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CP063 (Special Assessments for Public Works Improvements)CITY OF JANESVILLE Policy No. 63 Page 1 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 8/22/1988 Revised 1/11/2016 General Subject: Administration Effective Date: 7/11/2022 Specific Subject: Special Assessments Cancellation Date: For Public Works Supersedes No.2,6,28,33,34,38,57 Improvements Responsible Engineering Division Dept./Div.: 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. Special assessments relating to curb and gutter replacement. III. Deferrals of special assessments. In addition, charges for storm sewers are governed by Ordinance #2000-59; sidewalks by Council Policy #70; street lights by Council Policy #78; and payment of special assessments and other development costs by Council Policy #95 and State Statutes. POLICIES I. Levying of Special Assessments. A. Rates. Special assessment rates shall be calculated with a goal of recovering 100% of the total cost of each year’s sewer and water program and 100% of the total cost of each year’s new street program with the exception of water mains with a diameter in excess of 12 inches, and extra width streets. In these cases the assessment rate shall not include the incremental cost of the oversize improvement above the standard. The cost shall include the full cost of construction, engineering services, and administration. The assessment rates for sewer, water, curb & 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 Department Head level including salaries/wages, fringe benefits, related support services such as supplies, materials, vehicles, etc. CITY OF JANESVILLE Policy No. 63 Page 2 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 8/22/1988 Revised 1/11/2016 General Subject: Administration Effective Date: 7/11/2022 Specific Subject: Special Assessments Cancellation Date: For Public Works Supersedes No.2,6,28,33,34,38,57 Improvements Responsible Engineering Division Dept./Div.: 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 served on both sides. c. Assess that side frontage of corner lots greater than 70 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 70 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 70 feet. c. 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. CITY OF JANESVILLE Policy No. 63 Page 3 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 8/22/1988 Revised 1/11/2016 General Subject: Administration Effective Date: 7/11/2022 Specific Subject: Special Assessments Cancellation Date: For Public Works Supersedes No.2,6,28,33,34,38,57 Improvements Responsible Engineering Division Dept./Div.: a. Assess full frontage along all sides served. b. There shall be no corner or rear frontage exemptions. 4. All sites along major highways where mains are or will need to be installed 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. 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. 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. 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. c. Exempt that frontage where lot depth is less than 50 feet when lot is not covered by any other exemption. CITY OF JANESVILLE Policy No. 63 Page 4 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 8/22/1988 Revised 1/11/2016 General Subject: Administration Effective Date: 7/11/2022 Specific Subject: Special Assessments Cancellation Date: For Public Works Supersedes No.2,6,28,33,34,38,57 Improvements Responsible Engineering Division Dept./Div.: d. Exempt any roadway width in excess 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 48 feet of pavement, 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 street shall include the full cost including all curb and gutter on both sides of the roadway. b. These assessments are in addition to any assessments levied for highway improvements. II. Special Assessments Relating to Curb and Gutter Replacement A. The City shall pay the entire cost for curb and gutter replacement where the City Engineer determines such replacement is necessary on streets included on the annual rehabilitation program. B. Standards for replacement shall be as established and modified from time to time by the City Engineer 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 necessary to complete the work, including the cost of removal of the existing curb & gutter, driveway apron and/or sidewalk replacement, and pavement patching. D. If an abutting property owner desires replacement of curb and gutter on any street not proposed for the annual rehabilitation program for any reason, such replacement shall be assessed at 100% of the total construction costs necessary to complete the work, CITY OF JANESVILLE Policy No. 63 Page 5 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 8/22/1988 Revised 1/11/2016 General Subject: Administration Effective Date: 7/11/2022 Specific Subject: Special Assessments Cancellation Date: For Public Works Supersedes No.2,6,28,33,34,38,57 Improvements Responsible Engineering Division Dept./Div.: including the cost of removal of the existing curb & gutter, driveway apron and/or sidewalk replacement, and pavement patching. III. 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 may be granted at the discretion of the Council on the following basis. 1. A non-use deferment, if granted, shall be until connection is made, the property is sold, assigned transferred in any manner, subdivided, platted, or rezoned and may include any or all public improvements. Following the deferment period, 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 pay the assessment in accordance to the terms outlined in Council Policy No. 95. 2. Non-use deferments shall be granted only on properties while they are used for agricultural purposes. Such deferments shall automatically terminate and assessments come due including accrued interest upon connection, the property is sold, assigned, transferred in any manner, subdivided, platted, or rezoned. 3. For construction commencing after October 1, 2015, 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. CITY OF JANESVILLE Policy No. 63 Page 6 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 8/22/1988 Revised 1/11/2016 General Subject: Administration Effective Date: 7/11/2022 Specific Subject: Special Assessments Cancellation Date: For Public Works Supersedes No.2,6,28,33,34,38,57 Improvements Responsible Engineering Division Dept./Div.: C. Exceptions to this policy may be made under the following condition: 1. When public improvements are required that, in the judgement of the Council will result in a substantial economic gain to the city or at Council discretion. D. 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. E. 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. F. Cemeteries. No deferrals shall be granted for water or sewer mains if the cemetery has a connection to the system. G. Deferments after adoption of final resolution. 1. Generally, special assessments are imposed following the procedures outlined in State Statutes. Those statutes require a final resolution, which describes among other things the method of payment. Only the Council may grant deferments.