Village of Pleasant Prairie, WI
Kenosha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 6-20-2005 by Ord. No. 05-25. Amendments noted where applicable.]
GENERAL REFERENCES
Land division and development control — See Ch. 395.
Zoning Ordinance — See Ch. 420.

§ 181-1 Short title.

This chapter shall be known and may be cited as the "Village Impact Fee Ordinance."

§ 181-2 Purpose.

Consistent with Wis. Stats. § 66.0617, the purpose of this chapter is to establish the mechanism for the imposition of impact fees upon new development to finance the capital costs of acquiring, establishing, upgrading, expanding and constructing public facilities which are necessary to accommodate the new development. This chapter is intended to ensure that new development bears an appropriate share of the cost of capital expenditures necessary to provide public facilities within the Village and its service areas.

§ 181-3 Intent.

This chapter is intended to impose impact fees in order to finance new facilities, the demand for which is generated by new development. The Village is responsible for and will meet, through the use of general Village revenues, all capital improvement needs associated with existing development. Only needs created by new development will be met by impact fees. Impact fees shall be spent on new or enlarged capital facilities improvements required by new developments that pay the fees.

§ 181-4 Authority.

Authority for this chapter is provided by Wis. Stats. § 66.0617. The provisions of this chapter shall not be construed to limit the power of the Village to adopt any ordinance or fee pursuant to any other source of local authority or to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in lieu of or in conjunction with this chapter.

§ 181-5 Applicability; effective date.

This chapter shall be uniformly applicable to all new development that occurs within the Village. The effective date of this chapter shall be August 1, 2005. Any building permit application filed on or after August 1, 2005, will be liable for impact fees imposed under this chapter.

§ 181-6 Definitions.

As used in this chapter, the following words and terms shall have the following meanings, unless the context indicates another meaning is clearly intended:
BUILDING PERMIT
The permit required for new construction and additions pursuant to Pleasant Prairie Municipal Code. However, the term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in the number of dwelling units resulting therefrom.
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.
DEVELOPMENT
The construction or modification of improvements to real property that requires issuance of a building permit and either creates additional residential dwelling units within the Village or its service areas or that result in new nonresidential uses, either of which create a need for new, expanded or improved public facilities within the Village or its service areas.
IMPACT FEE
Any charge, fee or assessment levied pursuant to this chapter to be collected at the time of issuance of a building permit.
NEEDS ASSESSMENT
The needs assessment prepared by Virchow, Krause & Company, LLP, and approved by the Village Board following public hearing on June 20, 2005, which identified the public facility costs for the purpose of calculating impact fees as defined by Wis. Stats. § 66.0617. The adopted needs assessment is on file with the Village Clerk.
RESIDENTIAL DEVELOPMENT
Any development approved by the Village for residential use.
RESIDENTIAL DWELLING UNIT or RDU (A.K.A. REU)
A single-family residence or a separate living area within a multiunit residential apartment or condominium building. It shall not include a separate residential living area in a mixed-use commercial/residential building. RDUs for multiunit residential buildings generally consists of a combination of bedroom(s), bathroom(s), kitchen(s) and/or living area for the purpose of providing a separate and distinct living space, or as otherwise may reasonably be designated as separate by the Village. (Examples: a single-family home shall count as 1 RDU, a duplex or side-by-side townhouse shall count as 2 RDUs, an eight-unit condominium building shall count as 8 RDUs, a four-unit apartment building shall count as 4 RDUs). Mixed-use commercial/residential buildings shall be assessed an impact fee based on assessed valuation like other nonresidential development.
SERVICE AREA
A geographic area determined by the Village Board within which the Village provides public facilities.
SUBDIVISION
A plat, certified survey map or other method used to divide a parcel of property into two or more separate parcels or lots.

§ 181-7 Requirement for payment of impact fee.

A. 
General requirement. Any person who creates a new development in the Village shall be required to pay an impact fee as further set forth in this chapter.
B. 
Uniform application; discretion; affordable housing.
(1) 
Impact fees shall be assessed in such a manner that any new development having the same impacts on capital facilities shall be assessed the same impact fee.
(2) 
Subsection B(1) above notwithstanding, the Village Board may waive or reduce the impact fee required to be assessed against a new development if that development promotes other policies established by the Village Board from time to time, including, but not limited to, the provision of affordable housing. However, no amount of the impact fee for which the waiver or reduction is provided may be shifted to any other portion of the development in which the waiver or reduction has been granted, nor may it be shifted to any other land development in the political subdivision.

§ 181-8 Imposition of impact fee.

