Ordinance on Landowner Contributions to Public Works (Perimeter Ordinance, PV) (Perimeterverordnung, PV) - Contributions to Public Works (PV)

1. This regulation applies to landowner contributions to public works by municipalities, municipal associations, and cooperatives, unless different legal provisions exist.

2. The provisions of the cantonal Land Improvement Ordinance are reserved.

1. For the distribution of the costs of private works (private roads and private service roads as defined by the Road Act, private installations as defined by the Land Improvement Ordinance) among the interested property owners, the competent authorities may declare the provisions of this ordinance applicable in whole or in part, provided there is a legal basis for the obligation to bear costs or the consent of all owners of the properties liable to contribution is obtained.

1. Municipalities may levy contributions from the owners of affected properties towards the construction, operational, and maintenance costs incurred from public works, if and to the extent that this is provided for in a law or regulations issued based thereon.

2. Properties are considered affected if they derive special economic benefits from the public work, the exploitation of which is possible and outweighs any potential disadvantages.

1. The construction costs according to § 3 also include the construction interest, the expenses for the planning and construction management, as well as for the acquisition of the necessary rights (land acquisition, etc., including compensations for depreciation and inconvenience). Construction costs also include the expenses for later modifications and extensions of public works.

2. The operating and maintenance costs also include the expenses for ensuring the proper use of the works, as well as the administrative costs and interest on debt resulting from operation and maintenance.

1. The contributions are to be assessed according to the measure of benefits and taking into account any potential disadvantages that may arise for the properties from the project. The total amount of the contributions, together with the municipal share and any contributions from the federal government, canton, etc., must not exceed the overall costs.

2. In the absence of cantonal regulations, municipalities may further specify the extent of the obligation to contribute in the building regulations or in a special regulation that requires the approval of the government council.

1. The municipality makes a decision on a case-by-case basis, in accordance with cantonal and municipal law, regarding the extent to which it will bear the costs and the amount of the cost share that must be paid collectively by those liable for contributions. The costs are considered to be the remaining costs after deducting any services provided by the federal government, canton, etc.

2. The municipality determines the group of properties or parts of properties subject to contributions and the amount of contributions allocated to them. It may consult experts.

3. If the interested properties are located in multiple municipalities, these municipalities, or if necessary, the Government Council, must decide which municipality will make the decisions in accordance with paragraph 2; this municipality must consult the other municipalities before making a decision.

1. Basis for Calculating the Amount of Individual Contributions

a. the area, the cadastral value, the building insurance value, or another suitable basic measure,

b. the class number

1. The municipality establishes the basic measure for each utility in order to facilitate an equitable distribution of contribution obligations.

2. If the interested properties gain various types of special advantages from the public utility, the municipality may form corresponding cost groups. Different basic measures can be determined for individual cost groups.

1. All plots of land or portions thereof shall be classified into categories according to the extent of the benefits they derive from the public works, with those plots most interested being placed in the highest category. As a rule, no more than twelve categories should be established.

2. In the classification, the following factors, insofar as they are significant in individual cases and not already included in the fixed base measure according to § 8, should particularly be taken into account

a. *General considerations:*

1. Location relative to the public work (adjacent or behind the plot; more or less distant from the plot);

2. Length of the boundary adjoining the public work;

3. Current and potential future types of use (agricultural or forestry use, residential or commercial use, etc.);

4. Current and possible future extent of use;

5. Cadastral value, area of the plot, or building insurance value;

6. Shape of the plot (e.g. more or less well-suited for development or agricultural use);

7. Accessibility to the plot;

8. Improvement of sanitary conditions;

9. Elimination of impending dangers;

10. Removal of inconveniences;

11. Relief from previous burdens;

b. *Particularly concerning roads:*

1. Creation of better and shorter connections with important points (village, city, train station, road of higher significance, etc.);

2. Availability of other access possibilities to the plot (corner plot, plot between two parallel roads, etc.);

3. Length of use;

4. Type of use of the road (e.g., service road used solely for access and departure or solely for land management or both);

c. *Particularly concerning sewage facilities:*

1. Number of inhabitants or equivalent inhabitants;

2. Number of dwellings or households;

3. Water consumption;

4. Quantity of discharged sewage or runoff coefficient;

5. Type of discharged sewage (particularly degree of pollution);

6. Fire insurance value;

d. *Particularly concerning water construction projects:*

1. Improvement of flood protection.

1. The numerical value of the base measure (§ 8) of the contributory property or part of the property, multiplied by the class number (§ 9), results in the number of sub-units. The proportional contribution obligation of the property thus calculated can be expressed as a percentage.

2. If similarly interested properties significantly differ in their proportional contribution obligations and these discrepancies cannot be eliminated by choosing a different base measure, the number of sub-units must be adjusted so that a fair distribution of the contribution obligation is achieved. Corresponding adjustments in the cost distribution must be justified.

3. The portion of the costs of the public works attributable to the contributory properties as a whole, divided by the total number of sub-units of all properties or parts of properties, results in the contribution to be paid per sub-unit.

