Sec. 74-179. - City participation in the costs of local improvements.
(a) The following is the city policy on road projects done under assessments:
(1) The procedure provided by Private Laws 1927, Chapter 224, shall replace the procedure now contained in the Charter when there is a difference between the two procedures.
(2) The assessment for any property owner for paving of a dirt street will be waived if a minimum of 60 feet of street right-of-way or 30 feet of right-of-way plus ten feet of utility easements on each side of the street is dedicated and platted. If the property owners wish to have curb and gutter installed, they shall pay 100 percent of the actual cost of installing such improvements.
(3) In all instances where a substandard paved street or dirt street is to be improved to city standard curb and gutter by a petition, the amount to be assessed against any property owner per property front foot for such curb and gutter and associated improvements shall be 100 percent of the actual cost of installing such improvement.
(4) Reserved.
(5) With respect to all sidewalk improvement projects to be constructed within approved and designated community development areas, for which project the city receives federal community development financial assistance, the amount to be assessed against abutting properties shall be one-half the amount that would be assessed at the assessment rate generally prevailing at the time such projects are approved by the city council.
(6) Within approved and designated community development areas, the total cost of constructing or reconstructing any portion of a driveway within the sidewalk area shall be assessed against the lot served by such driveway; provided, however, that the cost of reconstruction of an existing city standard concrete driveway which is necessitated by the construction or reconstruction of an adjoining sidewalk shall be paid in full by the city. The cost of reconstruction of an existing substandard driveway necessitated by the construction or reconstruction of an adjoining sidewalk shall be assessed against the lot served by such driveway at one-half its actual cost.
(7) Reserved.
(8) With respect to private streets within the city limits of Winston-Salem, if the street has a minimum of 30 feet of right-of-way plus ten feet of utility easements on each side of the street and water and sewer services installed, then at a petition request from the property owners, the City of Winston-Salem Streets Division will prepare an estimate to bring the street construction up to city ribbon pavement standards. A sufficient petition must then be turned in by the property owners. According to Chapter 224 of the 1927 Private Laws, for the petition to be considered legally sufficient, it must be signed by over 50 percent of the affected property owners who own over 50 percent of the property frontage. City staff will recommend a project for approval only if the petition has been signed by over 60 percent of the property owners who own over 60 percent of the property frontage. Further, according to Chapter 224 of the 1927 Private Laws, city council can approve any request for improvements when in its judgment, the street is unsafe or dangerous or whenever the paving or repaving is necessary in order to connect streets already paved or if it is necessary in order to connect any paved portion of any municipality's streets with a paved highway outside the corporate limits. If either of these forgoing conditions exists, and, in the judgment of council, the abutting property will be benefited by said improvements, the council may, without petition, order the making of such improvements and assess the abutting property owners. Once a project is approved by the city council, the property owners will be responsible for the percentage of the total project cost associated with the material costs (i.e., asphalt, stone, etc.) and the city will be responsible for the percentage of the total project cost associated with the labor and equipment costs. Payment for said materials will be collected by the City of Winston-Salem through an assessment on the affected properties. As limited by Chapter 224 of the 1927 Private Laws, the assessment will not include the cost of paving the intersection. Also, exemptions will be granted to corner lots when a project is undertaken along both sides of such lots. Said exemption will be up to 75 percent of the frontage of any side of the corner lot, or 200 feet, whichever is greater. Once the street is brought up to City of Winston-Salem standards, the streets division will take over the street as a city maintained street and will be responsible for all further maintenance.
(9) If the street or sidewalk along the side of a corner lot, used as a single lot, is paved or otherwise improved, such lot shall be exempt from assessment for such improvement along the side of such lot to the extent of 40 percent of the frontage on such street or 60 feet, whichever is less. If the street or sidewalk in front of a corner lot, used as a single lot, is paved or otherwise improved, no exemption shall be allowed. The provisions contained in the two preceding sentences shall be subject to the following exception: If the street or sidewalk in front of a corner lot is not paved at the time of the improvement of the street or sidewalk, as the case may be, along the side of the lot, such lot shall be exempt from assessment for the improvement along the side of such lot to the extent of 20 percent of the frontage on such street or 30 feet, whichever is less; and thereafter, upon the improvement of the intersecting street or sidewalk on which such lot fronts, such lot shall be exempt from assessment for the improvement of the street or sidewalk to the extent of 50 percent of the frontage on such street or 30 feet, whichever is less. This exception shall apply to situations where the street along the side of a lot was improved prior to the adoption of the ordinance from which this section is derived, as well as to situations where the street along the side of a lot is improved after the adoption of the ordinance from which this section is derived.
(10) The total cost of constructing or reconstructing a sidewalk shall be assessed against the lots or parcels of land abutting in accordance with Private Laws of 1927, Chapter 224, § 14(b), except where the corner lot relief policy, as defined in subsection (1) [(9)] of this subsection, and within the infrastructure development standards, shall apply.
