(A) Generally.
(1) Petition for improvements. All petitions for improvements shall be made no later than January 31 of the year the improvements are to be constructed.
(2) Petition and waiver. When improvements are to be constructed in new developments, the City Council may require the developer to sign a petition and waiver, the form of which may be found on file in the office of the Administrator.
(3) Hearing. All hearings, as outlined in state statutes and city ordinances, shall be held as required.
(B) In undeveloped lands. UNDEVELOPED LAND is defined as all areas in the city that are open without any infrastructure improvements, and where the land is usually owned by a developer. In undeveloped lands, public improvements may be installed by the city and assessed to the benefitted property (public financing), or
may be financed by the property owner or owners (private financing). The City Council shall make the final decision as to which method of financing will be used.
(1) Public financing. In this method of financing, all public improvements will be installed by the city and the costs paid in the following manner.
(a) All storm drainage costs will be assessed to the development on a per lot basis.
(b) All sanitary sewer and water main construction costs will be assessed on a per front foot basis.
(c) All service line construction costs will be paid by the city and assessed on a per unit basis.
(d) All street construction costs, including grading, base, curb and gutter and surfacing, will be assessed on a per foot basis.
(e) Trunk line sewer and water main construction costs will be assessed to the benefitted property on a per lot basis.
(f) All assessments shall be made over a period of 15 years, with a simple interest charge to be set by the City Council.
(g) No assessments will be deferred.
(h) Electrical power lines and transformers shall be installed by the city. The cost of power lines and transformers will be shared by and between the city and the owner/developer. The cost of electrical power lines and transformers to owners/developers shall be set by resolution of the City Council. The city shall furnish and install the meter. The owner/developer shall furnish the service line wire, trench and electric meter socket, which shall comply with the following specifications:
1. Meter socket specifications: Milbank 100 amp U7487XL or equivalent 200 amp U7040XL or equivalent;
2. Service wire specifications: 100 - 150 amps, 2/0 conductor; and (200 amps and services longer than 200 feet or special requirements: 4/0 conductor.)
3. Trenching. Depth according to State Electrical Code for electric services. Warning tape above service line. Upon occupancy of the property, it will be the owner’s responsibility to maintain the service line to the house. Prior to the installation of any temporary or permanent electrical connections, the owner/developer shall pay the appropriate fee to the City Administrator’s office together with building permit fees and other applicable charges for obtaining the building permit.
(i) The front footage of irregular lots shall be defined as the area of the lot divided by the average lot depth of the rectangular lots in that subdivision.
(j) The property owner or developer shall place in escrow a sum of money equal to 10% of the estimated construction costs. The sum shall be refunded after the first year's special assessments have been paid on the public improvement. With City Council approval, an "irrevocable letter of credit" may be substituted for the escrowed money.
(k) The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay to the City Administrator the whole of the assessment on the property, or he or she may make a partial payment pursuant to the ordinance providing therefor, with interest accrued to the date of the payment, and thereafter interest is accrued on the remaining balance of the partially prepaid assessment; except that, no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment.
(l) Where a valid petition and waiver agreement is in place, the City Council may offer to accept interest only payments for three years in order to facilitate development.
(2) Private financing. This method of financing shall be used in the following manner: all work shall be performed at the sole expense of the developer or property owner and in accordance with plans, specifications and contract conditions approved by the city. The contractor/developer/property owner shall place in escrow a sum of money equal to the estimated construction cost or may provide the city with an irrevocable letter of credit equal to the total cost of the project in lieu of the escrowed funds. The developer or property owner shall enter into a contract with the city, the form of which may be found on file in the office of the Administrator. This contract shall include provisions for inspection of construction by the City Engineer or his or her authorized representative.
(3) Assessment. In the case of partial reconstruction of a street or construction of a limited number of infrastructure items in developed areas or in areas that are a mixture of developed land and undeveloped land, the city shall assess the benefitted properties on a case by case basis.
(Prior Code, § 18.1-4) (Ord. 556, passed - -; Ord. 627, passed - -; Ord. 652, passed - -; Ord. 682, passed 2-17-1993; Ord. 684, passed 5-19-1993; Ord. 685, passed - -; Ord. 748, passed - -; Ord. 761, passed - -; Ord. 778, passed - -; Ord. 865, passed 11-22-2016)