City of Prescott, WI
Pierce County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Prescott as Title 3, Ch. 5, of the former City Code. Amendments noted where applicable.]
GENERAL REFERENCES
Special assessments — See Ch. 15.
Sewers — See Ch. 470.
Streets and sidewalks — See Ch. 506.
Subdivision of land — See Ch. 510.
Water — See Ch. 563.

§ 352-1 Intent.

This chapter 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 chapter is intended to assure that development bears an appropriate share of the cost of capital expenditures necessary to provide such public facilities within the City of Prescott 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 City of Prescott, by adopting this chapter, 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 Chapter 510, Subdivision of Land, of this Code, and any other statutes or ordinances.

§ 352-2 Definitions.

A. 
In this chapter, all words shall have the same meanings as set forth in § 66.0617(1), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The word "development" shall have the same meaning as the phrase "land development" defined in § 66.0617(1), Wis. Stats.
C. 
"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 City Clerk shall make the decision as to the application of these standards.

§ 352-3 Establishment of impact fees.

The following fees are impact fees established by the City pursuant to § 66.0617, Wis. Stats.:
A. 
Public water impact fees pursuant to § 352-10 of this chapter.
B. 
Public streets impact fees pursuant to § 352-11 of this chapter.
C. 
Public park impact fees pursuant to § 352-12 of this chapter.
D. 
Public buildings impact fees pursuant to § 352-13 of this chapter.

§ 352-4 Documentation.

The following City documents contain the needs assessments for the impact fees identified under § 352-3 above, demonstrate City 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 City Clerk:
A. 
Impact Fee Needs Assessment prepared by Cedar Corporation; and
B. 
City of Prescott Comprehensive Master Plan, prepared by Citizens of Prescott.

§ 352-5 Revenues.

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

§ 352-6 Time limit for expenditures.

[Amended 8-9-2010 by Ord. No. 12-10]
Maximum time to use impact fees collected from the time of fee collection:
A. 
An impact fee that was collected before January 1, 2003, must be used for that purpose for which it was imposed not later than December 31, 2012. Any such fee that is not used by that date shall be refunded to the current owner of the property with respect to which the impact fee was imposed, along with any interest that has accumulated.
B. 
An impact fee that was collected after December 31, 2002, and before April 11, 2006, must be used for the purpose for which it was imposed not later than the first day of the 120th month beginning after the date on which the fee was collected. Any such fee that is not used by that date shall be refunded to the current property owner with respect to which the impact fee was imposed, along with any interest that has accumulated.
C. 
With regard to an impact fee that is collected after April 10, 2006, and that is collected within seven years after the effective date of the ordinance, such impact fee must be used for that purpose for which it was imposed within 10 years after the effective date of the ordinance. Any such fee that is not used by that date shall be refunded to the current owner of the property with respect to which the impact fee was imposed, along with any interest that has accumulated.
D. 
With regard to an impact fee that is collected after April 10, 2006, and that is collected more than seven years after the effective date of the ordinance, such impact fees shall be used within a reasonable period of time after they are collected to pay the capital costs for which they were imposed, or they shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated.

§ 352-7 Payment of impact fees.

A. 
Unless otherwise expressly provided herein, all required impact fees shall be paid in full before issuance of a building permit by the City for any development to which the impact fee applies.
B. 
Any impact fee imposed due to installation of a larger meter pursuant to § 352-10B shall be paid prior to installation of the larger meter.

§ 352-8 Installment payments.

The Common Council 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 City on installment payments for special assessments.

§ 352-9 Appeals.

