City of Rochester, NY: Assessment Method, Local

§ 3-1 Definitions.

As used in this chapter and in any local improvement ordinance hereafter adopted unless otherwise specifically provided:

ACTUAL FRONTAGE

Means the frontage of a lot or the distance between side lot lines measured along the line of the street or streets.

ASSESSED COST

Means the portion of the cost of a particular part of an improvement which is directed to be assessed.

ASSESSMENT

Means the portion of the cost of an improvement which is directed to be assessed.

AVERAGE DEPTH

Means the average distance from the street to the rear of a lot measured on lines perpendicular to the street line according to § 3-4 of this chapter.

CORNER LOT

Means any lot fronting on two streets at their intersection.

DEPTH

Means the distance from the street line to the rearmost extremity of a lot measured on a line perpendicular to the street line.

EQUALIZED FRONTAGE

Means the adjusted frontage of a lot as determined according to § 3-5 of this chapter.

IRREGULAR LOT

Means any lot which is not a regular lot and is not in the form of a triangle.

PARTICULAR BENEFIT

Means a water service, driveway, server lateral, server Y-branch, sewer connection, sidewalk, sidewalk relaying, sidewalk repair or any work constructed for the benefit of a particular lot.

REGULAR LOT

Means any lot with the side receding from the street straight and parallel or approximately parallel.

STANDARD BASIS FOR ASSESSMENT

Means the basis for distributing an assessment set forth in § 3-3 of this chapter.

THROUGH LOT

Means any lot fronting on two streets at nonadjoining sides.

TRIANGULAR LOT

Means any lot in the form of a triangle.

Short terms and phrases shall include and be coextensive with longer terms and phrases as follows:

COST

Means "cost and expense."

LOT

Means "lot or parcel of land."

THE ASSESSMENT SHALL BE PAYABLE IN _______ EQUAL ANNUAL INSTALLMENTS

Means "the assessment for the cost and expense of such improvements and work shall be and become due and payable in _______ equal installments, except any assessment on property, the total of which is less than $15 shall be and become due and payable in one installment."

THE COST OF WATER MAINS AND HYDRANTS

Means "the whole cost and expense incurred in connection with water mains and hydrants, except the expense of furnishing and laying water services."

THE FOLLOWING IMPROVEMENT SHALL BE MADE

Means "it is hereby determined that the following improvements and work are necessary, required and shall be made, to wit."

THE GENERAL ORDINANCE RELATING TO THE CONSTRUCTION OF MUNICIPAL AND LOCAL IMPROVEMENTS

Means "the general provisions of Chapter 10, relating to the construction of municipal and local improvements, as now or hereafter amended."

THE REMAINDER OF THE COST OF THE IMPROVEMENT SHALL BE ASSESSED UPON THE PROPERTY WITHIN THE DISTRICT OF ASSESSMENT

Means "the remainder of the whole cost and expense of such improvements and work shall be assessed upon the property within the limits of the district of assessment hereinbefore defined which this Council deems benefited and proper to be assessed therefor."

§ 3-2 Time of computing assessment.

A lot assessed for a local improvement on the basis of its area, actual frontage or equalized frontage shall be assessed on the basis of its area, actual frontage or equalized frontage at the time the assessment roll is prepared.

§ 3-3 Standard basis of assessment.

When a lot has two or more frontages and is assessed for the construction of a sidewalk, sidewalk relaying, sidewalk repair, sewer, pavement, pavement resurfacing, curb, curb resetting or grading, it shall be assessed only upon its frontage, actual or equalized, on the street or streets so improved. The standard basis for distributing an assessment shall be (unless otherwise provided in the ordinance authorizing an improvement) as follows:

Sidewalks. The cost of sidewalk construction shall be assessed on the lots within the district of assessment on the basis of the amount of walk constructed in front of each lot.

(1)

The cost of sidewalk relaying shall be assessed on the particular lot in front of which such sidewalk is relayed.

(2)

Except that when a sidewalk or portion thereof is in a good and acceptable condition, constructed in accordance with City standards, has been so certified by a City inspector and said certificate has been filed in the office of the City Engineer in advance of an improvement and if its relaying or reconstruction is required by reason of a pavement construction or resurfacing, the cost thereof shall be included in the assessed cost of pavement construction or resurfacing and distributed as provided in Subsection D of this section, or if its relaying and reconstruction is required by reason of a server construction, the cost thereof shall be included in the assessed cost of such sewer construction and distributed as provided in Subsection C of this section.

