#5 & #6 Discuss and direct staff on revisions to public improvement & special assessment policies; schedule public hearing to eliminate waiver of special assessment procedures (File Ord. #2011-478)
ADMINISTRATIVE SERVICES MEMORANDUM
February 21, 2011
TO: City Council
FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager
SUBJECT: Discussion and direction to staff on proposed revisions to various
Council Policies regarding public improvements and special
assessments (Council Policies #63, #70 and #78); and a new
Council Policy on payments of special assessments (Council Policy
#87).
. Introduction and schedule a public hearing on a proposed
ordinance eliminating the waiver of special assessment procedures
as a means for satisfying new developer/subdivider storm sewer,
sidewalk, and street lighting payment obligations (File Ord. 2011-
478)
Summary
The City of Janesville has historically had very pro-development policies
regarding the financing of public improvements. The City has essentially acted
as a financial institution by incurring the costs to develop land and allowing the
developer/subdivider to repay the City over five (5) years. However, unlike a
financial institution, the City has not completed any credit checks, reviewed
business plans, or required that the businesses be sufficiently capitalized. With
the downturn in the housing market, numerous subdividers in the City of
Janesville have been unable to pay the property taxes and/or special
assessments on these lots. Many of these lots are in danger of being auctioned
by the County for these back taxes and special assessments.
Given this experience, and the absence of development activity at this time, it is
appropriate to review how the City of Janesville finances development activity.
The City Council has adopted various policies dealing with these subjects
including Council Policy #63, Council Policy #70, and Council Policy #78. In
addition, the Subdivision Ordinance contains various references to the financing
of development activities. Further, the City Council has requested some criteria
on the granting of hardship deferrals and staff has incorporated their suggestions
into Council Policy #87.
Recommendation
Staff would appreciate feedback from the City Council on the proposed revisions
to these Council Policies. These policies will then be revised and brought back
th
to the City Council on March 14 for formal action.
Following the introduction of File Ordinance 2011-478, staff recommends that it
be scheduled for a public hearing on March 14, 2011.
City Manager’s Recommendation
The City Manager is looking for guidance from the Council on these policy
changes. Due to the current economic times, the City is experiencing potential
developer delinquency of $2.9 million as of January 2011. As the economy
recovers this number could go down. However, the larger policy question is
whether the City should be assuming this risk in the future.
Some of the potential changes would mitigate our risk in the future on
development assessments.
Background
On October 15, 2010, Rock County held their annual auction of tax delinquent
properties. What was somewhat unique about this sale is that it included
improved but undeveloped residential lots within the City of Janesville. The City
had financed approximately $127,000 worth of improvements to these lots and
was faced with the prospect of losing much of this investment or purchasing the
lots. The City ended up purchasing the lots and is in the process of selling them
to recover the public investment.
Unfortunately, the scenario described above may be a common occurrence in
the coming years as lots are sold by the County to recover delinquent property
taxes and special assessments. As of January 31, 2011, 169 improved, but
undeveloped, residential lots have delinquent property taxes and/or special
assessments. The total amount delinquent on these lots is approximately $1.77
million with additional amounts owing, but not due, of $1.15 million. Of this total
($2.92 million) approximately 65.4% is owed to the General Fund, 18.1% to the
Water Utility, and 16.5% to the Wastewater Utility.
What is described above resulted from the confluence of pro-development
assessment policies and a dramatic downturn in the housing market. For many
decades the City has been very pro-development by installing requested public
improvements (water, sanitary sewer, curb and gutter, storm sewer, streets, and
street lights) and allowing developers/subdividers to pay for these improvements
over five (5) years. This has allowed developers/subdividers to install public
improvements to their properties with very little of their own capital and repay the
City as the lots are sold. This has worked very well for many years, until the
recent downturn in the housing market.
In order to prevent this from occurring in the future it is appropriate to re-examine
the City’s policies related to the financing of public improvements. This is an
especially good time to do so because there is very little development activity so
any changes will not affect developments that are currently under consideration.
2
Future developments will be affected, but the developers/subdividers will be
aware of any changes before proceeding.
Analysis
For several decades the City has financed many of the public improvements
(water, sanitary sewer, curb and gutter, storm sewer and street construction) by
allowing developers/subdividers to pay the improvement cost over five (5) years.
This has worked well for the developers/subdividers because they have been
able to improve land without putting their own capital at risk, and repay the City
as the lots sell. It has worked well for the City because it has facilitated
development and the growth of the tax base. However, with the downturn in the
housing market, many of these developers/subdividers have been unable to pay
their property taxes and special assessments, and the City is at risk of losing its
investment.
In order to prevent this from occurring in the future staff has reviewed our policies
dealing with special assessments and is proposing a number of changes. The
changes fall into two (2) categories and include:
Housekeeping:
Create a new Council Policy addressing payments for special
o
assessments and financial hardships (Council Policy #87) and eliminate
payment provisions from other policies.
Eliminate references to sidewalks from Council Policy #63 and adding
o
those provisions into Council Policy #70 Sidewalks.
Clarify that the City pays the entire cost of curb and gutter replacement.
o
Updates the sidewalk policy to reflect the current practice of determining
o
when unfunded sidewalk will be constructed.
Substantive
Effective January 1, 2012, property owners who are granted deferrals will
o
have to pay the assessment rate in effect at the time they connect to the
utilities rather than the rate in effect when the deferment was granted.
Eliminates the developers/subdividers option to pay for special
o
assessments over a period of five (5) years. Cash or a letter of credit will
need to be provided before the commencement of any design work.
Eliminates the permit fee for owner constructed sidewalks.
o
Establishes criteria for the granting of a financial hardship and allows
o
administrative approval.
3
CITY OF JANESVILLE Policy No. 63
Page 1 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
PURPOSE
To clarify and establish Council policy in regard to the
administration of the City’s Special Assessment program for various
public works improvements including grading and graveling, paving,
curb and gutter, water mains, sanitary sewer, and storm sewer.
GENERAL
This policy is organized into the following sections:
I. Levying of special assessments.
II. Street life expectancies and sSpecial assessments
relating to curb and gutter replacement and pavement
reconstruction.
III. Methods of payment for special assessments and procedures
for delinquent special assessments.
IIIV. Deferrals of special assessments.
V. Financial hardships.
VI. Waiver of procedure for storm sewer charges.
In addition, charges for storm sewers are governed by Ordinance
#2000-59,and sidewalks by Council Policy #70, Street Lights by
Council Policy #78, and State Statutes.
