[Adopted 3-1-1993 by Ord.
No. 2-93 (§§ 4.10 and 4.11 of the
1993 Municipal Code)]
A.
Alternative procedure. In addition to other methods provided by law, special assessments for any public work or improvement or any current service may be levied in accordance with the provisions of this section and § 55-20.
B.
Amounts, installment payments, interest, and terms. Whenever the
City Council shall determine that any public work or improvement or
any current service 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 of which any of
such assessments may be deferred while no use of the improvement is
made in connection with the property.
C.
Section 66.0703, Wis. Stats., applies. The provisions of § 66.0703, Wis. Stats., shall apply to special assessments levied under this section except that, when the City Council determines by resolution as provided in § 55-19B that the hearing on such assessments shall be held subsequent to the completion of the work or improvement or the rendition of the service, the report required by § 66.0703(5) shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of such cost.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Notice of public hearing. Notice of the time and place of the public
hearing on any special assessment proposed to be levied and notice
of the final assessment and terms of payment thereof shall be given
by mail to every person whose property is affected by such assessment
and whose mailing address can be determined with reasonable diligence.
E.
Lien. Any special assessment levied under this section shall be a
lien against the property assessed from the date of the final resolution
of the City Council determining the amount of such levy.
F.
Appeals. The provisions of § 66.0703(12), Wis. Stats.,
relating to appeal shall apply to any special assessment levied under
this section.
[Amended by Ord. No. 97-12; Ord. No. 17-13; Ord. No. 18-94]
A.
Purpose. The purpose of this article is to provide payment for the
construction, reconstruction, improvement and preservation of the
sidewalks, driveway approaches, streets, curbs, gutters, sewer and
water mains in the City by the levy of Special Assessments therefor
upon various classes of real estate, in a fair and equitable manner,
through the application of a variety of formulas. All such levies
shall be grounded in the exercise of the police powers of the City.
No levies shall be grounded in the special assessment district concept,
such as described in § 66.0829, Wis. Stats.
B.
Special assessment procedures. Pursuant to § 66.0701 of
the Wis. Stats., the City adopts and makes part of this article by
reference and incorporates the procedures for levying Special Assessments
as contained in § 66.0703 of the Wis. Stats. with the exception
that paragraphs (8)(c), (8)(d), and (8)(e) of § 66.0703
are modified as follows:
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(8)(c) When the governing body decides to proceed with construction,
it shall approve the plans and specifications therefor and adopt a
resolution directing that such work or improvements are carried out
according to the report as finally approved.
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(8)(d) The City of Edgerton may adopt the final resolution to
levy the Special Assessments either (1) before the work is begun or
(2) after the work is completed and actual project costs have been
determined.
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The final resolution shall list the cost of the Special Assessment
levied against each property benefitted by the improvement. The City
Administrator shall publish the final resolution as a Class 1 notice,
under Ch. 985, in the assessment district and a copy of such resolution
shall be mailed to every interested person whose post office address
is known, or can be ascertained with reasonable diligence.
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(8)(e) When the final resolution is published, all awards, compensations
and assessments arising therefrom are deemed legally authorized and
made, subject to the right of appeal under sub. (12).
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C.
Assessment formula, general.
(1)
The assessment shall be made on the adjusted front footage formula.
In such formula, odd-shaped lots and cul-de-sac lots are adjusted
to an average frontage equivalent to the frontage of a rectangularly
shaped lot of the same depth. The adjusted front footage method considers
the depth and shape, and frontage, on the street improved. The following
plat example illustrates how the method is used in practice.
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Lot A corner lot: assessable footage equals the longest frontage
of the property plus one-half of the shorter frontage.