A. 
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.
B. 
Pursuant to § 66.0617(10), Wis. Stats., the only issues upon which an impact fee appeal can be raised are the following:
(1) 
The amount of the impact fee imposed by the City and paid by the developer;
(2) 
The method of collection of the impact fee;
(3) 
The purpose for which impact the City expends fee funds.
C. 
Appeals must be brought within 30 days of the earlier of:
(1) 
The due date for payment of the applicable impact fee; or
(2) 
The due date of the first installment payment.
D. 
The appellant shall pay a filing fee as prescribed in the City's fee schedule at the time of filing of the appeal. The notice of appeal shall be filed with the City Clerk.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Following the filing of the notice of appeal, the City Clerk shall compile a record of the ordinance imposing the contested impact fee and a record of the management and expenditures of the impact fee. The City Clerk shall transmit these documents to the Common Council. The City Clerk 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 City of Prescott. The fiscal impact report shall estimate whether it will be necessary for the City to adjust impact fees or amend existing ordinances if there is a successful appeal.
F. 
The Common Council 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 illegality or impropriety of the impact fee at issue. Following the close of the public hearing, the Common Council shall deliberate upon the matter and shall conduct any studies and inquiries it deems appropriate to decide the appeal.
G. 
If the Common Council 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 City 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.

§ 352-10 Public water impact fee.

A. 
A public water impact fee is hereby imposed on all development in the City of Prescott as specified by this chapter. The public water impact fee shall be imposed upon any development occurring on land subsequently annexed to the City of Prescott as of the date of annexation of such land.
B. 
The public water impact fee is hereby imposed for any current (as of the effective date of this chapter) or future development within the City of Prescott. 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 chapter 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 G(2) below.
C. 
The public water impact fee shall be calculated as set forth in the impact fee needs assessment referenced in § 352-4 of this chapter.
D. 
The public water impact fee for residential development shall be $500 for each residential dwelling unit created by the development.
E. 
The public water impact fee for commercial or industrial development shall be $500 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
F. 
The 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.
G. 
Public water impact fees may be reduced or eliminated as follows:
(1) 
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.
(2) 
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.

§ 352-11 Public street impact fee.

A. 
A public street impact fee is hereby imposed on all development in the City of Prescott. The public street impact fee shall be imposed upon any development occurring on land subsequently annexed to the City of Prescott as of the date of annexation of such land.
B. 
The public street impact fee is hereby imposed for any current (as of the effective date of this chapter) or future development within the City of Prescott.
C. 
The public street impact fee imposed shall be as set forth in the impact fee needs assessment referred to in § 352-4 of this chapter.
D. 
The public street impact fee shall be $290 for each REU.

§ 352-12 Public parks impact fee.

A. 
A public parks impact fee is hereby imposed on all residential development in the City of Prescott. The public parks impact fee shall be imposed upon any residential development occurring on land subsequently annexed to the City of Prescott as of the date of annexation of such land.
B. 
The public parks impact fee is hereby imposed for any current (as of the effective date of this chapter) or future residential development within the City of Prescott. The public parks impact fee shall also be imposed on any modification to an existing residential development that results in any additional dwelling units.
C. 
The public parks impact fee imposed shall be calculated as set forth in the impact fee needs assessment referred to in § 352-4 of this chapter.
D. 
The public parks impact fee shall be $700 for each REU.
E. 
The total public parks impact fee shall be based upon the number of dwelling units created by the development.
F. 
The public parks impact fee shall be equal to the impact fee per REU as set forth in Subsection D above, multiplied by the number of dwelling units in a development.

§ 352-13 Public buildings impact fee.

A. 
A public buildings impact fee is hereby imposed on all development in the City of Prescott. The public buildings impact fee shall be imposed upon any residential development occurring on land subsequently annexed to the City of Prescott as of the date of annexation of such land.
B. 
The public buildings impact fee is hereby imposed for any current (as of the effective date of this chapter) or future development within the City of Prescott. The public buildings impact fee shall also be imposed on any modification to an existing residential development, which results in any additional residential units.
C. 
The public buildings impact fee imposed shall be calculated as set forth in the impact fee needs assessment referred to in § 352-4 of this chapter.
D. 
The public buildings impact fee shall be $700 for each REU.
E. 
The public buildings impact fee shall be equal to the amount per REU set forth in Subsection D above multiplied by the equivalent meter conversions specified in § 352-10E.

§ 352-14 Reduction in impact fee.

The Common Council 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 City.