In determining the amount and method of the annual benefit assessments:
(A) No benefit assessment shall exceed the assessed value of the property, excluding any improvements thereon, after giving effect to benefits accruing thereto from the improvement for which the property is being assessed;
(B) Annual benefit assessments shall be levied with interest at the same rate as borne by the last capital improvement bonds issued by the county. Such levy against properties for improvement of private roads shall amortize the cost over a period of not more than ten years;
(C) The method of cost calculation may be assessed differently than stated hereafter in this subchapter, provided that said calculation is agreed upon unanimously among affected homeowners;
(D) Property owners whose properties abut or access the improved road by private driveway, private road, or use-in-common driveway shall be liable collectively for 100% of the costs of construction and improvement, including such overhead costs as engineering, advertising, and legal expenses;
(E) The total of all costs determined to be the benefit assessment shall be divided among the affected property owners. When the county establishes the annual front-foot benefit assessment, it shall be based on assessed value of land only;
(F) After the road is constructed and taken into the county system, if abutting land is subdivided within the assessment period, the property owner shall agree to the levy of front-foot benefit assessments against the properties being subdivided pursuant to a contract with the county prior to recordation of a subdivision plat or deed creating an offconveyance. The contract shall provide for the classification of each property served, its applicable assessment of the land value only (not to include improvements);
(G) Upon the collection of the cost of road construction from the owner or owners of land subdivided as provided in division (F) above, where the cost exceeds the original assessment for the property being divided, the County Commissioners, immediately after the expiration of the assessment period, shall reduce the amount of remaining assessments proportionately among the owners of the remaining lands abutting on the road; and
(H) The method of determining individual lot assessments may be changed if the following conditions are met:
(1) There is unanimous agreement of all owners of affected properties, in writing; and
(2) The agreement binds successors in title, is approved by the County Commissioners, and is recorded in the Land Records of Carroll County.
(2004 Code, § 197-27) (Ord. 98-01, passed 11-18-1998; Ord. 02-04, passed 3-14-2002)