A.
General. The subdivider shall pay the Village of East Troy 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 Village
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. The requirements
of this section apply within both the Village and its extraterritorial
jurisdiction.
B.
Engineering fee.
(1)
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, including but not limited to:
(a)
The preparation of those construction plans and specifications
required to be designed by the Village Engineer.
(b)
The preparation of those construction plans and specifications
which the subdivider requests the Village Engineer prepare.
(c)
The review of construction plans and specifications furnished
by the subdivider.
(d)
Such inspection as the Village Engineer deems necessary to assure
that the construction of the required improvements is in compliance
with the plans, specifications and ordinances (or other regulations)
of the Village or any other governmental authority.
(2)
The Village Engineer shall render an itemized estimated bill for
services to be rendered, excluding inspection work, within 30 days
after approval, or conditional approval, of the preliminary plat.
Copies of this estimated bill shall be sent both to the Village and
the subdivider. The subdivider shall pay 1/2 of this bill prior to
the Village Engineer commencing any work on plans and specifications
and shall pay the remaining half at the time the final plat is submitted
for approval. Nonpayment constitutes grounds for rejection of said
final plat. Following completion and approval of all construction
work, an adjusted, final bill, including the costs of inspection,
shall be submitted by the Village Engineer, with copies to both the
Village and the subdivider. The net amount of the final bill shall
be paid by the subdivider within 30 days of its receipt. Payments
hereunder may be made directly to the Village Engineer by the subdivider.
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/certified survey map review fee.[1]
(1)
The subdivider shall pay a fee set by the Village Board to the Village
Clerk-Treasurer at the time of first application for approval of any
preliminary plats to assist in defraying the cost of review.
(2)
A reapplication fee set by the Village Board shall be paid to the
Village Clerk-Treasurer at the time of reapplication for approval
of any preliminary plat which has previously been reviewed.
F.
Final plat review fee.[2]
(1)
The subdivider shall pay a fee set by the Village Board to the Village
Clerk-Treasurer at the time of first application for approval of said
plat to assist in defraying the cost of review.
(2)
A reapplication fee set by the Village Board shall be paid to the
Village Clerk-Treasurer at the time of reapplication for approval
of any final plat which has previously been reviewed.
G.
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 Administration, Wisconsin Department
of Transportation, Wisconsin Department of Safety and Professional
Services, and the Wisconsin Department of Natural Resources.
H.
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 § 495-52D for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.
I.
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.
J.
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 fees, at
the invoiced amount plus administrative costs. 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.
Pursuant to the authority to impose impact fees found in § 66.0617,
Wis. Stats., and pursuant to the impact fee studies and plans required
therein, the Village of East Troy hereby establishes and imposes impact
fees as prescribed in this section.
A.
Establishment of service area. There is hereby established a geographically
defined area which shall be known as the "service area" within which
it will be necessary to enlarge and improve new and existing public
facilities attendant to the Village of East Troy water system and
library improvements as a result of land development and growth within
the Village of East Troy. The service for the water system and library
improvements is shown in Exhibit A which is attached hereto and incorporated
herein by this reference and is on file in the Clerk-Treasurer's office
and shall remain on file in the Clerk-Treasurer's office.
[Amended 12-7-2015 by Ord. No. 2015-09]
B.
Standard for impact fees. In accordance with § 66.0617,
Wis. Stats., the Village of East Troy adopts the following standards
for impact fees which will be imposed under this section:
(1)
Impact
fees adopted by the Village of East Troy:
(a)
Shall bear a rational relationship to the need for new, expanded
or improved public facilities that are required to serve land development.
(b)
May not exceed the proportionate share of the capital costs
that are required to serve land development, as compared to existing
uses of land within the Village of East Troy.
(c)
Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded, or improved public facilities.
(d)
Shall be reduced to compensate for other capital costs imposed
by the Village of East Troy 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 dedications under
Ch. 236, Wis. Stats., or any other items of value.
(e)
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.
[Amended 6-15-2015 by Ord. No. 2015-02]
(f)
May not include amounts necessary to address existing deficiencies
in public facilities.
(g)
Shall be payable by the developer or the property owner to the
Village in full upon the issuance of a building permit by the Village.
[Amended 6-15-2015 by Ord. No. 2015-02]
(2)
References hereinabove to public facilities shall be deemed to refer
to the following, to the extent that their inclusion is permitted
under § 66.0617, Wis. Stats.: the Village of East Troy water
system, including wells, storage towers, and transmission mains; and
the public library, including structural improvements and equipment
owned and utilized by the system.
