[Adopted as § 13.07 of the Municipal Code]
Except as otherwise provided herein, the following sections of the Wisconsin Statutes and all subsequent revisions thereof shall be followed in levying special assessments and imposing special charges for the cost of installing and constructing any water improvement by the Village, and such statutes are adopted by reference and made a part of this article:
A. 
Section 66.0701, Special assessments by local ordinance.
B. 
Section 66.0703, Special assessments, generally.
C. 
Section 66.0705, Property of public and private entities subject to special assessments.
D. 
Section 66.0707, Assessment or special charge against property in adjacent city, village or town.
E. 
Section 66.0709, Preliminary payment of improvements funded by special assessments.
F. 
Section 66.0711, Discount on cash payments for public improvements.
G. 
Section 66.0713, Contractor's certificates; general obligation-local improvement bonds; special assessment B bonds.
H. 
Section 66.0715, Deferral of special assessments; payment of special assessments in installments.
I. 
Section 66.0717, Lien of special assessment.
J. 
Section 66.0719, Disposition of special assessment proceeds where improvement paid for out of general fund or municipal obligations.
K. 
Section 66.0721, Special assessments on certain farmland or camps for construction of sewerage or water system.
L. 
Section 66.0725, Assessment of condemnation benefits.
M. 
Section 66.0727, Special assessments against railroad for street improvement.
N. 
Section 66.0729, Improvement of streets by abutting railroad company.
O. 
Section 66.0731, Reassessment of invalid condemnation and public improvement assessments.
P. 
Section 66.0907, Sidewalks.
Q. 
Section 66.0911, Laterals and service pipes.
R. 
Section 67.16, General obligation – local improvement bonds.
The cost of installing or constructing any water improvement by the Village may be charged under this article in whole or in part to the property benefited by such work or improvement, and the Village Board may make an assessment against such benefited property in the manner provided herein.
A. 
The cost of any work or improvement to be paid in whole or in part by special assessments on property may include the direct and indirect cost thereof, the damages occasioned thereby, the interest on bonds or notes issued in anticipation of the collection of the assessments, a reasonable charge for the service of the administrative staff of the Village and the cost of any architectural, engineering and legal services, and any other items of direct or indirect cost 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 Village Board.
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 power, the assessment shall be upon a reasonable basis as determined by the Village Board.
No assessment for water main shall be levied against a parcel of land already served with a publicly owned water main, unless such parcel of land may be divided or subdivided in accordance with Chapter 445, Zoning, or Chapter 388, Subdivision of Land, in which case the assessment shall be computed according to the assessable footage of the new lots which may be created.
Assessments for water main extensions shall be levied as follows:
A. 
Assessments for water main extensions not exceeding eight inches in diameter shall be levied upon properties benefited by such improvements.
(1) 
Annually, the Village Board for the calendar year shall establish by resolution front-foot assessment rates based on the recommendation of the Public Works Commission.
(2) 
There shall be a separate front-foot assessment rate for residential properties and commercial properties with the commercial rate being 40% over the residential rate. Commercial properties shall include property used and/or zoned for B-1, B-2, M-1 and R-4 purposes, provided the R-4 property actually contains four or more family units.
B. 
Where water main extensions are larger than eight inches in diameter, the Village of Hales Corners will assume the difference between the estimated cost of installing an eight-inch water main and the actual cost of installing water main extensions greater than eight inches, and the properties benefited by such improvements shall be assessed on the basis of the estimated cost of installing an eight-inch water main.
Where water mains are located along one side of a street and the mains are so located to service only that side of the street, assessments shall be levied upon properties benefited by such improvements, and each parcel may be entitled to such deduction or exemption, if any, as the Village Board may determine to be reasonable and just under the circumstances in each case and consistent with the policy adopted by the Village Board.
All corner lots shall have an assessment formula as follows:
A. 
Regularly shaped.
(1) 
For undividable residential corner lots. The actual front footage on the short side of the lot, or the minimum lot width required by the zoning for the individual parcel, whichever is higher.
(2) 
For undividable commercial and light manufacturing corner lots. The full length of the short side plus the full length of the long side, minus a credit equal to 1 1/2 times the minimum lot width required by the zoning for the individual parcel. For commercially and light manufacturing zoned parcels where there is no required minimum lot width under the Zoning Code, the minimum lot width as applied to the credit shall be the zoning in R-1 zoning (75 feet).
(3) 
For dividable corner lots. The actual front footage on the short side of the lot plus the actual footage of the long side, minus a credit of the minimum zoning depth for the zoning district of the corner lot. For commercially and light manufacturing zoned parcels where there is no required minimum lot depth under the Zoning Code, the minimum lot depth as applied to the foregoing formula shall be the zoning in R-1 zoning (133 feet).
B. 
Unusually shaped.