POLICIES
I. Levying of Special Assessments.
A. Rates.
Special assessment rates shall be calculated with a goal
of recovering 10095% of the total cost of each year’s
sewer and water program and 100%of the total cost of
each year’s new streetprogram with the exception of curb
and gutter replacement (see Section II.B.); oversized
water mains with a diameter in excess of 12 inches, and
extra width streets. In these cases the assessment rate
shall only include the incremental cost of the oversize
improvement above the standard. The cost shall include
CITY OF JANESVILLE Policy No. 63
Page 2 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
the full cost of construction, engineering services, and
administration. The assessment rates for sewer and water
and
shall include the unassessed cornerlot exemptions,
greenbelt crossings. The assessment rates for curb and
gutter and paving shall include the unassessed corner lot
exemptions, double frontage lots, greenbelt crossings,
parkland and other unassessed frontage.
The cost of engineering services and administration shall
include the fully burdened costs of all employee time
below the level of DepartmentDivision Head level
,
including salaries/wages, fringe benefitsrelated
support services such as supplies, materials, vehicles,
etc.
B. Definitions.
1. Frontage: That portion of a parcel of land which
lies immediately adjacent to a public street or
public alley. On corner lots, frontage is
considered to be the short side facing a public
street.
2. Side Frontage: On corner lots, side frontage is
considered to be the long side facing a public
street or public alley.
3. Rear Frontage: On lots having frontage on two
streets or on a street and alley, rear frontage is
considered to be the side facing the street or
alley at the rear of the lot, house, or future
structure.
C. Sanitary Sewer and Water Main.
1. All normal rectangular lots or sites in Single
Family (R1 and R2) Residential Districts.
a. Assess full frontage (short side on corner
lots).
b. Exempt the first 70 feet of side frontage on
corner lots less than 140 feet in depth,
served on both sides.
CITY OF JANESVILLE Policy No. 63
Page 3 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
c. Assess that side frontage of corner lots
greater than 70140 feet served on both sides.
d. Exempt rear frontage on lots having double
frontage which are served on both frontages,
except if the lots are large enough for
potential division.
e. When sewer and water mains are installed along
the side frontage (long side) of a corner lot
first, assess full frontage together with the
side frontage subject to the above 70140 foot
exemption.
2. All irregular shaped lots or sites in Single Family
(R1 and R2) Residential Districts.
a. Assess minimum frontage of 70 feet on lots
less than 70 feet.
b. Assess full frontage of those lots greater
than between 70 feet and 140 feet.
c. Assess maximum frontage of 140 feet on lots
greater than 140 feet.
cd. Exempt that frontage where lot depth is less
than 50 feet when lot is not subject to any
other exemption.
,
3. All lots or sites zoned Multi Family, Office
Commercial, or Industrial.
a.(1) Assess full frontage along all sides
served.
b.(2) There shall be no corner or rear frontage
exemptions.
4. All sites along major highways where mains are or
will need to beinstalled on both sides of the
highway, the rate for sewer and water mains shall
be double the normal rate (see Section IV. D.).
D. Sewer and Water Laterals.
1. The cost of installing sewer and water laterals
shall be assessed to each lot for which laterals
are installed.
CITY OF JANESVILLE Policy No. 63
Page 4 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
2. The assessment shall be paid in full following the
completion of the work, or with the property taxes
the first year following the work.
E. Preliminary Grading and Graveling of Newly Opened
Streets.
1. Following the installation of sanitary sewer and
water main or at any other appropriate time, the
Council may order the preliminary grading and
graveling of streets so affected.
2. An assessment rate shall be established annually
which will return to the City approximately 100% of
the cost of the preliminary grading and graveling.
Said rate shall be assessed to the abutting
benefited property owners according to the
frontages in Section I.C., Sanitary Sewer and Water
Main.
3. The assessment shall be paid in full following the
completion of the work, or with the property taxes
the first year following the work.
F. Curb, Gutter and Paving.
1. All normal rectangular lots or sites in Single
Family (R1 and R2) Residential Districts.
a. Assess full frontage (short side on corner
lots).
b. Exempt 70 feet of side frontage on corner
lots.
c. Assess that side frontage on corner lots
greater than 70 feet.
d. Exempt full rear frontage on double frontage
lots where City or State restrictions allow no
access.
e. Assess full rear frontage on double frontage
lots, if the lots are large enough for
potential subdivision.
CITY OF JANESVILLE Policy No. 63
Page 5 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
f. Assess full rear frontage for alley paving.
g. Assess the actual roadway width up to and
including a maximum of 36 feet, face of curb
to face of curb.
2. All irregular shaped lots or sites in Single Family
Residential Districts.
a. Assess minimum frontage of 70 feet on all lots
less than 70 feet.
b. Assess full frontage of lots greater than 70
feet.
Assess maximum frontage of 140 feet on lots greater
than 140 feet.
c.Exempt that frontage where lot depth is less
than 50 feet when lot is not covered by any
other exemption.
de. Exempt any roadway width in excess Assess the
actual roadway width up to and including a
maximum of 36 feet, face of curb to face of
curb.
3. All lots or sites zoned Multi Family, Office,
Commercial, or Industrial.
a. Assess full frontage along all sides served.
b. There shall be no corner or rear lot
exemptions.
c. Assess for the actual roadway width up to and
,
including a maximum of 4852 feet of pavement
the full pavement cost and all necessary curb
and gutter.
4. All sites zoned Multi Family, Office, Commercial or
Industrial along major highways where an access or
frontage road is constructed along the highway and
all boulevard streets.
a. The assessment rate for the access road or
frontage road or boulevard streetshall
include the full cost including allcurb and
gutter on both sides of the roadway.
CITY OF JANESVILLE Policy No. 63
Page 6 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
b. These assessments are in addition to any
assessments levied for highway improvements.
Sidewalk Exemption for Corner Lots.
1. All corner lots in Single Family (R1 and R2) Residential
Districts where sidewalk is required by Council on two
frontages.
Assess full frontage on initial frontage ordered.
Exempt 70 feet of sidewalk on second frontage ordered.
Assess the length greater than 70 feet on the second frontage
ordered on corner lots.
2. Corner lot exemption is effective for sidewalks put in
during or after the 1999 sidewalk program.
II. Street Life Expectancies and Special Assessments Relating to
Curb and Gutter Replacement and Pavement Reconstruction.
A. The following life spans of curb and gutter and various
pavement types is hereby adopted based upon the INTERIM REPORT OF
PAVEMENT PERFORMANCE IN JANESVILLE, WISCONSIN dated June 25, 1971,
Office of the City Engineer, Division of Public Works.
