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Janesville is hereby repealed and recreated to read as set forth in the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Janesville is hereby repealed and recreated to read as set forth in the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the City of Janesville are repealed.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.