931.03 ASSESSMENTS FOR CAPITAL IMPROVEMENT PROJECTS.
   (a)    Sanitary Sewer.
      (1)    Property assessed. All properties receiving direct benefit.
      (2)    Assessment calculation. Special assessment charge shall be comprised of a front footage assessment. The front footage assessment shall be calculated by multiplying the benefitting front footage by a fixed assessment rate. The maximum front footage assessed shall be the actual front footage per benefitting parcel in all zoning districts. In the case of a corner lot in a residential zoning district, the front foot assessment shall be based on the entire front footage of the property less a credit of sixty percent (60%) for any sanitary sewer improvements along the "long side" of the property.
      (3)    Assessment rates. Refer to Exhibit A of this chapter, for actual assessment rates.
Assessment rates shall be adopted by resolution of City Council. The assessment rates shall be established such that an abutting property, whether residential, commercial or industrial, pays the cost of a sanitary sewer project. The actual billing rate shall be based on the improvement costs for each project. At the recommendation of the City Engineer, and subject to the approval of City Council, a special "tap-in" district may be established to facilitate the extension of sanitary sewer lines to selected unserviced areas of the community. Within such a district, the City may pay for the initial cost of any required line extensions if such lines are extended across properties which do not require sanitary sewer service at present. Such properties shall be exempt from paying for the cost of these line extensions until they are ready to connect into the sewer system. At the time such properties are ready to connect to the system, they shall pay a tap fee which shall equal the pro-rated, on an acreage basis, cost of the basic system installation, including any oversizing costs which may apply. (Refer to subsection (a)(5) hereof "Oversizing".)
      (4)    Payback. Sanitary sewer assessment for properties not exempted from paying an up-front assessment may be paid back in accordance with the payback schedule set forth in Exhibit B at the end of this chapter. For properties exempted from paying an up-front fee, cost shall be paid at the time of connection either in a lump sum or pro-rated over a maximum five (5) year period.
      (5)    Oversizing. Oversizing of lines, necessary for the handling of future increased development, shall be paid by the property owner(s) pro-rated on a per acre basis. The oversizing charge shall be included in the assessment at the time the property is assessed. The City shall, however, pay for the initial cost of any required City initiated oversize line extension if such lines are extended across properties within the same benefitted district which do not require sanitary sewer service at present. Such properties shall be exempt from paying for the oversized cost of these line extensions until they are ready to connect into the sewer system. At the time that such properties are ready to connect to the system, they shall pay an oversizing fee which shall equal the pro-rated, on an acreage basis, cost of oversizing the lines. The required oversizing fee shall be paid at the time of connection either in a lump sum or pro- rated over a maximum five (5) year period.
   (b)    Water.
      (1)    Property assessed. All properties receiving direct benefit.
      (2)    Assessment calculation. Special assessment charges shall be comprised of a frontage assessment. The front footage assessment shall be calculated by multiplying the benefitting front footage by a fixed assessment rate. In the case of a corner lot in a residential zoning district, the front footage assessment shall be based on the entire front footage of the property less a credit of sixty percent (60%) for water service improvements along the "long side" of the property.
Property owners desiring a larger size lateral water service connection may request same and pay the difference in cost between the standard three-fourths (3/4) inch service connection and the selected size.
      (3)    Assessment rates. Assessment rates shall be adopted by resolution of City Council. Front footage assessment rates shall be established such that abutting property (whether residential, commercial or industrial) pay the cost of the water main installation. Request for any desired oversizing, refer to subsection (b)(5) hereof, “Oversizing”. The actual billing rate shall be based on the improvement costs for each project.
   At the recommendation of the City Engineer and subject to the approval of City Council, a special "tap-in" district may be established to facilitate the extension of water lines to selected unserviced areas of the community. Within such a district, the City may pay for the initial cost of any required line extensions if such lines are extended across properties which do not require potable water service at present. Such properties shall be exempt from paying for the cost of these line extensions until they are ready to connect into the water system. At the time such properties are ready to connect to the system, they shall pay a tap fee which shall equal the pro-rated, on an acreage basis, cost of the basic system installation, including any oversizing costs which may apply.
      (4)    Payback. Water service assessment for properties so exempted from paying for up-front assessment may be paid back in accordance with payback schedule set forth in Exhibit B at the end of this chapter. For properties exempted from paying an up-front assessment, the required tap fee shall be paid at the time of connection either in a lump sum or pro-rated over a maximum five (5) year period.
      (5)    Oversizing. Oversizing of lines required to provide, present and future, shall be paid by the property owner(s) pro-rated on a demand basis. The oversizing charge shall be included in the assessment at the time the property is assessed. The City shall, however, pay for the initial cost of any required City initiated oversize line extensions if such lines are extended across properties lying within 500 feet of the water line extension which do not require water service at present. Such properties shall be exempt from paying for the oversizing cost of these line extensions until they are ready to connect into the water system. At the time such properties are ready to connect to the system, they shall pay an oversizing fee which shall equal the pro-rated, on a demand basis, cost at the time of connection either in a lump sum or pro-rated over a maximum five (5) year period.
