Item 8: An Ordinance Concerning Assessments for Street Improvements

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(c) Notwithstanding any provision in subsections (3) through [(12)] (9) of this section and section 7.180, the city engineer may accept an alternative means of assessments or other means of collecting funds for local improvements if: 1. The alternative means is approved by all affected property owners; and 2. The city engineer determines that the alternative means adequately protects the city’s interest in recovering its costs. (3) [ Street construction assessments – General. (a) Assessable components of street improvements include driveway aprons, a share of the improvements to the traveled way from back of curb to back of curb as provided in section 7.175(4) and (5) (including, but not limited to street structure of a thickness determined by the city engineer as provided in sections 7.175(4)(a) and 7.175(5)(a), lanes for vehicular use, parking and parking bays); curbs; gutters; catch basins, piping and other features necessary to remove and treat or cleanse storm water from the improved surfaces; and other related features. (b) Except when special circumstances exist that are identified in the resolution creating an assessment district, assessments for street improvements generally shall be based on the number of linear feet of property to be assessed, as provided in sections 7.175(3)(d) and (e) and 7.175(5)(c), multiplied by the per-foot cost of the assessable components described in paragraph (a) of this subsection. The portion of the street pavement to be assessed against an individual parcel shall be based on the assessable widths identified in subsections 7.175(4)(b) and 7.175(5)(b). Where not all of the linear feet of a parcel abutting a street improvement are included in the assessment to be levied at the time the improvement is constructed, the parcel may be subject to a delayed equivalent assessment as provided in sections 7.175(3)(e) and (g), 7.175(4)(d) and 7.175(5)(d). (c) For purposes of subsections 7.175(4) and (5), “development” means a structure designed or used for human residence, business, industry or other occupancy, or any physical alteration to land designed, used or intended to serve such a structure or a business or other use whose employees or customers access the structure or business or other use from a street. “Developed parcel” means a parcel, or a group of parcels with development that functions as an integrated development, that at the time of substantial completion of the street improvement project has any development on it, except for ancillary structures on a parcel used exclusively for farm use. “Fully developed parcel” means a parcel that has development on it and that has no undeveloped portion that could be further partitioned or subdivided for purposes of additional development. “Partially developed parcel” means a parcel that has development on it but which has an undeveloped portion that could be further partitioned or subdivided in the future. “Vacant parcel” means a parcel that has no development on it. (d) Vacant parcels less than one-half acre in size with residential zoning and fully developed parcels with a single family dwelling or duplex and residential zoning shall be assessed for the actual front footage abutting the improvement, except that no parcel shall be assessed for less than 50 feet of frontage or more than 100 feet of frontage. Ordinance - Page 3 of 13 Version A