Village of Baldwin, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Title 14, Ch. 2, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 620.
Zoning — See Ch. 635.

§ 598-1 Intent.

This chapter is enacted to establish the mechanism for the imposition of impact fees upon development to finance the capital cost of acquiring, establishing, upgrading, expanding, and constructing public facilities which are necessary to accommodate such development. This chapter is intended to assure that development bears an appropriate share of the cost of capital expenditures necessary to provide such public facilities within the Village of Baldwin and its service areas as are required to serve the needs arising out of development, as well as to comply with § 66.0617, Wis. Stats. As provided in § 66.0617(2)(b), Wis. Stats., the Village of Baldwin, by adopting this chapter, is not intending to limits its authority to finance public facilities by any other means authorized by law, including, without limitation, the means authorized by § 236.13(2) and (2m), Wis. Stats., and Chapter 620, Subdivision of Land, of this Code, and any other statutes or ordinances.

§ 598-2 Definitions.

A. 
Statutory definitions; specific definitions. All words shall have the same meanings as set forth in § 66.0617(1), Wis. Stats. In addition, the following terms shall have the meanings indicated:
[Amended 3-13-2013]
DWELLING UNIT
A building or portion thereof with rooms arranged, designed, used or intended to be used for one family. Guesthouses with kitchen and bathroom facilities are considered dwelling units.
B. 
Development meaning. The word "development" shall have the same meaning as the phrase "land development" defined above.
C. 
Residential equivalent unit (REU). "Residential equivalent unit (REU)" means a unit of measure for impact fees equivalent to one residential dwelling unit. For purposes of calculating the public water impact fee, public sewer impact fee and public building impact fee, one REU is considered equal to the basic residential meter size of 5/8 inch or 3/4 inch. The public water and public sewer impact fees are calculated by reference to the Equivalent Meter Conversion Chart contained in § 598-10E of this chapter. For purposes of calculating the street impact fee, one REU is considered equal to the average daily number of trips per single-family residential dwelling unit on a weekday. For the purposes of determining the average daily number of trips generated by a use, the latest edition of the Trip Generation Manual, ITE, shall used. For the purposes of calculating the parks impact fee, one REU is equal to each separate dwelling unit. For the purposes of calculating the public buildings impact fee, one REU is equal to each separate dwelling unit for residential development. For nonresidential development, the public buildings impact fee is calculated by reference to the Equivalent Meter Conversion Chart contained in § 598-10E of this chapter. In all cases, the Village Clerk-Treasurer shall make the decision as to the application of these standards.
[Amended 3-13-2013]

§ 598-3 Establishment of impact fees.

The following fees are impact fees established by the Village pursuant to § 66.0617, Wis. Stats.:
A. 
Public water impact fee pursuant to § 598-10.
B. 
Public sewer impact fee pursuant to § 598-11.
C. 
Public street impact fee pursuant to § 598-12.
D. 
Public park impact fee pursuant to § 598-13.
E. 
Public buildings impact fee pursuant to § 598-14.

§ 598-4 Documentation.

The following Village documents contain the needs assessment for the impact fees identified under § 598-3, demonstrate Village compliance with the requirements of § 66.0617(3) and (4), Wis. Stats., and shall be kept on file and available for public inspection in the office of Village Clerk-Treasurer:
A. 
"Impact Fee Needs Assessment" prepared by Short Elliot Hendrickson, Inc.
B. 
"Capital Improvements Plan" prepared by Short Elliot Hendrickson, Inc.
C. 
"Village of Baldwin Outdoor Recreation Plan" prepared by Cedar Corporation.
D. 
"Water Storage and Supply Analysis - Village of Baldwin" prepared by Cedar Corporation.
E. 
"Impact Fees: Public Facilities Needs Assessment" prepared by Cedar Corporation (updated June 2004).

§ 598-5 Revenues.

Revenues collected by the Village as impact fees shall be placed by the Village Clerk-Treasurer in segregated interest-bearing accounts and shall be accounted for separately from other funds of the Village. Impact fee revenues and interest earned on impact fee revenues may be expended by the Village only for the capital costs for which the impact fees were imposed.

§ 598-6 Time limit for expenditures.

A. 
Maximum time to use impact fees collected from the time of fee collection (based on type of facility). The maximum time to use impact fees collected from the time of fee collection shall be pursuant to § 66.0617, Wis. Stats., or current state statute governing impact fees.
[Amended 1-14-2009]
B. 
Extension of time to use impact fees. The maximum time period to use impact fees collected from the time of fee collection specified in Subsection A above may be extended for an additional three years upon passage of a resolution by the Village Board which specifies extenuating circumstances or hardships which create the need for the additional three years.
C. 
Refund of unused funds. Fees held be the Village under § 598-5 and not used within the time period specified herein shall be refunded, along with any interest that has accumulated, to the persons who are the owners of record, at the expiration of such time period, of the property upon which the impact fees were imposed.