Water services, driveways, laterals, etc. The cost of constructing a water service, a driveway, a lateral or any other particular benefit shall be assessed on the particular lot for which such particular benefit is constructed. The assessed cost of water services and laterals shall, however, be equalized for variations in lengths of laterals and water services due to sewer or water locations off street centers, and for variations in depth and nature of excavation for laterals or water services.

Sewers. The assessed cost of sewer construction shall be distributed on the various lots within the district of assessment in proportion to their respective actual frontages, except that the longer frontage of a corner lot shall be exempted to the extent of 100 feet; provided, however, that if a lateral is constructed opposite such 100 feet as measured from the corner, 50 feet only shall be exempted.

Pavements and resurfacing. The assessed cost of constructing pavements and pavement resurfacings shall be distributed on the various lots within the district of assessment in proportion to their respective equalized frontages.

Incidental work. The assessed cost of incidental work constructed in connection with laying of pavements or other improvements as authorized by § 10-8 of this Code relating to the construction of municipal and local improvements shall be included in the assessed cost of such pavement construction or such other improvement unless otherwise provided in the ordinance authorizing, the improvement.

Curb. The assessed cost of curb construction or curb resetting, when constructed or reset generally along the street, or portions thereof, improved, shall be distributed on the various lots within the district of assessment in proportion to their respective equalized frontages with allowances for curb omitted and for charges for additional curb required or driveways as follows:

(1)

Each lot shall be charged for the cost of curb constructed for a distance equal to its equalized frontage less the straight curb omitted because of driveways in the course of the lot frontage plus the cost of curved or straight curb constructed for the said driveways. The balance of the cost of curb construction shall be included in the assessed cost of pavement construction or resurfacing and distributed as provided in Subsection D of this section.

(2)

When curbs are partially reset, replaced or constructed in the course of a street improvement (most of the original curb remaining in place unchanged), the assessed cost thereof shall be distributed on the various lots within the district of in proportion to the cost of resetting, replacing or constructing curb in front of each lot.

Grading. The assessed cost of each excavation, sidewalk, gutter and roadway grading shall be distributed on the various lots within the district of assessment in proportion to their respective equalized frontages.

Street openings, widenings and extensions. The assessed cost of acquiring real estate and demolishing the structures thereon for street openings, widenings or extensions shall be distributed on the various lots within the district of assessment in proportion to their respective equalized frontages.

§ 3-4 Average depth.

The average of a regular lot with sides perpendicular to the street line and with a straight rear lot line is the sum of the two sides divided by two. The average depth of other lots shall be determined as follows:

Drop perpendiculars from the extremities of the rear lot line to the street line. If the rear lot line is a straight line, the average depth of such lot is the sum of the lengths of such two perpendiculars divided by two. If the rear lot line is not straight, compute the area of the figure bounded by the rear lot line, the perpendiculars and the street line and divide such total area by the distance between the perpendiculars measured alone, the street line and the quotient will be the average depth of the lot.

§ 3-5 Equalized frontage.

In this section, lots are classified according to whether the frontage is on one street, two streets, three or more streets. The term "street" as used in this section means a highway 25 feet or over in width and the term "alley" means a highway less than 25 feet in width. An alley is not to be considered as a street in following the above mentioned classification. If a lot fronts on a street, an alley or on both a street or an alley, the equalized frontage on either the street or the alley is to be computed according to the rules given for lots fronting on one street only. If a lot fronts on two or more streets and an alley, the alley is to be disregarded in computing the equalized frontages on the streets and the equalized frontage on the alley is to be computed as for a lot fronting on one street only. Portions of lots to a depth of 250 feet only are to be considered. If a lot exceeds this depth and is irregular, draw a line 250 feet from the street line, parallel thereto, and consider this line as the rear of the lot in computing its equalized frontage. In computing equalized frontages, appropriate depth factors shall be selected from the tables of depth factors hereinafter set forth. Curved lines in lot boundaries shall be approximated by straight lines enclosing approximately the same area as the actual lot boundaries. The equalized frontages of lots or portions thereof of the following descriptions shall be computed, respectively, as follows:

Lots fronting on one street only.

(1)

Regular lot. Multiply the actual frontage by the depth factor for the average depth of the lot as given in the table of depth factors for regular lots.

(2)

Triangular lot with base at street line. Multiply the actual frontage by the depth factor for the depth of the triangle as given in the table of depth factors for triangular lots, base at street line.

(3)

Triangular lot with apex at street line. Multiply the base (the side opposite the apex) by the depth factor for the average depth of the lot as given in the table of depth factors for triangular lots, apex at street line. If the base is not parallel to the street line, project it on the street line by drawing lines perpendicular to the street line and use this projected distance instead of the base to multiply by the depth factor for the average depth of the lot as given in the table of depth factors for triangular lots, apex at street line.

