Village of Woodville, WI Article IX Fees

§ 460-49 Administrative and other fees.

A. General. The subdivider shall pay the Village of Woodville all fees as hereinafter required and at the times specified before being entitled to recording of a plat or certified survey map. At the time of submission of a plat or certified survey, the Plan Commission, at its sole discretion, may require the subdivider to make a good faith deposit with the Clerk-Treasurer to cover, in all or part, the expenses anticipated to be incurred by the Village because of the land division. Unused portions of such fund may be refunded to the subdivider.

B. Engineering fee. The subdivider shall pay a fee equal to the actual cost to the Village for all engineering work incurred by the Village in connection with the plat or certified survey map, including inspections required by the Village pursuant to § 460-21C(2). The subdivider shall pay a fee equal to the actual cost to the Village for such engineering work and inspection as the Village Board and/or Village Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the Village or any other governmental authority. Engineering work shall include the preparation of construction plans and standard specifications and administration of the engineering work.

C. Administrative fee. The subdivider shall pay a fee to the Village equal to the cost of any legal, administrative or fiscal work which may be undertaken by the Village in connection with the plat or certified survey map.

D. Concept plan. There shall be no fee for the Village's review of a concept or sketch plan of a proposed land division. However, such reviews shall be conducted only as staff time permits.

E. Preliminary plat.[1]

(1) A subdivider who submits a preliminary plat for the Village Plan Commission and the Village Board shall file said preliminary plat with the Village Clerk-Treasurer and shall deposit with the Village Clerk-Treasurer a fee to cover the costs of reviewing said application. The fee for a preliminary plat shall be as set by the Village Board. If the plat is rejected, no part of the fee shall be returned to the petitioner.

(2) A reapplication fee as set by the Village Board shall be paid to the Village Clerk-Treasurer at the time of reapplication for approval or amendment of any preliminary plat which has previously been reviewed.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

F. Final plat review fee.[2]

(1) The subdivider shall pay a fee as set by the Village Board per lot within the final plat to the Village Clerk-Treasurer at the time of first application for final plat approval of said plat to assist in defraying the cost of review.

(2) A reapplication fee as set by the Village Board shall be paid to the Village Clerk-Treasurer at the time of a reapplication for approval or amendment of any final plat which has previously been reviewed.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. Certified survey.[3]

(1) The subdivider shall pay an application fee as set by the Village Board for each certified survey.

(2) Should the subdivider submit an amended or revised certified survey, the resubmittal fee shall be as set by the Village Board for each amended or revised certified survey.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

H. Objecting agency review fees. The subdivider shall transmit all fees required for state agency review to the Village Clerk-Treasurer at the time of application. Said review fees shall be retransmitted to the proper state review agency by the Village Clerk-Treasurer. Said fees shall be applicable, where appropriate, to review fees required by the Wisconsin Department of Safety and Professional Services (formerly the Department of Commerce), Wisconsin Department of Transportation, Wisconsin Department of Administration and the Wisconsin Department of Natural Resources.

I. Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the Village Clerk-Treasurer shall require a fee pursuant to § 460-48 for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.

J. Assessments. All outstanding assessments due to the Village shall be due prior to the signing of the final plat or certified survey by the Village.

K. Cost determination. The subdivider of land divisions within the Village shall reimburse the Village for its actual cost of design, inspection, testing, construction and associated legal and real estate fees incurred in connection with the preliminary plat, final plat, replat or certified survey. The Village's costs shall be determined as follows:

(1) The cost of Village employees' time engaged in any way with the land division based on the hourly rate paid to the employee multiplied by a factor determined by the Village Clerk-Treasurer to represent the Village's cost for expenses, benefits, insurance, sick leave, holidays, vacation and similar benefits.

(2) The cost of Village equipment employed.

(3) The cost of mileage reimbursed to Village employees which is attributed to the land division.