§ 598-7 Payment of impact fees.

[Amended 1-14-2009; 5-11-2016]
Unless otherwise expressly provided herein, all required impact fees shall be paid in full upon the issuance of a building permit by the Village of Baldwin. Impact fee payments shall be assumed to be the responsibility of the owner of record at the time of application for building permit or the owner of record at the time of request for connection to the public water system, whichever is applicable.
A. 
If the provisions of this section are inconsistent with any terms addressing imposition or payment of impact fees in any developer's agreement executed prior to passage of this chapter, the terms of any such developer's agreement(s) shall control.
B. 
Any impact fee imposed due to installation of a larger meter pursuant to § 598-10B shall be paid prior to installation of the larger meter.
C. 
The Village Board, upon written application, may waive, reduce, or defer payment of the required impact fee for land developments by or for nonprofit entities or charitable organizations. The Village Board may require the submittal of any information it deems necessary to verify the nonprofit or charitable status of the developer as part of the application process. The Village Board, at its sole discretion, may create additional conditions to any waiver, reduction or deferral of impact fee payment(s) approved pursuant to this subsection.

§ 598-8 Installment payments.

The Village Board may authorize by resolution the payment of impact fees in installment payments. If installment payments are authorized, interest shall be paid on the installment payments at the same rate then charged by the Village on installment payments for special assessments.

§ 598-9 Appeals.

A. 
No appeal may be commenced pursuant to this section if any applicable impact fee or installment payment is delinquent. No impact fee payment obligation shall be suspended during the pendency of any appeal filed pursuant to this section.
B. 
Pursuant to § 66.0617(10), Wis. Stats., the only issues upon which an impact fee appeal can be raised are the following:
(1) 
The amount of the impact fee imposed by the Village and paid by the developer.
(2) 
The method of collection of the impact fee.
(3) 
The purpose for which impact fee funds are expended by the Village.
C. 
Appeals must be brought within 30 days of the earlier of:
(1) 
The due date for payment of the applicable impact fee; or
(2) 
The due date of the first installment payment.
D. 
The appellant shall pay a filing fee as prescribed in the Village Fee Schedule at the time of filing of the appeal. The notice of appeal shall be filed with the Village Clerk-Treasurer.
E. 
Following the filing of the notice of appeal, the Village Clerk-Treasurer shall compile a record of the ordinance imposing the contested impact fee and a record of the management and expenditure of the impact fee. The Village Clerk-Treasurer shall transmit these documents to the Village Board. The Village Clerk-Treasurer shall also compile a report for each appeal in which the appellant is seeking a total or partial refund of the impact fee paid. This report shall specify the fiscal impact of a successful appeal on the Village of Baldwin. The fiscal impact report shall estimate whether it will be necessary for the Village to adjust impact fees or amend existing ordinances if there is a successful appeal.
F. 
The Village Board shall hold a public hearing on the appeal, preceded by a Class 1 notice, providing fair opportunity for the appellant to be heard. The burden shall be on the appellant to establish illegality or impropriety of the impact fee at issue. Following the close of the public hearing, the Village Board shall deliberate upon the matter and shall conduct any studies and inquiries it deems appropriate to decide the appeal.
G. 
If the Village Board determines that the appeal has merit, it shall determine appropriate remedies. These may include reallocation of the proceeds of the challenged impact fee to accomplish the purposes for which the fee was collected; refunding the impact fee in full or in part, along with interest collected by the Village thereon; granting the appellant the opportunity to make the impact fee payment in installments; or such other remedies as it deems appropriate in a particular case.

§ 598-10 Public water impact fee.