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Lot B 80 feet by 120 feet adjusted front footage 80 feet
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Lot C 60 feet by 120 feet adjusted front footage 60 feet
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Lot D 60 feet by 120 feet adjusted front footage 60 feet
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Lot E 6,600 square feet adjusted front footage 55; 120 feet
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Lot F 5,400 square feet adjusted front footage 45; 120 feet
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Lot G 4,600 square feet adjusted front footage 38.33; 1,200
feet
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Lot H 8,000 square feet adjusted front footage 66.66; 120 feet
(square footage amounts for Lots G and H are estimates)
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(2)
In the adjusted front footage formula in § 55-20C(1), the lot depth figure of 120 feet has been used in the calculations. The figure of 120 feet is the average depth of lots in the City. However, in applying this formula to a specific block, the actual denominator used in the formula shall be the apparent general lot depth of the block in which the lot is situated or 120 feet, whichever is less. Such apparent lot depth shall be decided by the Public Works Committee and included in the schedule of the proposed assessments required by § 66.0703, Wis. Stats., subject to the usual control of the City Council, set forth in the cited section of the statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Applying the adjusted front footage formula. One hundred twenty feet
will be used throughout this section as the denominator for purposes
of explaining the application of the formula.
(1)
Odd-shaped lots. For odd-shaped lots, such as found on cull-de-sacs
or triangular intersections, etc., the adjusted front footage is computed
by dividing the area of the lot, up to a maximum distance of 120 feet
from the street where the improvement is to be installed, by 120 feet.
(2)
Approximately rectangular lots. For a lot that is approximately rectangular,
the adjusted front footage is computed by averaging the front and
back sides of the lot. If the lot is deeper than 120 feet, the width
at the 120-foot depth is used for the back lot line. This method is
limited to where the divergence between the front and rear lot lines
is five feet or less.
(3)
Rectangular lots. For all normal rectangular lot, the adjusted front
footage is the actual front footage of the lot, using the 120-foot
denominator.
(4)
Shallow lots. For rectangular lots under 120 feet in depth, the adjusted
front footage is determined by dividing the actual lot area by 120
feet.
(5)
Neck lots. For lots that have a small frontage on a street, with
a narrow strip running back 120 feet more or less, an adjusted front
footage is determined by dividing the actual lot area by 120 feet.
(6)
Corner lots. Corner lot assessment is an exception to the rule. The assessable footage for corner lots shall be pursuant to § 55-20C(1). In those areas where the property lines of a corner lot meet with an arc rather than at a point, the frontage shall be computed as one-half the area measurement plus the measurement of the improved side.
(7)
Double frontage lots. (See Lot B in chart.) A double frontage lot
assessment is an exception to the rule. Its assessment shall be before
the first side served. The assessment shall be computed on the adjusted
front foot method that conforms to the shape and size of the lot,
except that if the lot is capable of division on a line roughly parallel
to either of the abutting streets, into two or more lots upon which
two or more principal buildings could be erected according to the
regulations of the Zoning District in which the lot is located, the
assessment shall then be for both sides when served and at the adjusted
front foot formula as conforms to the size and shape of the resulting
"lot(s)." Any variance that may be granted by the Zoning Board of
Appeals will be excluded from consideration in calculating lot division
for purposes of assessment under this section.
E.
Determination of assessment cost for new street construction.
(1)
The assessment for the initial installation of street and pavement construction (see elsewhere in this code for repair, reconstruction, replacement or widening assessment methods) shall be computed by multiplying the adjusted front footage, as provided in § 55-20C(1), by the base charge per foot, as provided in § 55-20C(2), as established from time to time by the City Council. The assessment for the initial installation of curb and gutter shall be calculated as described above for streets except that 50% of the cost of initial installation of curb and gutter will be paid by the Stormwater Utility. Said assessment shall apply to residential, business and industrial property.
[Amended 8-7-2023 by Ord. No. 23-15]
(3)
Annual review cost per foot. Each year, before introduction of the resolution authorizing letting of bids on public construction under this article, the Public Works Committee shall establish a flat fee per foot to be levied pursuant to § 55-20C(1) and (2). In no case may such flat fee exceed the maximum cost of construction allowed under § 66.0703, Wis. Stats.
[Amended 7-17-2023 by Ord. No. 23-10]
F.