(4)

Lot removed from street line. If a lot (other than a triangle with apex at street line) is so removed from the street line that it has no side fronting thereon, connect it to the street line by straight lines drawn at right angles to the street line, forming a figure enclosing the lot and an additional area. Compute the equalized frontage of the figure so formed and, separately compute the equalized frontage of the additional area by the rules given in this section. The difference between such equalized frontages will be the equalized frontage for the lot.

(5)

Irregular lot. Divide such a lot by straight lines drawn at right angles to the street line, into portions conforming to one or more of the following descriptions. Compute the equalized frontage of each portion by the foregoing rules. The sum of such equalized frontages is the equalized frontage for the whole lot.

Lots fronting on two streets only.

(1)

Corner lots and unequal frontages. If the actual frontages of a corner lot are unequal to the extent that the shorter frontage is 60% or less of the larger frontage, the equalized frontage on each street shall be computed as follows:

(a)

On the street with the shorter actual frontage. Draw a line parallel to the street line and 100 feet distant therefrom including the lot or a portion thereof. Compute the equalized frontage as for a lot fronting on one street only (according to the rules contained in earlier subsections of this section) using only the lot or portion thereof included between the street line and said line so drawn.

(b)

On the street with the longer actual frontage. Draw a line parallel to the street line and 100 feet distant therefrom including the lot or portion thereof. Compute the equalized frontage as far a lot fronting on one street only using only the lot or portion thereof included between the street line and said line so drawn. Subtract the actual frontage of the lot on the other street (the shorter actual frontage) or 50 feet, whichever is the lesser.

(2)

Corner lots with frontages equal or approximately equal. If the actual frontages of a corner lot are equal or approximately equal so that the shorter frontage is more than 60% of the longer, then the equalized frontage on each street is computed as follows:

(a)

Draw a line bisecting the angle between the two streets, dividing the lot into two portions. Compute the equalized frontage on either street as for a lot fronting on one street only, using only the portion of the lot (as divided by aforesaid angle bisecting line) adjacent to such street.

(3)

Through lots. Divide such a lot into two portions by a line drawn equidistant from the two street frontages. The equalized frontage on either street is to be computed by the foregoing rules for lots fronting one street only, using only the portion of the lot (as divided by the aforesaid equidistant line) which is adjacent to such street.

Lots fronting on three or more streets.

(1)

Draw lines bisecting each angle formed by streets intersecting at a corner of such a lot. Terminate each angle bisecting line at its intersection with another such line. Draw lines equidistant from each pair of opposite, nonadjacent street frontages. Terminate each equidistant line at its intersection with an angle bisecting line. With the lot divided in portions by aforesaid lines compute the equalized frontage on any street as for a lot fronting on one street only, using only the portions of the lot adjacent to such street.

(2)

The following tables are the tables of depth factors to be used as herein provided:

	Table of Depth Factors
	Regular Lots
	Depth Feet	Factor
	1	.105
	2	.149
	3	.183
	4	.211
	5	.236
	6	.258
	7	.279
	8	.298
	9	.316
	10	.333
	1	.350
	2	.365
	3	.380
	4	.394
	5	.408
	6	.422
	7	.435
	8	.447
	9	.459
	20	.471
	1	.483
	2	.494
	3	.505
	4	.516
	5	.527
	6	.537
	7	.548
	8	.558
	9	.568
	30	.577
	1	.587
	2	.596
	3	.605
	4	.615
	5	.624
	6	.632
	7	.641
	8	.650
	9	.658
	40	.667
	1	.675
	2	.683
	3	.691
	4	.699
	5	.707
	6	.715
	7	.723
	8	.730
	9	.738
	50	.745
	1	.753
	2	.760
	3	.767
	4	.775
	5	.782
	6	.789
	7	.796
	8	.803
	9	.810
	60	.816
	1	.823
	2	.830
	3	.837
	4	.843
	5	.850
	6	.856
	7	.863
	8	.869
	9	.876
	70	.882
	1	.888
	2	.894
	3	.901
	4	.907
	5	.912
	6	.919
	7	.925
	8	.931
	9	.937
	80	.943
	1	.949
	2	.954
	3	.960
	4	.966
	5	.972
	6	.977
	7	.983
	8	.989
	9	.994
	90	1.000
	1	1.000
	2	1.000
	3	1.000
	4	1.000
	5	1.000
	6	1.000
	7	1.000
	8	1.000
	9	1.000
	100	1.000
	1	1.000
	2	1.000
	3	1.000
	4	1.000
	5	1.000
	6	1.000
	7	1.000
	8	1.000
	9	1.000
	110	1.000
	1	1.000
	2	1.000
	3	1.000
	4	1.000
	5	1.000
	6	1.000
	7	1.000
	8	1.000
	9	1.000
	120	1.000
	1	1.000
	2	1.000
	3	1.000
	4	1.000
	5	1.000
	6	1.000
	7	1.000
	8	1.000
	9	1.000
	130	1.000
	1	1.000
	2	1.000
	3	1.000
	4	1.000
	5	1.000
	6	1.000
	7	1.000
	8	1.000
	9	1.000
	140	1.000
	1	1.000
	2	1.000
	3	1.000
	4	1.000
	5	1.000
	6	1.000
	7	1.000
	8	1.000
	9	1.000
	150	1.000
	1	1.003
	2	1.007
	3	1.010
	4	1.013
	5	1.017
	6	1.020
	7	1.023
	8	1.026
	9	1.030
	160	1.033
	1	1.036
	2	1.039
	3	1.042
	4	1.046
	5	1.049
	6	1.052
	7	1.055
	8	1.058
	9	1.061
	170	1.065
	1	1.068
	2	1.071
	3	1.074
	4	1.077
	5	1.080
	6	1.083
	7	1.086
	8	1.089
	9	1.092
	180	1.095
	1	1.098
	2	1.102
	3	1.105
	4	1.108
	5	1.111
	6	1.114
	7	1.117
	8	1.120
	9	1.122
	190	1.125
	1	1.128
	2	1.131
	3	1.134
	4	1.137
	5	1.140
	6	1.143
	7	1.146
	8	1.149
	9	1.152
	200	1.155
	1	1.158
	2	1.160
	3	1.163
	4	1.166
	5	1.169
	6	1.172
	7	1.175
	8	1.178
	9	1.180
	210	1.183
	1	1.186
	2	1.189
	3	1.192
	4	1.194
	5	1.197
	6	1.200
	7	1.203
	8	1.206
	9	1.208
	220	1.211
	1	1.214
	2	1.217
	3	1.219
	4	1.222
	5	1.225
	6	1.227
	7	1.230
	8	1.233
	9	1.236
	230	1.238
	1	1.241
	2	1.244
	3	1.246
	4	1.249
	5	1.252
	6	1.254
	7	1.257
	8	1.260
	9	1.262
	240	1.265
	1	1.268
	2	1.270
	3	1.273
	4	1.275
	5	1.278
	6	1.281
	7	1.283
	8	1.286
	9	1.288
	250	1.291
	The depth factor for all depths over 250 feet is 1.291

