The following words, terms and phrases, when used in sections 19.40.020 through 19.40.090, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
"ARDSA"
means the Anchorage Roads and Drainage Service Area of the Municipality of Anchorage as defined in AMC section 27.30.100.
"Average parcel area"
means the average area of representative non-subdividable parcels within the Road Improvement District.
"Average parcel frontage"
means the average frontage of representative non-subdividable parcels within the Road Improvement District.
"Driveway"
means the public portion of a street, alley or sidewalk improvement that requires special or different construction to match existing or provide new access to abutting property.
"Local road"
means a public road or alley within dedicated right-of-way or public use easement, which is not otherwise classified in the Official Streets and Highways Plan. Country lanes are considered local roads.
"Parcel access"
means access to a parcel from a road improved by the RID.
"Parcel area"
means the total square foot area of the parcel as identified on the municipal property tax records.
"Parcel frontage"
means the length of a parcel's property line adjacent to proposed improvements as established in the plat of record, excluding frontage with prohibited direct access.
"Primary access road"
means the road that serves as the primary vehicular public access point for a parcel.
"RID"
means a road improvement district, which is a special assessment district of the Municipality of Anchorage, created to construct or reconstruct one or more local roads and to assess benefited property all or a portion of the project costs.
"Right-of-way"
means any publicly owned property interest within which a street or related public improvement is or may be constructed.
"Subdividable parcel"
means property that can be subdivided in accordance with AMC Title 21, without moving an existing permanent structure or obtaining a variance.
"Total project costs"
means all costs, direct and indirect, incurred during development of the project.
"Usable access"
means access that provides reasonably functional access benefit to a parcel.
(CAC 3.08.240; AO No. 2002-186, § 2, 1-28-2003)
Street improvements, for purposes of assessing costs under this chapter, consist of all permanent road improvements which are constructed within public rights-of-way of whatever nature, public use or road easements, or on lands leased for road usage. They include gravel improvements, paving with asphalt to a minimum two-inch thickness, curb and gutter, sidewalks and similar items. Road work such as grading, ditching, temporary surfacing and similar items which are not part of a finally constructed improvement shall be assessed under the provisions of chapter 19.65 unless included in an ordinance establishing a street improvement district.
A street special assessment district shall include, unless otherwise provided by the ordinance to proceed with the district, the property to be assessed for each street. Assessments may include but are not be limited to, driveways, water and sewer service connection(s), and curb cuts. Unless otherwise provided in the ordinance to proceed with the district, the area specially benefited by a street to be improved shall include property abutting the proposed improvement except that: 1) property with prohibited access shall be excluded; 2) property without usable access shall be excluded; and, 3) non-abutting property with direct legal driveway access to the improvement shall be included.
(CAC 3.08.50; AO No. 81-29; AO No. 2002-186, § 3, 1-28-2003)
Total assessment under this chapter for each parcel of property shall be computed by adding the assessment for the RID improvements and any individual assessment against that parcel for other improvements including driveways, water and sewer connections, or curb cuts.
(CAC 3.08.260; AO No. 2002-186, § 5, 1-28-2003)
Upon application of the property owner, a sanitary sewer or water connection may be constructed to a property benefited by the street improvement, and the costs of the connection may be assessed against that property.
(CAC 3.08.310; AO No. 2002-186, § 8, 1-28-2003)
Where authorized improvements have been constructed under an agreement with the municipality which provides credit for salvageable work, as defined in section 21.87.025E, the applicable credit will be deducted from the assessment, on a lot-by-lot basis, according to the developer's sworn notarized statement as to how the costs were spread to the applicable lots. In no case, however, shall the credit given exceed the assessment which would otherwise be levied against the lot. Failure of the developer to provide the municipality with such statement will result in no credit being given.
(AO No. 92-85; AO No. 2002-186, § 10, 1-28-2003)
The percentage of a project's total assessable cost to be allocated to each parcel is the assessment share. The intent of this section is to establish a method for determining an assessment share for each parcel that is proportionate to the benefit received. Assessment share calculations shall be as established in this section, unless otherwise authorized in the ordinance to proceed with the RID.
A. 
Assessment share formula. The assessment share for each parcel shall be calculated with fifty percent (50%) based on parcel access, forty percent (40%) based on parcel area, and ten percent (10%) based on parcel frontage. The parcel access assessment share shall be allocated equally to each parcel and parcel area, and parcel frontage assessment shares shall be allocated proportionately as a percent of area and frontage of all the parcels in the RID, except as provided in subsections B and C of this section.
B. 