A. 
A public water impact fee is hereby imposed on all development in the Village of Baldwin as specified in this chapter. The public water impact fee shall be imposed upon any development occurring on land subsequently annexed to the Village of Baldwin as of the date of annexation of such land.
B. 
The public water impact fee is hereby imposed for any current (as of the effective date of this chapter) or future development within the Village of Baldwin. The public water impact fee shall also be imposed on any existing development in which a larger water meter is installed, whether such installation is due to a modification of the development or not. Any such public water impact fee shall be referred to in this chapter as a "larger meter fee" and shall be imposed based on the size of the new larger meter, subject to the credit described in Subsection F(2) below.
C. 
The public water impact fee shall be calculated as set forth in the "Report on Water Impact Fees" ("Report") referenced in § 598-4 of this chapter.
D. 
The public water impact fee shall be as prescribed in the Village Fee Schedule for each REU.
E. 
Basis of fee.
(1) 
The total public water impact fee for a particular development shall be based on the following size of the water meter installed to service the development according to the following table of meter equivalents:
Meter Size and Its Number of REUs
("Equivalent Meter Conversion" in the Report)
3/4" or 5/8"
=
1 REU
1"
=
2.5 REU
1.25"
=
4 REU
1.5"
=
5 REU
2"
=
8 REU
3"
=
15 REU
4"
=
25 REU
6"
=
50 REU
8" or larger
=
80 REU
(2) 
The impact fee for a particular development shall be determined by multiplying the applicable public water impact fee specified in Subsection D above by the number of REUs as determined by reference to the table above.
F. 
Public water impact fees may be reduced or eliminated as follows:
(1) 
Additions to existing buildings which do not involve installation of additional or larger water meters shall not be assessed a public water impact fee.
(2) 
A larger meter impact fee shall be reduced by the amount of any previous impact fee paid for that same meter installation. In the case of installment payments, the reduction does not include any interest paid.

§ 598-11 (Reserved) [1]

[1]
Editor’s Note: Former § 598-11, Public sewer impact fee, as amended, was repealed 5-11-2016.

§ 598-12 Public street impact fee.

A. 
Impact fee established. A public street impact fee is hereby imposed on all development in the Village of Baldwin. The public street impact fee shall be imposed upon any development occurring on land subsequently annexed to the Village of Baldwin as of the date of annexation of such land.
B. 
Applicability. The public street impact fee is hereby imposed for any current (as of the effective date of this chapter) or future development within the Village of Baldwin.
[Amended 1-14-2009]
C. 
Report. The public street impact fee imposed shall be as set forth in the "Report on Street Impact Fees" ("Report") referred to in § 598-4 of this chapter.
D. 
Impact fee prescribed. The public street impact fee shall be as prescribed in the Village Fee Schedule for each REU.
E. 
Residential development.
(1) 
The public street impact fee for a particular residential development shall be based on the projected number of trips which will occur as a result of the development, based upon the averages specified in the most current edition of the Trip Generation Manual, ITE.
(2) 
The impact fee for a particular residential development shall be equal to the impact fee per REU multiplied by the applicable number of REUs. The applicable number of REUs shall be determined by dividing the average number of trips generated by the proposed use by the average daily number of trips per single-family residential dwelling unit on a weekday. The minimum charge shall be one REU per dwelling unit.
F. 
Commercial and industrial development.
(1) 
The total public street impact fee for a particular commercial or industrial development shall be based on the projected number of trips which will occur as a result of the development, based upon the averages specified in the most current edition of the Trip Generation Manual, ITE. "Development," as used in this Subsection F, shall mean any new commercial or industrial construction or the expansion of the footprint of an existing commercial or industrial structure.
(2) 
The applicable number of REUs shall be determined by dividing the average number of trips generated by the proposed use by the average daily number of trips per single-family residential dwelling unit on a weekday. The public street impact fee for a particular commercial or industrial development shall be equal to 30% of the number arrived at by multiplying the impact fee per REU by the applicable number of REUs.
(3) 
The maximum street impact fee assessed for a particular commercial or industrial development shall be the amount arrived at by multiplying $1 by the number of square feet in the new or expanded development. There shall be a minimum street impact fee assessed against any commercial or industrial development of 0.5 REU multiplied by the current street impact fee amount. If the maximum calculated impact fee amount for a given development is less than the minimum fee set forth in the preceding sentence, the minimum amount shall apply.

§ 598-13 Public parks impact fee.

A. 
Impact fee established. A public parks impact fee is hereby imposed on all residential development in the Village of Baldwin. The public parks impact fee shall be imposed upon any residential development occurring on land subsequently annexed to the Village of Baldwin as of the date of annexation of this land.
B. 
Applicability. The public parks impact fee is hereby imposed for any current (as of the effective date of this chapter) or future residential development within the Village of Baldwin. The public parks impact fee shall also be imposed on any modification to an existing residential development which results in any additional residential units.
C. 
Report. The public parks impact fee imposed shall be calculated as set forth in the "Report on Impact Fees" ("Report") referred to in § 598-4 of this chapter.
D. 
Impact fee prescribed. The public parks impact fee shall be as prescribed in the Village Fee Schedule for each REU.
E. 
Number of dwelling units. The total public parks impact fee shall be based upon the number of dwelling units created by the development.
F. 
Calculation. The total public parks impact fee shall be equal to the impact fee per REU as set forth in Subsection D above multiplied by the number of dwelling units in a development.

§ 598-14 (Reserved) [1]

[1]
Editor’s Note: Former § 598-14, Public buildings impact fee, as amended, was repealed 5-11-2016