(4) The actual costs of Village materials incorporated into the work, including transportation costs plus a restocking and/or handling fee not to exceed 10% of the cost of the materials.

(5) All consultant fees, including but not limited to legal and engineering fees, at the invoiced amount plus administrative costs.

L. Billing. Unless the amount totals less than $50, the Village shall bill the subdivider monthly for expenses incurred by the Village. Statements outstanding for more than 30 days shall accrue interest at the rate of 1 1/2% per month. Bills outstanding for more than 90 days shall be forwarded to the subdivider's surety agency for payment. Amounts less than $50 shall be held for billing by the Village until amounts total more than $50 or until the conclusion of project activities.

§ 460-50 Impact fees.

[Added 4-12-2005[1]]

A. Intent. This section is enacted to establish the mechanism for the imposition of impact fees upon development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities that are necessary to accommodate such development. This section is intended to assure that development bears an appropriate share of the cost of capital expenditures necessary to provide such public facilities within the Village of Woodville and its service areas as are required to serve the needs arising out of development, as well as to comply with § 66.0617, Wis. Stats. As provided in § 66.0617(2)(b), Wis. Stats., the Village of Woodville, by adopting this section, is not intending to limit its authority to finance public facilities by any other means authorized by law, including, without limitation, the means authorized by § 236.13(2) and (2m), Wis. Stats., and this chapter and any other statutes or ordinances.

B. Definitions. In this section:

[Amended 9-12-2006[2]]

(1) All words shall have the same meanings as set forth in § 66.0617(1), Wis. Stats. As of the date of passage of this section, those terms and definitions are as follows:

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 municipality 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" does not include other noncapital costs to construct, expand or improve public facilities, vehicles; or the costs of equipment to construct, expand or improve public facilities.

DEVELOPER

A person that constructs or creates a land development.

IMPACT FEES

Cash contributions, contributions of land or interests in land or any other items of value that are imposed on a developer by a municipality under this section.

LAND DEVELOPMENT

The construction or modification of improvements to real property that creates additional residential dwelling units within a municipality or that results in nonresidential uses that create a need for new, expanded or improved public facilities within a municipality.

MUNICIPALITY

A city, village or town.

PUBLIC FACILITIES

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 water, 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.

SERVICE AREA

A geographic area delineated by a municipality within which there are public facilities.

SERVICE STANDARD

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 municipality.

(2) "Dwelling unit" shall mean a building or portion thereof with rooms arranged, designed, used or intended to be used for one family. Guesthouses with kitchen and bathroom facilities are considered dwelling units.

(3) The word "development" shall have the same meaning as the phrase "land development" defined above.

(4) "Residential equivalent unit (REU)" means a unit of measure for impact fees equivalent to one residential dwelling unit. For purposes of calculating the public water or sewer impact fee for residential development, one REU is equivalent to one dwelling unit. For purposes of calculating the public water or sewer impact fee for commercial or industrial development, one REU is considered equal to the basic meter size of 5/8 inch or 3/4 inch. For purposes of calculating the parks impact fee, one REU is equal to each separate dwelling unit. In all cases, the Village Clerk-Treasurer shall make the decision as to the application of these standards.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Establishment of impact fees. The following fees are impact fees established by the Village pursuant to § 66.0617, Wis. Stats.:

(1) Public water impact fee pursuant to Subsection J of this section.

(2) Public sewer impact fee pursuant to Subsection K of this section.

(3) Public parks impact fee pursuant to Subsection L of this section.

(4) Public transportation impact fee pursuant to Subsection M of this section.

(5) Public library impact fee pursuant to Subsection N of this section.

(6) Public buildings impact fee pursuant to Subsection O of this section.

D. Documentation. The following Village documents contain the needs assessments for the impact fees identified under Subsection C above, demonstrate Village compliance with the requirements of § 66.0617(3) and (4), Wis. Stats., and shall be kept on file and available for public inspection in the office of the Village Clerk-Treasurer:

(1) Impact Fee Needs Assessment prepared by Cedar Corporation.