Repair and reconstruction of existing improved streets.
(1)
Residential, business and industrial assessment. The cost for street
reconstruction shall be paid 100% by the City on all streets previously
specially assessed when initially constructed. Funds shall be appropriated
from taxes levied on all City properties.
G.
Drive approach construction.
(1)
Residential, business and industrial drive approaches. Driveway approaches
being constructed or reconstructed must meet the grade and construction
requirements set forth by the Public Works Director and/or the City
Engineer.
(2)
New construction and reconstruction of drive approaches will be paid
for as follows:
[Amended 8-7-2023 by Ord. No. 23-15]
(a)
When roadwork is to be done by a City-issued contract, the replacement
cost of the approach and the sidewalk area of the approach will be
100% paid for by the City.
(b)
New or reconstructed approaches can be contracted by the property
owner, in which case the property owner is responsible for 100% of
the costs of the approach.
(c)
When work is to be done on a drive approach that is contracted
by the property owner and involves the sidewalk area of the approach,
the property owner is responsible for 100% of the sidewalk work abutting
the approach.
H.
Sidewalks, new construction and reconstruction.
(1)
Except as provided in Subsection H(7), the City does not require sidewalks on all paralleling City streets unless the City Council deems necessary a sidewalk for public safety and/or public convenience. All sidewalks constructed or reconstructed within the City limits must meet the grade and construction requirements set forth by the Public Works Director and City Engineer.
(2)
Sidewalks currently existing in the City shall not be permitted to
be removed by the abutting property owner.
(4)
The repair of sidewalks will be determined by the Public Works Director.
The following guidelines can be used to determine if a sidewalk should
be repaired:
(a)
The elevation of adjoining sidewalks or cracks is equal to or
greater than 3/4 inch in height.
(b)
Sidewalk cracks which are equal to or greater than 1/2 inch.
(c)
Spalling has occurred which has created a depression greater
than 1/2 inch. Spalling is defined as chipped or splintered condition
of a sidewalk square.
(d)
A noticeable change or distortion in the constant grade has
occurred.
(e)
There has been temporary sidewalk repair.
(5)
Sidewalk width shall be a minimum of four feet throughout the City.
(6)
Sidewalks in business districts shall be from the building of the
business to the curb.
(7)
New sidewalk construction on streets undergoing repairs.
(a)
If a street is approved for reconstruction, new sidewalk shall
be installed on all properties that do not have sidewalk at the time
of street reconstruction. Reconstruction is defined as a project in
which more than 50% of the curb is being replaced or curb will be
installed on more than 50% of the street frontage. In cases where
no curb exists, sidewalk shall be installed where the street surface
is being removed or replaced. Reconstruction does not include street
sealing, patching or overlaying the existing surface.
(b)
The Council may make an exception to this requirement for those properties that have significant physical restrictions. Physical restrictions include but are not limited to steep slopes where very large retaining walls would be required or significant grading would be required out of the right-of-way; lots that have a public street in the front and rear of the property that already have sidewalk on the front side [such as a lot described in § 55-20D(7)]; streets with mature trees that would clearly be damaged by sidewalk construction; or streets that do not have available right-of-way. The City Council will make the determination if there is a physical restriction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
I.
Determination of assessment cost for street reconstruction on streets
not previously assessed.
J.
Determination of assessment cost for sanitary sewer, lift station,
water main construction and booster stations.
(1)
General method of determining cost for sanitary sewer and water main construction. The amount to be levied against an abutting property shall be determined by multiplying the adjusted front footage pursuant to § 55-20C(1) and (2). Said levy shall apply to the individual parcel abutting the street or right-of-way to be improved or so improved by the assessable cost per foot, which is determined by dividing the total cost of the project for the blocks, block, or part thereof by the total number of feet of assessable frontage on both sides of the street.
(a)
The total cost of the project may include, but shall not be
limited to all construction and excavation costs including rock removal
and supplementary bedding, dewatering costs, and survey, inspection
and engineering costs if applicable and so authorized.