A. 
Amount and calculation.
[Amended 7-5-2006 by Ord. No. 06-32]
(1) 
The impact fee for residential development shall be $1,490 per residential dwelling unit (“RDU”) until amended by the Village Board; provided, however, that no such amendment shall exceed $1,490 (as adjusted for inflation) unless a new needs assessment is prepared as provided in Wis. Stat. § 66.0617. A developer shall be charged an impact fee for the maximum number of RDUs that could exist in the subdivision.
(2) 
The impact fee for nonresidential development shall be $1.94 per $1,000 of estimated valuation until amended by the Village Board; provided, however, that no such amendment shall exceed $1.94 (as adjusted for inflation) unless a new needs assessment is prepared as provided in Wis. Stat. § 66.0617. For purposes of this subsection, estimated valuation shall be value at the time of application for a building permit as determined by the Village Assessor, using the Village’s current copy of the Marshall & Swift Commercial Estimator cost estimation software. The estimated value shall be determined by the Village Assessor based on the final building plans and specifications.
B. 
Payment due. The total impact fee assessment for residential and nonresidential developments shall become due and payable in full within 14 days of the issuance of a building permit.
C. 
Annual review. The Village may annually review the impact fee and make such modifications as are deemed necessary as a result of: development occurring in the prior year; capital improvements actually constructed; changing facility needs; inflation; revised cost estimates for capital improvements; changes in the availability of other funding sources applicable to public facility projects; and such other factors as may be relevant.
D. 
Segregated account. Upon receipt of impact fees, the funds shall be placed into a separate impact fee account. At the discretion of the Village, multiple impact fee accounts may be maintained for separate and distinct development or capital improvements projects. All such accounts shall be interest-bearing accounts and be held in a bank authorized to receive deposits of Village funds. Interest earned shall be credited to that account and shall be used solely for the purposes specified for such funds. The Village shall maintain and keep accurate financial records for the account, including the source and disbursement of all revenues.

§ 181-9 Bonding of facility projects.

The Village may issue bonds, revenue certificates and other obligations of indebtedness in such manner and subject to such limitations as may be provided by law in furtherance of the provision of capital improvement projects. Funds pledged toward retirement of bonds, revenue certificates or other obligations of indebtedness for such projects may include impact fees and other Village revenues as may be allowed by the Board. Impact fees paid pursuant to this section, however, shall be restricted to use solely and exclusively for financing directly or as a pledge against bonds, revenue certificates and other obligations of indebtedness for the cost of capital improvements as specified herein.

§ 181-10 Refunds.

A. 
Refund requirement: reasonable time. Impact fees imposed and collected but not used within seven years after collection to pay the capital costs for which they were imposed shall be refunded on a prorated proportional basis as determined by the Village Board, to the current record owner(s) of property on which the impact fee was originally imposed. The seven-year time limit for using impact fees may be extended for three years if the Village adopts a resolution stating that due to extenuating circumstances a hardship in meeting the seven-year limit exists and it needs an additional three years to use the impact fees collected.
[Amended 7-5-2005 by Ord. No. 32]
B. 
Refund petition. The applicable owner(s) of record may apply for a refund of all or part of such fee as follows:
(1) 
A petition for refund must be filed within one year of the event giving rise to the right to claim a refund.
(2) 
The petition for refund must be submitted in writing to the Village Administrator or his or her duly designated agent. The petition shall set forth the basis for petitioner's request for the refund.
(3) 
Within one month of the date of receipt of a petition for refund, the Village Administrator or his or her duly designated agent must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Village Administrator or his or her duly designated agent shall request that a refund payment be made to petitioner.
(4) 
Petitioner may appeal the determination of the Village Administrator to the Village Board.

§ 181-11 Appeals.

Payment of an impact fee imposed under this chapter may be appealed to the Village Board as set forth below.
A. 
The applicant seeking appeal must file a written notice of appeal with the Village Board within thirty (30) days following either: the denial of execution of a final plat, certified survey map or other subdivision; denial of issuance of a building permit; denial of a refund; or date the impact fee was due, whichever is applicable, and in the event of a conflict the earliest date applicable.
B. 
The notice of appeal shall state the applicant's name, address, telephone number, address, legal description of the applicable lot or parcel and a statement of the nature of and reasons for the appeal. In the event payment of an impact fee is being appealed, the notice of appeal shall be accompanied by full payment of the impact fee if such payment has not already been provided to the Village.
C. 
The Village Clerk shall schedule the appeal for consideration by the Village Board at a regular or special meeting no later than 60 days from receipt of the notice of appeal. The Village Clerk shall notify the applicant of the date, time and location of the meeting in writing, by regular mail, no less than three (3) days before the date of such meeting.
D. 
Upon review of the appeal, the Village Board may adjust the amount, collection, refund or use of the impact fee upon just and reasonable cause shown and in a manner consistent with the terms of this chapter. Approval, denial or modification of the appeal request may be made by regular motion of the Board. The decision of Board shall be a final administrative determination.
E. 
No impact fee payment shall be suspended or stayed during the pendency of any appeal filed pursuant to this section.

§ 181-12 Effect of impact fee on zoning and subdivision regulations.

This chapter shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements or any other aspect of the development of land or provision of capital improvements subject to the zoning and subdivision regulations or other regulations of the Village, which shall be operative and remain in full force and effect without limitation with respect to all such development.

§ 181-13 Impact fee as additional and supplemental requirement.

The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the Village on the development of land or the issuance of building permits. It is intended to be consistent with and to further the objectives and policies of the Master Plan or Comprehensive Plan, the capital improvements plan and other Village policies, ordinances and resolutions by which the Village seeks to ensure the provision of public facilities in conjunction with the development of land. In no event shall a property owner be obligated to pay for capital improvements in an amount in excess of the amount calculated pursuant to this chapter; provided, however, that a property owner may be required to pay, pursuant to Village ordinances, regulations or policies, for other capital improvements in addition to the impact fee for capital improvements as specified in this section.

§ 181-14 Liberal construction; severability.

The provisions of this chapter are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience of the Village and it shall be liberally construed to effectively carry out its purposes. If any subsection, phrase, sentence or other portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent, and such holding shall not affect the validity of the remaining portions thereof.