(2) Village of Woodville Comprehensive Park, Trail and Open Space Plan prepared by Cedar Corporation.

(3) Impact Fees – Public Facilities Needs Assessment (updated February 2005).

E. Revenues. Revenues collected by the Village as impact fees shall be placed by the Village Clerk Treasurer in segregated interest-bearing accounts and shall be accounted for separately from other funds of the Village. Impact fee revenues and interest earned on impact fee revenues may be expended by the Village only for the capital costs for which the impact fees were imposed.

F. Time limit for expenditures.

[Amended 9-12-2006]

(1) Maximum time to use impact fees collected from the time of fee collection. The maximum time to use impact fees collected from the time of fee collection shall be pursuant to § 66.0617, Wis. Stats., or current state statute governing impact fees.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Extension of time to use impact fees. The maximum time period to use impact fees collected from the time of fee collection specified in Subsection F(1) of this section may be extended for an additional three years upon passage of a resolution by the Village Board which specifies extenuating circumstances or hardships which create the need for the additional three years.

(3) Refund of unused funds. Fees held by the Village under Subsection E above and not used within the time period specified herein shall be refunded, along with any interest that has accumulated, to the persons who are the owners of record, at the expiration of such time period, of the property upon which the impact fees were imposed.

G. Payment of impact fees.

[Amended 9-12-2006]

(1) Unless otherwise expressly provided herein, all required impact fees shall be paid in full before issuance of a building permit by the Village for any development to which the impact fee applies. Impact fee payments shall be assumed to be the responsibility of the owner of record at the time of application for building permit or the owner of record at the time of request for connection to public water system, whichever is applicable.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Any impact fee imposed due to installation of a larger water meter pursuant to the terms of this section, and in cases in which a building permit is not issued for such installation, shall be paid prior to installation of the larger meter.

H. Installment payments. The Village Board may authorize by resolution the payment of impact fees in installment payments. If installment payments are authorized, interest shall be paid on the installment payments at the same rate then charged by the Village on installment payments for special assessments.

I. Appeals.

(1) No appeal may be commenced pursuant to this section if any applicable impact fee or installment payment is delinquent. No impact fee payment obligation shall be suspended during the pendency of any appeal filed pursuant to this section.

(2) Pursuant to § 66.0617(10), Wis. Stats., the only issues upon which an impact fee appeal can be raised are the following:

(a) The amount of the impact fee imposed by the Village and paid by the developer.

(b) The method of collection of the impact fee.

(c) The purpose for which the Village expends impact fee funds.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Appeals must be brought within 30 days of the earlier of:

(a) The due date for payment of the applicable impact fee; or

(b) The due date of the first installment payment.

(4) The appellant shall pay a filing fee as set by the Village Board at the time of filing of the appeal. The notice of appeal shall be filed with the Village Clerk-Treasurer.[6]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5) Following the filing of the notice of appeal, the Village Clerk-Treasurer shall compile a record of the ordinance imposing the contested impact fee and a record of the management and expenditure of the impact fee. The Village Clerk-Treasurer shall transmit these documents to the Village Board. The Village Clerk-Treasurer shall also compile a report for each appeal in which the appellant is seeking a total or partial refund of the impact fee paid. This report shall specify the fiscal impact of a successful appeal on the Village of Woodville. The fiscal impact report shall estimate whether it will be necessary for the Village to adjust impact fees or amend existing ordinances if there is a successful appeal.

(6) The Village Board shall hold a public hearing on the appeal, preceded by a Class 1 notice, providing fair opportunity for the appellant to be heard. The burden shall be on the appellant to establish the illegality or impropriety of the impact fee at issue. Following the close of the public hearing, the Village Board shall deliberate upon the matter and shall conduct any studies and inquiries it deems appropriate to decide the appeal.