   (c)    Sidewalks and Driveway Aprons.
      (1)    Property assessed. All properties receiving direct benefit shall be assessed.
      (2)    Assessment calculation. Special assessment for sidewalk and apron improvements shall be comprised of a front footage of the benefitting parcel which requires sidewalk installation or replacement. The front footage assessment shall be calculated by multiplying the total square footage by a fixed assessment rate.
   All construction of sidewalks and aprons will be done to standards approved by the City Engineer.
      (3)    Assessment rates. Assessment rates shall be adopted by resolution of City Council. The assessment rates are set forth in Exhibit A.
      (4)    Payback. If the project is done at the City’s instance, the property owner shall repay the City for sidewalk and apron repair improvements within 5 years at 6% interest, secured by a promissory note and mortgage to the City; if the project is commenced at the property owner’s request, the property owner shall pay their share prior to beginning the project.
         (Ord. 06-2001. Passed 5-1-01.)
      (5)    Oversizing. If sidewalks larger than the standard width set by the City Engineer are deemed to be more fitting to the conditions and use, such sidewalks will be installed with the approval of the City Engineer. Subject to the approval of City Council, the City shall pay for the entire additional cost of construction over and above that required to install the standard sidewalk.
   (d)    Streets.
      (1)    Property assessed. All properties receiving direct benefit. Assessments shall be levied only for the local share, a percentage thereof, of any proposed roadway improvement projects. (Refer to Exhibit C)
      (2)    Assessment calculated. Special assessment charges shall be based on either the front footage of the benefitting parcel (front footage assessment) or the traffic generation characteristics of the benefitting parcel benefit assessment. The front footage assessment shall be calculated by multiplying by a fixed assessment rate. (Refer to Exhibit A).
   In the case of a corner lot in a residential district, the front footage assessment shall be based on the entire front footage of the property less a credit of sixty percent (60%) for roadway improvements along the "long side" of the property. In addition, properties in a residential zoning district having roadway frontage along both the front and rear yards shall not be assessed for roadway improvements along the rear yard frontage.
   The benefit assessment shall be keyed to the traffic generation value for each property within a designated special benefit district. The total traffic generation at each site or potential site shall be tabulated and summarized over the entire district so that a unit benefit can be assigned to each generator. The benefit assessment methodology shall be employed only in those cases where commercial and/or industrial properties located along a proposed arterial or collector roadway improvement project have the potential for generating heavy traffic volumes.
      (3)    Assessment rates. Assessment rates shall be adopted by resolution of City Council. Property owners subject to payment of a special roadway improvement assessment shall receive a credit for any proposed infrastructure improvements already in place (e.g. sidewalks, curb and gutters).
   Assessment rates shall be based according to roadway assessment set forth in Exhibit A.
   For local roadways, assessments shall only be levied if at least sixty percent (60%) of the property owners abutting any roadway proposed for improvement agree to be assessed to finance, the project shall be carried out. If less than sixty percent (60%) of the owners agree to be assessed, the project shall not be financed utilizing special assessments.
   The City does reserve the right, however, in those instances where the condition of a local roadway has deteriorated to such an extent that it poses a major public heath, safety or welfare concern, to finance the improvement of such roadway utilizing special assessments without having to obtain the approval of the abutting property owners as described above.
   For those local roadway improvement projects where it has been determined that special assessments will be utilized to finance the improvement, abutting residential property owners shall pay two-thirds (2/3) of the improvement cost with the City paying the remaining one- third (1/3).
   Proposed local roadway improvements which only involve resurfacing, i.e. no milling, grinding or reconstruction activity of any kind, shall not be financed through the imposition of special assessments.
   For any curb and gutter work required as part of a roadway reconstruction project, abutting property owners shall pay the cost of the improvement.
      (4)    Payback. Assessments for roadway improvements may be paid back over a maximum period of twenty (20) years depending on the amount of assessment owed (Refer to Exhibit B for payback schedule).
      (5)    Frequency of assessments. The frequency of assessments for street improvements in residential zoning districts shall be limited by the provisions set forth in Ohio R.C. Chapter 727.
   (e)    Storm Sewer.
(1)    Property assessed. No special assessments are to be levied for basin wide storm drainage improvement projects except to the extent that the assessment rates adopted for street improvements shall reflect on-site storm drainage improvements. Major storm drainage improvements shall be accomplished through the establishment of a City Stormwater Management Utility System.
         (Ord. 33-99. Passed 9-7-99.)