ARTICLE I. - GENERAL PROVISIONS
ARTICLE II. - SPECIAL ASSESSMENT DISTRICTS
Sec. 15-1. Definition of special assessment.
Sec. 15-2. Statement of purpose.
Sec. 15-3. Separation of districts.
Sec. 15-5. Limitations on use of funds.
Sec. 15-6. Special assessment districts allowed.
Sec. 15-7. Expansion of a district.
Sec. 15-8. Method of payment and abatement.
Sec. 15-9. Powers supplemental—Construction.
Sec. 15-10. Creation of a district.
Sec. 15-1. Definition of special assessment.
Special assessment shall mean a tax assessed against one (1) or more properties receiving the benefit of a particular public improvement as distinguished from a tax on the entire grand list of a municipality.
(Ord. of 12-8-92)
Sec. 15-2. Statement of purpose.
Special assessments may be made for the purchase, construction, repair, reconstruction, of a water system or sewer system, or any other public improvement which is of benefit to a limited area of a municipality to be served by the improvements.
(Ord. of 12-8-92)
Sec. 15-3. Separation of districts.
The special assessment districts shall be identified into separate and distinct categories. Each category has its special attributes as well as special improvements which benefit the properties within a district.
(Ord. of 12-8-92)
(a) Each property in a special assessment district shall be assessed annually by the Town of Colchester, on the date set by the Selectboard for the district until all district obligations have been met. The Selectboard shall determine the amount necessary to meet expenses for the coming year and establish by resolution using the assessment formula to establish the rate upon which the properties will be assessed.
(b) The Town Manager shall prepare an annual budget showing the proposed debt service expenditures and anticipated revenues for each fiscal period.
(c) The Town Manager shall propose assessment methods and standards to aid in the determination of the benefit described herein and shall recommend such standards and methods for establishment of the special benefit tax for the district as well as individual special assessment fees to the Selectboard. The Selectboard, after public hearing and after considering the recommendation of the Town Manager, shall establish standards and shall levy such special assessments upon such properties in the proportion that it judges such properties to be benefitted by the construction and/or operation of the special assessment district. The amount to be raised by such assessments shall be payable to the Town Treasurer and appropriated in accordance with the Selectboard's direction.
(d) The Selectboard may set the special assessment fees at any time in an amount it deems adequate to meet the expenses for each fiscal year and to provide for the collection thereof according to a schedule it deems appropriate.
(e) The Selectboard shall make a final determination of special assessment fees and shall cause such decision to be recorded in full with the Town Clerk. When such decision is so recorded, the amount so assessed shall be and remain a lien in the nature of a tax upon the properties so assessed, until the same shall be paid, or such lien is otherwise discharged by operation of law.
(Ord. of 12-8-92)
Sec. 15-5. Limitations on use of funds.
All collected revenues shall be used and appropriated solely for projects which directly benefit those who are located within and contribute to the "special assessment district." The total assessment made on account of any special benefitting improvements shall not exceed fifty (50) percent of the total costs of such improvements as provided for by Section 104(1)(A) of the Colchester Charter.
(Ord. of 12-8-92)
Sec. 15-6. Special assessment districts allowed.
Districts may be established for projects which include, but are not necessarily limited to, the following:
(1) Land acquisition;
(2) Pedestrian footpaths;
(3) Aesthetic corridors;
(4) Parking areas;
(5) Lighting;
(6) Landscaping;
(7) Signage;
(8) Sidewalks;
(9) Public works;
(10) Associated amenities—trash barrels, benches, fountains, bathrooms;
(11) Debt retirement relating to the above improvements.
(Ord. of 12-8-92)
Sec. 15-7. Expansion of a district.
Upon the recommendation of the Town Manager or upon petition of the landowners within the assigned special assessment district, the Selectboard may move to expand or decrease the area of the district provided the following conditions are met:
(1) Notification of the consideration of the change in the area is given in writing to all persons owning property in the affected area.
(2) A legally warned public hearing on the question is conducted by the Selectboard. This hearing requirement may be met by the public hearing conducted in amending this Ordinance to incorporate the district's expansion.
(3) The Selectboard amend this Ordinance to incorporate the expansion of a district.
(4) Any requirement for voter approval for any Town obligations is satisfied.
(Ord. of 12-8-92)
Sec. 15-8. Method of payment and abatement.
(a) Pursuant to Title 24 V.S.A. Section 3255—"Collection of Assessments; Liens," special assessments under this Ordinance shall constitute a lien on the property against which the assessment is made in the same manner and to the same extent as taxes assessed on the grand list of a municipality, and all procedures and remedies for the collection of taxes shall apply to special assessments. If the owner or owners of any property so assessed shall neglect to pay the Town Treasurer any installment of such fee on the date such installment is due and payable, the amount of such installment shall be increased by eight (8) percent, and for any amount not paid by the dates so set at Town meeting for the collection of taxes, the Town Treasurer shall issue a lien upon the delinquent property and collect fees in a manner consistent with delinquent property taxes.
(b) The Colchester Board of Tax Abatement (Board of Civil Authority) is the Constituted Board for the abatement of assessments whenever the same are illegal or in the judgment of the Board cannot be collected or are manifestly unjust.
