HomeMy WebLinkAbout5B - Assessment Policy Attachment ASSESSMENT POLICY
FOR PUBLIC AND DEVELOPMENT - INITIATED IMPROVEMENTS
Adopted March 10, 2014Scptcmbcr 9, 2011
Section I. General Policy Statement
Section II. Definitions
Section III. Methods of Assessment
Section IV. Types of Improvements
Section V. Assessment Details
Section VI. Supplemental Policy Guidelines
Section VII. New Development
Section VIII. Other Types of Assessments
SECTION I - GENERAL POLICY STATEMENT
The purpose of this Assessment Policy is to establish guidelines for the use of special assessments. This
Policy describes the types of local improvements the City undertakes and the various methods used to
calculate special assessments; including illustrations of how each method is applied depending on the
type of property and type of improvement. This Policy establishes guidelines to address City
participation in the cost of an improvement.
Minnesota Statute Chapter 429 provides the authority for the City to construct local improvements.
"The cost of any improvement, or any portion thereof, may be assessed upon property benefited by the
improvement, based on the benefits received, whether or not the property abuts on the improvement."
Minn. Stat. 429.051. The Chapter also sets out the procedures the City must follow in order to specially
assess the cost of an improvement. Minnesota Statute Chapter 429, as amended from time to time, is
adopted by reference herein. Although the Chapter authorizes the City to specially assess benefited
properties for the cost of an improvement, it does not provide any guidance concerning how to
determine, on a parcel specific basis, the amount of an assessment.
This Policy is intended to aide the City Council in arriving at a fair and equitable method to distribute
and assess the cost of an improvement against the benefited properties. To assist in that responsibility
the Council has established an Assessment Review Committee. This Committee works with City Staff to
review the allocation of project costs for each improvement and recommend a special assessment
method based on the guidelines established in this Policy. There will be unique situations or
circumstances that arise from time to time that are not addressed in this Policy and that will require
special consideration by City Staff, the Assessment Review Committee and the City Council.
It is important that assessments be implemented in a reasonable, consistent and fair manner. Three
basic criteria must be satisfied in order for the cost of a project or improvement (hereinafter
"improvement ") to be specially assessed against a particular parcel:
1. The land must have received a special benefit from the improvement.
2. The amount of the assessment must not exceed the special benefit.
3. The assessment must be uniform in relation to the same class of property within the
assessment area.
City of Prior Lake
Assessment Policy for Public and Development- initiated Improvements 1
The test of whether a property has been benefitted by an improvement and whether the amount of the
special assessment is legally sustainable is determined by the "Fair Market Value" test. The Fair Market
Value test ( "FMV ") analyzes the FMV of the property before the improvement and FMV of the property
after the improvement. The difference in the FMV before - and -after the improvement is defined as the
"benefit" the property received from the improvement. The amount of a special assessment may not
exceed the benefit of the improvement on the property. The actual cost to construct an improvement
is not the determining factor in determining the amount to be assessed.
In the event City staff has doubt as to whether or not the costs of the improvement will be equal to or
exceed the special benefit to the properties served by the improvement, the City Council should obtain
such appraisals as may be necessary to support the proposed assessment.
The cost of an improvement project includes all project support costs both direct and indirect
associated with the improvement and incurred by the City; including, but not limited to:
1. Construction Cost
2. Engineering
3. Administrative
4. Right of Way Acquisition /Condemnation Costs
5. Legal
6. Capitalized Interest
7. Bonding Costs
A local improvement may be initiated by the City Council or by a petition from owners of real property
that abut any street named as the location of the improvement. If the improvement is initiated by the
City Council a four - fifths (4 /5ths) vote of the Council is required to approve the project. If an
improvement is initiated by petition of the property owners it must contain the signatures of not Tess
than thirty -five percent (35 %) of the owners of real property abutting the streets named in the petition
as the location of the improvement. A majority vote of the City Council is required to approve an
improvement petitioned by not less than 35% of the property owners. The last way to initiate an
improvement is for all owners of real property abutting upon any street named as the location of any
improvement petition the City Council to construct the improvement and to assess the entire cost
against their property. In this case, the City Council may by majority vote, without a public hearing,
adopt a resolution determining such fact and order the improvement.