(7) If the Village Board determines that the appeal has merit, it shall determine appropriate remedies. These may include reallocation of the proceeds of the challenged impact fee to accomplish the purposes for which the fee was collected; refunding the impact fee in full or in part, along with interest collected by the Village thereon; granting the appellant the opportunity to make the impact fee payment in installments; or such other remedies as it deems appropriate in a particular case.

J. Public water impact fee.

(1) A public water impact fee is hereby imposed on all development in the Village of Woodville as specified by this section. The public water impact fee shall be imposed upon any development occurring on land subsequently annexed to the Village of Woodville as of the date of annexation of such land.

(2) The public water impact fee is hereby imposed for any current (as of the effective date of this section) or future development within the Village of Woodville. The public water impact fee shall also be imposed on any existing development in which additional residential dwelling units are created or in which a larger water meter is installed, whether such installation is due to a modification of the development or not. Any such public water impact fee due to a larger water meter shall be referred to in this section as a "larger meter fee" and shall be imposed based on the size of the new larger meter, subject to the credit described in Subsection J(7)(b) below.

(3) The public water impact fee shall be calculated as set forth in the Impact Fee Needs Assessment referenced in Subsection D of this section.

(4) The public water impact fee for residential development shall be $1,050 for each residential dwelling unit created by the development.

(5) The public water impact fee for commercial or industrial development shall be $1,050 per REU, based on the number of REUs applicable to the particular meter size as specified herein. The total public water impact fee for a particular commercial or industrial development shall be based on the size of the water meter installed to service the development according to the following table of meter equivalents:

	Meter Size (inches)	Number of REUs (referred to as "Equivalent Meter Conversion" in the Report)
	3/4 or 5/8	1
	1	2.5
	1.25	4
	1.5	5
	2	8
	3	15
	4	25
	6	50
	8 or larger	80

(6) The public water impact fee for a particular development shall be determined by multiplying the applicable public water impact fee specified in Subsection E above by the number of REUs as determined by reference to the table above.

(7) Public water impact fees may be reduced or eliminated as follows:

(a) Additions to existing buildings which do not involve the creation of additional dwelling units or the installation of additional or larger water meters shall not be assessed a public water impact fee.

(b) A larger meter impact fee shall be reduced by the amount of any previous impact fee paid for that same meter installation. In the case of installment payments, the reduction does not include any interest paid.

K. Public sewer impact fee.

(1) A public sewer impact fee is hereby imposed on all development in the Village of Woodville. The public sewer impact fee shall be imposed upon any development occurring on land subsequently annexed to the Village of Woodville as of the date of annexation of such land.

(2) The public sewer impact fee is hereby imposed for any current (as of the effective date of this section) or future development within the Village of Woodville.

(3) The public sewer impact fee shall also be imposed on any existing development in which additional dwelling units are created or in which a larger water meter in installed, whether such installation is due to a modification of the development or not. Any such public sewer impact fee due to a larger water meter shall be referred to in this section as a "larger meter fee" and shall be imposed based on the size of the new larger meter, subject to the credit described in Subsection K(8)(b) below.

(4) The public sewer impact fee imposed shall be calculated as set forth in the Impact Fee Needs Assessment referred to in Subsection D of this section.

(5) The public sewer impact fee for residential development shall be $2,530 for each residential dwelling created by the development.

(6) The public sewer impact fee for commercial or industrial development shall be $2,530 per REU, based on the number of REUs applicable to the particular meter size as specified herein. The total public sewer impact fee for a particular commercial or industrial development shall be based on the size of the water meter installed to service the development according to the following table of meter equivalents:

	Meter Size (inches)	Number of REUs
	3/4 or 5/8	1
	1	2.5
	1.25	3.7
	1.5	5
	2	8
	3	15
	4	25
	6	50
	8 or larger	80

(7) The public sewer impact fee for a particular development shall be determined by multiplying the applicable public sewer impact fee specified in Subsection E above by the number of REUs as determined by reference to the table above.