1. Concrete pavements 30 years
2. Asphalt overlays on concrete or 15 years
concrete base pavements
3. Asphalt pavements prior to 1961 15 years
4. Asphalt pavements 1961 and later 18 years
5. Asphalt overlays on asphalt pavements 15 years
6. Seal coats 5 years
7. Concrete curb and gutter 45 years
BA. The City shall pay the entire cost for curb and gutter
replacement where the City Engineer determines such
CITY OF JANESVILLE Policy No. 63
Page 7 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
replacement is necessary.
B. Standards for replacement include: shall be as
established and modified from time to time by the City
EngineerDepartment of Public Works
Ponding in excess of one (1) inch
C. If an abutting property owner desires additional
replacement of curb and gutter, such replacement shall be
assessed at 100% of the total construction costs,
including the cost of removal of the existing curb and
gutter and miscellaneous driveway and sidewalk revisions.
B. Special assessment rates shall be calculated according to
the following method, the intent being to return 50% of
the total construction cost of each year’s program for
curb and gutter replacement.
1. The rate for curb and gutter replacement shall be based
on 50% of the cost including the cost of removal of the
existing curb and gutter and miscellaneous driveway and
sidewalk revisions.
2. Curb and gutter or pavements having reached or exceeded
their established life span shall be assessed according
to the above special assessment rate determinations.
Special assessment rates for curb and gutter or pavements
which have not attained their established life span shall
be pro-rated downward by the straight-line method
according to their actual life.
3. Concrete or deep base pavement assessments abutting
single family residential properties shall be assessed
for curb and gutter and paving at the prevailing rate for
a 36 foot street with curb and gutter and residential
equivalent pavement.
4. Assessable frontages for curb and gutter be determined
according to Section I.F. of this policy.
CITY OF JANESVILLE Policy No. 63
Page 8 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
III. Methods of Payment for Special Assessments and Procedures
for Delinquent Special Assessments.
A.B. Methods of payment for individual property owners.
1. Three methods of payment shall be available to any
individual property owner in the City of Janesville
who is assessed for a necessary public improvement.
These methods shall be:
a. The assessment may be paid in cash upon
completion of the work.
b. The assessment may be paid with property taxes
for the first year following the completion of
the work.
c. The assessment may be spread over a period of
five (5) years with interest at the prevailing
rate per annum on the unpaid balance. The
first installment on the five-year plan shall
include 1/5 of the principal with the interest
on the unpaid portion, and shall be so entered
in the tax roll. Each of the subsequent
installments shall be entered in each of the
annual tax rolls thereafter until all are
collected. Deferred payment on these
installments shall bear interest at the
prevailing rate per annum set under Section cC
below. Interest shall be be charged from the
date of invoice.
cd. For individual property owners, the prevailing
interest charges referred to above shall be on
the full amount of the assessment on 1
November and run to the end of the year and
thereafter shall be on the unpaid principal
balance.
2. Any of the methods of payment stated above may be
elected by an individual property owner on any
assessment for a public improvement project except
CITY OF JANESVILLE Policy No. 63
Page 9 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
for the installation of sewer and water service
pipes (laterals) and preliminary grading and
graveling.
3. Under certain conditions involving programs which
have not been requested by a majority of individual
property owners involved, or in cases of hardship,
the assessment may be spread over a ten-year
payment plan with interest at the prevailing rate
per annum on the unpaid balance (Section C below).
The first installment on the ten-year plan shall
include 1/10 of the principal with the interest on
the unpaid portion, and shall be so entered on the
tax roll. Each of the subsequent installments
shall be entered in each of the annual tax rolls
thereafter until all are collected. Deferred
payment on these installments shall accrue interest
at the prevailing rate per annum set under Section
C. below.
4. If a public improvement program is eligible for the
ten-year payment plan, such plan shall be approved
by the Council simultaneously with the ordering of
the public improvement program. In all cases, the
individual property owner shall have the option of
electing one of the two payment methods set forth
in Paragraph 1a and 1b above. However, the Council
shall elect either a five or a ten-year payment
plan, and under no circumstance may both plans be
used on any single public improvement project.
5. Exception
Special assessments for which the total amount due is
less than $250 shall not be eligible for extended
payment on either a five or ten year plan. Such
assessments may be paid under the provisions of
Paragraph 1a or 1b above.
B. Methods of Payment for Other Owners.
The policy set forth above shall pertain only to individual
property owners. Other owners, which include subdividers, land
CITY OF JANESVILLE Policy No. 63
Page 10 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
developers, speculative builders, or owners of several or more lots
on the same street, or in the same areas, may select any one of the
three payment plans listed in 1a, b, or c in accordance with the
procedures set forth below, except that they will be billed by the
City upon completion of the work and may pay their assessments in
cash without interest up to the last day of the month of the
billing, after which the prevailing interest rate per annum on the
unpaid balance will be charged.
1. Use of Five-Year Payment Plan.
a. All requests for public works improvements for the first
program of the year shall be submitted to the City Engineer by
January 1 and for the second program by June 1.
b. Simultaneously, the developer shall submit a letter indicating
whether they intend to use the five-year payment plan.
(1) The developer shall be eligible for the five year payment
plan, without further review, if:
(a) For first time users of the plan, their request is for 30 lots
or less (rounded off to a block) in each of their first two years
of use of the plan. In their third year of use, they shall be
governed by the procedures in Paragraph C. below.
(b) For developers not covered by Paragraph (a), their request is
for:
- 30 lots or less, or
- the average number of lots the developer sold in the previous
three years, or
- the highest number of lots the developer sold in any single year,
during the last three years, whichever is greater (rounded off to a
block).
c. If a developer wishes to request the use of the five-year
payment plan for more lots than are allowed under Paragraph B.1.
above, then the request shall be made in writing to the City
Engineer prior to November 1. The request shall include the
CITY OF JANESVILLE Policy No. 63
Page 11 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
following information.
(1) The number of additional lots requested.
(2) A listing of all improved vacant lots currently owned by the
developer and their location.
(3) The number of lots sold by the developer in each of the last
five years.
(4) The justification for the request.
(5) Such additional information as the Administration or Public
Works Committee shall specify.
d. All requests made under Paragraph c. shall require the
approval of the Public Works Committee.
e. The Public Works Committee, subject to Council approval, may
adjust the limits for any or all developers based upon the number
of lots requested under the five year payment plan and/or a change
in city growth trends including the demand for housing and lots.
