Sec. 80. - Standard assessment policy.
Sec. 81. - Annual review of established charges.
Sec. 80. - Standard assessment policy.
(a)
On all water improvement projects, with respect to which the adjoining property owners are to be assessed, either the amount of the established front footage rate of twenty-one dollars ($21.00) per front foot, or the actual construction costs will be used to assess those served properties based upon whichever cost per foot is the lesser. This charge is subject to the right of any nonpetitioning property owner to have the assessment against his property adjusted as provided by law and upon showing that his property has not been benefited to the extent of the assessment. The established front footage rate is based on the average cost of constructing six-inch water mains in the city while the actual construction cost will be determined based on a specific project's cost of construction. Such assessments shall be subject to second frontage exemptions as prescribed in Chapter 224 of the Private Laws of 1927, as amended. The provisions of Section 63 of this resolution shall not apply to water assessment projects. Street intersections and private alleys intersecting water improvement projects, where the alley is owned by more than one (1) adjoining property owner, shall not be subject to water improvement project assessments.
(b)
It is hereby declared to be the policy of the commission to grant relief with respect to water system improvement assessments to the property owner of a double-frontage lot in areas zoned "residential" as hereinafter set forth. For the purposes of this section, a "double-frontage lot" is defined to be a lot which adjoins two (2) streets, front and back, and is not a corner lot. In the event one frontage of a double-frontage lot has been improved (with respect to water system improvements), the lot shall be exempt from assessment for water system improvements on the second street frontage; provided:
(1)
The lot is vacant and the total area or lot depth is less than the following:
(2)
There is a principal building on the lot which is so located that the area or lot depth remaining between the rear of the principal building and the street abutting the rear of the lot, after deduction of the rear yard required by the city zoning ordinance for the principal building, is less than one-half (½) of the area and lot depth indicated for the zoning districts tabulated above; or
(3)
The topography of the lot is such that it would not be feasible to build more than one principal building on the lot regardless of size. In those cases where topography is the determining factor, the commission shall determine whether or not it is feasible to build more than one principal building on the lot.
(c)
The policy stated in subsection (b) shall apply only to those projects which have been ordered by the commission under the provisions of Chapter 224 of the Private laws of 1927, as amended, without petition or for which petitions have been circulated and signed by the property owners requesting improvements under the provisions of the above law.
(d)
It is hereby declared to be the policy of the utility commission to grant relief with respect to water system improvement assessments for corner lots. Side frontage exemptions for corner lots, used as a single lot, would be credited to the assessment of said lot. The longer of the two (2) frontages of the corner lot would be considered the side frontage. No relief will exceed the lesser of:
(1)
The total length of the side frontage.
(2)
A maximum of two hundred (200) feet for lots zoned residential.
(3)
A maximum of one hundred (100) feet for lots zoned business.
Consideration will be given when assessing the side frontage first to allow the lot to receive the maximum side frontage exemption when all frontages of the lot have been fully assessed.
(e)
It shall be the policy of the commission to terminate water service for delinquent payments of a water or sewer assessment, after proper notification to the property owner.
(Res. of 10-13-97; Res. of 9-13-99(1); Res. of 3-12-01; Res. of 4-8-02; Res. of 8-14-06(2); Res. of 1-9-07; Res. of 4-13-09)
Sec. 81. - Annual review of established charges.
It shall be the policy of the commission to review the established front-footage charge prescribed in Section 80 of this resolution as soon as practicable after January 1 of each year and to make such change, if any, as may be necessary in order that the standard charge for future projects shall fairly represent the current average cost per frontage foot of constructing six-inch water mains in and outside the City of Winston-Salem.
(Res. of 4-13-09)