[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 3, Ch. 2, of the 2000 Code]
[Amended 6-15-2015 by Ord. No. 2015-02; 6-3-2024 by Ord. No. 2024-09]
A. 
General. In addition to other methods provided by law, special assessments for any public work or improvement may be levied in accordance with the provisions of this article.
B. 
Resolution. Whenever the Village Board shall determine that any public work or improvement shall be financed in whole or in part by special assessments levied under this article, it shall adopt a resolution setting forth such intention and the time, either before or after completion of the work or improvement, when the amount of such assessments shall be determined and levied, the number of annual installments, if any, in which such assessments may be paid, the rate of interest to be charged on the unpaid balance and the terms on which any of such assessments may be deferred while no use of the improvement is made in connection with the property.
C. 
State law. The provisions of § 66.0703, Wis. Stats., shall apply to special assessments levied under this article, except that when the Village Board determines by resolution, as provided hereinabove, that the hearing on such assessments shall be held subsequent to the completion of the work or improvement, the report required by § 66.0703(5), Wis. Stats., may contain a statement of the final cost of the work or improvement in lieu of an estimate of such cost.
D. 
Notice of hearing. Upon filing a copy of said report, the Village Clerk-Treasurer shall prepare a notice of hearing, which notice shall comply with § 66.0703(7), Wis. Stats. Such notice shall be signed by the Village Clerk-Treasurer, who shall cause the same to be published at least once in the official newspaper and shall mail a copy of such notice at least 10 days before the hearing or proceeding to every interested person whose post office address is known or can be ascertained with reasonable diligence.
E. 
Lien. Any special assessment levied under this article shall be a lien against the property assessed from the date of the final resolution of the Village Board deeming the amount of such levy.
F. 
Deferred assessments.
(1) 
In the interest of the public health, welfare and safety, it is often necessary to construct certain public improvements in areas which are undeveloped. In such cases, the Village Board may authorize that payment for such improvements should be delayed until such time as the area benefitted is ultimately developed.
(2) 
Where such condition is found, the Village Board may defer the due date of any special assessment levied on such terms and in such manner as prescribed by the Board while no use of the improvement is made in connection with the property. Such special assessment must be paid, however, within 10 years of the date of the final resolution making the levy, unless the Board permits additional time by allowing payment of the assessment in installments, in which case the assessment shall be paid within the time prescribed by the resolution permitting the installment payments.
(3) 
If the Board defers the due date of special assessments under this section, it may make an annual interest charge in accord with the interest rate determined in § 52-19G, which charge shall be added to the total assessment for each full year (or prorated portion thereof) of deferment.
(4) 
Any special assessment deferred under this section shall be a lien against the property assessed from the date of the resolution making the levy. Whenever the due date of a special assessment shall be deferred under this section, a notice shall be sent to each interested person whose post office address is known, or can with reasonable diligence be ascertained, substantially as follows:
DEFERRED ASSESSMENT NOTICE
Notice is hereby given that the special assessments for the improvements of (describe the improvement) have been determined as to your parcel of real estate which is affected thereby, and a statement of the same is on file with the Village Clerk-Treasurer. It is proposed to defer payment of the same on the following terms: (here insert interest per annum, period of deferment, whether installments are permissible following termination of deferment, etc.).
G. 
Interest rate and special assessment payment plan.
Special assessments shall be paid in full, or in annual installments. Assessments also may be prepaid, partially or in whole, at any point during the installment schedules specified below. The number of annual installments in which a special assessment is to be paid will be determined in the Preliminary Special Assessment Resolution, based on the total amount of the special assessment, and in accordance with the following:
(1) 
If the special assessment is less than $400, the special assessment shall be paid in one payment, within 90 days of completion of the project.
(2) 
If the special assessment is at least $400.01 to $1,500, the special assessment shall be paid in five annual installments, as determined in the preliminary special assessment roll, subject to the right to prepay as set forth above.
(3) 
If the special assessment is at least $1,500.01 to $10,000, the special assessment shall be paid in 10 annual installments, as determined in the preliminary special assessment roll, subject to the right to prepay as set forth above.
(4) 
If the special assessment is at least $10,000.01, the time period for payment shall be determined by the Village Board in the Final Resolution imposing special assessments. In no event, shall the special assessment installments be for a period longer than 20 years.
(5) 
The rate of interest on the outstanding balance shall be 1.5% greater than the Village's rate of interest on any bonds issued to finance the project, or in the event no bonds are issued, then 1.5% greater than the average rate of interest on all similar bonds issued in the previous calendar year.
(6) 
All special assessments are due and payable in full upon the division of the property (plat or certified survey map) or connection to the improvement for which the special assessment was made.