(8) Public sewer impact fees may be reduced or eliminated as follows:

(a) Additions to existing buildings which do not involve the creation of additional dwelling units or the installation of additional or larger water meters shall not be assessed a public water impact fee.

(b) A larger meter impact fee shall be reduced by the amount of any previous impact fee paid for that same meter installation. In the case of installment payments, the reduction does not include any interest paid.

L. Public parks impact fee.

(1) A public parks impact fee is hereby imposed on all residential development in the Village of Woodville. The public parks impact fee shall be imposed upon any residential development occurring on land subsequently annexed to the Village of Woodville as of the date of annexation of such land.

(2) The public parks impact fee is hereby imposed for any current (as of the effective date of this section) or future residential development within the Village of Woodville. The public parks impact fee shall also be imposed on any modification to an existing residential development that results in any additional dwelling units.

(3) The public parks impact fee imposed shall be calculated as set forth in the Impact Fee Needs Assessment referred to in Subsection D of this section.

(4) The public parks impact fee shall be $480 for each REU.

(5) The total public parks impact fee shall be based upon the number of dwelling units created by the development.

(6) The public parks impact fee shall be equal to the impact fee per REU as set forth in Subsection L(4) above, multiplied by the number of dwelling units in a development.

M. Public transportation impact fee.

(1) A public transportation impact fee is hereby imposed on all development in the Village of Woodville as specified by this section. The public transportation impact fee shall be imposed upon any development occurring on land subsequently annexed to the Village of Woodville as of the date of annexation of such land.

(2) The public transportation impact fee is hereby imposed for any current (as of the effective date of this section) or future development within the Village of Woodville. The public transportation impact fee shall also be imposed on any existing development in which additional residential dwelling units are created or in which a larger water meter is installed, whether such installation is due to a modification of the development or not. Any such public transportation impact fee due to a larger water meter shall be referred to in this section as a "larger meter fee" and shall be imposed based on the size of the new larger meter, subject to the credit described in Subsection M(7)(b) below.

(3) The public transportation impact fee shall be calculated as set forth in the Impact Fee Needs Assessment referenced in Subsection D of this section.

(4) The public transportation impact fee for residential development shall be $1,110 for each residential dwelling unit created by the development.

(5) The public transportation impact fee for commercial or industrial development shall be $1,110 per REU, based on the number of REUs applicable to the particular meter size as specified herein. The total public transportation impact fee for a particular commercial or industrial development shall be based on the size of the water meter installed to service the development according to the following table of meter equivalents:

	Meter Size (inches)	Number of REUs (referred to as "Equivalent Meter Conversion" in the Report)
	3/4 or 5/8	1
	1	2.5
	1.25	4
	1.5	5
	2	8
	3	15
	4	25
	6	50
	8 or larger	80

(6) The public transportation impact fee for a particular residential development shall be determined by multiplying the applicable public transportation impact fee specified in Subsection M(4) above by the number of dwelling units created by the development. The public transportation impact fee for a particular nonresidential development shall be determined by multiplying the applicable public transportation impact fee specified in Subsection M(5) above by the number of REU equivalency units created by the development as determined by reference to the table above.

(7) Public transportation impact fees may be reduced or eliminated as follows:

(a) Additions to existing buildings which do not involve the creation of additional dwelling units or the installation of additional or larger water meters shall not be assessed a public transportation impact fee.

(b) A larger meter impact fee shall be reduced by the amount of any previous transportation impact fee paid for that same meter installation. In the case of installment payments, the reduction does not include any interest paid.

N. Public library impact fee.

(1) A public library impact fee is hereby imposed on all residential development in the Village of Woodville. The public library impact fee shall be imposed upon any residential development occurring on land subsequently annexed to the Village of Woodville as of the date of annexation of such land.

