This Chapter is intended to apply to improvements that are made within primarily single family residential neighborhoods, but may be applied to any improvement by indicating such intent in the Resolution of Necessity. For the improvement of streets and easements in these neighborhoods by the construction or installation of the improvements described in Section 925.01, any special assessment levied shall be levied in proportion to the benefits that may result from the improvement upon all property bounding and abutting on the improvement or specially benefited by the improvement, which benefits are hereby determined to be:
(1) For the new construction of pavement, reconstruction of existing pavement, resurfacing of pavement or pavement surface treatment, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of lineal feet of benefited property frontage bounding and abutting on the improvement; the rate being applicable to pavements twenty (20) to twenty eight (28) feet in width, with or without curbs. Where additional pavement width is provided for on street parking on one side of the street the applicable assessment rate shall be increased by twenty five percent (25%) and where on street parking is on both sides of the street the applicable assessment rate shall be increased by fifty percent (50%).
(2) For the construction, reconstruction or repair of any sidewalks, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of lineal feet of benefited, property frontage bounding and abutting on the improvement, provided that the provisions of this paragraph shall not apply to special assessments for the construction or repair of sidewalks in accordance with proceedings undertaken pursuant to Ohio Revised Code Chapter 729. Sidewalk shall be replaced and the cost assessed to the property owner, if one or more of the following conditions are applicable:
(a) The section of walk has one or more cracks which are one eighth (1/8) inch or more wide or are raised or depressed one half (1/2) inch or more from one side of the crack to the other.
(b) The surface of the section of walk is rough and/or unsightly due to concrete spalling, popping of stones, or general deterioration.
(c) The joint between sections of walk is wider than one (1) inch or is raised or depressed one half (1/2) inch or more from one side of the joint to the other.
(d) The sidewalk slopes away from the street or has low points which cause ponding or puddling of water.
(e) The walk slope from side to side exceeds three quarter (3/4) inch per foot.
(f) The walk slope in the direction of travel exceeds one (1) foot in eight (8) feet.
(g) The walk must be reconstructed to conform to the line, grade, or construction standard of the approved plans for the project.
(h) The walk is constructed integral with a curb or a drive approach which must be replaced.
(i) The walk must be rebuilt to permit proper grading of driveways.
(j) The walk must be replaced to eliminate a bump at a drive approach which is greater than one and one half (1 1/2) inches or to eliminate ponding at the drive approach.
(k) The section of walk must be removed to permit construction or replacement of a roof drain pipe, sanitary sewer house connection, water service house lateral or yard drain connection.
(l) The section of walk is between two sections of walk which must be replaced to conform to the above criteria; and/or
(m) Seventy percent (70%) of the walk along the lot frontage must be replaced and the remaining thirty percent (30%) is of a color, condition or surface texture which will not conform with the new walk or is in a condition that will probably result in its need for replacement sooner than the proposed new walk.
The rate for walk shall be applicable to walk widths of five (5) feet or less. Where commercial properties are encountered with walks wider than five (5) feet, then the special assessment rate shall be increased in direct proportion to the proposed width of the new walk.
(3) For the construction, reconstruction or repair of curbs, and where there are no existing or proposed curbs, for the construction or reconstruction of roadside ditches or swales, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of feet of benefited property bounding and abutting on the improvement provided that the provisions of this paragraph shall not apply to special assessments for the construction or repair of curbs in accordance with proceedings undertaken pursuant to Ohio Revised Code Chapter 729. Curb shall be replaced and the above cost assessed to the property owner if one or more of the following conditions are applicable:
(a) The curb is cracked or broken into sections or pieces less than five (5) feet in length.
(b) The surface of the curb is spalled or otherwise damaged or deteriorated with the spalled, damaged or deteriorated areas being more than two (2) inches in diameter and more than 1/2 inch deep.
(c) The curb, or curb gutter, is tilted or sloped toward the street.
(d) The curb is settled or offset at a crack or joint such that water will pond in the gutter to a depth of 1/2 inch or more.
(e) The curb was constructed integral with a walk, drive or street section which must be replaced.
(f) The curb must be reconstructed to conform to the line, grade or construction standard of the approved plans for the project.
(g) The curb must be replaced to eliminate a bump at a drive approach which exceed two (2) inches.
(h) The curb is depressed below the proper drive grade.
(i) The curb has been damaged during driveway installation such that either the joint between the curb and drive is such that it cannot be properly sealed against the entry of surface water or the drive has been placed over the damaged curb resulting in a broken joint or a joint with a bump exceeding two (2) inches.
(j) The curb section must be replaced to properly repair a roof drain connection through the curb.
(k) The section of curb is between two sections of curb which must be replaced to conform to the above criteria; and/or
(l) Seventy percent (70%) of the curb along the lot frontage must be replaced and the remaining thirty percent (30%) is of a condition which will not conform with the new curb or is in a condition that will probably result in its need for replacement sooner than the proposed new curb.
(4) For the construction, installation or replacement of street trees and/or decorative street lights, and for the grading, restoration, seeding and mulching of lawn areas within the improvement, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of lineal feet of benefited property frontage bounding and abutting on the improvement.
