[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.]
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.
A.
DWELLING UNIT
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]
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]
The following fees are impact fees established by the Village
pursuant to § 66.0617, Wis. Stats.:
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).
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.
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.
[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.
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.
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:
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.
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
|
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.
[1]
Editor’s Note: Former § 598-11, Public sewer impact
fee, as amended, was repealed 5-11-2016.
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.
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.
[1]
Editor’s Note: Former § 598-14, Public buildings
impact fee, as amended, was repealed 5-11-2016
