[Ord. No. 04-17, § I, 4-26-2004]
This chapter is intended to impose an impact fee on development
for the sewer utility, water utility, fire department and parks. The
impact fee is intended to regulate the effect of new development on
City infrastructure and services, the demand for which is generated
by new development or any improvements made to existing development.
The purpose of this chapter is to regulate the use and development
of land so as to assure that new development bears a proportionate
share of the cost of capital expenditures necessary to provide essential
facilities in the City.
[Ord. No. 04-17, § I, 4-26-2004]
The City Council has the authority to adopt this chapter pursuant
to W.S.A. § 66.0617.
[Ord. No. 04-17, § I, 4-26-2004]
As applied in this chapter, the following words and terms shall
be used:
Any permit required for new construction and additions pursuant to Chapter 14 of the Municipal Code.
A plan for capital expenditures, including commitments, to
be incurred during the budget year.
A plan for capital expenditures, including commitments, to
be incurred during the budget year and four years into the future.
The City of Lake Geneva, Walworth County, Wisconsin.
The Common Council of the City of Lake Geneva.
Any or all of the facilities as stated in the City impact
fee needs assessment and feasibility report dated January 26, 2004.
Any man-made change to improved or unimproved real property,
the use of any principal structure or land, or any other activity
that requires the issuance of a building permit.
Generally means a cash contribution imposed on a developer
by the City, but could include contributions of land or interests
in land or any other items of value.
The local use of land involving both residential and nonresidential
development.
Any local use of land for primarily industrial or commercial
purposes, or which does not fall within the definition of residential
development.
Any or all of the facilities as stated in the City park and
open space plan dated April 1999 as updated, and/or any ancillary
item associated with said plan.
A (single-family residential and individual unit within a
multifamily residential building) multiplier to be applied to the
meter size calculation of a nonresidential unit to arrive at a net
impact fee.
A dwelling which is a group of rooms, providing or intended
to provide living quarters for not more than one family. Included
are single-family residential dwellings and individual units within
a multifamily residential building. A residential unit is one residential
equivalent unit.
[Ord. No. 04-17, § I, 4-26-2004; amended 11-11-2013 by Ord. No.
13-21]
This chapter shall be uniformly applicable to residential and
nonresidential development which occurs within the City and the Impact
Fee Zone. The Impact Fee Zone shall be as included in the Impact Fee
Needs Assessment and Feasibility Reports dated January 26, 2004, and
September 2005.
[Ord. No. 04-17, § I, 4-26-2004; Ord. No. 05-37, § I, 10-24-2005; amended 11-11-2013 by Ord. No. 13-21]
(a)
Any person who, after the effective date of this chapter, seeks to
create, subdivide, and/or otherwise develop a residential unit within
the impact fee area as defined on Exhibit B of the Impact Fee Needs
Assessment and Feasibility Reports dated January 26, 2004, and September,
2005 is hereby required to pay per residential unit an impact fee
equal to one REU segregated as follows:
(b)
Any person who, after the effective date of this chapter, seeks to
create, subdivide, and/or otherwise develop a nonresidential unit
is hereby required to pay per nonresidential unit an impact fee for
one REU times a multiplier based upon meter size segregated as follows:
|
REU
|
Meter Size
| |
|---|---|---|
|
1.00
|
5/8 IR 3/4-inch disk
| |
|
1.60
|
1-inch disk
| |
|
2.80
|
1.5-inch disk
| |
|
4.80
|
2-inch disk
| |
|
6.40
|
2-inch turbo
| |
|
14.00
|
3-inch turbo
| |
|
40.00
|
4-inch turbo
| |
|
80.00
|
6-inch turbo
| |
|
100.00
|
8-inch turbine
| |
|
152.00
|
10-inch turbine
| |
|
649.60
|
12-inch turbine
|
(c)
Any person who, after the effective date of this chapter, seeks to
remodel or upgrade an existing residential or nonresidential unit
resulting in an upgrade in water meter size, shall pay an impact fee
equal to the difference between REU of the existing meter and new
meter times the current impact fee.
[Ord. No. 04-17, § I, 4-26-2004; Ord. No. 05-37, § II, 10-24-2005; amended 11-11-2013 by Ord. No. 13-21]
(b)
The impact fee for existing remodeled or upgraded residential and
nonresidential units resulting in an upgrade in water meter size shall
be assessed and become due prior to issuance of a water meter. City
park and recreation facilities segregated fee shall not be applied
to existing remodeled or upgraded residential and nonresidential units.
(c)
Pursuant to agreement between the City and any party, said fee may
be imposed upon such other mechanism that may be defined in said agreement.
[Ord. No. 04-17, § I, 4-26-2004]
(a)
All fees collected under this chapter, shall be placed in a segregated,
interest-bearing account and shall be accounted for separately from
other funds of the City. The fees and any interest on the fees shall
be spent only in accordance with this chapter.
(b)
In the event that bonds or similar debt instruments are issued for
advanced provision of capital facilities for which the impact fee
may be expended, impact fees may be used to pay debt service on such
bonds or similar debt instruments to the extent that the facilities
provided are of the type described in Paragraph (a) above.
(c)
At least once each fiscal year, the City Administrator shall present
to the City Council a proposed capital improvement program assigning
funds, including any accrued interest to fund improvements for the
improvement of City facilities funds, including any accrued interest,
not assigned in any fiscal year shall be retained in the same impact
fee trust fund until the next fiscal year, except as provided by the
refund provisions of this chapter.
[Ord. No. 04-17, § I, 4-26-2004]
Any funds not expended or encumbered by the end of the calendar
quarter immediately following 20 years from the date the impact fee
was paid shall, upon application of the then current owner, be returned
to such landowner with interest at the rate of 2% per annum, provided
that the landowner submits an application for a refund to the City
Clerk within 180 days of the expiration of the twenty-year period.
In the event that the City Engineer determines that the reasonable
time frame for build of a particular piece of infrastructure will
exceed the twenty-year test stated above, the City shall have the
right to maintain funds for expenditure greater than a twenty-year
period.
[Ord. No. 04-17, § I, 4-26-2004]
The following shall be exempted from payment of the impact fee:
(1)
Alterations or expansion of an existing building where no additional
residential units or sewer connections are requested and where the
use is not changed.
(2)
The replacement of a building or structure with a new building or
structure of the same size where number of dwelling units and/or number
of sewer connections remains unchanged.
|
Any claim of exemption must be made no later than the time of
application for creation or subdivision of the lot. Any claim not
so made shall be deemed waived.
|
[Ord. No. 04-17, § I, 4-26-2004]
Any property owner aggrieved by the amount, collection or use
of fees collected for that property may appeal the determination to
the City Council by making a written request to the City Clerk for
review of the determination to the Council. The request shall detail
the owner's complaint about the amount, collection or use of
the fees and provide the name and address of the owner complaining.
The Clerk shall give the owner seven days written notice by certified
mail at the address provided of when the matter will be reviewed by
the City Council. The owner shall be given a reasonable opportunity
to address the Council following which the Clerk shall give the owner
written notification by mail to the address provided of the Council's
decision on the appeal.