Adjustments for multiple-fronting parcels. The assessment share for parcels with parcel frontage on two or more local roads, which are not all included in the RID shall be calculated in accordance with subsection A except that: 1) parcel access shall only be included in the calculation if the primary access road is being improved by the RID; and 2) parcel area included in the calculation shall be proportionate to the number of abutting roads which are included in the RID. The parcel area reduction shall not include abutting streets if access is prohibited, or if the ordinance to proceed confirms the street cannot provide usable access.
C. 
Adjustments for subdividable parcels. The assessment share for subdividable parcels shall be calculated in accordance with subsections A and B, except that the parcel access assessment share shall be calculated based on an assumed future subdivision consisting of parcels comparable to others in the RID. The number of lots in a comparable subdivision shall be based on average parcel frontage and average parcel area except that the number of lots shall not exceed the maximum allowed by zoning regulations. Assessment amounts related to a future subdivision may be deferred to the date the property is subdivided and adjusted to reflect the actual parcels created, if and as authorized in the ordinance to proceed with the RID. Assembly action to defer a portion of an assessment must include details related to funding, repayment, interest, and specify if any separate property owner agreement related to the deferral will be executed and recorded.
(AO No. 2002-186, § 12, 1-28-2003)
All Municipal RID funding programs are subject to the availability of funding through the Municipal Capital Improvement Program. RID funding programs include:
A. 
Upgrade (30/70) RID Program. An upgrade RID upgrades one or more local roads that have not been constructed to the specifications and standards of the municipality. Assessable costs for upgrade RIDs shall be seventy percent (70%) of the total project costs. Improvements already constructed to standards that are reconstructed as part of an Upgrade RID may be assessed in accordance with subsection B below.
B. 
Reconstruction (90/10) RID Program. A reconstruction RID reconstructs one or more local roads that were formerly improved with paving and were constructed to the specifications and standards of the Municipality. This program may include the upgrade of existing facilities, such as street lighting, to current standards. Assessable costs for reconstruction RIDs shall be ten percent (10%) of the total project costs. If amenities such as street lighting or sidewalks that did not previously exist are included in the RID, the assessable costs for those amenities shall be in accordance with subsection A. This program is applicable only to roads within ARDSA.
C. 
Subdivision Completion (90/10) RID Program. A subdivision completion RID completes road improvements that were required in a subdivision agreement between a developer and the municipality. Assessable costs for qualifying Subdivision Completion RIDs shall be ten percent (10%) of the total project costs. If amenities such as street lighting or sidewalks that were not required in the subdivision agreement are included in the RID, the assessable costs shall be in accordance with subsection A. This program is applicable only to roads and subdivisions within ARDSA and only if all five of the following conditions are met:
1. 
The developer of the subdivision entered into a municipal subdivision agreement with a requirement to construct local residential roads as a condition of subdividing the property.
2. 
The properties were sold to individual owners prior to completion of the required improvements.
3. 
The developer failed to complete the improvements within the time provided in the subdivision agreement and was declared in default of the agreement.
4. 
The guarantees that were provided under the subdivision agreement were insufficient to complete the road improvements.
5. 
The obligations of the developer are uncollectable from the developer or collection is economically unfeasible.
D. 
LRSA/RSA to ARDSA Upgrade (50/50) RID Program.
1. 
A LRSA/RSA to ARDSA upgrade RID upgrades one or more existing local road(s) in use, but not constructed to the specifications and standards of the Municipality of Anchorage.
2. 
Qualifying roads must be in a Limited Road Service Area (LRSA) or a Road Service Area (RSA) established by the Municipality of Anchorage.
3. 
The incorporation of the road(s) into Anchorage Roads and Drainage Service Area (ARDSA) upon construction completion must also be approved by adjacent property owners, Anchorage voters, and the Anchorage Assembly.
4. 
Assessable costs for a road upgrade in this funding program shall be fifty (50) percent of the total project costs. Typical improvements include an adequate structural road base, street and shoulder widths consistent with design standards, ditching and culverts, and a dust-free surface.
(AO No. 2002-186, § 12, 1-28-2003; AO No. 2008-14, § 1, 3-25-2008)
No road shall be constructed through any RID program prior to extension of utilities to serve included parcels, unless later extension of the utilities would not adversely impact the improvements.
If utility extensions are required to allow permitted use of property within the RID, installation may be required prior to or in conjunction with the RID, unless later extension of the utilities would not adversely impact the improvements.
(AO No. 2002-186, § 12, 1-28-2003)
Any grants obtained for a RID shall be used to reduce the total project costs in determining assessable amounts unless stipulated otherwise in the grant.
(AO No. 2002-186, § 12, 1-28-2003)
Final assessments shall not exceed property-owner-approved assessments by more that ten percent (10%) unless the increased costs are approved by property owners representing over fifty percent (50%) of the new assessable amount.
(AO No. 2002-186, § 12, 1-28-2003)