[HISTORY: Adopted by the Village Board of the Village of
Sherwood 5-9-2005 by Ord. No. 05-90. Amendments noted where applicable.]
This chapter is adopted pursuant to authority conferred by § 66.0617,
Wis. Stats.
Continued growth and land development within the Village creates
a need to construct, expand and improve public facilities. These public
facilities must be constructed, expanded and improved when threshold
population levels are reached or threshold territorial areas are developed
resulting in the existing population financing and subsidizing a significant
portion of the capital costs of the construction, expansion and improvement
of public facilities through increases in general property taxes or
utility rates. The Village Board finds that impact fees authorized
to be imposed on new development constitute an important alternative
source of revenue that provides a direct and equitable means of financing
the capital costs of constructing, expanding and improving the Village
of Sherwood public facilities necessitated by future land development
in the Village of Sherwood.
As used in this chapter, the following terms shall have the
meanings indicated:
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 demonstrates 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" does not include other noncapital
costs to construct, expand or improve public facilities or the costs
of equipment to construct, expand or improve public facilities.
A person that constructs or creates a land development.
Cash contributions, contributions of land or any other items
of value that are imposed on a developer by the Village under this
chapter.
The construction or modification or improvement 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.
A parcel of land used or set aside and available for use
as the site of one or more buildings and buildings accessory thereto
or for any other purpose, in one ownership and not divided by a street
nor including any land within the limits of a public or private street
right-of-way. The term "record lot" or "lot of record" shall mean
land designated as a distinct and separate parcel on a deed, certified
survey or plat recorded with the Calumet County Register of Deeds
office prior to the effective date of this chapter.
Highways, as defined in § 340.01(22), Wis. Stats.,
and other transportation facilities, traffic control devices, facilities
for collecting and treating sewage, facilities for collecting and
treating stormwater and surface waters, facilities for pumping, storing,
and distributing water, parks, playgrounds, and land for athletic
fields, solid waste and recycling facilities, fire-protection facilities,
law enforcement facilities, emergency medical facilities and libraries.
"Public facilities" does not include facilities owned by a school
district.
Notwithstanding Subsection A of this definition, with regard to impact fees that were first imposed before June 14, 2006, "public facilities" includes other recreational facilities that were substantially completed by June 14, 2006. This subsection does not apply on or after January 1, 2018.
A study including but not limited to the following:
An inventory of existing public facilities, including an identification
of any existing deficiencies in the quantity or quality of those public
facilities, for which an impact fee is imposed.
An identification of new public facilities, or improvements
and expansions of existing public facilities, that will be required
because of land development for which an impact fee is imposed. This
identification shall be based on explicitly identified service area
and service standards.
A detailed estimate of the capital costs of providing the new public facilities or the improvements or expansions in existing public facilities identified in Subsection B, including an estimate of the effect of recovering these capital costs through impact fees on the availability of affordable housing within the Village.
The Village of Sherwood, Calumet County, Wisconsin.
A certain quantity or quality of public facilities relative
to a certain number of persons, parcels of land or other appropriate
measure, as specified by the Village.
The Village of Sherwood, Calumet County, Wisconsin.
[Amended 8-10-2015 by Ord. No. 2015-123; 10-25-2021 by Ord. No. 2021-01]
The following standards apply to impact fees established and
imposed by this chapter. Impact fees:
A.
Shall bear a rational relationship to the need for new, expanded
or improved public facilities that are required to serve land development.
B.
May not
include amounts for an increase in service capacity greater than the
capacity necessary to serve the development for which the fee is imposed.
C.
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 Village.
D.
Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded or improved public facilities.
E.
Shall be reduced to compensate for other capital costs imposed by
the Village 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 or any other
items of value.
F.
Shall 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 are imposed.
G.
May not include amounts necessary to address existing deficiencies
in public facilities.
H.
May not
include expenses for operation and maintenance of a public facility.
I.
Except as provided under § 66.0617(6)(g) Wis. Stats., shall
be payable by the developer or the property owner to the Village in
full upon the issuance of a building permit by the Village.
[Amended 10-25-2021 by Ord. No. 2021-01]
Revenues for impact fees shall be placed in a segregated interest-bearing
account and shall be accounted for separately from other funds of
the Village. The Village shall keep an account of all impact fees
paid by date, payer, tax parcel number and amount. Impact fee revenues
and interest earned on impact fee revenues may be expended only for
capital costs for which the impact fees are imposed.
[Amended 8-10-2015 by Ord. No. 2015-123]
Impact fees that are imposed and collected by the Village but
are not used shall be refunded in accordance with § 66.0617(9),
Wis. Stats.
[Amended 10-25-2021 by Ord. No. 2021-01]
A.
Public facilities needs assessment. The schedule of impact fees below
is based upon the Public Facilities Needs Assessment for the Village
of Sherwood Water and Wastewater System dated February 11, 2005, and
adopted by the Village Board by Resolution No. 05-03, dated February
28, 2005 and the Public Facilities Needs Assessment and Park Impact
Fee Study prepared for the Village of Sherwood, dated January 2021,
and adopted by the Village Board by Resolution No. 2021-01, dated
February 22, 2021.