(5) For the construction of driveway approaches, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of square feet of each driveway approach to be constructed, except that the rate for multifamily and commercial or industrial drives shall be increased by twenty five percent (25%) to account for the cost of the extra thickness required. Driveway approaches shall be constructed of concrete on streets with curbing and shall be constructed of asphalt on streets without curbing. The driveway approach shall be replaced and the cost assessed to the property owner if one or more of the following conditions are applicable:
(a) The driveway approach is constructed of dirt, gravel or stone and is within the limits of a project involving street, sidewalk and driveway approach rehabilitation or is in a condition such that dirt, gravel, stone or other debris from the driveway approach is carried onto the street surface.
(b) The driveway approach has been constructed over the curbing and must be replaced to permit replacement of the curb or is too high to match the proper grade of the street.
(c) The driveway approach creates a bump of more than two (2) inches at the street curb or at the sidewalk.
(d) The driveway approach has not been maintained in accordance with the approved site plan.
(e) The driveway approach is cracked or broken into one or more pieces less than three (3) feet in either dimension.
(f) The driveway approach is spalled or potholed with a hole or holes greater than six inches (6") in diameter and greater than two inches (2") deep.
(g) The driveway approach traps water behind the curb or on the sidewalk.
(h) The drive approach is constructed integral with a walk or curb section which must be replaced.
(i) The drive approach must be replaced to correct a problem of vehicles dragging when entering or leaving the drive; and/or
(j) The drive approach must be replaced to conform to the line, grade or construction standard of the approved plans for the project.
(6) For the construction, reconstruction, replacement and/or installation of roof drain pipes, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of roof drain pipes to be installed.
(7) For the construction, reconstruction or replacement of storm sewers, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of lineal feet of benefited property frontage to be assessed for the improvement. Any property not currently served by storm sewer shall be subject to a storm sewer assessment when storm sewer construction occurs on the street upon which the property abuts. Ditch elimination pipe (pipe laid in ditches, connecting culverts) and inlets connected to ditch elimination pipe are not properly designed storm sewer systems and their existence shall not be reason for waiver of a storm sewer assessment.
(8) For the construction of sanitary sewers, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of lineal feet of benefited property frontage to be assessed for the improvement. The assessment rate shall apply to the entire frontage of the parcel served even though the sewer pipe may not extend across the entire frontage served, as may be the case for a property located at the end or at a change in direction of a sewer, as the assessment rate is based upon the average cost to serve all parcels. The assessment rate shall apply to the reconstruction or replacement of substandard and/or private sanitary sewers. Where a property owner desires sewer service for a parcel for which a sewer is available for a proper connection, but the sewer has not been constructed across the total frontage of the parcel, or the sewer was constructed prior to the parcel being incorporated into the City or was for any other reason constructed without the costs being assessed to or paid by the owner of the parcel, the owner may elect to pay the applicable assessment rate in lieu of constructing the sewer across the frontage.
(9) For the construction, reconstruction or replacement of sanitary sewer building connections, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of sanitary sewer building connections to be constructed;
(10) For the construction of water mains, except for those listed in paragraph (11), there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of lineal feet of benefited property frontage to be assessed for the improvement. The assessment rate shall apply to the entire frontage of the parcel served even though the waterline may not extend across the entire frontage served, as may be the case for a property located at the end of or at a change in direction of a waterline, as the assessment rate is based upon the average cost to serve all parcels. Where a property owner desires water service for a parcel for which a waterline is available for a proper connection but the waterline has not been constructed across the frontage of the parcel, or the waterline
was constructed prior to the parcel being incorporated into the City or was for any other reason constructed without the costs being assessed to or paid by the owner of the parcel, the owner may elect to pay the applicable assessment rate in lieu of constructing the waterline across the frontage.
(11) For the construction of water mains to replace substandard private water mains and water mains less than six inches (6") in diameter, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of lineal feet of benefited property frontage to be assessed for the improvement.
(12) For the construction of water service connections, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of water service connections to be constructed, except that water service connections greater than one inch (1") shall be constructed as a special item. For the construction, reconstruction or replacement of water service lines, there shall be assessed a portion of the cost of the improvement computed by multiplying the applicable special assessment rate by the number of lineal feet of water line to be constructed, except that water service lines greater than one inch (1") diameter shall be assessed as a special item.
(13) For the construction of special items as defined in Section 925.01
(27), there shall be assessed the cost of the improvement in an amount equal to 100% of the total estimated cost of the improvement.
The applicable special assessment rates for the above described improvements are set forth in Section 925.05. The applicable special assessment rates are intended for the guidance of this Council and the various departments of the City and are intended to be generally applicable to improvements undertaken pursuant to this Chapter; provided, however, that nothing in this Chapter shall prohibit this Council from using rates for special assessments different from those set forth herein when this Council determines that such use is warranted in connection with a particular improvement or improvements for which special assessments are to be levied. Further, nothing in this Chapter shall prevent Council from approving a report of a Board of Equalization in which the Board has recommended a deviation from the uniform assessment methodology and applicable rates set forth in this Chapter. The rates may be applied to any or all improvements at the discretion of City Council and may be applied equally to projects regardless of the source of funding for the City's portion of the project cost. The Resolution of Necessity shall state the specific improvement items which are intended to be constructed and assessed as a part of the improvement.
(Ord. 1992-23. Passed 4-8-92.)