SECTION II — DEFINITIONS
For the purpose of this Policy certain words and phrases have been defined below. If a word or group
of words used in this Policy are not defined, the user should refer to the City Zoning and Subdivision
Ordinances and Public Works Design Manuel to determine whether definitions are provided in those
documents. Where the definition of a word or phrase is more clearly understood in the context of how
it is applied in a particular situation its definition is included elsewhere in this Policy.
Adjusted Front Footage
The number of feet actually utilized in calculating an assessment for a particular property. This may
differ from the actual front footage of the property.
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Assessment Policy for Public and Development- initiated Improvements 2
Apartment
A multi - family structure where tenants rent from the owner of the building. Building characteristics
include common hallways for access purposes and a common parking lot.
Assessment Area
An area defined by the City Engineer which shall form the physical boundary where benefit exists within
an area.
Assessment Review
A committee established by the City Council to assist City
Committee
Staff in its analysis of the most equitable special assessment method to apply to a particular
improvement project and to provide input on any issues relating to a particular property. The
Assessment Review Committee also reviews the proposed assessment rolls. This committee consists of
the City Manager, City Engineer and /or Assistant City Engineer, City Attorney, Finance Director and two
members of the City Council appointed at the Council's Annual Meeting.
Collector Street
Streets that connect individual neighborhoods to the minor arterial system. Streets are identified as
major or minor collector streets by the Comprehensive Plan.
Condominium
A form of individual ownership of a unit in a multi - family structure (similar to an apartment building).
Drainage Distrit
An area defined by natural geographic features that form the boundaries for a drainage basin. Drainage
district boundaries shall be determined by the City Engineer.
Duplex
A residential structure divided into two dwelling units for purposes of occupancy by ownership or
rental.
Flag Lot
A parcel of land shaped like a flag, with a narrow strip providing access to a public street and the bulk of
the property containing no frontage.
Improvement Area
A defined area within which all properties are deemed to be served and receive benefit from an
improvement project.
Lateral
A sewer lateral is designed to collect the sewage from a project area for conveyance to a trunk facility.
A water lateral is sized to provide water in sufficient volumes and pressure as required to serve a
defined project area. The lateral line does not include the service for individual structures.
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Assessment Policy for Public and Development- initiated Improvements 3
Multi - Family
A structure of more than two units.
Net Area for Development Fee Calculation
Net area is defined as the gross area of land within the proposed subdivision less any stormwater,
ponding or wetland easements conveyed to the City. Internal street right -of -way is included in net area.
Any road right -of -way necessary for County or State highway dedication are excluded for the purpose of
applicable net area fee calculations.
Nuisance Abatements
The elimination of a nuisance whereby the City acts on behalf of the public as authorized by ordinance
to eliminate problems such as junk, weeds, dead trees, etc. The City may collect the charges for all or
any part of the cost of eliminating any such nuisance by levying a special assessment against the
property benefited.
Oversizing
A pipe that is designed and constructed larger and /or deeper than necessary to serve a specific
improvement area or a street constructed wider than 36 feet.
Project Support Costs
Costs associated with the delivery of an improvement including surveying, testing, design,
administration, bonding, construction staking, inspection, soil borings, publication, or other services.
Public Improvement
An improvement undertaken by the City under the authority granted in M.S.A. 429.021.
Residential Equivalent Density Unit
Residential Equivalent Density units (RED) is defined as a single family residential unit.
Street Construction
The initial first time improvement of a street from a condition of no street or gravel to a paved street
with concrete curb and gutter.
Street Reconstruction
Paved street replacement including all pavement, curb and gutter, base material, and storm sewer.
Street Resurfacing
Replacement or overlaying of the pavement surface of a street with new asphalt. Street Resurfacing
does not include the base material replacement.
Townhouse
Single family attached units in structures housing three or more contiguous dwelling units, sharing a
common wall, individual front and rear entrances; the structure is that of a row -type house as
distinguished from multiple - dwelling apartment buildings.