C. Interest rate on Five Year Payment Plan - Bad Debt Reserve.
The Administration shall include in Council resolutions levying
special assessments that allow a five or ten year payment plan a
rate of interest that is estimated to be 3% greater than the rate
the City anticipates selling its next projected bond sale at.
All funds generated by the 3% spread shall be credited to a Bad
Debt Reserve account within the Special Assessment Fund.
D. Delinquent Special Assessments.
1. The County Treasurer shall be encouraged to foreclose at the
minimum time period allowed on any delinquent special assessments
and to immediately proceed to market the lots.
2. When a developer is delinquent, he/she shall no longer be
eligible to use the five-year payment plan unless the Public Works
Committee, subject to the approval of the City Council, shall
CITY OF JANESVILLE Policy No. 63
Page 12 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
specifically find the use is in the City’s best interest. The
review of a request shall be based upon a written request by the
developer including the information outlined under Paragraph
III.B.1.c. of this section; financial information related to the
ability to pay by the developer; and a review of the information
and housing trends by the Administration.
IIIV. Deferrals of Special Assessments.
A. The granting of non use deferments of special assessments
is allowed in SS 66.605 which provides as follows:
Special Assessments. Notwithstanding any other statute,
the due date of any special assessment levied against
property abutting on or benefited by a public improvement
may be deferred on such terms and in such manner as
prescribed by its governing body while no use of the
improvement is made in connection with the property.
Such special assessment may be paid in installments
within the time prescribed by the governing body. Any
such special assessment shall be a lien against the
property from the date of the levy.
B. All property subject to special assessments.
Non use deferments in accordance with the provisions of
SS 66.605 will may be granted at the discretion of the
Council on the following basis.
1. A non-use deferment, if granted, shall be for a
period of either five years or ten years and may
include any or all public improvements. At the end
of the period of deferment granted, and provided
the deferment has not automatically terminated and
the assessment paid as a result of the change of
conditions set forth in the following section, the
owner of the property upon which the assessment has
been deferred shall have the option of paying for
the assessment in a lump sum, or paying for the
same total amount for the next five years on the
City’s regular five-year payment program (if
eligible), or requesting an extension of the
deferments for five (5) years. Interest during the
CITY OF JANESVILLE Policy No. 63
Page 13 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
subsequent five-year payment period shall be at the
current prevailing interest rate per annum on the
unpaid balance, and shall be entered each year on
the tax roll.
2. Non use deferments shall be granted only on
properties while they are used for agricultural
purposes; or are vacant and undeveloped. Such
deferments shall automatically terminate and
assessments come due including accrued interest
upon an application for use of utilities, sale,
split of property, platting of property or change
of zoning at request of owner.
3. Beginning January 1, 2012, property owners
requesting a non-use deferment must agree to pay
the assessment rate in effect at the time their
non-use deferment expires or is automatically
terminated, as provided above.
C. Exceptions to this policy may be made under the following
conditions:
1. When public improvements are made at and for the
convenience of the city for a municipal purpose.
2. When public improvements are required that, in the
judgement of the Council will result in a
substantial economic gain to the city.
3. When the use anticipated in a rezoning request is
not realized.
D. Property abutting State and Federal highways.
When water and sewer mains are installed along State and
Federal highways (see Section I.C.4.) for property that
is zoned residential:
1. One half of the assessment shall be due and payable
according to the various methods outlined in the
improvement resolution.
CITY OF JANESVILLE Policy No. 63
Page 14 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
2. The other half of the assessment shall be deferred
without interest until such time as the site is
rezoned for non-residential use.
3. At that time, the deferred amount shall be due and
payable and may be spread over a five year payment
plan with interest at the City’s then prevailing
interest rate for the five year payment plan.
4. For such deferments granted after January 1, 2012,
the assessment due at the time the property is
rezoned for non-residential use will be determined
by the assessment rate in effect at that time.
E. Funding of Deferrals.
Whenever a deferral is made, the deferral shall be
assigned to the appropriate Utility or General Fund, and
the interest carrying costs shall be funded annually
starting with the next budget at the appropriate fund.
F. City Property.
For City property, including municipal buildings, police
stations, fire stations, landfills, etc. but not
including parks and greenbelts; a charge equivalent to
the special assessment for the type of improvement
constructed shall be made against the appropriate Utility
or General Fund, and shall be funded in the next budget.
Greenbelts and parks are considered a part of the
subdivision and the cost will be added to the program
front footage cost.
G. Cemeteries.
No deferrals shall be granted for water or sewer mains if
the cemetery has a connection to the system.
H. Deferments after adoption of final resolution.
1. Generally, special assessments are imposed
CITY OF JANESVILLE Policy No. 63
Page 15 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
following the procedures outlined in State
Statutes. Those statutes require a final
resolution, which describes among other things the
method of payment.
2. Once a public works project is definitely planned,
either before or after the adoption of a
preliminary resolution in the special assessment
procedure, landowners affected by the special
assessments may apply for special deferments, as
previously categorized by the Council. Only the
Council may grant such special deferments.
Requests may be made orally or in writing before or
at the hearing on the final resolution. However,
no request for special deferment will be considered
or acted upon by the Council after passage of the
final resolution. Such requests must be received
and made known to the Council before action upon
the final resolution or they will not be
considered.
V. Financial Hardships.
A. If a property owner has a financial hardship, they may apply
in writing to the Council to spread payments over ten years
with interest; rather than five years.
B. An indigent person may apply for city payment under SS
74.77, Stats., of charges made for new sidewalk
construction and special assessments.
PROCEDURE: Whenever any indigent person over 64 years of age
or a person handicapped so as to limit earning ability
wishes to have the City of Janesville pay for new
sidewalk construction or special assessments in front of
their property pursuant to SS 74.77, Stats., such request
shall be made to the Administration for analysis and
decision. An appropriate resolution shall be prepared
only if the Administration finds that:
1. The person is over 64 years of age or is
handicapped so as to limit earning ability.
CITY OF JANESVILLE Policy No. 63
Page 16 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
2. The property involved is owned by and is the
residence of such person.
3. The family income of such person is equal to or
less than 50% of the County median income as
established by the Department of Housing and Urban
Development.
VI. Waiver Procedure for Storm Sewer Charges.
A. The City Council may accept and approve a waiver of
assessment procedure for the cost of storm sewer for a
particular subdivision plat or certified survey in lieu
of a cash payment at the time of land division approval
(Ref. Ordinance #71-237). This requires that each
individual situation be examined upon its own merits as
to whether or not such privilege is in the City's best
interest.