(7) 
The first installment shall include a proportionate part of the principal of the special assessment determined by the number of installments, together with interest. Said interest rate shall be computed for a period of one year from the date of the notice herein provided for, and each subsequent installment shall include a like proportion of the principal and one year's interest upon the unpaid portion of such assessment.
(8) 
The first installment shall be entered in the first tax roll prepared after said installments shall have been determined as a special tax on the property upon which the special assessment was levied, and thereafter this tax shall be treated in all respects as any other municipal tax. One of the subsequent installments shall be entered in a like manner and with like effect in each of the annual tax rolls thereafter, until all are levied.
(9) 
If any installment so entered in the tax roll shall not be paid to the Village Clerk-Treasurer with the other taxes, it shall be returned to the county as delinquent and accepted and collected by the county in the same manner as delinquent general taxes on real estate.
H. 
Statutory provisions. The provisions of §§ 66.0703(12) and 66.0701(2), Wis. Stats., relating to appeal shall apply to any special assessment under this article.
[2-3-2014 by Ord. No. 2014-02;6-15-2015 by Ord. No. 2015-02 8-19-2019 by Ord. No. 2019-10]
A. 
Request in writing.
(1) 
Any person desiring the extension of the sanitary sewer system to service property owned by him shall file a written request therefor with the Village Clerk-Treasurer stating the location and length of the requested extension and the names of the owners of real estate along which such extensions shall extend.
(2) 
A sanitary sewer main extension may also be initiated by action of the Village Board.
B. 
Procedures. When an extension of a sewer main is approved, the Board may levy special assessments against the benefitted property following the procedures outlined in § 52-19 of this article and the cost schedules set forth below.
C. 
Sewers and manholes.
(1) 
The total cost of sewers and manholes shall be funded by the Village Sewer Utility.
(2) 
The Village Sewer Utility shall pay for the crossing of road intersections. This subsection shall not apply to extension of sewer mains in new subdivisions.
(3) 
The property owner shall pay for the laterals serving his property. The expense of laying service pipe from the main to the property line and of connecting such service pipe to the main shall be charged also to the property owner.
(4) 
The Village Sewer Utility shall pay for lift stations and force mains. This subsection shall not apply to lift stations and/or force mains in new subdivisions or new service areas.
(5) 
Any property owner petitioning for a sewer extension may be required to pay all special assessments in full for intervening properties. This payment is to be made before construction starts. The amount paid will be refunded to the petitioner as the special assessments are paid by the intervening (benefitted) property owners. Any interest paid on said assessments shall also be refunded to the petitioner.
(6) 
There shall be sanitary sewer connection charges pursuant to § 400-93 of the Village Code.
(7) 
Any property owner who has filed a written request, as of the date of passage of this article, for the extension of the sanitary sewer system shall pay the sewer connection charges in existence as of the date of his request for such extension.
(8) 
Property owners developing a property shall extend sanitary sewer facilities to the property lines if, at the time of application for a building permit, sewer facilities will become available to an adjacent property within a period of 10 years as determined by the Director of Public Works.
(9) 
Property owners shall extend water supply facilities to the limits of the property lines if, at the time of application for a building permit, water supply facilities will become available to an adjacent property within a period of 10 years as determined by the Director of Public Works.
[Amended 2-3-2014 by Ord. No. 2014-02; 6-15-2015 by Ord. No. 2015-02]
A. 
Request in writing.
(1) 
Any person desiring the extension of the water system to service property owned by him shall file a written request therefor with the Village Clerk-Treasurer stating the location and length of the requested extension and names of the owners of real estate along which such extensions shall extend.
(2) 
A water main extension may also be initiated by action of the Village Board.
(3) 
When an extension of a water main is approved, the Board may levy special assessments against the benefitted property following the procedures outlined in § 52-19 of this article and the cost schedules set forth below.
(4) 
Where the cost of the extension is to immediately be collected through special assessment by the Village against the abutting property, § 66.0703, Wis. Stats., will apply, and no additional customer contribution to the Utility will be required.
(5) 
Where the Village is unwilling or unable to make a special assessment, the extension will be made on a customer-financed basis as follows:
(a) 
The applicant(s) will advance as a contribution in aid of construction the total amount equivalent to that which would have been assessed to the property under Subsection A(4).
(b) 
Part of the contribution required in Subsection A(5)(a) will be refundable. When additional customers are connected to the extended main within 10 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A(4) for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contribution received from additional customers exceed the amount which would have been required under Subsection A(4), nor will it exceed the total assessable cost of the original extension.
(6) 
When a customer connects to a transmission main or connecting loop installed at the Utility's expense within 10 years of the date of completion, there will be a contribution required of an amount equivalent to that which would have been assessed under Subsection A(4).
