of land partially served shall be equal to the actual footage of the public work or improvement installed within the right-of-way or easement upon which the parcel fronts. In no case, however, shall the assessable footage be less than 80 feet as provided for in Subsection D of this section. Any parcel of land assessed in accordance with this subsection shall be considered partially served and shall be fully subject to future assessments for additional extensions of public works or improvements.

§ 49-15 Assessment credits.

When the per-foot method of assessment is used, certain properties are eligible for assessment credits. Any assessment credit granted reduces the total assessable footage within the assessment district for the purposes of cost computation unless otherwise specified by this article or by the Village Board, in which case, the Village shall pay the cost of the assessments for the credited area. Assessment credits will be provided as follows:

A. (Reserved)[1]

[1] Editor's Note: Former Subsection A, regarding corner lots, was repealed 3-22-2023 by Ord. No. O-2023-06.

B. Through lots. Through lots shall be assessed for public works or improvements which are installed in the street right-of-way from which the property is served with street access, sanitary sewer, storm sewer, and water service, as applicable. Through lots will not be assessed for any public works or improvements installed within the second street right-of-way except as provided for in Subsection B(1) and (2) hereafter.

(1) Through lots which could be subdivided to create a legal zoning lot which would abut the second street right-of-way may be assessed for those services.

(2) Through lots that may utilize and benefit from a public work or improvement on a second street right-of-way shall be assessed for that public work or improvement.

C. Nonbenefiting property. If the Village Board determines that a natural or man-made feature or obstruction has prevented a parcel from being subdivided to create the maximum number of zoning lots that would have been possible had the feature or obstruction not been present, the assessable footage of that parcel may be reduced as follows:

(1) A map of the affected parcel shall be prepared which lays out the potential features or obstructions. Such features and obstructions may include creeks, ravines, floodplains, steep embankments, large public utility easements, or place of public access.

(2) In the event that a parcel has an existing habitable structure, and the remaining frontage is less than the minimum zoning lot width, the parcel shall be assessed the minimum zoning lot width applicable to that zoning.

(3) The map prepared in accordance with Subsection C(1) above will be compared to the actual topography of the site. The parcel shall receive a credit for the portion of the feature or obstruction that lies within the parcel.

(4) No credit under this section will be granted if the Village Board determines that the feature or obstacle which prevents further subdivision of the parcel was intentionally created by the property owner.

(5) If in the judgment of the Village Board there is a reasonable belief that the portion of the parcel for which a credit is to be granted under this section may eventually be developed, no credit shall be given, and a deferred assessment shall be placed against the property instead that shall only become due if said portion of property is issued a building permit, subdivided, or is provided a connection to sanitary sewer, water, or storm sewer utilities. If such a deferred assessment is granted, then the Village shall initially pay the cost of the assessments which are to be deferred.

§ 49-16 Special provisions for developers.

Any person, partnership, corporation or other similar entity who requests that the Village extend or install public works or improvements for the purpose of developing one or more parcels of land under their control or ownership is considered a developer and subject to the following special provisions:

A. No new subdivision or development located within the sewer service area will be permitted without sanitary sewers, water mains, curb and gutter, blacktop or concrete streets and storm sewers or other approved drainage conveyances, unless the Village Board determines that installation of one or more of the foregoing improvements is not necessary to serve the public interest.

B. All public works and improvements to be installed within the rights-of-way and easements of the Village shall be designed by the Village Engineer and installed by approved construction contractors selected in accordance with applicable Wisconsin Statutes and Village contracting policies.

C. Prior to the installation of any approved public works or improvements, the developer must enter into an agreement with the Village that provides the terms of payment for the improvements to be installed.

D. Prior to the installation of any approved public works or improvements, the developer must deposit with the Village an instrument of security as may be acceptable to the Village, which will guarantee full payment to the Village for the public works and improvements to be installed for the developer's benefit.

E. The developer shall pay for the total cost of any municipal work or improvement installed, to include associated engineering, inspection, and administrative expenses, except for oversized streets and oversized storm sewer, sanitary sewer, and water service mains as provided for in § 49-13A through F, and except as provided for in Subsection F hereafter.

F. The developer shall pay all costs for oversized streets and oversized storm sewer, sanitary sewer, and water service mains if the Village Board determines that the requirement for such oversized streets and oversized pipes is directly attributable to and for the principal benefit of the development, and such oversized streets and pipes would not otherwise be required to provide capacity for future development to be served utilizing the same infrastructure.