B. The waiver of special assessment procedure must be
requested by the owner, subdivider, or developer in
writing at least 14 days prior to the scheduled Council
meeting at which the final plat, certified survey, or
land division is to be approved.
C. Upon request for the waiver procedure, the staff shall
calculate the total cost of the storm sewer charges
according to the prevailing rate per acre. This total
charge shall be divided equally to each parcel or lot in
the subdivision or certified survey or shall be divided
according to parcel area if appropriate because of
oversized lots or large sites. The waiver document shall
be prepared listing both the total cost and the
individual lot or parcel cost.
D. The owner of each parcel so affected by the storm sewer
charges shall sign the waiver document which shall be
properly notarized as called for in the document. 100%
of the individual owners, developer, and mortgagor must
sign the waiver document agreeing to the special
assessments to be levied.
E. The City Council, prior to approving the subdivision
CITY OF JANESVILLE Policy No. 63
Page 17 of 17
CITY COUNCIL POLICY STATEMENT Date Issued 8/22/88
Revised 12/4/2000
3/1/2011
General Subject: Administration Effective Date
12/4/20003/1/2011
Specific Subject: Special Assessments Cancellation Date
for Public Works
Improvements Supersedes No. 2, 6, 28
33, 34, 38, 57
plat, certified survey, or land division should review
the storm sewer charges and determine whether or not they
will require the cash deposit or allow the waiver
procedure as requested. If the Council allows the waiver
procedure, the subdivision plat, certified survey, or
land division can be approved. Immediately following
such approval, the Council shall approve the waiver of
assessment procedure, thereby levying the special
assessments for storm sewer as listed thereon.
F. Those lands which fall outside or beyond the provisions
of said ordinance (#71-237) establishing storm sewer
charges, are subject to the charges at the same rate per
acre to be levied in accordance with Section 66.60 of the
Wisconsin Statutes.
G. The form of the waiver of special assessment procedure
shall be according to the attached form, said form is to
be a part of this policy statement.
H. Exception. An exception to this policy may be made
relative to the proposed charges, rates, and waiver
procedure when in the judgement of the Council there will
be a substantial economic gain to the City.
WAIVER OF SPECIAL ASSESSMENT NOTICES
AND HEARINGS UNDER S. 66.60, WISCONSIN STATUTES
* * *
We, the undersigned owners of property benefited by the following proposed
public improvements to be made by the City of Janesville, Rock County, Wisconsin,
to-wit:
STORM SEWER CONSTRUCTION IN
(Name of Subdivision or Certified Survey)
in consideration of the construction of said improvements by the City of Janesville,
Wisconsin hereby admit that such public improvements will benefit our properties and
consent to levying of special assessments against our premises under S. 66.60 of the
Wisconsin Statutes for the cost of such improvements.
In accordance with S. 66.60 (18) of the Wisconsin Statutes, we hereby waive
all special assessment notices and hearings required by S. 66.60 of the Wisconsin
Statutes, and we further agree and admit that our properties are benefited by the
construction of such improvements and that said special assessments are made upon a
reasonable basis as tabulated on the attached sheet.
We, the undersigned owners of properties benefited by the aforementioned
waiver do further agree that we will either pay the assessments against any parcel
in cash by November 1st following the effective date of this waiver, with the taxes
the first year following the effective date of this waiver, or at the election of
the property owner and with the approval of the Committee of Public Works, said
assessments may be spread over a period of five (5) years with interest at (the
prevailing rate) per annum on the unpaid balance. The first installment on the five
(5) year plan shall include one-fifth of the principal with the interest on the
unpaid portion, and shall be so entered in the tax roll. Each of the subsequent
installments shall be entered in each of the annual tax rolls thereafter until all
are collected. Deferred payment on the aforementioned installments shall bear
interest at (the prevailing rate) per annum.
FORM
SUBDIVISION____________________________ ACRES__________ TOTAL CHARGE____________
City Storm
Account Lot Blk. Sewer
Number No. No. Assessment Owner Developer Date
Notary Public required for others than the aforementioned individual property
owners, shall include subdividers, land developers, speculative builders, or owners
of several or more lots on the same street, or in the same area.
STATE OF WISCONSIN)
) S.S. (Notary Affidavit)
ROCK COUNTY )
CITY OF JANESVILLE Policy No. 70
Page 1 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
PURPOSE
To establish objectives, criteria, and procedures for the construction and
maintenance of sidewalks, and assessment of costs.
STATEMENT OF POLICY
1. Objectives
A. To establish a system of sidewalks in Janesville that links pedestrian
generators to destinations and, thus, provides for pedestrian safety.
B. To establish criteria for the construction of sidewalks in existing
developed areas and future areas.
C. To provide a procedure for an orderly system of construction of
sidewalks in existing developed areas of the city based on established
criteria.
D. To provide for the equitable funding of sidewalk construction.
E. Maintain existing public sidewalks in a safe condition.
2. Criteria
A. Sidewalks should be constructed according to the adopted
“Pedestrian Transportation Corridor Plan” (PTCP).
B. The official PTCP will be maintained in the City Engineer’s Office.
C. The PTCP shall be updated and presented to the City Council for
review, amendment and approval at a January Council meeting of
each year.
CITY OF JANESVILLE Policy No. 70
Page 2 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
D. The PTCP is intended to be a comprehensive tool used to
communicate with citizens about where the pedestrian corridors in
Janesville are located. It shall contain the following elements:
(1) Current city limits
(2) Adjacent trails/sidewalks not in City jurisdiction
(3) Layout of current street network
(4) Color coded lines representing the following:
a. Green shall represent existing sidewalks
b. Yellow shall represent planned unfunded sidewalks.
This is generally considered the minimal amount of
sidewalk system necessary to provide connectivity
throughout the community.
c. Purple shall represent planned funded sidewalks.
d. Orange shall represent future unfunded sidewalks. This
category is included on the PTCP to communicate with
citizens that a sidewalk may be constructed adjacent to
their property
e. Blue shall represent existing trails. This category is
shown to provide overall context for the connectivity of
the system.
3. Plats/Certified Survey Maps
A. For any new streets for which sidewalks are planned per a
Neighborhood Plan or designated by Plan Commission vote, before the
City Treasurer signs any plat or certified survey, the subdivider shall
list or show on the plat or certified survey the streets along which
sidewalks are to be constructed pursuant to City Ordinances and
these will be added to the PTCP upon subdivision approval.