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Assessment Policy for Public and Development- initiated Improvements 4
Trunk Utility Pipe
A water or sewer pipe sized to provide sufficient capacity to serve an area larger than the immediate
improvement area. Trunk sewer and water pipes are generally greater than 8" in diameter unless the
development itself requires larger than 8" diameter pipe.
SECTION III - METHODS OF ASSESSMENTS
This Section of the Policy describes the various assessment methods used by the City. The type of
improvement determines the method of assessment. The objective is to choose the assessment
method which will arrive at a reasonable, fair and equitable assessment and which will be uniform upon
the same class of property within the improvement area. The most frequently used assessment
methods are: the unit assessment, the area assessment, and the front footage assessment. Depending
upon the individual type of improvement, any one or a combination of these methods may be utilized
to arrive at an appropriate cost distribution. City Staff and the Assessment Review Committee will
consider each assessment method and weigh its applicability to the improvement. A description of
each assessment method and its corresponding policy application is presented below. In Section IV of
this Policy the various types of improvement are described along with which assessment method is
generally applied to a particular type of improvement.
1. Unit Assessment. A unit assessment is derived by dividing the total cost of the improvement by
the number of Residential Equivalent Density (RED) units in the improvement area. A RED unit
is defined as a single family residential unit. Each platted and unplatted property in the
improvement area is assigned a RED unit value based on the underlying zoning. If the existing
use of the land is Tess than the highest and best permitted use of the land permitted in the
zoning district, the Council may consider the current use of the property as well as the potential
future uses of the property in determining the appropriate number of RED units to assign to the
property. The following chart specifies the number of RED units that will be assigned to a
property based on use:
Single Family 1.00 RED
Duplex 1.00 RED
Condominium 0.80 RED
Multifamily 0.80 RED
Townhouse 1.00 RED
Commercial & Industrial RED units are determined based on appraisals
and approved by the City Council
RED units may be adjusted by the City Council to resolve inequities.
The unit assessment method is the most commonly used method for assessing
improvements in single family residential neighborhoods where the improvements
largely benefit each property to the same degree and the cost of the improvement is
not generally affected by parcel size.
2. Area Assessment Method. The area assessment method is used when an improvement project
benefits all properties within a specific geographic area. The assessable area shall be expressed
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Assessment Policy for Public and Development- initiated Improvements 5
in terms of the number of acres or the number of square feet subject to assessment. When
determining the assessable area, the following exceptions may apply:
a. Ponding Assessment Consideration - Lakes, ponds and swamps are included in the
assessable area of a parcel. If the lake, pond or swamp is suitable for integration into the
City's storm water management system, a property owner may offer to provide the City
with a storm water ponding easement for the land under the lake, pond or swamp. If the
proposed area subject to the easement can be functionally integrated into the storm water
management system the City may accept the easement, in which case the lake, pond or
swamp area subject to the easement will be subtracted from the gross acreage of the
parcel. A pond easement cannot be used to reduce the assessable area of the property
below the required minimum lot standards.
b. Road Right -of -Way Assessment Consideration - Up to twenty percent (20 %) of the gross
acreage within unplatted parcels of five (5) acres or more, depending upon the parcel
configuration, may be deducted for street right -of -way purposes. Parcels of Tess than five
(5) acres are not subject to the road right -of -way consideration because, in most instances,
parcels of less than five (5) acres cannot support an internal road system.
c. Park Dedication Assessment Consideration - When land is dedicated for park purposes as
part of a subdivision, as required by the Subdivision Ordinance, the developer shall not be
assessed an acreage charge on the portion of land dedicated.
3. Front Footage Assessment. The purpose of the front footage assessment method is to equalize
assessment calculations for Tots of similar size. Individual parcels, by their very nature, differ
considerably in shape and area. The actual front footage abutting the improvement (i.e., street,
sewer, water, etc.) is not used to calculate the assessment for a particular parcel. Rather, an
"adjusted front footage" is used. In those instances where a lot(s) gain access from a common
driveway or private street that abuts the improvement, the front footage will be based on its
frontage along the private street or common driveway. The following procedures will apply to
calculate the adjusted front footage of a parcel depending the specific configuration of the
parcel. All measurements will be scaled from available plat and section maps and will be
rounded down to the nearest foot dimension with any excess fraction deleted. Specific parcel
configurations include:
a.
