There is hereby created and established a Sidewalk Utility within
the City of Edgerton, effective October 17, 2022. The entire operation,
charge and management of the Sidewalk Utility are vested in the City
Council, pursuant to applicable state law. The Director Public Works
shall supervise and manage the Sidewalk Utility as directed by the
Public Works Committee.
The City, acting through the Sidewalk Utility, may, without
limitation due to enumeration, acquire by gift, purchase, eminent
domain, condemnation or otherwise, construct, lease, own, operate,
maintain, improve, update, modify, extend, expand, replace, repair,
manage, finance, borrow monies, assess and/or levy fees for such facilities,
operations, maintenance and activities as are deemed, from time to
time, by the City to be proper and reasonably necessary for a sidewalk
system. These facilities may include, without limitation due to enumeration,
sidewalks, ramps, retaining walls, multipurpose trails and such other
facilities as will support a sidewalk management system.
For purposes of this article, the following definitions shall
apply. Words used in the singular shall include the plural, and the
plural, the singular; words used in the present tense shall include
the future tense; the word "shall" is mandatory and not discretionary;
the word "may" is permissive.
CHARGE
The periodic or other fee imposed under this article for
the rendering of sidewalk utility services by the City.
DEVELOPED PROPERTY
A.
A certificate of occupancy has been issued for a building or
structure on the property or, if no certificate of occupancy has been
issued, upon substantial completion of construction or final inspection;
B.
Construction of an improvement on the property is at least 50%
completed and such construction has ceased for a period of at least
three months, whether consecutive or not;
C.
Structures have not been constructed on the parcel but the improvements
such as streets have been installed and the parcel could be sold for
development without further division, but the parcel is not subject
to a development agreement; or
D.
The property has public sidewalk installed.
DIRECTOR
The Director of Public Works or his/her designee.
DUPLEX
Any residential property having two dwelling units.
DWELLING UNIT
A room or group of rooms, designed or used as living quarters
for one family only. Individual bathrooms and complete kitchen facilities,
permanently installed, shall always be included for each dwelling
unit.
EQUIVALENT UNIT or EU
The basic unit by which a sidewalk charge is calculated under
this article and is based upon the frontage as reasonably determined
by the City. The term "EU" means the statistical average frontage
of single-family homes within the City of Edgerton on the date of
adoption of this article. One EU is established as 100 linear feet
of frontage.
FRONTAGE
The side of a lot abutting on a public street(s) or way(s).
MULTIUSE TRAIL
Transportation infrastructure that serves pedestrians and
nonmotorized vehicles including, but not limited to, in-line skates
and electric or pedal bicycles.
MULTIFAMILY UNIT
Any residential property comprised of three or more dwelling
units.
NEW SIDEWALK
The installation of sidewalk where no sidewalk was previously
installed.
NONRESIDENTIAL PROPERTY
A lot or parcel of land, with improvements such as a building,
structure, grading or substantial landscaping, which is not a residential
property, excluding publicly owned rights-of-way, recreational trails,
and publicly owned or privately owned railbeds utilized for railroad
transportation. This term includes mobile home parks. This term includes
mixed use parcels that contain dwelling units and nonresidential uses.
PERSON
Each and every property owner and includes, but is not limited
to, natural persons, partnerships, corporations, limited-liability
companies, limited-liability partnerships, joint ventures, and all
other legal entities of whatever kind or nature.
PUBLIC SIDEWALK or SIDEWALK
A paved pathway for pedestrians that is publicly owned located
in a public right-of-way easement, that is maintained by the adjacent
property owner.
RESIDENTIAL PROPERTY
A lot or parcel of land developed exclusively for residential
purposes, including single-family units, duplexes, and multifamily
units. The term excludes transient rentals (such as motels and hotels)
and mobile home parks.
SIDEWALK UTILITY
The City-owned-and-operated utility established under this
article for the purpose of managing public sidewalk related improvements
and property and imposing charges for the recovery of costs connected
with such sidewalk management.
UNDEVELOPED PROPERTY
Real property that may have the following characteristics,
but may have other traits that make it undevelopable: property that
is not developed by the addition of an improvements such as a building,
structure, impervious surface, grading, substantial landscaping; property
that has not been platted for development; or property that cannot
be developed due to constraints such as wetland. If the property has
a public sidewalk, the parcel is considered developed and is subject
to sidewalk utility charges.
The Sidewalk Utility finances shall be accounted for in a separate
Sidewalk Utility Enterprise Fund by the City. All income and revenues
shall be retained by the Sidewalk Utility Enterprise Fund. The Sidewalk
Utility shall prepare an annual budget, which may include all operation
and maintenance costs, debt service and other costs related to the
operation of the Sidewalk Utility. The annual budget is subject to
approval by the City Council. The City shall require that adequate
revenues are generated through user fees to provide for a balanced
operating budget.
The Sidewalk Utility billing schedule shall coincide with the
billing schedule for the Edgerton Water Utility. Sidewalk Utility
charges shall be due and payable to the City Treasurer at the same
time that the Water Utility bills are payable. Sidewalk Utility charges
shall be mailed to the designated utility bill recipient. This mailing
shall not relieve the owner of the property from liability for rental
property in the event the payment is not made as required by this
article. The owner of the property served which is occupied by tenants
shall have the right to examine collection records of the City for
the purpose of determining whether such charges have been paid for
by such tenants, provided that such examination shall be made at the
office at which records are kept and during the hours that such office
is open for business.
Credits may be available to individual nonresidential property owners. It shall be the burden of the nonresidential property owner to request such a credit and to demonstrate to a reasonable degree of certainty with evidence that a fee adjustment is warranted. All applications with an accompanying $50 fee for credit shall be reviewed by the Director and the Director may reduce the measured frontage after taking into consideration the demonstrated justification. A denial or revocation of a credit may be appealed in accordance with §
366-70.