4. Governing Ordinances
A. Effective June 13, 1977 through August 7, 1992, construction of
sidewalks in new developments are governed by Section 17.32.120
Sidewalks of the Janesville Code of General Ordinances.
B. Effective August 8, 1992, construction of sidewalks in new
developments are governed by Chapter 17.46 - Sidewalks, of the
CITY OF JANESVILLE Policy No. 70
Page 3 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
Janesville Code of General Ordinances.
C. Effective February 27, 2006, File Ordinance No. 2006-308 established
additional requirements on the construction of sidewalks in new
developments.
5. Implementation Procedures
Pedestrian Transportation Corridor Plan
Color Category Implementation Procedures
Part of yearly plan beginning in
2009 to construct 100% of this
Yellow Planned Unfunded Walk walk. Implementation will follow
procedures outlined in Section 8
of this policy.
Construction will follow plat
Purple Planned Funded Walk approval. Section 6.A.4 of this
policy addresses this process
Construction follows a petition
Orange Future Unfunded Walk
process per Section 5.C
These are generally considered a
city-wide concern. Initiation
Blue Trails should be undertaken through the
capital improvements and
budgeting process
A. This policy shall not restrict the decision of the Council or actions of
City Administration to address a public safety concern.
B. If a section of sidewalk is included on the resolution for the annual
sidewalk program and is not approved by the City Council, then the
sidewalk shall not be placed by the Administration on the resolution
in the following two years. The receipt of a petition shall be reported
CITY OF JANESVILLE Policy No. 70
Page 4 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
to the City Council.
C. Petition Procedures (Orange Sidewalk).
(1) All requests must be in writing and contain the name and
address of the persons initiating the request, the site of the
requested installation, and the reason(s) for the request.
(2) All requests must be submitted to the City Engineer by
February 1 of each year.
(3) The request will be placed on the Public Works Program for the
year provided it meets one of the following criteria:
a. 30% of abutting property owners per block signing a
petition in favor. The limits of a block shall begin at one
street intersection and end at the next street
intersection;
b. or, 10 unrelated persons residing within one-quarter
(1/4) mile of the requested sidewalk signing a petition in
favor.
(4) The City Engineer shall report any sidewalk that meets the
implementation criteria as “Recommended”, unless there are
topographical concerns that make the sidewalk inappropriate
to construct, in which case the City Engineer shall report it as
“Not Recommended-Topographical Problem.”
CITY OF JANESVILLE Policy No. 70
Page 5 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
(5) After introduction by the City Council written notice shall be
sent to abutting property owners and requestors stating:
a. The date of the City Council public hearing.
b. The City Engineer’s recommendation per this policy.
(6) The official public notice for proposed sidewalk installations
shall contain:
a. The site of proposed installation.
b. The date, time, and location of the City Council public
hearing.
(7) After the public hearing, the City Council may order any
sidewalk installation(s) it deems justified.
(8) This policy in no way restricts pedestrians’ use of the public
right-of-way.
6. Construction and Maintenance
A. Construction.
(1) Sidewalks may be constructed privately by owners of the
abutting property.
(2) Sidewalks may be constructed by the City and billed to the
owner of the abutting property.
(3) All public sidewalks whether constructed privately or publicly
shall meet the City of Janesville’s Standard Specifications for
Sidewalk Construction (as shown in Section 9 of this policy).
CITY OF JANESVILLE Policy No. 70
Page 6 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
(4) For sidewalks in new developments as defined by plats and
certified surveys approved after August 7, 1992, the City
Engineer shall direct the construction of the sidewalks at a
time he deems appropriate without further action by the City
Council, and the cost shall be charged to the sidewalk
construction account. (See Chapter 17.46 – Sidewalks, of the
Janesville Code of General Ordinances).
B. Maintenance/Repairs.
(1) Sidewalks shall be maintained by owners of abutting property.
(2) The Engineering Department shall establish a system of
inspection of existing sidewalks, including standards for
replacement (as detailed in Section 9 of this policy); shall notify
abutting property owners of necessary repairs; and shall have
the authority to order the repair of any sidewalk. If the
abutting property owner(s) fail to undertake the necessary
repairs within the notification period, the City Engineer may
arrange for a contractor to undertake the repairs; may bill the
abutting property owner; and if unpaid, a lien may be placed
on the property in accordance with Wisconsin Statute (66.615).
7. Cost Allocation
A. New Construction.
(1) For new developments as defined by plats and certified surveys
approved after August 7, 1992 in accordance with City
Ordinance Chapter 17.46, before the City Treasurer signs any
plat or certified survey, the City Engineer shall calculate the
totalcost of construction for all sidewalks shown on the
Neighborhood Plan or designated by Plan Commission vote of
the area affected by the survey or plat. The cost calculation
shall include intersections, greenbelt crossings, parkland, and
engineering.The property owner shall make payment
arrangements in accordance with Council Policy 87,Payment
of Special Assessments and Other Development Costs.may
CITY OF JANESVILLE Policy No. 70
Page 7 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
either pay this amount in full or may spread the principal over
five years with interest under the City’s Special Assessment
Policy. The property owner shall execute a Waiver of Special
Assessment Procedure to use the five-year plan.
(2)For existing areas, the sidewalk shall be assessed 100% to the
,
abutting property owner(s) except for corner lot exemption
provided below:
a.) All corner lots in Single Family (R1 and R2) Residential
Districts where sidewalk is required by Council on two
frontages.
1.)Assess full frontage on initial frontage ordered.
2.)Exempt 70 feet of sidewalk on second frontage
ordered.
3.) Assess the length greater than 70 feet on the
second frontage ordered on corner lots.
b.) Corner lot exemption is effective for sidewalks put in
during or after the 1999 Sidewalk Program.
B. Maintenance/Repairs.
The abutting property owner(s) shall pay the cost.
8. Implementation of Category Yellow Sidewalks
A. Yellow sidewalks shown on the PTCP shall be constructed each year
beginning in 201109 until complete.
B. The community will be divided into 9 zones as shown on the PTCP.
C. Approximately one mile from each zone will be selected by City
Administration for consideration and approval by the Council each
year until all yellow category sidewalks are constructed.
D. The City Engineer shall establish criteria to be used in prioritizing the
construction of sidewalks. Following are criteria to be considered:
(1) Development status
(2) Land use
CITY OF JANESVILLE Policy No. 70
Page 8 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
(3) Proximity to schools
(4) Traffic volume
(5) Presence on a bus route
E. The construction of sidewalks shall be scheduled so that the higher
priority sidewalks will be constructed in before the lower priority
sidewalks.
