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Session Laws, 1989
Volume 771, Page 2035   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 187

public interest. Immediately upon the commencement or within
twelve (12) months after the completion of acquisition of a water
supply or sewerage project, the Commission shall fix and levy a
benefit charge upon all property abutting upon the water main or
sewer in accordance with the classification. It shall, in
writing, notify all owners of the properties into which class
their respective properties fall and the charge determined upon
the property. It shall name also in the notice a time and place
when and at which the owners will be heard. The notice may be
mailed to the last known address of the owner, or served in
person upon any adult occupying the premises, or, in the case of
vacant or unimproved property, posted upon the premises. The
classification of any property made by the Commission is final,
subject only to revision at the hearing. The Commission may
change the classification of properties from time to time as the
properties change in the uses to which they are put. The benefit
charge shall be levied for both water supply and sewerage
facilities (whether constructed, purchased, established or
otherwise acquired) and shall be based for each class of property
upon the approximate cost of the facilities as an integral part
of the whole system, and either the [number of front feet] AREA
OF THE PROPERTY abutting upon the street, road, lane, alley,
right-of-way or easement in which the water pipe or sewer is
placed or, with respect to Multi-Unit and Institutional Classes
and properties assessed by the equal benefit assessment method,
the greater of the number of existing or potential units in or on
the property, or the number of units to which water supply or
sewage treatment capacity has been committed.

E. In classifying property and levying any [front foot]
benefit charge any lot abutting upon a street, road, lane, alley,
right-of-way or easement in which there is or is being
constructed a water main or sewer shall be assessed [for the
frontage] AN AMOUNT determined by the Commission to be reasonable
and fair. THE UNIT OF MEASURE FOR THE BENEFIT ASSESSMENT CHARGE
SHALL BE THE "FRONT FOOT", THE AMOUNT OF WHICH SHALL BE
CALCULATED BY PROCEDURES ESTABLISHED BY THE COMMISSION. Wherever
there are a number of CONTIGUOUS lots in the same block in one

(1) ownership appurtenant to a residence, the Commission may
[give a continuous frontage to all of the lots, regardless of the
streets upon which they face. A corner lot in the Subdivision
Residential Class of less than two (2) acres in size may not be
assessed on more than one (1) side, unless it also abuts on two

(2) parallel streets, but the frontage assessed may be that
determined to be reasonable and fair by the Commission, giving
consideration to the frontage towards which the building on the
lot would naturally face. Lots running through with front and
rear on separate streets may be assessed on both front and rear]
COMBINE THE LOTS FOR THE PURPOSE OF CALCULATING THE ASSESSMENT.
Any [of the] lots [in the foregoing categories] may be assessed
for their full [frontage] BENEFIT ASSESSMENT CHARGE even though a
water main or sewer may not extend along the full length of any
boundary. Land classed as agricultural by the Commission, when

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Session Laws, 1989
Volume 771, Page 2035   View pdf image
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