Standard Lots. The adjusted front footage for standard rectangular Tots will be the
actual frontage of the lot. The front frontage is the lot width at the front lot line.
MAIN AVENUE Adj. Front Footage
50' 90' EXAMPLES
Lot A - 50'
Lot B - 90'
A B
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Assessment Policy for Public and Development- initiated Improvements 6
b.
Rectangular Variation Lots. The adjusted front footage for a lot which is an approximately
rectangular and uniform in shape is computed by averaging the width of the parcel at the front
and rear lot lines. This method is used only where the difference between the front and rear lot
lines is 20 feet or Tess.
MAIN AVENUE Adj. Front Footage
90' 70' EXAMPLES
A B Lot A - 100'
Lot B - 75'
1 10' 80'
c.
Triangular Lots. The adjusted front footage for a triangular lot is computed by averaging the
front and rear lot lines. The maximum distance between the front and rear lot lines (depth of
the lot) may not exceed 150 feet.
MAIN AVENUE Adj. Front Footage
100' 40' 120' EXAMPLES
10' A B C Lot A- 70'
40' 130' 0' Lot B - 85'
Lot C - 60'
d.
Cul -de -sac Lots. The adjusted front footage for lots located in a cul -de -sac will be calculated
based on determining a line at the most reasonably determinable position. This line will be
determined by calculating and connecting the midpoints of the two side lot lines. If the
configuration of the lots are similar a common lot width may be assigned based upon an
evaluation of typical lots within the subdivision.
Adj. Front Footage
EXAMPLES
Lot A - 75'
Lot B - 110'
LotC -80'
C 80'
B •
110'
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Assessment Policy for Public and Development- initiated Improvements 7
e.
Curved Lots. In certain situations, such as those where lots are located along a
meandering trail system or street, road patterns may create curvilinear frontages. In
such instances, the adjusted front footage will be the width of the lot measured at the
midpoint of the shortest side lot line.
AIN Adj. Front Footage
NUE EXAMPLES
C
B 150' Lot A - 120'
90' Lot B - 90'
A Lot C - 150'
120'
f.
Irregularly Shaped Lots. The adjusted front footage of irregular shaped lots will be
calculated by measuring the lot width at the 25 foot building setback line.
MAIN AVENUE Adj. Front Footage
EXAMPLES
25' 115' 140' 125' Lot A — 115'
LotB -140'
Lot C — 125'
A B C
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Assessment Policy for Public and Development- initiated Improvements 8
g.
Corner Lots
a. Residentially Zoned Corner Lots The adjusted front footage of a corner lot, regardless of
whether the improvement abuts both sides of the property will be determined based on the
footage abutting the shortest property line; unless the footage of the longer property line
exceeds 150 feet. Where the footage of the longer property line exceeds 150 feet, the
adjusted front footage will be calculated by adding the sum of the length of the shortest
side of the property plus the length along the longest property exceeding 150 feet. A corner
lot will not be subject to an assessment for subsequent types improvements until the term
of previous assessments have expired.
Adj. Front Footage
EXAMPLES
LotA -95'
Lot B - 225'
A 95' - -125' B
125' _ 150' 100'
MAIN AVENUE
b. Commercial & Industrial Zoned Corner Lots No allowance relief will be granted because of
the higher inherent property value associated with improved traffic frontage and greater
visibility along business district and industrial park intersections. The adjusted front footage
calculation shall be the entire frontage measured along the setback line comprising the
building envelope.
Adj. Front Footage
EXAMPLES
Lot A - 280'
Lot B - 390'
150' 25' 25'
A 140' -115' B
130' 1 f 275'
25' 25'
155' 300'
MAIN AVENUE
I I
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Assessment Policy for Public and Development- initiated Improvements 9
h.
Flag Lots. A flag lot is a parcel shaped like a flag, with a narrow strip providing access to a street
and the bulk of the property has no front footage. The adjusted front footage of a flag lot will
be calculated at 86 feet, which is the minimum front footage set out in the Subdivision
Ordinance for a single family lot in a residential district. If the driveway access of a flag lot is Tess
than 125 feet the adjusted front footage will be measured at the building setback line from the
access terminus.