B.
Schedule of fees. There is hereby established a water system impact
fee and wastewater system impact fee for land development in the Village
of Sherwood to finance the capital costs for construction of new,
expanded or improved water and wastewater public improvements as follows:
|
Water Meter Size
(inches)
|
Percent Increase from 5/8" Meter
|
Impact Fee
|
Total Impact Fee
|
Total Fees
| ||
|---|---|---|---|---|---|---|
|
Water
|
Sewer
| |||||
|
5/8
|
—
|
$2,500
|
$1,500
|
$4,000
|
$4,000
| |
|
3/4
|
1.0%
|
$2,500
|
$1,500
|
$4,000
|
$4,000
| |
|
1
|
1.4%
|
$3,500
|
$2,100
|
$5,600
|
$5,600
| |
|
1 1/4
|
1.9%
|
$4,750
|
$2,850
|
$7,600
|
$7,600
| |
|
1 1/2
|
2.5%
|
$6,250
|
$3,750
|
$10,000
|
$10,000
| |
|
2
|
3.3%
|
$8,250
|
$4,950
|
$13,200
|
$13,200
| |
|
3
|
4.3%
|
$10,750
|
$6,450
|
$17,200
|
$17,200
| |
C.
Modification of fees.
(1)
Industrial and commercial wastewater. Industrial or commercial land
development that discharges effluent stronger than domestic effluent
requiring extraordinary improvements shall pay the greater of the
fee above or the actual cost of the extraordinary improvements.
(2)
Low-cost housing. The Village Board may, in its discretion, by resolution,
provide for an exemption from or reduction in the impact fee above.
D.
Relationship to other assessments and fees. The above impact fee shall be in addition to the Village sewer connection fee to contribute to existing capital improvements established by Chapter 15, Sewer Utility, Article II, Access/Connection Fee, adopted on July 13, 1993; the water user fee for operation and maintenance of existing wastewater facilities established by Chapter 14, Water Utility, Article I, Water and Sewer Utility Regulations and Rate Structure, adopted on March 10, 1998; the wastewater user fee for operation and maintenance of existing wastewater facilities established by Chapter 15, Sewer Utility, Article I, Sewer Use and Sewer Service Charge, adopted on March 10, 1998; any special assessments for water and sewer mains; and requirements for owners, land dividers or subdividers to install or pay for the installation of public improvements in such land divisions or subdivisions as a condition of certified survey map, plat or site plan approval.
E.
Schedule
of park impact fees.
(1)
There
is hereby established a park impact fee for land development in the
Village of Sherwood to fund the capital costs for construction of
new, expanded, or improved parks, playgrounds, and land for athletic
facilities as follows:
|
Type of Residential Unit
|
Fee per Dwelling Unit
| |||
|---|---|---|---|---|
|
Studio or one-bedroom multifamily unit
|
$722
| |||
|
Two-bedroom multifamily unit
|
$1,083
| |||
|
Three-bedroom multifamily unit or single-family dwelling
|
$1,444
| |||
(2)
Land development that has previously dedicated land for parks or paid fees-in-lieu under Chapter 24 shall be exempt from all or a portion of park impact fees.
(3)
The
park impact fee shall automatically increase effective each January
1 by a percentage equal to the percentage increase in the Consumer
Price Index for All Urban Consumers, Midwest Region (CPI-U) over the
most recent twelve-month period, unless the City, by resolution, limits
the fee increase to a lesser percentage rate.
F.
Collection of impact fees.
(1)
Single-family development. The water system and wastewater impact fee shall be collected from the developer for each meter upon the issuance of a building permit. Except as provided in Subsection E(2) above, the park impact fee shall be collected for each dwelling unit upon the issuance of a building permit.
(2)
Two-family and multifamily development. The water system and wastewater system impact fee shall be collected from the developer for each meter, regardless of the number of service connections, upon the issuance of a building permit. Except as provided in Subsection E(2) above, the park impact fee shall be collected for each dwelling unit upon the issuance of a building permit for the building based on the number and size of units in the building.
(3)
Commercial and industrial development. The water system and wastewater
system impact fee shall be collected from the developer for each meter
upon the issuance of a zoning permit or building permit.
[Amended 10-25-2021 by Ord. No. 2021-01]
A.
Periodic review. The Village Board shall cause the public facilities needs assessments for all impact fees to be reviewed and updated at least once every three years. If the updated needs assessment indicates that an impact fee should be reduced or rescinded, the Village shall amend this chapter to reduce or rescind the fee. If the updated needs assessment indicates that the fee may be increased, the Village Board may amend this chapter to increase the impact fee. All amendments to this chapter shall be made in accordance with Subsection B of this section and § 66.0617 Wis. Stats.
B.
Amendments to chapter. The Village Board may amend this chapter.
The Village Board shall hold a public hearing. Notice of the public
hearing shall be published as a Class 1 notice under Ch. 985, Wis.
Stats., and shall specify where a copy of this chapter and amendment
and the public facilities needs assessment may be obtained. The public
facilities needs assessment or revised public facilities needs assessment
shall be available for public inspection and copying at the Village
Clerk-Treasurer's office at least 20 days before the public hearing.