4. The contribution to be paid per sub-unit, multiplied by the number of sub-units of the property, results in the contribution to be paid per property or part of the property.

1. The municipality may calculate the amount of the contributions in another manner, provided all parties involved agree.

2. If the owners of the properties subject to contributions are members of a cooperative in accordance with §§ 17 et seq. of the Introductory Act to the Swiss Civil Code of November 20, 2000 (EGZGB), the consent of the majority of the cooperative members is sufficient. The cooperative's statutes may stipulate that a qualified majority is necessary for this resolution.

3. If all parties involved agree to the results of the proportional contribution calculation by signing, this agreement shall have the effect of a legally binding cost distribution as per §§ 20 et seq. The agreement must be approved by the municipality.

1. The obligation to contribute arises with the commissioning of the plant or, in the case of § 14, with the commissioning of individual stages.

2. Once the cost allocator is legally established, the municipality may request advance payments in accordance with the progress of construction.

1. If subsequent benefits accrue to other properties from a public project, or if significant changes occur in the conditions relevant to the calculation of contributions for a property subject to contribution obligations (such as new constructions or structural alterations, changes in usage regulations, etc.), the contribution obligation for construction costs is to be subsequently and appropriately determined.

2. In accordance with the provisions of §§ 20 et seq., the municipality shall prepare a new cost distribution plan, which must be communicated to all owners of properties subject to contribution obligations as per § 21. The subject matter of the objection procedure includes the new delineation of the area subject to contribution obligations and the extent of the proportional contribution obligations of the newly assessed properties.

3. The subsequent contribution that is to be paid by the owners of the newly assessed properties for construction costs is reduced by five percent for each year that has elapsed since the commissioning of the public project. Contributions to construction costs that have already been paid are to be deducted without interest and not indexed.

4. The municipality is to distribute the amounts accruing to it from the subsequent contribution obligations to the previously liable property owners according to the original cost distribution plan. Amounts of less than 100 francs per entitled party remain with the municipality for infrastructure expenses. § 31 remains reserved.

1. The person liable for payment is the one who, at the time the assessment notice (invoice) is served, is the owner of the property or part of the property subject to the contribution.

1. If the construction of a public work is carried out in stages (e.g., the construction of individual sections of a road as needed or initially just a rough construction), the municipality may issue separate contribution decrees (invoices) for the costs of each stage.

1. Contributions become due one month after the contribution notice (invoice) has become final and binding.

2. From the due date, contributions shall bear interest at a rate of 5%.

1. The municipality may, upon a substantiated request, allow installment payments or defer contributions in cases of hardship.

2. Subject to § 15 para. 2. The municipality may also defer the payment of interest pursuant to para. 1.

3. The municipality may note the obligation to contribute in the land register in cases of installment payments and deferrals.

1. The municipality has a statutory lien for its contribution claims, insofar as it is provided for in the relevant laws.

1. The final and binding contribution order (invoice), in conjunction with the final and binding cost distributor, constitutes a definitive title for debt enforcement in accordance with Article 80, paragraph 2 of the Federal Act on Debt Collection and Bankruptcy, and § 22, paragraph 1, letter c of the cantonal implementing law.

1. Where contributions are levied not only for construction but also for operating and maintenance costs, the proportionate obligation for contributions as initially determined remains fundamentally unchanged. It may be altered by the municipality only in the event of a significant change in the circumstances relevant under §§ 7-9, either ex officio or upon a justified request from an involved property owner.

2. The re-determination of the proportionate obligation for contributions must be communicated in writing to the respective property owners. Moreover, the procedure is subject to the provisions of §§ 20 et seq.

1. If the conditions for the imposition of property owner contributions are met, the municipality shall prepare a cost distribution list, which must include the following points

1. Basis for the imposition of property owner contributions (relevant regulations, decision on the imposition of contributions, and the execution of a public work);

2. Amount of total costs, contributions from the federal government, canton, etc., the municipal share, and the total cost share apportioned to the liable properties;

3. Brief explanation of the choice of system as per § 8 and indication of the main criteria for classification according to § 9;

4. *Complete contribution table with the following columns: liable property, owner, numerical value of the base measure, class, number of share units, estimated contribution, or percentage obligation to contribute;

5. Reference to any possible plan display according to § 21 para. 2;

6. Reference to the right of objection according to § 22.

2. The properties or sections of properties declared liable for contribution shall be clearly marked in a contribution plan (situation plan). The municipality may dispense with the preparation of a contribution plan for public works, such as roads in unmeasured areas outside the construction zones, if the calculation of contributions does not rely on the property area and the circle of liable properties is otherwise clearly ascertainable.

1. The cost allocation report must be communicated in full and in writing to the owners of the properties subject to the charge.

2. The contribution plan must either be attached to the cost allocation report or made available for inspection by the municipality for 30 days. Anyone who can demonstrate a legitimate interest is entitled to inspect it.

1. Property owners may file an objection against the delineation of the area subject to the levy, as well as against the amount of their proportional contribution liability, within 30 days following the delivery of the cost distributor, in accordance with the Administrative Procedure Act.

