§ 5.35.030. Initiation of improvement proposal—Preclearance—Resubmission.

A.

When a petition application is submitted by a project sponsor, the boundaries of the district shall be approved following these steps:

1.

A special assessment district proposal shall be initiated by submitting a complete application and a map or detailed description of the proposed geographic area subject to inclusion in the special assessment district to the borough assessor or assessor's designee. Any property owner interested in bringing the public utility improvement to their property or neighborhood can initiate the process.

2.

Upon receipt of the application and map or description, the assessor or the assessor's designee shall review the materials to determine whether the proposed boundary is proper. The boundary will be considered improper if:

a.

any property adjacent to the proposed district will be benefited by the proposed utility and is clearly excluded for the primary purpose of enabling the included properties to meet assessment percentage and signature requirements of this chapter;

b.

the boundary covers a large, non-contiguous area, such as parcels unconnected by roadways, utility easements or property boundaries; or

c.

the boundary includes too many parcels with the intention of diluting costs or minimizing the effect of delinquent properties; or

d.

such other grounds as may be established by regulation or administrative policy.

3.

If the assessor makes a preliminary finding that the boundary is proper, s/he shall then obtain the approval of the borough mayor to submit the proposed boundary to the utility whose service is sought.

4.

Once the assessor and mayor both approve the boundary, the assessor shall consult with the utility whose service is sought to be extended and obtain written acknowledgment that the proposed boundary meets the requirements of the utility, that the utility approves and will support construction of the extension, and a written estimate of the utility's total cost of constructing the extension.

5.

If the utility company approves the project as described in subsection (A)(4), the assessor shall contact the sponsor and inform him/her of the assessor's approval and the utility's cost estimate.

B.

In the event that the assessor determines the proposed boundary is improper, the boundary description shall be returned to the sponsor along with a written explanation describing why the proposed boundary has been deemed improper. The sponsor may modify and resubmit the boundary description to the assessor for approval as described in Section A above.

C.

If the proposed boundary is approved under KPB 5.35.030(A), the sponsor may provide written notice to the assessing department of intent to proceed with full administrative review of the petition report under KPB 5.35.105.

D.

A non-refundable filing fee as established in the most current Schedule of Rates, Charges and Fees under KPB chapter 1.26 shall be submitted with the sponsor's notice to proceed with administrative review.

E.

After the written notice to proceed and filing fee are received by the assessing department from the sponsor, the assessing department shall provide notice of the proposed USAD to all parcel owners within the proposed USAD by certified mail, return receipt requested. The notice shall include the following:

1.

a description of the special assessment district and proposed improvement;

2.

a map of the proposed improvement;

3.

the timeframe for the mayor to complete the administrative review pursuant to KPB 5.35.105(C);

4.

notice that the legal description of parcels within the proposed district as of the date the mayor approves the petition report will be used to determine assessments per KPB 5.35.070(B). Any action to replat parcels within the proposed district shall be completed and recorded before the date the mayor approves the petition report under KPB 5.35.105(C); and

5.

notice that parcel owners shall submit any comments, including objections to their parcel's inclusion in the proposed district, in writing within 45 days of the date the assessing department mails the notices under this section, in order to be considered in the mayor's review of the petition report pursuant to KPB 5.35.105. Comments may be submitted via mail, hand-delivery, email, or facsimile. The date the assessing department receives the written comment will determine whether that comment has been timely submitted.

F.

If any changes are made to the proposed district boundary by the sponsor after the assessing department receives the sponsor's written intent to proceed with administrative review of the proposed district, the revised district shall be subject to all steps for preclearance and resubmission of the proposed district as provided in KPB 5.35.030. The sponsor will not be required to submit an additional filing fee.

(Ord. No. 2015-12 , § 1, 6-16-15; Ord. No. 2009-25, § 2, 5-19-09; Ord. No. 94-26, § 1(part), 1994; Ord. No. 92-16, § 1(part), 1992)