[HISTORY: Adopted by the Village Board of the Village of
Richfield 2-16-2006 by Ord. No. 06-01-01; amended 7-20-2006 by Ord. No. 06-07-01; 8-20-2009 by Ord. No. 2009-8-11 (Ch. 67 of prior
Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 330.
This chapter is authorized under § 66.0617, Wis. Stats.
The provisions of this chapter shall not be construed to limit the
power of the Village to adopt such ordinance pursuant to any other
source of local authority, nor to utilize any other methods or powers
otherwise available for accomplishing the purposes set forth herein,
either in substitution of or in conjunction with this chapter.
The purpose of this chapter is to promote the public health,
safety, and general welfare of the community and to facilitate the
adequate provision for parks, playgrounds, land for athletic fields,
and fire protection facilities by imposing impact fees upon developers
to pay for the capital costs that are necessary to accommodate land
development.
As used in this section, 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 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 do not include other non-capital
costs to construct, expand, or improve public facilities, vehicles,
or the costs of equipment to construct, expand, or improve public
facilities.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
A person that constructs or creates a land development.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
Cash contributions, contributions of land or interest in
land or any other items of value that are imposed on a developer by
a municipality under this chapter.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
The construction or modification of improvements 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.
The meaning of which is provided in § 66.0617(1),
Wis. Stats.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
A.Â
Impact fees imposed.
(1)Â
Impact fees are hereby imposed on all developments and land divisions
within the Village.
(2)Â
Impact fees must be paid in full by the developer or property owner
at the time of the issuance of a building permit.
(3)Â
For all developments no building permit shall be issued for land
development unless the impact fees set forth in this chapter are imposed
and calculated pursuant to this chapter. Fee shall be payable at the
time building permits are issued.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
B.Â
Parks, playgrounds, and land for athletic fields impact fee.
[Amended 8-15-2013 by Ord. No. 2013-8-2; 3-19-2015 by Ord. No. 2015-03-02]
(1)Â
Any developer creating a land division for residential development or constructing additional residential dwelling units within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the park, playground and land for athletic fields needs of land development, except as provided in Subsection D.
(2)Â
The amount of the fee per residential dwelling unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 212-5, shall be as follows:
(3)Â
Such fees collected by the Village shall be placed in a special fund
which shall be separate from the general fund of the Village, and
the special fund and all interest earned thereon shall be used exclusively
for the capital costs of parks, playgrounds and land for athletic
fields within the Village.
(4)Â
Such fees shall be used by the Village for the aforesaid purpose
within the applicable period of time as established by § 66.0617,
Wis. Stats., after the date of payment, or such fees along with any
interest that has accumulated shall be refunded to the then-current
owner(s) of the property upon which such fee was collected.
(a)Â
Fees collected prior to April 10, 2006, shall be used not later
than the first day of the 120th month beginning after the date on
which the fee was collected.
(b)Â
Fees collected after April 10, 2006, but within seven years
of the effective date of this chapter, shall be used within 10 years
after the date on which the fee was collected unless, in the event
of extenuating circumstances or hardship, the Village adopts a resolution
under § 66.0617(9)(b), Wis. Stats., to extend the time within
which such fees must be used.
(c)Â
Fees collected after April 10, 2006, and more than seven years
after the effective date of this chapter, shall be used within a reasonable
period of time after the date on which the fee was collected.
C.Â
Fire protection facilities.
[Amended 8-15-2013 by Ord. No. 2013-8-2; 3-19-2015 by Ord. No. 2015-03-02]
(1)Â
Any developer creating a land division for residential, commercial, institutional or industrial development or constructing additional residential dwelling units within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the fire protection facilities needs of land development, except as provided in Subsection D.
(2)Â
Fee amount.
(a)Â
The amount of the fee per residential dwelling unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 212-5, shall be as follows:
(b)Â
For commercial and institutional development, the fee shall
be $0.246 per square foot of building space.
(c)Â
For industrial development, the fee shall be $0.174 per square
foot of building space.
