[HISTORY: Adopted by the Town Board of the Town of Barton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-31-1995 by Ord. No. 95-1]
In order to provide for the capital costs for the construction,
expansion, and improvement of public facilities, including the cost
of land and legal, engineering, and design costs, to serve growth
in the Town of Barton's population, there are hereby imposed the following
impact fees upon developers to pay for the capital costs that are
necessary to accommodate land development in compliance with the requirements
of § 66.0617, Wis. Stats.
The provisions of this article shall be applicable as follows:
A.
Applicability to all land development for which an impact fee has
not been collected. The provisions of this article shall be applicable
to all land development for which an impact fee has not been collected
by the Town prior to May 1, 1995.
B.
Effect upon all building permits issued prior to effective date.
All building permits issued prior to the effective date of this article
shall not be affected by this article except as follows:
(1)
Nothing in this article, or any amendment thereto, shall be deemed to require any change in the plans, construction, or designated use of any building or structure if a building permit [also see Subsection B(2) of this section] for such building or structure was lawfully and properly issued prior to the effective date of this article, or any such amendment thereto, and such building permit and/or occupancy permit had not by its own terms expired prior to such effective date of this article, and construction pursuant to such building permit is commenced prior to the expiration date of such building permit.
(2)
Where a building permit for a building or structure has been issued
in accordance with law prior to the effective date of this article,
and provided that construction is begun within 90 days of such effective
date and the exterior of the building or structure is completed within
six months of such effective date, said building or structure may
be completed in accordance with the approved plans on the basis of
which the building permit has been issued and, further, may, upon
completion, be occupied under an occupancy permit by the use for which
originally designated, subject thereafter to the provisions of the
Town of Barton Municipal Code, as amended.
C.
Pending applications. This article, and any amendment thereto, shall
apply to all applications for land development pending and not finally
decided on the effective date thereof to which it would apply if such
applications were filed on or after such effective date.
As used in this article, 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 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.
A person that constructs or creates a land development.
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 article.
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.
The Town of Barton, Washington County, Wisconsin.
All of the following:
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.
Notwithstanding Subsection A, with regard to impact fees that were first imposed before June 14, 2006, "public facilities" includes other recreational facilities that were substantially completed by June 14, 2006. This subsection does not apply on or after January 1, 2018.
A geographic area delineated by a municipality within which
there are public facilities.
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.
The amount of impact fees to be collected for each residential dwelling unit created after the effective date of this article shall be in an amount as specified under § 310-8 of this article.
A.
Determination. Impact fee amounts shall be determined from time to
time and shall be based upon a detailed estimate of the capital costs
of providing new public facilities or the improvement or expansion
of existing public facilities which will be required because of land
development, in accordance with § 66.0617, Wis. Stats. Such
determination shall include an estimate of the effect of the impact
fees on the availability of affordable housing within the Town. The
full amount of the impact fee shall be determined based upon the number
of residential dwelling units created.
B.
Guidelines and criteria for the impact fees imposed by this article.
The impact fees imposed by this article:
(1)
Shall bear a rational relationship to the need for new, expanded,
or improved public facilities that are required to serve land development.
(4)
Shall be reduced to compensate for other capital costs imposed by
the Town with respect to land development to provide or pay for public
facilities, including special assessments, special charges, land dedications
or fees in lieu of land dedication under Ch. 236, Wis. Stats., or
any other items of value.
(5)
Shall 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 are imposed.
(6)
May not include amounts necessary to address existing deficiencies
in public facilities.
Impact fees shall be placed in segregated, interest-bearing
accounts as follows:
A.
Revenues from impact fees collected to be placed in segregated, interest-bearing
accounts. Revenues from impact fees collected pursuant to this article
shall be placed in segregated, interest-bearing accounts, and a separate
account shall be established for each service area district or zone
as established in this article.
B.
Expenditure of impact fee funds. All funds collected from land development
activities within a given service area district or zone, and interest
thereon, shall be expended only within that service area district
or zone and only for capital costs for which they were imposed.
C.
Disposition of prior collected funds. All funds collected and held
by the Town as "park fees" which were collected prior to the enactment
of this article shall be allocated to the Community Park Service District/Zone.
[Amended 10-16-2007 by Ord. No. 07-005[1]]
Impact fees imposed and collected under this article but not spent for the acquisition, development or improvement of the specified public facilities shall be refunded to the current owners of the property pursuant to the requirements set forth under § 310-11 of this article with respect to which the impact fees were imposed within the time periods as set forth below in this section:
A.
Community Park Service District/Zone. For public facilities within
the Community Park Service District/Zone, said time period shall not
exceed 10 years unless extended by the Town for up to an additional
three years by resolution. Said resolution, if applicable, shall specify
the extenuating circumstances or hardship that lead to the need to
adopt the resolution extending the ten-year limit.
B.
Neighborhood Park Service District/Zone. For public facilities within
the Neighborhood Park Service District/Zone, said time period shall
not exceed 10 years unless extended by the Town for up to an additional
three years by resolution. Said resolution, if applicable, shall specify
the extenuating circumstances or hardship that lead to the need to
adopt the resolution extending the ten-year limit.
As identified in the Public Facilities Needs Assessment for
Parks, Playgrounds, and Other Recreational Facilities, dated July
28, 1995, prepared by Meehan & Company, Inc., and in conformance
with the requirements of § 66.0617, Wis. Stats., the impact
fees collected for parks, playgrounds, and other recreational facilities
shall be based upon the following impact fee service districts/zones
within the Town:
A.