1. The proportional contribution obligation specified in the cost allocation becomes legally binding upon the expiration of the objection period, unless it has been contested through an objection; subject to paragraph 4.

2. Objections that cannot be resolved amicably will be decided by the municipal authority responsible for preparing the cost allocation. If the amount of a third party’s proportional contribution obligation is contested, the third party must be heard before a decision is made; the decision must also be communicated to them.

3. An appeal against the objection decision may be filed with the Cantonal Court within 30 days.

4. The deciding authority will revoke the cost allocation in whole or in part ex officio if

a. the objection or appeal decision results in significant changes to the proportional contribution obligation, which, compared to uncontested contribution obligations, lead to substantial injustices;

b. it is determined during the assessment of the objection or administrative court appeal that procedural principles were significantly violated during the issuance of the cost allocation.

1. The municipality issues the contribution order (invoice) to the owners based on the proportionate contribution obligation determined in the cost allocator.

2. An objection against the contribution order can be filed within 30 days in accordance with the Administrative Procedure Act, and an administrative court appeal can be filed against the objection decision within the same period.

1. Municipalities may, in accordance with Sections 48 et seq. of the Municipal Act, merge into municipal associations for the joint construction, maintenance, and operation of public works.

1. If the construction, operation, and maintenance of a public work is the responsibility of multiple landowners, they must form a cooperative pursuant to Sections 17 et seq. of the Introductory Act to the Civil Code. If a voluntary association is not possible, the cooperative is established by resolution of the municipality.

2. Membership is based on the obligation to construct, operate, and maintain. Each liable plot of land or part thereof constitutes one membership and one vote. However, if multiple liable plots are owned by one person, the owner has only one vote, unless the bylaws provide otherwise. Details are to be regulated in the cooperative's bylaws.

3. Until the cooperative is constituted, the municipality shall take the necessary measures to fulfill the cooperative’s purpose.

1. If the construction, operation, and maintenance of a public work are the responsibility of a municipal association or a cooperative, the regulations of the second section apply to the obligation to contribute and the procedure, insofar as the third section does not contain differing provisions.

1. In the case of public works by municipal associations, the organs designated responsible according to the statutes exercise the powers conferred to the municipality in the second section.

2. In the case of public works by cooperatives, the municipality determines, upon request and after hearing the cooperative's board, the range of properties liable for contributions and the amount of such contributions; otherwise, the cooperative's board exercises the powers conferred to the municipality in the second section, unless the statutes provide otherwise. Both the cooperative board and individual cooperative members are entitled to request the municipality to reassess the contribution liability in accordance with § 19; the reassessment must be communicated to the cooperative and the affected property owners.

1. Construction of the project may not commence until the project has been approved, any contributions from the federal and cantonal governments have been assured, and the proportional obligation to contribute has been legally established.

2. In urgent cases, the government council may authorize or order the early commencement of the work.

1. The obligation to contribute arises as soon as it is proportionately legally binding.

2. The board of the cooperative may demand advance payments according to the progress of construction.

1. The cooperative is required to resolve whether the amounts accruing to it due to the subsequent contribution obligation should be either distributed among the members according to the proportion of their original contributions to the construction costs or set aside for future expenditures related to the construction, operation, and maintenance of the project.

1. Appeals against municipal objection decisions (§§ 23 para. 2 and 24 para. 2) may be filed with the Cantonal Court within 30 days in the form of an administrative court appeal. Appeals against other municipal decisions, excluding resolutions of the eligible voters and the municipal parliament (§ 6), may be submitted to the Government Council in the form of an administrative appeal.

2. Resolutions of the eligible voters and the municipal parliament (§ 6) can be challenged with a municipal complaint in accordance with § 109 of the Municipal Act before the Government Council.

1. For all cost allocators to be established after the entry into force of this regulation, the provisions of this regulation shall apply, even if the resolution regarding the creation and financing of the public work was made under previous law. The provisions on contribution calculation in Sections 7 and 8 in the version of August 9, 1994, do not apply to the subsequent determination of contribution obligations of individual properties within the meaning of Sections 12 and 19.

2. The tables of joint liability and other calculations of proportional contribution obligations that already exist at the time of this regulation’s entry into force shall remain generally unchanged. However, the municipality may replace the cadastral value with another basic measure as a basis for contribution calculations if this allows for a fairer distribution of contribution obligations among individual properties; in the case of contribution obligations to public works of a cooperative, this requires an application by the cooperative. The procedure is governed by Sections 20 et seq.

3. The provisions regarding the redetermination of contribution obligations (Section 19) also apply to tables of joint liability and other calculations of proportional contribution obligations that were established before the entry into force of this regulation.

1. Upon the enactment of this regulation, all provisions conflicting with it are repealed, particularly the Regulation concerning the contribution obligations in water and road construction dated October 22, 1913, and §§ 60-65 of the Cantonal Land Improvement Regulation dated July 21, 1966 / April 3, 1967.

1. This regulation comes into force on November 1, 1969. It is to be published.