(7) 
Subdivision developers shall be responsible, where the main extension has been approved by the Utility, for the water service lateral installation costs from the main through the curb stop box. When the cost of a utility main extension is to be collected through special assessment by the municipality, the actual average water lateral installation costs from the main through the curb stop box shall be included in the special assessment of the development or an assessable utility extension will be installed from the main through the curb stop box by the Utility, for which the actual cost will be charged.
(8) 
Application for installation of water mains in regularly platted real estate development subdivisions shall be filed with the Utility. If the developer, or a contractor employed by the developer, is to install the water main (with the approval of the Utility), the developer shall be required to advance to the Utility, prior to beginning of the construction, the total estimated cost of the extension. If final costs exceed estimated costs, an additional billing will be made for the balance of cost due. This balance is to be paid within 30 days. If final costs are less than estimated, a refund of the overpayment will be made by the Water Utility.
B. 
Water improvements.
(1) 
The total cost of replacement water mains, lines, valves, services and laterals, including the curb stop, shall be funded through the Village Water Utility. The cost of replacement laterals or services from the curb stop to the building shall be paid for by the property owner. This subsection shall not apply to water mains in new subdivisions or new service areas.
(2) 
Hydrants and leads shall be paid by the Village Water Utility. This subsection shall not apply to hydrants and leads in new subdivisions.
(3) 
New water main valves shall be included in the assessment.
(4) 
The Village Water Utility shall pay for all water mains and valves in street intersections. This subsection shall not apply to mains or valves in new subdivisions.
(5) 
Any property owner petitioning for a water extension may be required to pay all special assessments in full for intervening properties. This payment is to be made before construction starts. The amount paid will be refunded to the petitioner as the special assessments are paid by the intervening (benefitted) property owners. Any interest paid on said assessments shall also be refunded to the petitioner.
All storm sewer costs shall be paid by the Village except as otherwise provided in this Code of Ordinances. All storm sewer costs in new developments shall be paid by the developer pursuant to Chapter 495, Subdivision of Land.
The Village shall pay for all the costs associated with the repair and/or replacement of hard surface pavement on existing streets.
[Amended 6-3-2024 by Ord. No. 2024-09]
A. 
New streets shall be graded to full width and the roadway graded to subgrade width of 36 feet and surfaced with gravel at least 10 inches thick and 32 feet wide and spread in accordance with state highway specifications. All new streets shall have, as a minimum, oil seal coating or a three-inch asphalt mat. The cost for new streets may be specially assessed to specially benefited properties in accordance with this article.
B. 
Ditch slopes, cut and fill slopes, and curb and gutter, where necessary and required by the Village Board, shall be done in an approved manner as required by the Village Board. The Village shall pay for all costs associated with these improvements.
C. 
This section shall not apply to new streets in new subdivisions, which shall be governed by Chapter 495, Subdivision of Land, of this Code.
[Amended 12-21-2020 by Ord. No. 2020-15; 6-3-2024 by Ord. No. 2024-09]
The Village shall be responsible for all costs associated with installing new curb and gutter. Except where damage is caused by the property owner, or a third party acting on behalf of the property owner, the Village shall be responsible for all costs associated with the repair and replacement of curb and gutter. Curb and gutter in new subdivisions shall be installed by the developer pursuant to Chapter 495, Subdivision of Land, of this Code.
[Amended 6-3-2024 by Ord. No. 2024-09]
The Village shall be responsible for all costs associated with installing new sidewalks. Except where damage is caused by the property owner, or a third party acting on behalf of the property owner, the Village shall be responsible for all costs associated with the repair and replacement of sidewalks. Sidewalks in new subdivisions shall be installed by the developer pursuant to Chapter 495, Subdivision of Land, of this Code.
[Amended 6-3-2024 by Ord. No. 2024-09]
The Village shall be responsible for all costs associated with installing new driveway approaches within the Village's right-of-way where such work is necessitated by a Village project. Except where damage is caused by the property owner, or a third party acting on behalf of the property owner, the Village shall be responsible for all costs associated with the repair and replacement of driveway approaches within the Village's right-of-way where such work is necessitated by a Village project. Where the Village's installation of a sidewalk necessitates work on the property owner's driveway to, for example, accommodate a revised grade, the Village shall bear the cost of such work.
[Amended 6-15-2015 by Ord. No. 2015-02]
In accordance with § 66.0627, Wis. Stats., and in addition to any other method provided by law, special charges for current services may be imposed by the Village Board by allocating all or part of the cost of the service to the property served. Services within the scope of this section shall include but not be limited to those enumerated in § 66.0627(1)(c), Wis. Stats. The Village Board shall determine the manner of providing notice of a special charge, subject to the requirements of § 66.0627(3)(b), Wis. Stats.