20' MAIN AVE. Adj. Front Footage
90; EXAMPLES
50' • B
• 140' LotA -86'
25' Lot B - 90'
MAIN
AVE
A
170'
Double Frontage Lots
a. Residential Lots A parcel, other than a corner lot, eligible for subdivision, with frontage on
two streets, will be assessed based on an adjusted front footage for the footage along each
street. For double frontage lots lacking the necessary depth to be subdivided, the adjusted
front footage is the footage along the longer street.
MAIN AVE MAIN AVE
110' 80' Adj. Front Footage
A B EXAMPLES
210' Lot A - 220'
275'• Lot B — 80'
110'
b. Commercial and Industrial Lots A parcel with frontage on two or more streets will be
assessed based on the adjusted front footage along each street.
MAIN AVE
110' Adj. Front Footage
A EXAMPLE
Lot A - 220'
110'
j. Large Tracts of Land. An adjusted front footage of 150 feet will be applied to a large parcel
of residential property, subject to subdivision, that has a front footage of 172 feet or
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Assessment Policy for Public and Development - initiated Improvements 10
greater, abutting an improvement. The assessment on the remaining frontage exceeding
150 feet will be deferred for a period of five years to allow for the planned and orderly
development of the property. During the five -year deferral period, simple interest will
accrue at the rate established in the resolution adopting the assessment roll. The deferral
of the assessment will cease upon any of the following occurring:
11 Five (5) year period expires
2) Final platting of the property
3) Sale or transfer of ownership.
SECTION IV - TYPES OF IMPROVEMENTS
1. Bridge Installation. The benefit of a bridge improvement is confined to a specific area. The area
assessment method or the unit assessment method will be used to recover the assessable
portion of the improvement.
2. Sidewalk /Bike Path Installation. Although construction normally occurs only on one side of the
street, the safety of pedestrian traffic is regarded as an overall neighborhood or regional
benefit, therefore the City will not assess for this type of improvement unless the City is
petitioned for said improvement.
3. Street Construction. The cost of the original street construction including storm sewer
improvement shall be recovered 100% by special assessment. The assessment method shall be
determined by the Assessment Review Committee and City Council.
4. Street Resurfacing and Sealcoating. Street resurfacing is commonly known and referred to as
street overlaying whereby a new bed of road material such as bituminous is installed over an
existing paved road to a specific thickness. Sealcoating is an application of oil and aggregate
material over the existing paved road. Street resurfacing and sealcoating shall be treated as
general maintenance activities and shall not be assessed unless the City is petitioned for the
improvements.
5. Street Reconstruction. The cost of a street reconstruction improvement including storm sewer
improvements of presently paved streets in the City of Prior Lake shall be allocated on a 40/60
division. Forty percent (40 %) of the total project cost shall be assessed against the benefiting
properties and the remaining sixty percent (60 %) shall be paid through the general ad valorem
property tax paid by the entire community.
6. Sanitary Sewer & Water Lateral Improvements. All water and sewer lines, regardless of their
size or designation, are considered as laterals to adjacent property. Lateral lines are normally
not larger than eight inches in diameter in most residential areas. Original sewer and water
improvements will be assessed at one hundred percent (100 %) of the cost of the
improvements. The cost of repair or replacement of sewer and water laterals is treated as
general maintenance and supported by utility fees and will not be assessed.
City of Prior Lake
Assessment Policy for Public and Development- initiated Improvements 11
7. Trunk Sanitary Sewer & Water Improvements. Trunk sewer and water mains are usually larger
than 8 inches in diameter and are designed to carry large volumes of flow. Trunk lines are
regional facilities designed to serve areas beyond the immediate property. The difference
between a normal sized lateral and the actual sized trunk represents "trunk oversizing ". The
cost in extra pipe sizing, length, and depth shall be paid from the City's Trunk Reserve Fund._
Regardless of pipe size, when a sewer and water line is extended through a developed
area but also would serve an undeveloped area or provides for looping of the system, the
cost of the pipes mayshall be divided between assessments, trunk funds, or other
funds at the discretion of the City Council.