(1) 
For undividable corner lots. For residentially zoned parcels, the setback line on the short side, or the minimum lot width required for the individual parcel, whichever is higher. Setback line shall be determined pursuant to the Water Main Addendum to § 354-33. For commercially and light manufacturing zoned parcels, where there is no required minimum lot width under the Zoning Code, the minimum lot width as applied to the foregoing formula shall be the zoning in R-1 zoning (75 feet).
(2) 
For dividable corner lots. For residentially, commercially and light manufacturing zoned parcels, the assessment shall be determined by the Public Works Commission consistent with the spirit of this article, subject to final approval by the Village Board.
A. 
Special assessments. Assessments for water laterals (including all time and material costs from the main line to or near the lot line) shall be levied upon properties benefited by such improvements, and shall provide for the payment of all of the cost of the work or improvement.
B. 
Construction and size. Water laterals shall be constructed from the lot line or near the lot line to the main. No water lateral shall be less than one inch in diameter.
C. 
Laterals not charged on per-foot basis. Assessments for all water laterals shall be determined by dividing the total cost of lateral installation by the number of properties receiving laterals without regard to individual footage of each lateral.
A. 
Assessment notice. Upon completion of the work or improvement for which a special assessment is levied and upon certification by the Village Engineer that such work or improvement has been completed, the Village Clerk shall bill the property owner by invoice for the full amount of the assessment. Such invoice shall notify the owner that he may elect within 30 days of the date of the invoice to pay the same in full without interest or to pay by installments with interest as hereinafter provided.
B. 
Cash payment. Payment of the assessment shall be made to the Village Clerk on or before the expiration of 30 days from the date of the assessment notice, without interest. If said amount is not paid within 30 days, it shall be placed on the tax roll for the current year, together with the interest commencing with the date shown on the assessment notice, and shall be collected with the regular taxes.
C. 
Installment payment. If the property owner should so elect, payment of the full assessment may be made in installment on a three-year plan, on a five-year plan, on a seven-year plan or on a ten-year plan as provided herein.
[Amended 4-12-1993 by Ord. No. 93-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Three-year plan. On the three-year plan, the full amount of the assessment shall be paid in three equal annual installments with real estate taxes, 1/3 each year, plus the interest on the unpaid balance. The first installment shall be due and payable with real estate taxes for the current year, which installment shall include the interest commencing with the date shown on the assessment notice; the second installment shall be due and payable with real estate taxes for the following year, which installment shall include the interest on the unpaid balance; and the final installment shall be due and payable with real estate taxes for the third year, which final installment shall include the interest on the unpaid balance.
(2) 
Five-year plan. On the five-year plan, the full amount of the assessment shall be paid in five equal annual installments with real estate taxes, 1/5 each year, plus the interest on the unpaid balance. The first installment shall be due and payable with real estate taxes for the current year, which installment shall include the interest commencing with the date shown on the assessment notice, and the remaining annual installments shall be due and payable with real estate taxes for each successive year thereafter, which installments shall include the interest on the unpaid balance to the year of payment.
(3) 
Seven-year plan. On the seven-year plan, the full amount of the assessment shall be paid in seven equal annual installments with real estate taxes, 1/7 each year, plus the interest on the unpaid balance. The first installment shall be due and payable with real estate taxes for the current year, which installment shall include the interest commencing with the date shown on the assessment notice, and the remaining annual installments shall be due and payable with real estate taxes for each successive year thereafter, which installments shall include the interest on the unpaid balance to the year of payment.
(4) 
Ten-year plan. On the ten-year plan, the full amount of the assessment shall be paid in 10 equal annual installments with real estate taxes, 1/10 each year, plus the interest on the unpaid balance. The first installment shall be due and payable with real estate taxes for the current year, which installment shall include the interest commencing with the date shown on the assessment notice, and the remaining annual installments shall be due and payable with real estate taxes for each successive year thereafter, which installments shall include the interest on the unpaid balance to the year of payment.
(5) 
Prepayment. If the property owner should so elect, payment in full of the unpaid balance, with interest to date of payment, may be paid at any time before the final installment becomes due.
D. 
Interest. Interest at an annual rate shall be determined for each project by the Village Board.
When an unassessed parcel abuts or adjoins a water main available for connection, the Village Board may permit a connection for such parcel, provided payment is made by the owner thereof for an equivalent full assessment pursuant to the provisions of this article.[1]
[1]
Editor's Note: The sewer assessment policies addendum to this section is included as an attachment to this chapter.
Situations not covered by this article in levying special assessments and situations requiring individual determinations at variance with this article for the installation and construction of public improvements in the Village of Hales Corners shall be resolved by the Village Board after receipt of the recommendation of the Public Works Commission. The Village Board shall use these special assessment policies as guidelines.
It is not intended by the enactment of this article to deprive the Village Board of any power conferred by Ch. 66, Wis. Stats., or any other chapter or home rule power vested in said Board.