FD. It is estimated this program will be completed in approximately seven
(7) years.
E. For 2008, the program will consist of petitions and public safety
concerns.
9. Standards for Construction of New Sidewalk and Sidewalk Repair
A. New Sidewalks shall meet the following standards:
1) Minimum width shall be five feet (5’).
2) Minimum thickness shall be four inches (4”) for terrace walk
and six inches (6”) for driveway walk.
3) Cross-slopes shall be 1/4” per foot (2%) or less
4) Running and ramp slopes of ADA shall govern.
5) Grading shall provide positive drainage to prevent ponding of
water.
6) Horizontal alignment shall generally be one foot (1’) on the
right-of-way side of the property line. Exceptions to this may
be granted by the City Engineer.
7) Vertical alignment shall generally follow the curb line and be 6”
above or below the curb depending on terrain. Exceptions to
this may be granted by the City Engineer.
8) Material shall be portland cement concrete. Exceptions may be
granted by the City Engineer for driveway crossing if existing
drive materials provide a smooth hard surface meeting ADA
requirements.
B. Repair Sidewalks
1) Repair any sidewalk which:
a) Has adjacent sections with a three quarter inch (3/4”) or
greater vertical displacement.
CITY OF JANESVILLE Policy No. 70
Page 9 of 9
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised: 9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/09/2010, 3/1/2011
General Subject: Administration
Effective Date 3/019/110
Specific Subject: Sidewalk Construction,
Maintenance, and Cancellation Date
Assessment of Costs
Supersedes No. 18 & 48
b) May exhibit other hazardous conditions.
2) The appeal process for the implementation of repair sidewalk
standards shall move from the Sidewalk Inspector to Project
Manager for the Sidewalk Program to Assistant Engineering
Manager to Engineering Manager to Director of Public
Works/City Engineer to Assistant City Manager to City
Manager.
10. Permit Fees
A. Work Performed by Public Works contractor:
1) Administrative sidewalk program costs are included in the sidewalk
assessment rates referenced in section 7 – Cost Allocation. Therefore, no
permit fee applies to sidewalk maintenance work or new installation.
B. Work performed by property owners or private contractors:
1) Property owners electing to perform sidewalk improvements themselves or
choose to hire a private contractor to complete necessary improvements shall
pay a nonrefundable $75 permit fee to cover administrative costs associated
with staff coordination for compliance with City standards. The sidewalk
permit fee is required for each affected parcel and is required for a specific
sidewalk defect or installation.If property owners fail to complete necessary
repairs or installations by the deadline established, the City has the right to
add this work to the Public Works contract. Property owners will be given no
less than 30 days to complete the sidewalk repairs or installation before the
work could be added to a public works contract.
CITY OF JANESVILLE Policy No. 78
Page 1 of 2
CITY COUNCIL POLICY STATEMENT
Date Issued 11/11/97
General Subject: Administration Revised 12/4/2000,
3/1/2011
Effective Date 3/1/2011
_______
Specific Subject: Special Assessments
For Street Lighting Cancellation Date
Systems
Supersedes No. 30
PURPOSE: To record and establish a policy to levy and recover
Special Assessments for the installation of municipally-owned
street light systems to facilitate traffic flow, pedestrian safety
and property security; and to further facilitate the general safety
and welfare of the City’s neighborhoods.
STATEMENT OF POLICY:
I. GENERAL: Special Assessments shall be levied against all
property having frontage on a public street for the cost of
the initial installation of street light systems. These
.
street lights shall be assessed 100% The amount of the
Special Assessment shall be determined annually.
Construction of street light systems will normally follow the
installation of curb and gutter. The street light
installation would normallyoccur in the year following
installation ofcurb and gutter.
II. RESIDENTIAL STREET LIGHTING: The amount of the Assessment
shall be based upon those costs associated with the lighting
standards established for streets in residential subdivisions.
Street lights are installed at every intersection and mid-
block, 300-400 feet apart.
III. COMMERCIAL AND INDUSTRIAL LIGHTING: There are additional
costs associated with the higher, greater intensity lighting
in commercial and industrial surveys. The assessment shall be
based upon the actual cost of the equipment and installation,
and will be converted to a lot front assessment.
IV. METHOD OF DETERMINING SPECIAL ASSESSMENT: The Assessment cost
for a subdivision shall be established by multiplying the
average cost per street light per year by the number of lights
needed in each subdivision. The total cost for the
subdivision would then be divided equally for each lot in the
subdivision. Payment in accordance with Council Policy #87
shall be made prior to the City Clerk-Treasurer signing the
platThe total amount shall be paid prior to recording the
CITY OF JANESVILLE Policy No. 78
Page 2 of 2
CITY COUNCIL POLICY STATEMENT
Date Issued 11/11/97
General Subject: Administration Revised 12/4/2000,
3/1/2011
Effective Date 3/1/2011
_______
Specific Subject: Special Assessments
For Street Lighting Cancellation Date
Systems
Supersedes No. 30
plat, or the owner(s) would sign a waiver of special
assessment procedure whereby the amount for each lot could be
paid over five years with interest.
V. ASSESSMENTS FOR CERTIFIED SURVEYS: When the division of land
occurs as a Certified Survey, rather than a subdivision plat,
the assessment cost as established for subdivisions in section
IV above shall be converted to a lot front assessment, and the
total amount for the certified survey shall be established and
paid as provided for above.
VI. EXEMPTIONS UPON IMPLEMENTATION: All existing subdivisions and
surveys, which are on record prior to the effective date of
this policy, are exempt from this policy. The effective date
of this policy is January 1, 1998.
CITY OF JANESVILLE Policy No. 87
Page 1 of 4
CITY COUNCIL POLICY STATEMENT Date Issued
Revised:
General Subject: Administration
Effective Date 3/01/11
Specific Subject: Payment of Special
Assessments and Other Cancellation Date
Development Costs
Supersedes No.
PURPOSE
To establish policies and terms for the payment of special assessments associated
with the construction of various public improvements including grading and
graveling, paving, new sidewalk, water mains, sanitary sewers, storm sewers, and
street lighting; and establish criteria for the consideration of alternate payment
arrangements in cases of financial hardship.
STATEMENT OF POLICY
1.General
A.Those property owners benefitting from public improvements
constructed or installed adjacent to their property should pay for
such improvements.