8. Trunk Storm Sewer Improvements. Trunk lines are regional facilities designed to serve areas
beyond the immediate property. The difference between a normal sized storm sewer pipe and
the actual sized trunk represents "trunk oversizing ". The cost in extra pipe sizing and depth
shall be paid from the, Water Quality Fund, tax levy, or the Trunk Reserve Fund and will not be
part of the assessment.
9. Drainage District Improvements. All land within a drainage area is considered to be benefited
by a drainage improvement because all land contributes water runoff to the drainage system.
The City Engineer shall establish a "drainage district" and all property within the "drainage
district ", shall be assessed according to the area assessment method.
10. Collector Street Construction. The City's designated Municipal State Aid system of roadways
has evolved into a network of collector streets that route traffic to distribution points that
connect with central trunk arteries such as State and County highways. While collector streets
serve and benefit the entire community, certain aspects of their construction provide a more
local benefit to a neighborhood and should be borne by that specific neighborhood. Benefitting
properties will be assessed up to a 36 foot wide street. Street width above 36 feet are
normallywi-I-14ae -p. aid from general ad valorem taxes, Municipal State Aid funds, or the Street
Oversize Fund.
SECTION V - ASSESSMENT DETAILS
1. Term of Assessments. Special assessments shall be collected in equal annual installments of
principal for a period of years determined by the type of improvement.
a. Sidewalk Improvements - 10 years
b. Street Construction - 10 years
c. Street Resurfacing - 10 years
d. Street Reconstruction — 10 years
e. Sanitary Sewer & Water Laterals - 20 years
f. Storm Sewer Improvements - 10 years
g. Nuisance Abatements - 1 year ($1,000 or Tess), 5 years ($1,001 or more)
h. Delinquent Connection Fees, Utilities - 1 year
i. Diseased Tree Abatement —1 year ($1,000 or less), 5 years ($1,001 or more)
City of Prior Lake
Assessment Policy for Public and Development- initiated Improvements 12
2. Interest Rate on Assessments. The interest rate for the assessment shall be 2 percent higher
than the net interest cost of the bonds that have been issued for the project or if no bonds
were issued for the project, the interest rate shall be 2 percent higher than the net interest cost
of the most recent bonds sold by the City.
3. Payment of Special Assessments. A property owner has four (4) available options regarding the
payment of assessments; including the option to: make annual installment payments that
appear as part of the individuals property tax statement; pay the assessment in full within thirty
(30) days from the adoption of the assessment without incurring any interest; pay the
remaining balance on an assessment to the municipality at any time prior to November 15t of a
given year with interest accrued to December 31st of the year paid; or apply for a payment
deferral if the individual meets the age and income criteria set out in City Ordinance Section
111, as may be amended from time to time. Minnesota Statute Section 429.061 Subd. 3 deals
with certification of the assessment roll to the county auditor and payment options.
4. Reapportionment Upon Land Division When a tract of land against which a special assessment
has been levied is thereafter divided or subdivided by plat or otherwise, the council may, on
application of the owner of any part of the tract or on its own motion equitably apportion
among the various Tots or parcels in the tract all the installments of the assessment against the
tract remaining unpaid and not then due if it determines that such apportionment will not
materially impair collection of the unpaid balance of the original assessment against the tract.
The council may, and if the special assessment has been pledged to the payment of
improvement warrants shall, require the owner or owners, as a condition of such
apportionment, to furnish a satisfactory surety bond fully protecting the municipality against
any loss resulting from failure to pay any part of the reapportionment assessment when due.
Notice of such apportionment and of the right to appeal shall be mailed to or personally served
upon all owners of any part of the tract. In most cases, dividing the assessment balance evenly
on a unit or lot basis would result in an equitable apportionment. The practice of unit
assessment redistribution and recertification to the Scott County Auditor's Office will be
followed when the amount of the unit assessment exceeds One Thousand Dollars ($1,000.) In
those instances when the property subdivision would result in smaller increments, the entire
assessment shall be paid at the time the developer's agreement is approved.
