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Village of Darien, WI
Walworth County
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Table of Contents
Table of Contents
[Prior code § 13.06(A); amended by Ord. 216, 2002]
There are no geographically defined zones.
[Prior code § 13.06(B); amended by Ord. 216, 2002]
In accordance with Chapter 66.0617 of the Wis. State Statutes, the Village does adopt the following standards for impact fees:
A. 
Shall bear a rational relationship to the need for new, expanded or proved public facilities that are required to serve land development;
B. 
May not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the political subdivision;
C. 
Shall be based upon actual capital costs or reasonable estimates of capital costs for new, expanded or improved public facilities;
D. 
Shall be reduced to compensate for other capital costs imposed by the political subdivision with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications or fees in lieu of land dedications under Chapter 236, Wis. Stats., or any other items of value;
E. 
Shall be reduced to compensate for moneys received from the federal or state government specifically to provide to pay for public facilities for which the impact fees are imposed;
F. 
May not include amounts necessary to address existing deficiencies in public facilities;
G. 
Shall be payable by the developer to the political subdivision, either in full or install payments that are approved by the political subdivision, before a building permit may be issued or other required approval may be given by the political subdivision;
H. 
Water impact fees shall be determined upon a residential equivalent (REU) basis with a single-family residence being a unit of one. The number of REUs for all properties shall be assigned in accordance with the schedule contained in Exhibit A, set out at the end of this section.
I. 
In the case of expansion of an existing structure, the impact fees shall be based on the proportionate increase in use of the facilities. For water facilities this shall normally be determined by the relative increase in the number of REUs determined according to Subsection H of this section and Exhibit A, set out at the end of this section. In cases where the Village Board determines that the increase in REUs is due to the addition of meters not needed for capacity purposes, but rather due to the convenience of the property owner, the board shall estimate the proportionate increase in use based on the best information available to it and shall recalculate the impact fee after two years of increased usage.
Exhibit A
Water Meter Size
(inches)
Unit Value
Determination
5/8
1.0
REU
3/4
1.0
REU
1
2.5
REUs
1 1/4
3.5
REUs
1 1/2
5.0
REUs
2
8.0
REUs
2 1/2
12.5
REUs
3
15.0
REUs
4
25.0
REUs
6
50.0
REUs
8
80.0
REUs
10
120.0
REUs
12
160.0
REUs
[Prior code § 13.06(C); amended by Ord. 216, 2002]
Based on the foregoing zones and standards, the water impact fees is adopted in the following amount:
Public Water Facility Impact Fee of $1,300 per REU. This fee is to be adjusted annually based on the actual cost of the improvements or updated estimates thereof.
[Prior code § 13.06(D); amended by Ord. 216, 2002]
Impact fees shall become due and payable upon issuance of a building permit or the issuance of other required Village permits.
[Prior code § 13.06(E); amended by Ord. 216, 2002]
No exemption or a reduction in the amount of the impact fee shall be made on land development that provides for low-cost housing.
[Prior code § 13.06(F); amended by Ord. 216, 2002]
There is established an impact fee fund. Revenues from the fund shall be placed in a segregated, interest bearing account and shall be accounted for separately from all other funds of the Village. Revenues from the fund, including impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fees were imposed.
[Prior code § 13.06(G); amended by Ord. 216, 2002]
Impact fees that are imposed and collected by the Village but not used within a reasonable time period after which they are collected, shall be refunded to the current owner of property with respect to which the impact fees were imposed. The Village determines that a reasonable time period for improvements shall be considered as 20 years.
[Prior code § 13.06(H); amended by Ord. 216, 2002]
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 appeal process shall be as follows:
A. 
Any developer appealing the amount, collection or use of the impact fee shall submit a letter to the Village Clerk describing the nature of the appeal and providing supporting documentation.
B. 
The Clerk will present the appeal to the finance committee for recommendation to the Village Board. The Clerk shall notify the developer of the time and place of the finance committee meeting at which time the developer shall be given the opportunity to present additional information in support of the appeal.