B.The City of Janesville recognizes the substantial impact public
improvement costs have on the individual property owners and
may provide payment options to lessen that burden.
C.The City of Janesville is not a financial institution in the business
of financing improvement costs of private development.
2.Methods of payment for individual property owners.
A.Three methods of payment shall be available to any individual
property owner in the City of Janesville who is assessed for a
necessary public improvement. However, these payment methods
shall not apply to subdividers, land developers, speculative builders,
or owners of three or more vacant lots on the same street or within ¼
mile of another.
i.The assessment may be paid in cash upon completion of the
work.
ii.The assessment may be paid with property taxes for the first
year following the completion of the work. Interest shall be
charged beginning thirty (30) days after the date of the invoice.
iii.The assessment may be spread over a period of five (5) years
with interest at the prevailing rate per annum on the unpaid
balance. The first installment on the five-year plan shall
include 1/5 of the principal with the interest on the unpaid
portion, and shall be so entered in the tax roll. Each of the
CITY OF JANESVILLE Policy No. 87
Page 2 of 4
CITY COUNCIL POLICY STATEMENT Date Issued
Revised:
General Subject: Administration
Effective Date 3/01/11
Specific Subject: Payment of Special
Assessments and Other Cancellation Date
Development Costs
Supersedes No.
subsequent installments shall be entered in each of the annual
tax rolls thereafter until all are collected. Interest shall be
charged beginning thirty (30) days after the date of the date of
invoice.
B.Any of the methods of payment stated above may be elected by an
individual property owner on any assessment for a public
improvement project except for the installation of sewer and water
service pipes (laterals) and preliminary grading and graveling.
Exception
Special assessments for which the total amount due is less than $500
shall not be eligible for extended payment on either a five or ten year
plan. Such assessments may be paid under the provisions of
Paragraph A(i) or A(ii) above.
3.Methods of Payment for subdividers, land developers, speculative builders,
or owners of three or more vacant lots on the same street or within ¼ mile
of another.
A.Cash deposit prior to the commencement of any design work related
to the improvement in an amount equal to the City Engineer’s
estimate for the total cost of the improvement.
B.Posting a Letter of Credit satisfactory to the City prior to the
commencement of any design work related to the improvements in an
amount equal to 1½ times the City Engineer’s estimate for the total
cost of the improvement. Payment in full shall be due within thirty
days of the completion date or invoice date, whichever is later. Any
balance unpaid thirty (30) days after the invoice date shall be charged
interest at the applicable rate and drawn from the Letter of Credit.
4.Financial Hardships.
A.If an individual property owner has a financial hardship, they may
apply in writing to the City Clerk-Treasurer for alternate payment
arrangements. The property owner must provide whatever
information the City Clerk-Treasurer determines is necessary for the
purposes of determining financial hardship.
i.To spread payments over ten (10) years with interest; rather
CITY OF JANESVILLE Policy No. 87
Page 3 of 4
CITY COUNCIL POLICY STATEMENT Date Issued
Revised:
General Subject: Administration
Effective Date 3/01/11
Specific Subject: Payment of Special
Assessments and Other Cancellation Date
Development Costs
Supersedes No.
than five years as provided in Section 2 (A)(iii) the following
criteria must be met:
a.The property involved is owned by and is the primary
residence of such person.
b.The adjusted annual family income of such person is
equal to or less than 80% of the County median income
as established by the Department of Housing and Urban
Development.
ii.To have all payments deferred until ownership of the property
is transferred the following criteria must be met:
a.The property involved is owned by and is the primary
residence of such person.
b.The person is over 64 years of age or is handicapped so
as to limit earning ability.
c.The adjusted annual family income of such person is
equal to or less than 50% of the County median income
as established by the Department of Housing and Urban
Development.
During this period of deferment, no interest shall accrue on
any unpaid balance.
B.If the City Clerk-Treasurer determines that the property qualifies for a
financial hardship based upon the criteria established above, then
they may administratively approve the request. No further action by
the City Council is required.
C.A financial hardship is presumed to exist when an individual property
owner has a total of 400 linear feet of new sidewalk ordered installed
on a single property, or a combination of any number of properties on
a single public works contract. In such cases, payment for the
sidewalk improvements may be spread over ten (10) years with
interest at the request of the property owner; rather than five years as
provided above.
D.If a subdivider, land developer, speculative builder, or owner of three
or more vacant lots on the same street or within ¼ mile of another
(subdivider) has a financial hardship they may apply in writing to the
CITY OF JANESVILLE Policy No. 87
Page 4 of 4
CITY COUNCIL POLICY STATEMENT Date Issued
Revised:
General Subject: Administration
Effective Date 3/01/11
Specific Subject: Payment of Special
Assessments and Other Cancellation Date
Development Costs
Supersedes No.
City Clerk-Treasurer for alternate payment arrangements.
i.The following information must be provided for the purposes of
determining financial hardship:
a.Federal Income Tax return for the prior year, including
all schedules, attachments, and supporting
documentation, for the owner.
b.Current financial statements.
c.Twelve month payment history for any outstanding loans
on the property.
d.A plan for meeting future payment obligations on the
property including, but not limited to, property taxes,
loans, and assessments.
ii.In their written request the subdivider must request specific
payment arrangements.
iii.The subdivider must demonstrate that the granting of these
alternate payment arrangements will allow them to meet their
current and future payment obligations on the property.
iv.The City Clerk-Treasurer will evaluate the information provided
and prepare a recommendation to the City Council. All such
requests must be approved by the City Council.
ORDINANCE NO. 2011 – 478
An ordinance eliminating waiver of special assessment procedures as a means for satisfying new
developer/subdivider storm sewer, sidewalk, and street lighting payment obligations under JGO
Chapters 17.44, 17.46, and 17.47.
THE COMMON COUCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
JGO 17.44.010 D. is hereby repealed.
SECTION II.
JGO 17.44.010 E, F, and G are hereby renumbered D, E, and F, respectively.
SECTION III.
JGO 17.46.010 B., last sentence is repealed. The remainder of the subsection
shall remain in full force and effect.
SECTION IV.
17.47.010 B, last sentence is repealed. The remainder of the subsection shall
remain in full force and effect.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric Levitt, City Manager
McDonald
ATTEST:
Steeber
Perrotto
Jean Ann Wulf, City Clerk-Treasurer
Truman
Rashkin
APPROVED AS TO FORM:
Voskuil
______
Wald Klimczyk, City Attorney
Proposed by: Assistant City Manager
Prepared by: City Attorney Wald Klimczyk