Community Park Service District/Zone. One Community Park Service
District/Zone, which shall encompass and address the community-level
park, playground, and other recreational facility needs of the entire
Town. The Community Park Service District/Zone shall be the entire
Town of Barton. The impact fees for the Community Park Service District/Zone
shall be in addition to the impact fees specified for any overlapping
Neighborhood Park Service District/Zone.
B.
Neighborhood Park Service Districts/Zones. Five Neighborhood Park
Service Districts/Zones, which shall encompass and address the neighborhood-level
park, playground, and other recreational facility needs of the five
Neighborhood Park Service Districts/Zones within the Town. The five
Neighborhood Park Service Districts/Zones are delineated on Map 3
of the Public Facilities Needs Assessment for Parks, Playgrounds,
and Other Recreational Facilities, dated July 28, 1995, prepared by
Meehan & Company, Inc., incorporated herein as referenced. The
impact fees for each of the Neighborhood Park Service Districts/Zones
shall be in addition to the impact fees specified for any overlapping
Community Park Service District/Zone.
[Amended 11-11-1997 by Ord. No. 97-06; 1-12-1999 by Ord. No. 99-01; 5-15-2001 by Ord. No. 01-05]
If a land development does not contain lands suitable for dedication and development for parks and playgrounds or other recreational uses as determined by the Town Board under Chapter 340, Land Division, of the Code of the Town of Barton, as amended, or if the value of any such land, as determined by the Town Board, does not equal the cash impact fees imposed by this article, the developer shall pay to the Town an impact fee for each and every residential dwelling unit created by the land development as follows:
A.
Community Park Service District/Zone 1: for each dwelling unit created
by the land development within this district, the sum of $291.36.
B.
Neighborhood Park Service District/Zone 1: for each dwelling unit
created by the land development within this district, the sum of $0.00.
C.
Neighborhood Park Service District/Zone 2: for each dwelling unit
created by the land development within this district, the sum of $0.00.
D.
Neighborhood Park Service District/Zone 3: for each dwelling unit
created by the land development within this district, the sum of $0.00.
E.
Neighborhood Park Service District/Zone 4: for each dwelling unit
created by the land development within this district, the sum of $0.00.
F.
Neighborhood Park Service District/Zone 5: for each dwelling unit
created by the land development within this district, the sum of $0.00.
Any land development for which fees for parks, playgrounds,
or other recreational facilities have been paid prior to May 1, 1995,
pursuant to the provisions and requirements of the Town of Barton
Municipal Code, or other Town of Barton ordinance, as said Municipal
Code or other Town of Barton ordinance existed prior to May 1, 1995,
shall be exempt from the impact fees imposed under this article.
The impact fees imposed in this article may be adjusted during
the first quarter of each year by the percentage equal to that of
the rate of consumer inflation based upon the percent of change of
the yearly consumer price index for the previous year for the Milwaukee
metropolitan area as reported by the United States Department of Labor,
Bureau of Labor Statistics. The Town Clerk, or the Town Clerk's designee,
shall determine such adjustment and maintain a copy of the said consumer
price index upon which such adjustment was made in the office of the
Town Clerk.
All fees collected and special accounts maintained under this
article shall be subject to administration by the Town Clerk.
A.
Report required. Commencing with the calendar year subsequent to
the effective date of this article, the Town Clerk shall report annually
to the Town Board with regard to all deposits, withdrawals, and fund
balances in regard to impact fees. The purpose of the annual report
is to provide the Town Board with information necessary to determine
that all funds collected are spent within a reasonable amount of time
pursuant to this article, for the purposes intended, and that the
amount of the fees imposed continues to represent an equitable and
reasonable apportionment of the cost of public facilities for land
development.
B.
Refunds. Should the Town Board determine that any refunds be made,
such refund shall be made by the Town Clerk proportionally to the
current owner(s) of the lot(s), parcel(s), or dwelling unit(s), as
applicable, and taking into account the time and amount of fees paid
for such lot(s), parcel(s), or dwelling unit(s), as applicable.
Any developer who disputes the amount, collection, or use of
the impact fees provided for herein shall have the right to appeal
to the Town Board, and the procedure for such appeal shall be as follows:
A.
Appeal initiation and appeal application fee. An appeal shall be
initiated by filing a written notice of appeal with the Town Clerk
(or other Town Board authorized agent), accompanied by an appeal application
fee in an amount as set forth in the Town Fee Schedule.[1]
B.
Content of the written notice of appeal. The written notice of appeal
shall include the name, address, and telephone number of the developer,
the legal description of the land development for which the impact
fee is imposed and the appeal is requested, the number of residential
dwelling units being created, the amount and nature of the impact
fee imposed, and the specific objections to the amount of the impact
fee, collection of the impact fee, or the use of the impact fee.
C.
Hearing the appeal. Upon receipt of the written notice of appeal
and appeal application fee, the Town Clerk (or other Town Board authorized
agent) shall schedule a special meeting of the Town Board for the
special purpose of hearing the appeal. Such special meeting shall
be scheduled not more than 30 days from the date of the receipt of
the written notice of appeal unless a later date for the hearing is
agreed to by the developer in writing.
D.
Conduct of the appeal proceedings. The developer may present such
oral and documentary evidence as the developer may desire upon the
hearing, and the Town Plan Commission may similarly submit evidence
in support of the impact fee(s). All proceedings shall be electronically
recorded or taken by a court reporter, at the option of the developer.
If a court reporter is requested, the developer shall pay the costs
thereof.
E.
Town Board determination. The Town Board shall make its determination
based upon the evidence presented and shall issue its decision in
writing within 20 days of the hearing.
F.
Certification to the Washington County Circuit Court. The decision
of the Town Board may be certified to the Washington Circuit Court
as a special writ for judicial review.