(11) The total cost of constructing or reconstructing any portion of a driveway within the sidewalk area shall be assessed against the lot being served by such driveway; provided, however, the cost of any reconstruction of an existing city standard concrete driveway, made necessary by construction or reconstruction of the adjoining sidewalk, shall be paid in full by the city. The cost of reconstructing any existing substandard driveway shall be paid by the abutting property owner.
(12) It is hereby declared to be the policy of the city to grant relief with respect to street and sidewalk improvement assessments to the property owner of a double-frontage lot in areas zoned residential as set forth in this subsection. For the purposes of this section, a double-frontage lot is defined to be a lot which adjoins two streets, front and back, and which is not a corner lot. If one street abutting a double-frontage lot has been improved (with respect to street paving, this shall mean improvement to full city standards), the lot shall be exempt from assessment for the same or a comparable type of improvement (street or sidewalk) on the second street to the extent of 40 percent of the lot's frontage on such street or 60 feet, whichever is less, provided:
a. The residentially zoned lot is vacant and the total area and lot depth are less than twice the minimum zoning lot requirements for the zoning district.
b. There is a principal building on the lot which is so located that the area and 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 the area and lot depth indicated for the zoning districts tabulated in subsection (1) [a.] of this subsection; or
c. 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 city council shall determine whether or not the lot is to receive the assessment exemption under this subsection.
(13) It is hereby declared to be the policy of the city that, in all instances in which streets and sidewalks are paved on petition to a width in excess of that required by the city, the abutting property owners shall be assessed in accordance with the policies set forth in this section for that portion of the cost of the improvement attributable to the improvement of a 26-foot wide street and a five-foot wide sidewalk. The city shall absorb that portion of the cost, if any, attributable to any extra width required by the city, and the property owners shall be assessed for that portion of the cost attributable to any excess width requested in the petition but not required by the city.
(14) Street intersections and private alleys intersecting street improvement projects, where the alley is owned by more than one adjoining property owner, shall not be subject to sidewalk and street paying improvement project assessments.
(b) The following is the city policy on road projects done under contractual agreements with neighborhoods:
(1) With respect to private streets within the city limits of Winston-Salem, if the street has a minimum of 30 feet of dedicated public right-of-way and water and sewer services installed plus two ten-foot easements, then at the request of the property owners, the City of Winston-Salem Streets Division will prepare an estimate to bring the street construction up to city ribbon pavement standards using hot mix asphalt (HMA).
(2) If the street has a minimum of 30 feet of dedicated public right-of-way but may not have both water and sewer services installed plus two ten-foot easements, then at the request of the property owners, the City of Winston-Salem Streets Division will prepare an estimate to bring the street construction up to city ribbon pavement standards using a bituminous surface treatment (BST) standard.
(3) For all road projects done with HMA under the provisions of this subsection and that are over ten years old, the City of Winston-Salem Streets Division shall prepare a total cost for the roadway improvements needed for the city to accept the street for maintenance. The city will then require a financial participation by the neighborhood at a variable percentage of the total cost based on the neighborhood's average dwelling values relative to the city-wide median dwelling value. The participation percentages shall be as shown in the table below:
Neighborhood Avg. Property Values Divided by City Avg. Property Values | City Share of Pavement Work | Neighborhood Share of Pavement Work
< 0.4 | 100% | 0%
0.4—0.6 | 90% | 10%
0.61—0.8 | 80% | 20%
0.81—1.0 | 70% | 30%
1.01—1.2 | 60% | 40%
1.21—1.4 | 50% | 50%
1.41—1.6 | 40% | 60%
1.61—1.8 | 30% | 70%
1.81—2.0 | 20% | 80%
2.01—2.2 | 10% | 90%
> 2.2 | 0% | 100%
;adv=6;City council must approve any projects done under this provision. Roads less than 15 years old and roads in nonresidential neighborhoods do not qualify for this program. Neighborhoods must be 75 percent or greater developed to qualify for this program. Mobile homes are not considered real estate and mobile home developments would not qualify for this program. The required payment for the improvements will be made by the residents of the affected neighborhood after city council approval of the road improvement project but before any work is performed. There will be no assessment for work done under this subsection. If there is no payment required from the residents, work can begin upon city council approval.
(Code 1975, § 21-114; Ord. No. 4297, §§ 1—3, 8-17-98; Ord. No. 4373, § 1, 10-23-00; Ord. of 1-6-03, § 1; Ord. No. 4580, 4-16-07; Ord. No. 4593, § 1, 6-18-07; Ord. No. 4608, 12-17-07; Ord. No. 4702, § 1, 7-19-10; Ord. No. 4748, § 1, 2-20-12)
