Village of Richfield, WI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Richfield 2-16-2006 by Ord. No. 06-01-01; amended 7-20-2006 by Ord. No. 06-07-01; 8-20-2009 by Ord. No. 2009-8-11 (Ch. 67 of prior Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 330.

§ 212-1 Statutory authority.

This chapter is authorized under § 66.0617, Wis. Stats. The provisions of this chapter shall not be construed to limit the power of the Village to adopt such ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this chapter.

§ 212-2 Purpose.

The purpose of this chapter is to promote the public health, safety, and general welfare of the community and to facilitate the adequate provision for parks, playgrounds, land for athletic fields, and fire protection facilities by imposing impact fees upon developers to pay for the capital costs that are necessary to accommodate land development.

§ 212-3 Definitions.

As used in this section, the following terms shall have the meanings indicated:
CAPITAL COSTS
The capital costs to construct, expand, or improve public facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering, and design costs unless the Village can demonstrate that its legal, engineering, and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. Capital costs do not include other non-capital costs to construct, expand, or improve public facilities, vehicles, or the costs of equipment to construct, expand, or improve public facilities.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
DEVELOPER
A person that constructs or creates a land development.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
IMPACT FEES
Cash contributions, contributions of land or interest in land or any other items of value that are imposed on a developer by a municipality under this chapter.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
LAND DEVELOPMENT
The construction or modification of improvements to real property that creates additional residential dwelling units within the Village or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within the Village.
PUBLIC FACILITIES
The meaning of which is provided in § 66.0617(1), Wis. Stats.
[Amended 8-15-2013 by Ord. No. 2013-8-2]

§ 212-4 Imposition of impact fees.

A. 
Impact fees imposed.
(1) 
Impact fees are hereby imposed on all developments and land divisions within the Village.
(2) 
Impact fees must be paid in full by the developer or property owner at the time of the issuance of a building permit.
(3) 
For all developments no building permit shall be issued for land development unless the impact fees set forth in this chapter are imposed and calculated pursuant to this chapter. Fee shall be payable at the time building permits are issued.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
B. 
Parks, playgrounds, and land for athletic fields impact fee.
[Amended 8-15-2013 by Ord. No. 2013-8-2; 3-19-2015 by Ord. No. 2015-03-02]
(1) 
Any developer creating a land division for residential development or constructing additional residential dwelling units within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the park, playground and land for athletic fields needs of land development, except as provided in Subsection D.
(2) 
The amount of the fee per residential dwelling unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 212-5, shall be as follows:
(a) 
For single-family or two-family residential development, the fee shall be $1,035 per dwelling unit.
(b) 
For multifamily residential development, the fee shall be $776 per dwelling unit.
(c) 
For studio and one-bedroom apartments, the fee shall be $517 per dwelling unit.
(3) 
Such fees collected by the Village shall be placed in a special fund which shall be separate from the general fund of the Village, and the special fund and all interest earned thereon shall be used exclusively for the capital costs of parks, playgrounds and land for athletic fields within the Village.
(4) 
Such fees shall be used by the Village for the aforesaid purpose within the applicable period of time as established by § 66.0617, Wis. Stats., after the date of payment, or such fees along with any interest that has accumulated shall be refunded to the then-current owner(s) of the property upon which such fee was collected.
(a) 
Fees collected prior to April 10, 2006, shall be used not later than the first day of the 120th month beginning after the date on which the fee was collected.
(b) 
Fees collected after April 10, 2006, but within seven years of the effective date of this chapter, shall be used within 10 years after the date on which the fee was collected unless, in the event of extenuating circumstances or hardship, the Village adopts a resolution under § 66.0617(9)(b), Wis. Stats., to extend the time within which such fees must be used.
(c) 
Fees collected after April 10, 2006, and more than seven years after the effective date of this chapter, shall be used within a reasonable period of time after the date on which the fee was collected.
C. 
Fire protection facilities.
[Amended 8-15-2013 by Ord. No. 2013-8-2; 3-19-2015 by Ord. No. 2015-03-02]
(1) 
Any developer creating a land division for residential, commercial, institutional or industrial development or constructing additional residential dwelling units within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the fire protection facilities needs of land development, except as provided in Subsection D.
(2) 
Fee amount.
(a) 
The amount of the fee per residential dwelling unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 212-5, shall be as follows:
[1] 
For a single-family or two-family residential development, the fee shall be $1,392 per dwelling unit.
[2] 
For a multifamily residential development, the fee shall be $1,044 per dwelling unit.
[3] 
For studio and one-bedroom apartments, the fee shall be $696 per dwelling unit.
(b) 
For commercial and institutional development, the fee shall be $0.246 per square foot of building space.
(c) 
For industrial development, the fee shall be $0.174 per square foot of building space.
(3) 
Such fees collected by the Village shall be placed in a special fund which shall be separate from the general fund of the Village, and the special fund and all interest earned thereon shall be used exclusively for the capital costs of fire protection facilities within the Village.
(4) 
Such fees shall be used by the Village for the aforesaid purpose within the applicable period of time as established by § 66.0617, Wis. Stats., after the date of the payment, or such fees along with any interest that has accumulated shall be refunded to the then owner(s) of the property upon which such fee was collected.
(a) 
Fees collected prior to April 10, 2006, shall be used not later than the first day of the 120th month beginning after the date on which the fee was collected.
(b) 
Fees collected after April 10, 2006, but within seven years of the effective date of this chapter, shall be used within 10 years after the date on which the fee was collected unless, in the event of extenuating circumstances or hardship, the Village adopts a resolution under § 66.0617(9)(b), Wis. Stats., to extend the time within which such fees must be used.
(c) 
Fees collected after April 10, 2006, and more than seven years after the effective date of this chapter, shall be used within a reasonable period of time after the date on which the fee was collected.
D. 
Fee reduction. Any impact fee imposed under this section shall be reduced to compensate for capital costs otherwise imposed by the Village upon the land development subject to this section, for the same public facilities for which an impact fee has been imposed under this section, including by way of special assessments, special charges, land dedications or fees in lieu of land dedications under Ch. 236, Wis. Stats., or any ordinance adopted thereunder or any other items of value. Impact fees imposed under this section shall also be reduced to compensate for moneys received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees under this section are imposed.

