When a parcel of land has a deferred assessment which becomes due and payable under Section 925.10, and when said parcel is being subdivided pursuant to the Zoning Regulations of the Kent Codified Ordinances, the developer of said subdivision may apply to the City to have the assessment placed as a lien on the buildable lots (sublots) in said subdivision, payable over the remaining years of collection on the original assessment. The same rate of interest as was designated by City Council for the original assessments would apply. For instance, if the original assessments (not deferred) were payable over twenty (20) years, and the County Auditor began collecting the assessment five (5) years ago, the parcels now being subdivided would have the remaining fifteen (15) years to pay their assessments as calculated by the County Auditor and the City’s Director of Budget and Finance. The assessment may be placed as a lien under this section only upon compliance with the following requirements:
(a) The application from the developer for the passing of responsibility for paying previously deferred assessments to the owners of buildable sublots in a subdivision must be submitted to the Director of Budget and Finance, with copies to the City Manger, the Director of Community Development and the Clerk of City Council.
(b) City Council must approve the proposal of the developer to pass on the assessments to the buildable sublot owners.
(1) The taxes and assessments on said parcels of land must be current before Council can approve said proposal.
(2) Should Council approve the application of a developer to pass on assessments to buildable lots and/or sublots, the Community Development Department will notify all title companies in the county of said decision.
(c) The transfer of the assessments of the original parcel to buildable lots or sublots must be recorded on the plat for said subdivision, in language approved by the City Law Director. This also applies to condominium property. The amount of the assessment passed on to each lot or sublot should be proportional to the size of the buildable lot or sublot.
(d) In circumstances where the developer is creating condominiums pursuant to Ohio Law. the assessments shall be passed on to the individual unit owners, according to the unit owners percentage of ownership in the condominium association. The condominium association may choose to make the payments on behalf of the unit owners.
(e) The lien will be secured and evidenced by a promissory note and mortgage deed on said subdivision.
(f)` Application for passing on previously deferred assessments to the owners of the sublots in a subdivision must also be approved by the County Auditor.
(g) The requirements of this section are in addition to the variance the developer would need pursuant to Section 1185.05
(b)(2)(L) of the Kent Codified Ordinances.
(h) The assessments shall not be passed on to public streets and rights-of-ways, public easements, and City park lands, or any other publicly held lands.
(Ord. 2001-95. Passed 10-3-01.)
TABLE “A”
APPLICABLE SPECIAL ASSESSMENT RATES
Improvement Item** | Unit | Constructi on Cost Ratio*** | 1992 Rate | 1993 Rate | 1994 Rate | 1995 Rate | 1996 Rate |
Pavement (new) | F.F. | 0.500 | $27.75 | $28.75 | $30.00 | $31.25 | $32.50 |
Pavement (reconstructed) | F.F. | 0.333 | $18.50 | $19.25 | $20.00 | $20.75 | $21.50 |
Pavement (repaired and resurfaced) | F.F. | 0.333 | $6.00 | $6.25 | $6.50 | $6.75 | $7.00 |
Sidewalks (new) | * L.F. | 0.500 | $7.00 | $7.25 | $7.50 | $7.75 | $8.00 |
Sidewalks (removed and replaced) | * L.F. | 0.400 | $6.75 | $7.25 | $7.50 | $7.75 | $8.00 |
Curbs (new) | *L.F. | 0.500 | $7.25 | $7.50 | $7.75 | $8.00 | $8.50 |
Curbs (removed and replaced) | *L.F. | 0.333 | $5.75 | $6.00 | $6.25 | $6.50 | $7.00 |
Roadside ditch/swale (new) | *L.F. | 0.333 | $5.50 | $5.75 | $6.00 | $6.25 | $6.50 |
Roadside ditch/swale (reconstructed) | *L.F. | 0.333 | $3.50 | $3.75 | $4.00 | $4.00 | $4.25 |
Restoration, seeding and mulching | L.F. | 0.500 | $2.75 | $2.75 | $3.00 | $3.00 | $3.25 |
Street trees (new or replaced) | F.F. | 0.500 | $2.75 | $3.00 | $3.00 | $3.25 | $3.25 |
Decorative street lights | F.F. | 0.875 | $13.25 | $13.75 | $14.25 | $14.75 | $15.50 |
Driveway approach (new or replaced) | S.F. | 0.500 | $2.00 | $2.00 | $2.25 | $2.25 | $2.25 |
Roof drain pipes | EACH | 0.333 | $258.50 | $269.00 | $279.75 | $291.00 | $302.50 |
Storm sewer (new) | *F.F. | 0.500 | $17.75 | $18.50 | $19.25 | $20.00 | $21.00 |
Storm sewer (reconstructed) | *F.F. | 0.333 | $11.75 | $12.25 | $12.75 | $13.25 | $14.00 |
Sanitary sewer | *F.F. | 0.875 | $25.50 | $26.50 | $27.50 | $28.75 | $29.75 |
Sanitary sewer house connection | EACH | 0.875 | $679.00 | $706.25 | $734.50 | $763.75 | $794.25 |
Water main | *F.F. | 0.875 | $20.75 | $21.75 | $22.50 | $23.50 | $24.25 |
Water main per 925.04(k) | *F.F. | 0.500 | $11.75 | $12.25 | $12.75 | $13.25 | $13.75 |
Water service connection | EACH | 0.875 | $369.00 | $383.75 | $399.00 | $415.00 | $431.75 |
Water service lateral | L.F. | 0.875 | $5.75 | $6.00 | $6.25 | $6.50 | $6.75 |
Special items | EACH | 0.875 | COST | COST | COST | COST | COST |
* These items do not include the cost of restoration.
Any project involving one or more of these items will also include
an assessment cost for restoration, seeding and mulching to pay for
the cost of surface restoration.
** Assessments will be levied only for those improvement items specifically
stated in the resolution of necessity.
*** The Construction Cost ratio is intended to show the approximate ratio of the
assessment rate divided by the construction cost of an item. The ratio is
provided for general information purposes only. The construction cost is
generally the cost paid by the City to the contractor performing the work.
Construction costs do not include other project costs such as the cost of
design, right-of-way, administration, interest, legal fees and inspection.
Units:
F.F. ‘ Front Foot
L.F. ‘ Lineal Foot
S.F. ‘ Square Foot