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2016-627 ORDINANCE NO. 2016 -627 An ordinance eliminating certain waiver of special assessment procedures as a means for satisfying new subdivision developer /subdivider storm sewer, sidewalk, and street lighting payment obligations under JGO Chapters 17.44, 17.46, and 17.47, with penalties and other relief for violations thereof as set forth in JGO Chapter 17.56. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 17.44.010 D. of the Code of General Ordinances of the City of Janesville is hereby repealed and recreated to read as set forth in the "track changes" attachment hereto. SECTION II. Sections 17.44.010 E., F., and G. of the Code of General Ordinances of the City of Janesville are hereby renumbered 17.44.010 D., E., and F., respectively. SECTION III. Section 17.46.010 of the Code of General Ordinances of the City of Janesville is hereby repealed and recreated to read as set forth in the "track changes" attachment hereto. SECTION IV. Sections 17.47.010 B,C,D and E., of the Code of General Ordinances of the City of Janesville are repealed. The remainder of the section shall remain in full force and effect. ADOPTED: February 8, 2016 Motion by: Gruber Second by: Tidwell APPROVED: Councilmember Aye Nay Pass Absent Bobzien X Deupree X Ma . Freitag, City Man Farrell X Gruber X ATT . ' ' � i Liebert X Marklein X �' Tidwell X Dave Godek, City CI - rk- Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Deputy City Manager Ryan McCue and Ad Hoc Council Committee Prepared by: City Attorney Wald Klimczyk f STORM SEWERS AND STORMWATER FACILITIES Sections: 17.44.010 Construction fees. D. • Waiver Procedure for Storm Sewer and Stormwater Facility Charges. 1. The City Council may, following recommendation by the Plan Commission, accept and approve a waiver of assessment procedure for the cost of storm sewer and storm water facilities 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. 2. 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. 3. Upon request for the waiver procedure, the staff shall calculate the total cost of the storm sewer and storm water 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. 4. The owner of each parcel so affected by the storm sewer and storm water charges shall sign the waiver document which shall be properly notarized as called for in the document. 100% of the individual owners, and developer must sign the waiver document agreeing to the special assessments to be levied. 5. The City Council, prior to approving the subdivision plat, certified survey, or land division should review the storm sewer and storm water charges and determine whether or not they will require the cash deposit or allow the waiver procedure as requested. If the Council, following recommendation of the Plan Commission, 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. 6. 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 Statues. 7. 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. SIDEWALKS Sections: 17.46.010 Construction -- new installation . • • • • . • • • . A. It is found and declared that division and subdivision of land in the City has necessitated and will continue to necessitate and construction, installation, maintenance and use of sidewalks to provide the safe, effective and appropriate movement of pedestrians including, but not limited to, the elderly, children, persons with special physical attributes as well as residents and property owners of all kinds and nature; that the safe movement of vehicular traffic requires the installation and maintenance of sidewalks; that new areas of development provide the most efficient, effective and low cost means for installation; that the City has adopted a comprehensive plan and one or more other policies providing for sidewalk installation; that such plans require construction of sidewalks in new development areas, occasionally in areas removed from improved properties; • . • _ . • . • . • - the activities of subdividers; that the ordinance codified in this section is enacted in order to facilitate the legitimate and pressing health, welfare and safety of pedestrian and vehicular needs and responsibilities of the City; that sidewalks are necessary and beneficial to the health, welfare and safety of the City, its residents and general public; that the cost of initial sidewalk land usc; and the necessity in the public interest for the provisions enacted in this chapter is declared a matter of legislative determination. presented to thc City for approval, and as a condition for approval, thc subdivider or othcr C. No such money dcpositcd shall be spent by tl - ' •. ..... - - . D. No approval shall be granted by any City official, board, commission or council necessary for thc division or subdivision under proposed plat, certified survey or othcr subdivision. B. FT—The Plan Commission shall be the agency which shall review any initial determination made pursuant to this chapter. G . Ncw sidewalk installations undcr this chapter shall be constructed and/or bid as C. HThe City Engineer shall, consistent with Wisconsin statutes and sub paragraph B above, and without the necessity for additional action by the Common Council, order and/or cause the installation/construction of sidewalks within 12 months of issuance of occupancy permit or in the event that eighty percent (80 %) or more of an existing or future subdivision, tract, plat, survey or area becomes developed, whichever occurs first. Nothing herein shall be construed as prohibiting any individual property owner from requesting or effectuating installation of a sidewalk in front of such owner's property. I. Property owncrs may request an extension of up to 12 months if the installation of the sidewalk will coincidc with City imposed time limits for driveway installation. D. Notwithstanding any provision to the contrary in this chapter, each and every property owner shall comply with each and every other code provision pertaining to sidewalks including, but not limited to, maintenance and previensidewalk installation. E. Kr—Any plat, certified survey, or other division of land presented to the City for approval, and as a condition of approval, shall be required to contain and construct sidewalks on both sides of each street including cul -de -sacs set forth in and applied to all areas of the proposed plat, certified survey, or other land division. Sidewalk installation on both sides of the street in all new subdivisions is subject to the following conditions: 1. Where an existing street ends at mid -block with no existing or designated sidewalks, and a certified survey map or plat is proposed to extend that street, no sidewalk shall be required for said new street portion to block corner unless authorized by the City Council. 2. The City Council, • • . - - • - . - - - 1 •. - .. , may modify this section where the sidewalk placement is not physically practical. Chapter 17.47 STREET LIGHTING Sections: 17.47.010 Construction — new installation — cost satisfaction by subdivider. A. It is found and declared that division and subdivision of land in the City has necessitated and will continue to necessitate the construction, installation, maintenance and use of street lights to facilitate traffic flow, pedestrian safety, and property security; that this required installation of new street lights is specifically, uniquely, fairly and appropriately attributable in necessity and cost to the activities of subdividers; that the ordinance codified in this section is enacted in order to facilitate the legitimate and pressing health, welfare and safety of citizens and responsibilities of the City; that street lights are necessary and beneficial to the health, welfare and safety of the City, its residents and the general public; that the cost of initial street lighting is one that should be borne by those who create the need for the subdivision and/or land use; and the necessity in the public interest for the provisions enacted in this chapter is declared a matter of legislative determination. B. At thc time any plat, certified survey or other division of land or subdivision is - - . . - . ... . .,....... _. . •. . ., ... •. - the City Engineer and solely to be used for the install ' : - - • _ • . - : • , - t he C ommon C ounc i C. No such money deposited shall bc spent by thc City for any purposc cxccpt to pay D. No approval shall bc granted by any City official, board, commission or council E. The method for computing thc amount of thc deposit shall include, but is not FB. The Plan Commission shall be the agency which shall review any initial determination made pursuant to this chapter. GC. New streetlight installations under this chapter shall be constructed as is customary for public works projects of this kind in accordance with applicable law.