(3)Â
Such fees collected by the Village shall be placed in a special fund
which shall be separate from the general fund of the Village, and
the special fund and all interest earned thereon shall be used exclusively
for the capital costs of fire protection facilities within the Village.
(4)Â
Such fees shall be used by the Village for the aforesaid purpose
within the applicable period of time as established by § 66.0617,
Wis. Stats., after the date of the payment, or such fees along with
any interest that has accumulated shall be refunded to the then owner(s)
of the property upon which such fee was collected.
(a)Â
Fees collected prior to April 10, 2006, shall be used not later
than the first day of the 120th month beginning after the date on
which the fee was collected.
(b)Â
Fees collected after April 10, 2006, but within seven years
of the effective date of this chapter, shall be used within 10 years
after the date on which the fee was collected unless, in the event
of extenuating circumstances or hardship, the Village adopts a resolution
under § 66.0617(9)(b), Wis. Stats., to extend the time within
which such fees must be used.
(c)Â
Fees collected after April 10, 2006, and more than seven years
after the effective date of this chapter, shall be used within a reasonable
period of time after the date on which the fee was collected.
D.Â
Fee reduction. Any impact fee imposed under this section shall be
reduced to compensate for capital costs otherwise imposed by the Village
upon the land development subject to this section, for the same public
facilities for which an impact fee has been imposed under this section,
including by way of special assessments, special charges, land dedications
or fees in lieu of land dedications under Ch. 236, Wis. Stats., or
any ordinance adopted thereunder or any other items of value. Impact
fees imposed under this section shall also 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
under this section are imposed.
A.Â
Fees subject to administration and review.
(1)Â
All fees collected and special accounts maintained under this chapter
shall be subject to administration by the Village Treasurer or designee.
The Village Treasurer or designee shall report annually to the Village
Board with regard to all deposits, withdrawals and fund balances in
these accounts.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
(2)Â
The purpose of the annual report is to provide the Village Board
with information necessary to determine that all funds collected are
spent within the time required for the purpose intended and that the
amount of fees imposed continues to represent an equitable and reasonable
apportionment of the cost of public improvements and requirements
generated by land development. Upon such considerations and for such
purposes, the Village Board may make reasonable adjustments to the
amount of such fees and determine whether there exists any reasonable
need for refund of fees previously collected. The impact fee imposed
under this chapter shall be increased annually at a rate equal to
the percentage change in the United States Bureau of Labor Statistics
Midwest Region All Items Consumer Price Index for All Urban Consumer(s)
for the previous 12 months, with the adjustment effective January
1 of each year. The Village Treasurer or designee shall calculate
the adjusted fees and maintain a copy of the calculation and the adjusted
impact fees in the office of the Village Clerk.
B.Â
Appeal. Pursuant to § 66.0617(10), Wis. Stats., a developer
upon whom an impact fee is imposed has the right to contest the amount,
collection or use of the impact fee to the Village Board. The procedure
for such appeal shall be as follows. All appeals which challenge the
Village authority granted by this chapter, or the procedures for adoption
of this chapter, or otherwise challenge the validity of this chapter,
must be filed, in writing, with the Village Clerk within 90 days of
the effective date of this chapter. All appeals which challenge the
Village's actions in administering or enforcing this chapter
must be filed, in writing, with the Village Clerk within 15 days of
the date that the Village action that is to be appealed took place.
In all cases, the appeal must be entitled "Notice of Appeal of Impact
Fee" and shall state the developer's name, address, telephone
number, address (if available) and legal description of the land development
upon which the impact fee is imposed, and a statement of the nature
of and reasons for the appeal. The Village Clerk or designee shall
schedule the appeal for consideration by the Village Board at a regular
or special meeting as soon as reasonably practicable under the circumstances
and shall notify the developer of the time, date and place of such
meeting, in writing, by regular mail, deposited in the mail no later
than at least three days before the date of such meeting. Upon review
of such appeal, the Village Board may adjust the amount, collection
or use of the impact fee that applies to the appellant, upon just
and reasonable cause shown.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