(Ord. of 12-8-92)
Sec. 15-9. Powers supplemental—Construction.
(a) The powers conferred by Sections 15-1 through 15-10 hereof are supplemental and alternative to other powers conferred by law, and these sections are intended as an independent and comprehensive conferral of powers to accomplish the purpose set forth herein.
(b) The provisions of these sections shall be liberally construed in order to effect their purpose.
(c) If any provision of these sections shall be held invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.
(d) These sections shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of these sections, all steps shall be taken which are necessary to meet constitutional requirements, whether or not such steps are required by statute.
(e) Pursuant to Title 24 V.S.A. Section 3256—"Construction with Other Laws," nothing contained in this Ordinance shall prohibit the financing of any of the improvements referred to in this Ordinance by a tax on the grand list of a municipality, or by other means.
(Ord. of 12-8-92)
Sec. 15-10. Creation of a district.
Pursuant to Title 24 V.S.A. Chapter 87, Section 3251-3256, and Town Charter, Section 104(1), the Town of Colchester is hereby enabled to create special assessment districts.
(Ord. of 12-8-92)
Sec. 15-21. Exit 16 Special Assessment District.
Sec. 15-22. Creation of district.
Sec. 15-21. Exit 16 Special Assessment District.
There is hereby created in the Town of Colchester a special district to be known as the "Exit 16 Special Assessment District." This district shall include all lands which are located in and around the intersection of Route 7 with I-89 at Exit 16.
(Ord. of 12-8-92)
Sec. 15-22. Creation of district.
(a) The "Exit 16 Special Assessment District" shall include the parcels as designated on current tax maps of the Town of Colchester and any parcels subdivided from those listed:
On Tax Map 1, lots 20-1, 22, 23, 24, 24-1, 24-2, 24-3, 24-4, 24-5, 25, 26 and 27.
On Tax Map 1A, all parcels, including 1, 20, 20-2, 20-3, 20-4, 20-5, 20-6, 20-7, 20-8, 20-9, 20-10, 20-13, 20-14, 20-15, 20-16, 20-17, 20-18, 20-19, 20-20, 20-21, 20-22, 20-23, 20-24, 20-25, 20-26, 20-27, 20-28, 20-29, 20-30, 20-31, and 20-32.
On Tax Map 3, parcels 6, 7, 8, 10, 11, 11-1, 12, 13, 16, 17, 17-1, 17-2, 17-3, 18, 19, 20, 20-9, 21, 22, 23, 24, 24-1, 24-2, 24-3, 25, 25-1, 26, 27, 28, 29-1, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, and 66.
On Tax Map 3B, all parcels.
(b) The exit 16 special assessment district is to be broken down into four (4) separate and distinct categories, each category having its special attributes. They are:
(1) Category 1. Exempt properties. Premises not subject to special assessment. Residential uses shall not be subject to the special assessment fee established herein. Totally vacant, unoccupied buildings are not subject to a special assessment if it can be reasonably determined by the Town Manager that the use of the building in no way benefits from or is affected by the special assessment district improvements or by the operation of a tenant or landowner of other properties within the special assessment district. Real estate owned by the Town of Colchester or by the Colchester School District shall not be subject to special assessment.
(2) Category 2. Vacant land approved for development prior to December 31, 1985.
(3) Category 3. Vacant land approved for development or granted a construction permit after December 31, 1985.
(4) Category 4. Deferred assessment due to vacancy and lack of approvals prior to December 31, 1991.
(c) At the effective date of this Ordinance, the parcels within the Exit 16 Special Assessment District are assigned to assessment categories as follows:
(1) Category 1. Exempt properties;
Tax Map 3: Lots 18, 64 and 66.
Tax Map 3B: Lot 195 (formerly lot 15 A on Tax Map 3).
(2) Category 2. Vacant land approved for development prior to December 31, 1985;
Tax Map 1A: 20-2, 20-3, 20-5, 20-6, 20-7, 20-8, 20-13, 20-14, 20-23, and 20-24.
Tax Map 3: 24-1.
(3) Category 3. Vacant land approved for development or granted a construction permit after December 31, 1985;
Tax Map 1: All properties in district except 22, 25, 26, and 27.
Tax Map 1A: Lots 20, 20-15, 20-16, 20-18, 20-19, 20-21, 20-22, 20-27, 20-28, 20-29, 20-30, 20-31, and 20-32.
Tax Map 3: Lots 6, 7, 10, 10-1, 11, 11-1, 12, 13, 16, 19, 22, 24, 24-2, 54, 56, 60, 61, 63, and 65.
Tax Map 3B: All parcels except Lot 195.
(4) Category 4. Deferred assessment due to vacancy and lack of approvals prior to December 31, 1991.
Tax Map 1: Lots 20-1, 21, 22, 25, 26, and 27.
Tax Map 1A: Lots 1, 20-4, 20-17, 20-25, 20-26, and 20-10.
Tax Map 3: Lots 8, 8-1, 17, 17-1, 17-2, 17-3, 20, 20-9, 21, 23, 24-3, 25, 25-1, 26, 27, 28, 29-1, 55, 57, 58, and 62.
(Ord. of 12-8-92)