SECTION VI — SUPPLEMENTAL POLICY GUIDELINES
1. Areas Partially Served By Utilities. Any large tract of land, lot or parcel whereby an
improvement abuts or extends to the property shall be considered served and assessed
accordingly. The current special assessment shall be calculated based on the adjusted front
footage method. If an improvement benefits non - abutting properties which may be served by
the improvement when later extensions or improvements are made but are not initially
assessed, the City may reimburse itself based on the Section VII, New Development.
2. Assessments Based On Preliminary Plat. Property and lots subject to an approved preliminary
plat may be specially assessed only if the public hearing ordering the improvement project has
not yet occurred. In the event this exists, assessment frontages may be calculated based upon
the lot configurations in the approved the preliminary plat.
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Assessment Policy for Public and Development- initiated Improvements 13
3. Tax Exempt Property. There are three categories of tax exempt properties. Assessments are
applied as follows:
a. Church and school property will be assessed in the same manner as commercial and
industrial zoned property.
b. State land is normally exempt from assessment unless otherwise negotiated or agreed upon
by the affected State agency.
c. County land is subject to assessment and will be assessed in the same manner as
commercial and industrial zoned property.
See also, Minnesota Statute Section 429.061 Subd. 4.
4. Municipal Property Assessments. City owned property is divided following three classifications
for the purpose of determining assessment participation, Public Facility Land, Public Right of
Way, and Park Land
a. Public Facility Land is defined as land utilized for public buildings such as city halls, fire halls,
libraries, maintenance garages, municipal parking lots etc. Public facility property within an
improvement area will participate in the total assessable cost of the improvement and will
be treated in the same manner as any other benefitted parcel.
b. Public Right -of -Way property consisting of all City acquired easements, subject to fee title,
for the specific purpose of utility placement or street construction will be exempt from
assessment.
c. Park Land is categorized according to the following descriptions:
1) Community Parks. Community Parks are characterized by a high degree of public use
and the area is relatively large in size. These parks are normally associated with athletic
events and sporting activities i.e., softball, football, baseball, hockey etc. Park lands of
this nature will be subject to assessments. The cost of improvements to community
parks will be recovered by a special levy upon the ad valorem taxes.
2) Neighborhood Parks. Neighborhood Parks provide open space within a residential
development and include features such as playground structures. Because
neighborhood parks are commonly used by the immediate residents of the area, such
park land will not be assessed if the area of the park comprises less than twenty -five
(25 %) of the area served by the improvement project. Larger parks, comprising an area
greater than twenty -five (25 %) of the area served by the improvement project, will be
included in an assessment in the same manner as community parks.
5. Tax Forfeiture Assessments. When a parcel of tax forfeited land is returned to private
ownership and the parcel is benefited by an improvement for which special assessments were
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Assessment Policy for Public and Development- initiated Improvements 14
canceled because of the forfeiture, the City may, upon notice and hearing as provided for the
original assessment, make a reassessment or a new assessment as to the parcel in an amount
equal to the amount remaining unpaid on the original assessment.
6. First Serve Situations. If the plans of the City and a developer coincide for the installation of
utilities, the plans of the City will prevail. When this situation occurs, the City may, upon notice
and hearing, assess all lots in an approved preliminary plat, if the improvements are approved
prior to approval of the final plat.
7. Utility Impact. Costs associated with the restoration for utility work will not be assessed for
street improvement projects.
8. Protect Support Costs. Project support costs are part of the total cost of the improvement
project and are included in the assessment calculation. Project support costs for utility or
water quality improvements shall be charged to the associated funding source used to finance
the improvements.
9. Street Lighting. Street lighting costs are an assessable component of an improvement project.
10. Private Streets and Common Driveways. Properties accessed from a private street or common
driveway within an improvement area or adjacent to the improvements will be assessed.
SECTION VII — NEW DEVELOPMENT
New Development benefits from and creates a burden on existing public improvements and
infrastructure. Development that has preceded a new subdivision or the platting of property has paid
its share of the cost of existing public improvements; such as streets, sanitary sewers, storm water
sewers and drainage and ponding facilities, and the park and trail system. New development could not
occur if certain types of public improvements were not already in place. There is a nexus between new
development and the necessity to expand, enlarge and extend public improvements. When new
development occurs the City collects various categories of fees, described below, to recover the benefit
realized and the burden imposed by the new development on public infrastructure. The City has
undertaken studies to compute the cost, at build -out, of the various types of city -wide public
infrastructure and facilities improvements. Based on these studies the City has developed a "fee
schedule" that calculates the share of the cost the new subdivision should pay towards existing and
future infrastructure and facility improvements. The City also contributes to new development by
paying a developer to "oversize" a local improvement, where necessary, to provide capacity for future
development.