[Amended 12-7-2015 by Ord. No. 2015-09]
D.
Residential impact fees. Each impact fee shall be imposed on a residential
equivalent unit (REU) basis with each single-family residential unit,
whether located within a one-family, condominium, cooperative, rental,
or owner-occupied unit, constituting one such REU. Multifamily homes
with two or fewer bedrooms shall pay 0.73 times the impact fees charged
to a single-family home. Other types of temporary or limited term
domestic use facilities shall be assigned residential unit equivalents
as provided herein:
E.
Nonresidential impact fees. Nonresidential development will be charged
the impact fee for water and law enforcement only according to water
meter size. The fees will be charged on a cost per REU as follows:
Water and Law Enforcement Impact Fees REU Multiplier
| ||||
---|---|---|---|---|
Meter Size
(inches)
|
Meter Type
|
Flow
(gallons per minute)
|
REU Ratio
| |
3/4 or less
|
Displacement
|
15
|
1.0
| |
1
|
Displacement
|
25
|
1.7
| |
1 to 1 1/2
|
Displacement
|
50
|
3.3
| |
2
|
Displacement
|
80
|
5.3
| |
2
|
Compound
|
80
|
5.3
| |
2
|
Turbine
|
100
|
6.7
| |
3
|
Compound
|
160
|
10.7
| |
3
|
Turbine
|
240
|
16.0
| |
4
|
Compound
|
250
|
16.7
| |
4
|
Turbine
|
420
|
28.0
| |
6
|
Compound
|
500
|
33.3
| |
6
|
Turbine
|
920
|
61.3
| |
8
|
Compound
|
800
|
53.3
| |
8
|
Turbine
|
1,600
|
106.7
| |
10
|
Compound
|
1,150
|
76.7
| |
10
|
Turbine
|
2,500
|
166.7
|
F.
Payment of impact fees. Payment of impact fees for water system additions
and library additions shall become due and payable upon the issuance
of a building permit for new development or before service connection
for existing developments.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-7-2015 by Ord. No. 2015-09]
G.
Low-cost housing. No exemption or reduction in the amount of said
fee shall be made on land development that provides for low-cost housing.
H.
Separate fund established. There is hereby established an impact
fee fund for water system additions and library additions within the
Village of East Troy. Each such fund shall be placed in a segregated,
interest-bearing account and shall be accounted for separately from
all other funds of the Village. Revenues from said fund, including
impact fee revenues and interest earned on impact fee revenues, may
be expended only for capital costs for which the impact fees were
imposed.
[Amended 12-7-2015 by Ord. No. 2015-09]
I.
Refund of impact fees. Impact fees that are collected after April
10, 2006, within seven years of the effective date of the ordinance,
but are not used within 10 years after the effective date of the ordinance
to pay the capital costs for which they were imposed, 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. However,
the time for refunding impact fees may be extended an additional three
years by a majority vote of the Village Board of Trustees adopting
a resolution stating that, due to hardship or extenuating circumstances
in meeting the ten-year limit, the Village requires an additional
three years to use the impact fees.
[Amended 2-6-2017 by Ord.
No. 2017-05]
J.
Exemptions.
(1)
The following shall be exempted from payment of impact fees herein
provided:
(a)
Alterations or expansion of existing buildings where no additional
or larger water meter connections are requested or required and where
the use of the property is not changed.
(b)
The replacement of a building or structure with a new building or
structure of the same or less size where no additional or larger water
or service connections are requested and where the use is not changed.
(2)
Any claim of exemption shall be made at the time of application for
building permit. Any claim not so made shall be deemed waived.
K.
Penalty provision. Any person violating any provision of this section shall be subject to the uniform penalty provisions of § 1-4 of this Code or any other legal remedy available according to law.
L.
Appeal. Any person upon whom an impact fee is imposed has the right
to appeal the amount, collection, or use of the impact fee to the
Village Board of the Village of East Troy. The procedure shall be
as follows:
(1)
Any person appealing the amount, collection, or use of the impact
fee shall submit a letter or petition to the Village of East Troy
Clerk-Treasurer, describing the nature of the appeal and providing
any supporting documentation therewith.
(2)
The Clerk-Treasurer shall present the appeal letter or petition to
the Village Board. The Clerk-Treasurer shall notify the person appealing
of the time and place of the Village Board meeting at which the appellant
shall be given an opportunity to present additional information in
support of the appeal.[1]
(3)
The appellant shall thereafter have a further right, within 60 days,
to request and cause the Village Board of the Village of East Troy
to conduct a formal hearing of the contest within a reasonable time
following said request.