Based on the findings and purpose of the transportation assessment
replacement fee outlined above, there is created a charge for the
purpose of providing funds for the maintenance of local streets and
related facilities under the jurisdiction of the Village of Kimberly.
The Village shall maintain all accepted local streets within
Village rights-of-way and easements. The Village may improve other
accepted local streets, bicycle and pedestrian facilities, and intersections
with county roads or state highways within or adjacent to the Village.
Local streets to be improved exclude private streets and streets or
any other facilities not yet accepted by the Village for maintenance.
In addition, the cost of initial construction of local streets within
Village rights-of-way in new subdivisions constructed after the effective
date of this chapter or subject to a developer's agreement approved
by the Board shall not be funded by the TARF.
For the purpose of this chapter, the definitions listed at §
425-3 shall apply to this chapter, unless modified in this section; words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense; the word "shall" is mandatory and not discretionary; the word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary:
DEVELOPED AREA UNIT (DAU)
The statistical average horizontal impervious area of "single-family homes" (single-family and mobile homes) within the Village on the date of adoption of Code §
425-3 (May 16, 2005). The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways and sidewalks.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
Areas that have been paved, covered or compacted to inhibit
the natural infiltration of water into the soil or cause water to
run off the area in greater quantities or at an increased rate of
flow from the present under natural conditions as undeveloped property.
Such areas may include, but are not limited to, roofs, roof extensions,
patios, porches, driveways, sidewalks, pavement, gravel, athletic
courts and compacted surfaces. Excluded from this definition are undisturbed
land, lawns and fields.
The TARF may be appealed as follows:
A. A written appeal shall be filed with the Village Clerk prior to the
charge due date; or
B. Within 30 days of payment, a written challenge to the charge must
be filed with the Village Clerk on behalf of the customer, specifying
all bases for the challenge and the amount of the charge the customer
asserts is appropriate. Failure to file a challenge within 30 days
of payment waives all rights to later challenge the charge.
C. The Village Board of Trustees is assigned responsibility for hearing
appeals under this chapter and shall determine whether the charge
is fair and reasonable, or whether a refund is due the customer. The
Board may act with or without a hearing, and will inform the customer
in writing of its decision.
D. If the Board determines that a refund is due, the refund will be
applied as a credit on the customer's next quarterly billing
or will be refunded at the discretion of the Finance Manager.
The Board of Trustees finds that these charges may be levied
on property as a special charge pursuant to Wis. Stats. § 66.0627,
in addition to any other method for collection of the charges established
pursuant to this chapter for the TARF. The charges established hereunder
reasonably reflect the benefits conferred on property and may be assessed
as special charges. The mailing of the bill for such charges to the
owner will serve as notice to the owner that failure to pay the charges
when due may result in them being charged pursuant to the authority
of Wis. Stats. § 66.0627. In addition, the Village may provide
notice each October of any unpaid charges for the TARF, which charges,
if not paid by November 15, may be placed upon the tax roll under
Wis. Stats. § 66.0627. A penalty of 10% will be added to
the delinquent balance when it is placed on the tax roll.
The fees paid and collected pursuant to this chapter shall not
be used for general or other governmental proprietary purposes of
the Village, except to pay for the equitable share of the cost of
replacement and reconstruction of the street network and related facilities
for which the Village has maintenance responsibility.
The Board of Trustees may, by resolution, exempt any class of
user when they determine that the public interest deems it necessary
and that the contribution to street use by said class is insignificant.
Exemptions may be determined annually through Board action by resolution.