Types of Fees
1. City Administration. The Developer will pay a fee to the City for administration expenses
associated with the development project. City administration will include all activities
necessary to develop, implement and administer the Development Contract. The calculation of
this fee is based on 4% of the estimated cost of Developer Installed Improvements.
Extraordinary costs incurred by the City over and above the 4% will be billed to the Developer.
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Assessment Policy for Public and Development- initiated Improvements 15
2. Construction Observation. The Developer will pay a fee for the City construction observation
associated with the development project. Construction observation includes inspection of all of
the public improvements the developer will install as part of the subdivision. Fees for this
service are calculated at 5% of the estimated cost of Developer Installed Improvements.
Extraordinary costs incurred by the City over and above the 5% will be billed to the Developer.
3. Trunk Storm Sewer Acreage Charge. The Developer shall pay a trunk stormwater acreage
charge at the time of subdivision or platting. The acreage charge is adopted as a part of the
Official City Fee Schedule.
4. Trunk Water Acreage Charge. The Developer will pay a trunk water acreage charge at the time
of subdivision or platting. The trunk water acreage charge is adopted as part of the Official City
Fee Schedule.
5. Trunk Sanitary Sewer Acreage Charge. The Developer will pay a trunk sanitary sewer acreage
charge at the time of subdivision or platting. The trunk sanitary sewer acreage charge is
adopted as part of the Official City Fee Schedule.
6. Street Oversize Acreage Charge. The Developer will pay a street oversize acreage charge at the
time of subdivision or platting. The street oversize acreage charge is adopted as part of the
Official City Fee Schedule.
7. Sanitary Sewer and Water Connection Charges. The Developer will pay a sanitary sewer
connection charge and a water connection charge at the time of subdivision or platting. The
connection charge at the time of subdivision or platting is a one time fee imposed on that
property that is connecting to the City sanitary sewer and water systems. Outlots in a
subdivision where the connection fee was paid will not be charged again when the outlot is final
platted. The sanitary sewer and water connection charge covers the cost of bringing the sewer
and water infrastructure to the subject property. Building permit sewer and water connection
charges are a separate connection charge collected at the time a building permit is issued. The
connection charges are adopted as a part of the Official City Fee Schedule.
8. Park and Trail Dedication. Developers are required to dedicate a portion of the net developable
acreage of the subdivision for parks and /or trails. At the discretion of the City, the dedication
requirement may be satisfied in the form of cash in lieu of land. Any land dedicated and
accepted by the City for park purposes or purchased by the City for park purposes in excess of
the park and trail dedication requirement will not be subject to the trunk acreage fees. The
Park Dedication Fee is adopted as part of the Official City Fee Schedule.
SECTION VIII- OTHER TYPES OF ASSESSMENTS
This Special Assessment Policy applies to those types of local improvements authorized in Minnesota
Statute Section 429.021 where the cost of the improvement is apportioned among the properties that
are benefited. In addition to the twenty (20) categories of local improvements authorized in Minnesota
Statute Section 429.021, the City also has the authority to collect unpaid special charges and to recover
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Assessment Policy for Public and Development- initiated Improvements 16
the cost to remove, abate, remedy or eliminate certain conditions on private property that create a
public safety hazard. Minn. Stat. Section 429.101.
The City's authority to collect unpaid charges, through a special assessment, is not limited to costs for
activities undertaken pursuant to Chapter 429. For example, if a property owner, after notice from the
City, fails to: raze, remove or repair a hazardous building; secure a vacant or unoccupied building that
creates a hazardous condition; or remove a dangerous condition from their property the City can do the
work and charge the cost to the property owner. If the property owner fails to reimburse the City, the
unpaid charges can be certified to the County Treasurer as a special assessment against the property.
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Assessment Policy for Public and Development- initiated Improvements 17