§ 212-5 Administration and review.

A. 
Fees subject to administration and review.
(1) 
All fees collected and special accounts maintained under this chapter shall be subject to administration by the Village Treasurer or designee. The Village Treasurer or designee shall report annually to the Village Board with regard to all deposits, withdrawals and fund balances in these accounts.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
(2) 
The purpose of the annual report is to provide the Village Board with information necessary to determine that all funds collected are spent within the time required for the purpose intended and that the amount of fees imposed continues to represent an equitable and reasonable apportionment of the cost of public improvements and requirements generated by land development. Upon such considerations and for such purposes, the Village Board may make reasonable adjustments to the amount of such fees and determine whether there exists any reasonable need for refund of fees previously collected. The impact fee imposed under this chapter shall be increased annually at a rate equal to the percentage change in the United States Bureau of Labor Statistics Midwest Region All Items Consumer Price Index for All Urban Consumer(s) for the previous 12 months, with the adjustment effective January 1 of each year. The Village Treasurer or designee shall calculate the adjusted fees and maintain a copy of the calculation and the adjusted impact fees in the office of the Village Clerk.
B. 
Appeal. Pursuant to § 66.0617(10), Wis. Stats., a developer upon whom an impact fee is imposed has the right to contest the amount, collection or use of the impact fee to the Village Board. The procedure for such appeal shall be as follows. All appeals which challenge the Village authority granted by this chapter, or the procedures for adoption of this chapter, or otherwise challenge the validity of this chapter, must be filed, in writing, with the Village Clerk within 90 days of the effective date of this chapter. All appeals which challenge the Village's actions in administering or enforcing this chapter must be filed, in writing, with the Village Clerk within 15 days of the date that the Village action that is to be appealed took place. In all cases, the appeal must be entitled "Notice of Appeal of Impact Fee" and shall state the developer's name, address, telephone number, address (if available) and legal description of the land development upon which the impact fee is imposed, and a statement of the nature of and reasons for the appeal. The Village Clerk or designee shall schedule the appeal for consideration by the Village Board at a regular or special meeting as soon as reasonably practicable under the circumstances and shall notify the developer of the time, date and place of such meeting, in writing, by regular mail, deposited in the mail no later than at least three days before the date of such meeting. Upon review of such appeal, the Village Board may adjust the amount, collection or use of the impact fee that applies to the appellant, upon just and reasonable cause shown.
[Amended 8-15-2013 by Ord. No. 2013-8-2]