	Table of Depth Factors
	Triangular Lots Base at Street Line
	Depth Feet	Factor
	1	.058
	2	.082
	3	.100
	4	.115
	5	.129
	6	.141
	7	.153
	8	.163
	9	.173
	10	.183
	1	.191
	2	.200
	3	.208
	4	.216
	5	.224
	6	.231
	7	.238
	8	.245
	9	.252
	20	.258
	1	.265
	2	.271
	3	.277
	4	.283
	5	.289
	6	.294
	7	.300
	8	.305
	9	.311
	30	.316
	1	.321
	2	.327
	3	.332
	4	.337
	5	.342
	6	.346
	7	.351
	8	.356
	9	.360
	40	.365
	1	.370
	2	.374
	3	.378
	4	.383
	5	.387
	6	.392
	7	.396
	8	.400
	9	.404
	50	.408
	1	.412
	2	.416
	3	.421
	4	.424
	5	.428
	6	.432
	7	.436
	8	.440
	9	.444
	60	.447
	1	.451
	2	.455
	3	.458
	4	.462
	5	.465
	6	.468
	7	.472
	8	.476
	9	.479
	70	.483
	1	.486
	2	.490
	3	.493
	4	.497
	5	.500
	6	.504
	7	.507
	8	.510
	9	.513
	80	.516
	1	.520
	2	.523
	3	.526
	4	.529
	5	.532
	6	.535
	7	.538
	8	.542
	9	.545
	90	.548
	1	.551
	2	.554
	3	.557
	4	.560
	5	.563
	6	.566
	7	.569
	8	.572
	9	.575
	100	.578
	1	.580
	2	.583
	3	.586
	4	.589
	5	.591
	6	.594
	7	.597
	8	.600
	9	.603
	110	.606
	1	.608
	2	.611
	3	.613
	4	.616
	5	.619
	6	.622
	7	.624
	8	.627
	9	.629
	120	.632
	1	.635
	2	.638
	3	.640
	4	.643
	5	.645
	6	.648
	7	.650
	8	.653
	9	.655
	130	.658
	1	.660
	2	.663
	3	.665
	4	.668
	5	.670
	6	.673
	7	.675
	8	.678
	9	.680
	140	.683
	1	.685
	2	.688
	3	.690
	4	.693
	5	.695
	6	.698
	7	.700
	8	.703
	9	.705
	150	.708
	1	.710
	2	.712
	3	.714
	4	.717
	5	.719
	6	.722
	7	.724
	8	.726
	9	.728
	160	.730
	1	.732
	2	.735
	3	.737
	4	.740
	5	.742
	6	.744
	7	.746
	8	.748
	9	.750
	170	.753
	1	.755
	2	.758
	3	.760
	4	.762
	5	.764
	6	.766
	7	.768
	8	.770
	9	.772
	180	.775
	1	.777
	2	.779
	3	.781
	4	.783
	5	.785
	6	.788
	7	.790
	8	.792
	9	.794
	190	.796
	1	.798
	2	.800
	3	.802
	4	.804
	5	.806
	6	.808
	7	.810
	8	.812
	9	.814
	200	.816
	1	.818
	2	.820
	3	.822
	4	.825
	5	.827
	6	.829
	7	.831
	8	.833
	9	.835
	210	.837
	1	.839
	2	.841
	3	.843
	4	.845
	5	.846
	6	.848
	7	.850
	8	.852
	9	.854
	220	.856
	1	.858
	2	.860
	3	.862
	4	.864
	5	.866
	6	.868
	7	.870
	8	.872
	9	.874
	230	.876
	1	.878
	2	.880
	3	.882
	4	.884
	5	.886
	6	.887
	7	.889
	8	.891
	9	.893
	240	.895
	1	.896
	2	.898
	3	.900
	4	.902
	5	.904
	6	.906
	7	.901
	8	.910
	9	.911
	250	.913

	Table of Depth Factors
	Triangular Lots Apex at Street Line
	DepthFeet	Factor
	1	.027
	2	.038
	3	.046
	4	.054
	5	.060
	6	.066
	7	.071
	8	.076
	9	.080
	10	.085
	1	.089
	2	.093
	3	.097
	4	.100
	5	.104
	6	.107
	7	.110
	8	.113
	9	.117
	20	.120
	1	.123
	2	.125
	3	.128
	4	.131
	5	.134
	6	.136
	7	.139
	8	.141
	9	.144
	30	.146
	1	.149
	2	.151
	3	.153
	4	.156
	5	.158
	6	.160
	7	.162
	8	.165
	9	.167
	40	.169
	1	.171
	2	.173
	3	.175
	4	.177
	5	.179
	6	.181
	7	.183
	8	.185
	9	.187
	50	.189
	1	.191
	2	.193
	3	.194
	4	.196
	5	.198
	6	.200
	7	.202
	8	.203
	9	.205
	60	.207
	1	.209
	2	.210
	3	.212
	4	.214
	5	.215
	6	.217
	7	.219
	8	.220
	9	.222
	70	.224
	1	.225
	2	.227
	3	.228
	4	.230
	5	.231
	6	.233
	7	.234
	8	.236
	9	.238
	80	.239
	1	.241
	2	.242
	3	.243
	4	.245
	5	.246
	6	.248
	7	.249
	8	.251
	9	.252
	90	.254
	1	.255
	2	.256
	3	.258
	4	.259
	5	.260
	6	.262
	7	.263
	8	.265
	9	.266
	100	.267
	1	.269
	2	.270
	3	.271
	4	.273
	5	.274
	6	.275
	7	.276
	8	.278
	9	.279
	110	.280
	1	.282
	2	.283
	3	.284
	4	.285
	5	.287
	6	.288
	7	.289
	8	.290
	9	.292
	120	.293
	1	.294
	2	.295
	3	.296
	4	.298
	5	.299
	6	.300
	7	.301
	8	.302
	9	.304
	130	.305
	1	.306
	2	.307
	3	.308
	4	.309
	5	.311
	6	.312
	7	.313
	8	.314
	9	.315
	140	.316
	1	.317
	2	.318
	3	.320
	4	.321
	5	.322
	6	.323
	7	.324
	8	.325
	9	.326
	150	.327
	1	.328
	2	.330
	3	.331
	4	.332
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	7	.345
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	9	.348
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	7	.356
	8	.357
	9	.358
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	9	.367
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