(2)
Exceptions.
(a)
Cost based on eight-inch mains. Assessments for sanitary sewer
and water mail construction shall be based upon the cost of installation
of eight-inch mains, notwithstanding larger pipe actually installed.
(b)
Corner lots. The assessable frontage shall be determined by
the average of the frontage of both the long and short sides.
(3)
Lift stations. Lift stations may be fully or partially assessed to
the properties of the area that they serve. The assessments shall
be levied in districts served by lift stations and are based on present
and future capital, operational and maintenance costs as recommended
by the City's Utility Commission.
(4)
Booster stations. Booster stations may be fully or partially assessed
to the properties of the area that they serve. Booster stations may
be assessed by the area method. The assessments shall be levied in
districts served by booster stations and are based on present and
future capital, operational and maintenance costs as recommended by
the City's Utility Commission.
K.
Territory improvement charge.
(1)
Customer-financed improvements: where the City Council is unwilling
to make a special assessment, improvements shall be made on a customer-financed
basis. The City must approve the type, size, and location of public
works or improvements to be installed by this method in accordance
with the City of Edgerton Code.
(2)
Sizing of improvements. It is the policy of the City that improvements
are sized to accommodate the ultimate development of a watershed or
entire area in the service network. Some of the improvements made
by the customer who financed the infrastructure, referred to as the
"original customer," may benefit other property owners, referred to
as "new customers." It is also the policy of the City that the original
customer design and pay for the improvements to accommodate the development
of the water shed area. Under some unusual circumstances, however,
such as the installation of a regional stormwater basin, the City
may consider requiring new customers pay the original customer for
a portion of the cost of the improvements.
(3)
New customers and refund. The City Council may agree, through an
approved written agreement with the original customer, to require
a contribution from each new customer equal to that which could have
been assessed under a special assessment. The development period during
which refunds shall be made shall be limited to 20 years.
(4)
Limit of improvement. When an improvement beyond an existing improvement
is required to serve a new customer, the new improvement shall be
considered as an entirely new project.
L.
Service laterals required. Prior to the improvement of City street
by the installation of curb, gutter, pavement or other permanent surfacing,
utility laterals and service pipes shall be laid from the mains or
utility tunnels to the abutting property. Where the work is done by
City forces or by public contract let by the City, the cost of such
installation shall be borne 100% by the property served. Extended
time for payment, if any, shall be the same as for the street improvement.
The City shall follow the procedures of § 66.0703, Wis.
Stats., as to notice, plans, estimates and levies for special assessment
for the work.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
M.
Assessment paid by installments.
(1)
Special assessment of the improvements provided for in this article
may be paid over a period of five years following the year of installation.
(2)
Special assessments for the improvements provided for in this article
may be paid over a period in excesses of five years only in those
instances where the City Council finds it to be in the public interest
to construct a project and impose special assessments for the improvement
upon real estate whose present or foreseeable use in the immediate
future is to directly related or depended upon the improvements.
N.
Assessment prior to annexation.
(1)
As a condition of annexation, and prior to action by the City Council
on any proposed annexation ordinance, a tender must be made to the
City for unremunerated improvements made by the City from which benefits
have accrued to the property petitioned or would have been received
by such property but for the fact that said land was outside of the
City when the improvements were made.
(2)
Such tender must be made in cash, agreed to on an installment basis
in accordance with City policies in effect at the time of such request
for annexation, or, at the City's prerogative, an agreement may be
entered into providing for payment.
(3)
The benefits which must be paid are those which could have been assessed
on a special assessment basis, whether under the police power or under
the special benefit procedures, had the area to be considered for
annexation been in the City at the time the improvements were made,
and include but are not limited to new street construction, curb and
gutter, sanitary sewer, water main, and any other improvements.
(4)
Should the annexation ordinance fail, said tender shall be returned
to the petitioner unless the improvements the improvements are already
benefiting the property, in which case the tender shall be retained
and enforced by the City.