(2) The public library impact fee is hereby imposed for any current (as of the effective date of this section) or future residential development within the Village of Woodville. The public library impact fee shall also be imposed on any modification to an existing residential development that results in any additional dwelling units.

(3) The public library impact fee imposed shall be calculated as set forth in the Impact Fee Needs Assessment referred to in Subsection D of this section.

(4) The public library impact fee shall be $300 for each REU.

(5) The total public library impact fee shall be based upon the number of dwelling units created by the development.

(6) The public library impact fee shall be equal to the impact fee per REU, as set forth in Subsection N(4) above, multiplied by the number of dwelling units created in a development.

O. Public buildings impact fee.

(1) A public buildings impact fee is hereby imposed on all development in the Village of Woodville. This impact fee shall fund the costs for expansion of municipal fire, ambulance, police and administrative buildings necessitated by new or expanded development. The public buildings impact fee shall be imposed upon any development occurring on land subsequently annexed to the Village of Woodville as of the date of annexation of such land.

(2) The public buildings impact fee is hereby imposed for any current (as of the effective date of this section) or future development within the Village of Woodville. The public buildings impact fee shall also be imposed on any existing development in which additional residential dwelling units are created or in which a larger water meter is installed, whether such installation is due to a modification of the development or not. Any such public buildings impact fee due to a larger water meter shall be referred to in this section as a "larger meter fee" and shall be imposed based on the size of the new larger meter, subject to the credit described in Subsection O(7)(b) below.

(3) The public buildings impact fee shall be calculated as set forth in the Impact Fee Needs Assessment referenced in Subsection D of this section.

(4) The public buildings impact fee for residential development shall be $450 for each residential dwelling unit created by the development.

(5) The public buildings impact fee for commercial or industrial development shall be $450 per REU, based on the number of REUs applicable to the particular meter size as specified herein. The total public buildings impact fee for a particular commercial or industrial development shall be based on the size of the water meter installed to service the development according to the following table of meter equivalents:

	Meter Size (inches)	Number of REUs (referred to as "Equivalent Meter Conversion" in the Report)
	3/4 or 5/8	1
	1	2.5
	1.25	4
	1.5	5
	2	8
	3	15
	4	25
	6	50
	8 or larger	80

(6) The public buildings impact fee for a particular residential development shall be determined by multiplying the applicable public buildings impact fee specified in Subsection O(4) above by the number of dwelling units created by the development. The public transportation impact fee for a particular nonresidential development shall be determined by multiplying the applicable public buildings impact fee specified in Subsection O(5) above by the number of REU equivalency units created by the development as determined by reference to the table above.

(7) Public buildings impact fees may be reduced or eliminated as follows:

(a) Additions to existing buildings which do not involve the creation of additional dwelling units or the installation of additional or larger water meters shall not be assessed a public buildings impact fee.

(b) A larger meter impact fee shall be reduced by the amount of any previous public buildings impact fee paid for that same meter installation. In the case of installment payments, the reduction does not include any interest paid.

P. Reduction or waiver of impact fee.

(1) Reduction. The Village Board may, at its sole discretion, agree to lessen the amount of the impact fee imposed on a specific development to accommodate the construction of state- or federal-funded low- or moderate-income housing within the Village.

(2) Waiver. The Village Board may, at its sole discretion, agree to waive or reduce the amount of the impact fee imposed on a specific development on a case-by-case basis where imposition of the fee would be grossly unfair or unjust under the circumstances. A request for waiver or reduction pursuant to this subsection must be filed in writing with the Village Clerk-Treasurer stating in detail the basis or justification for such request.

[1] Editor's Note: Section III of this ordinance provided as follows: "This ordinance shall take effect as of June 1, 2005. Applicants for building permit who have submitted a complete application on or before May 31, 2005, and who have paid the applicable building permit fee on or before June 15, 2005, shall pay the impact fee which would have been due on May 31, 2005."